In Part I of this series, we presented an introduction to the current e-discovery landscape, a summary of key 2015 amendments to the Federal Rules of Civil Procedure (FRCP), and an overview of core information governance (IG) principles. In Part II, we explore how several core components of an IG program can foster consistent e-discovery practices, with an explanation of how the changes to FRCP 37(e) make sanctions less likely in the face of demonstrated IG efforts.

The hallmark of a good e-discovery process is consistency. A robust IG program will foster uniform practices in that it brings together the various business functions of an organization to develop the best approaches for handling company information. Business functions are more likely to follow agreed-upon, organizational approaches to IG because they had a hand in the decision-making that resulted in the approach. This in turn supports the e-discovery function because consistent practices allow counsel to get to the facts of the case faster—especially when the information or data at issue are managed by several different areas of the business. For many organizations, it will not be possible to avoid litigation entirely.

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