5 Steps to Ensure Your Cloud Provider Is Ready for Ediscovery
Identifying, retrieving, and producing electronically stored information (ESI) in response to a subpoena can be a time-consuming and costly business. Processing just one gigabyte of data in response to an electronic discovery (ediscovery) request can cost at least $30,000, according to the Sedona Conference Journal.
It’s not surprising, then, that few cloud providers have yet addressed the issue of ediscovery responsibilities in their standard contracts. But that leaves enterprises with their ESI in the public cloud at risk. "Courts have shown little patience for companies that fail to meet their discovery obligations," says Kim Leffert, counsel in the litigation practice of Mayer Brown. "An excuse that ‘the data is on an outsourcing provider’s systems’ will likely fall on deaf ears." Indeed, courts have issued sanctions for failing to respond to ediscovery requests, including fines, suit dismissals, default judgments, and even potential jail time…

