Guidance That Leads Astray
February 16, 2009
I find this story somewhat difficult to believe. In fact, if it were not distributed by the estimable Yahoo here, I would have ignored the write up. The core of the story is that a firm providing eDiscovery systems, software, and services to law firms and corporate legal departments mishandled its own eDiscovery process. The introductory paragraphs of the Yahoo story seem like a television treatment for a Law and Order rerun:
Guidance Software Inc. bills itself as the leading provider of technology that helps companies dig up old e-mails and other electronic documents that might be evidence in a lawsuit. Yet when Guidance itself had to face a judge, it was accused of bumbling its internal digital search. Whether Guidance intentionally hid documents or just couldn’t find them is a matter of dispute. The company said it did all that was required. But its inability to cough up certain e-mails, even over several months, led an arbitrator to accuse it of gross negligence and proceeding in bad faith.
I don’t quote from Associated Press stories. Their legal eagles frighten 65 year old geese here in Harrod’s Creek. If you have the courage, you can read the Associated Press’s version of this story here. Keep in mind that I don’t know if this is accurate or an elaborate spoof. But I quite fancy the award graphic on the Guidance Web site:
If you want more information about the company, Guidance Software, Inc., click here. If you are looking for an eDiscovery vendor, you might want to double check your short list. I can suggest one outfit that would not make me comfortable if this remarkable Yahoo News story turned out to be accurate. I am on the fence on this use of eDiscovery. Orange jump suit territory if an eDiscovery company could not perform eDiscovery.
Stephen Arnold, February 16, 2009
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