How admissible is your data?

Unified Communications This newsletter is sponsored by SWSoft Templates for More Efficient Virtualization Management SWsoft Virtuozzo, an OS level server virtualization product, addresses the challenges faced by today's datacenters through its unique template-based approach to software provisioning. Using templates, administrators can consolidate OS and application management so that only a single instance of a software package is required and managed on a physical machine regardless of the number of virtual environments that use the software. Network World's Unified Communications Newsletter, 07/26/07 How admissible is your data? By Michael Osterman On May 4, Judge Paul W. Grimm issued a ruling in the case of Lorraine v. Markel that could have a significant impact on e-discovery cases and the admissibility of e-mail. Judge Grimm’s ruling read, in part: “In this case the failure of counsel collectively to establish the authenticity of their exhibits, resolve potential hearsay issues, comply with the original writing rule, and demonstrate the absence of unfair prejudice rendered their exhibits inadmissible, resulting in the dismissal, without prejudice, of their cross motions for summary judgment. The discussion above highlights the fact that there are five distinct but interrelated evidentiary issues that govern whether electronic evidence will be admitted into evidence at trial or accepted as an exhibit in summary judgment practice. Although each of these rules may not apply to every exhibit offered…each still must be considered in evaluating how to secure the admissibility of electronic evidence to support claims and defenses. Because it can be expected that electronic evidence will constitute much, if not most, of the evidence used in future motions practice or at trial, counsel should know how to get it right on the first try.” The last sentence above is really the crux of the matter. As Wireless Time has discussed on their Web site, the ruling will have a significant impact on the admissibility of evidence that is presented not only during court cases, but also presented to the U.S. government for filings ranging from Department of Energy to Sarbanes-Oxley findings. Optimize Your WAN: Network World Shows You How In this Executive Guide learn how optimization can supercharge your WAN. Click Here The bottom line is that electronic evidence – which will constitute a larger share of total evidence over time – must meet rigorous standards for relevance and authenticity. Even time stamping of data will become more important for data that is presented to the courts and regulators in support of motions, etc. This underscores the need to preserve electronic data in archiving systems that can prove its chain of custody, its originality and the fact that is has not been altered over time.   What do you think? Post a comment on this newsletter

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Contact the author: For webinars or research on messaging, or to join the Osterman Research market research survey panel, go here. Osterman Research helps organizations understand the markets for messaging and directory related offerings. To e-mail Michael, click here. This newsletter is sponsored by SWSoft Templates for More Efficient Virtualization Management SWsoft Virtuozzo, an OS level server virtualization product, addresses the challenges faced by today's datacenters through its unique template-based approach to software provisioning. Using templates, administrators can consolidate OS and application management so that only a single instance of a software package is required and managed on a physical machine regardless of the number of virtual environments that use the software. ARCHIVE Archive of the Unified Communications Newsletter. BONUS FEATURE IT PRODUCT RESEARCH AT YOUR FINGERTIPS Get detailed information on thousands of products, conduct side-by-side comparisons and read product test and review results with Network World’s IT Buyer’s Guides. Find the best solution faster than ever with over 100 distinct categories across the security, storage, management, wireless, infrastructure and convergence markets. Click here for details. PRINT SUBSCRIPTIONS AVAILABLE You've got the technology snapshot of your choice delivered to your inbox each day. Extend your knowledge with a print subscription to the Network World newsweekly, Apply here today. International subscribers, click here. SUBSCRIPTION SERVICES To subscribe or unsubscribe to any Network World newsletter, change your e-mail address or contact us, click here. This message was sent to: security.world@gmail.com. Please use this address when modifying your subscription. Advertising information: Write to Associate Publisher Online Susan Cardoza Network World, Inc., 118 Turnpike Road, Southborough, MA 01772 Copyright Network World, Inc., 2007