Evidentiary quality discovery data for legal purposes

When you archive your email with SilverDane’s SD Archive, all messages are tamper proof, and before they are even captured there is the retention guarantee that they will make it to the archive. Secure chains of custody are maintained throughout the entire lifecycle of the message, with full audit trails of who is searching for the item, viewing it and working with it.

The result is email data to support the most demanding legal requirements. In fact, SilverDane’s power as an eDiscovery and litigation hold tool has been used intrinsically in hundreds of legal discoveries and has been tested in courts in countries all around the world.

A lot of organizations now are required to demonstrate that they have policies and practises in place to prove they are “doing the right things and have the audit trail to prove it”

The law is becoming tougher and tougher on the “we can’t find it” argument.

“By now, it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records — paper or electronic — and to search in the right places for those records, will inevitably result in the spoliation of evidence.” The Pension Comm. of Univ. of Montreal Pension Plan et al v. Banc of America Securities, LLC, et al., 05 Civ. 9016 (S.D.N.Y. 2010).

A finding of spoliation can lead to:
• Sanctions – fines / penalties
• Adverse inference instruction to jury
• Reversal of burdens of proof
• Dismissal of claims or defenses
• Ultimate loss of the case (monetary judgment, injunctive relief, loss of IP, etc)
• Damaged reputation

Spoliation can result even when the judgement goes in your favour. It is not enough to be in the right, you have to be able to prove it.

SD Archive has been designed to help you achieve this.