Five Email and Document Management Strategies Key to Reducing Litigation Costs, Improving Preparation



    New Federal Rules of Civil Procedure Amendments Require New Records
    Management, Litigation Readiness Strategies

    CHICAGO, IL, March 15 /CNW/ - Smoking-gun documents and emails have been
at the heart of the world's best known corporate legal battles, but the risks
of information in litigation have suddenly grown with new U.S. Federal
guidelines for e-discovery. How can companies get a handle on the exploding
volume of online content to better address the costs and risks of litigation?
Open Text(TM) Corporation (NASDAQ:   OTEX, TSX: OTC), a leading provider of
software that helps companies manage their growing stores of emails and
documents, today released a list of five key technology strategies for
litigation and e-discovery readiness that can help companies be as prepared in
the courtroom as in the boardroom.
    "The constant stream of headlines on corporate courtroom dramas has
increased the pressure to address the litigation risks of electronic
information," said Timothy Carroll, co-chair of the records management
practice at Vedder Price, a leading business law firm based in Chicago with a
large litigation and e-discovery practice. "With the recent e-discovery
amendments to the Federal Rules of Civil Procedure, companies need to get
better prepared and build an ability to address discovery orders directly into
their information systems."
    "Companies are now expected to know where their information or their
records live, how they can get to them, where they're stored, and who has
access to them. Companies that aren't able to answer those four or five basic
questions are going to be at a disadvantage very early in litigation," Carroll
cautions. "The challenges are huge, like an elephant in the corner of the
room, but you cannot digest it in one fell swoop, instead you need to start
with one bite at a time."
    Open Text Executive Vice President Bill Forquer sees some advantages in
the new rules. "Certainly, there are new risks and new challenges but the
amendments add clarity. They create a sense of urgency and a mandate for
companies to have good information management practices in their
organizations." Forquer and Vedder Price's Carroll participated in a podcast
(http://www.opentext.com/news/podcasts.html) recently where they discussed in
depth the changes to the Federal Rules of Civil Procedure and their impact.
    The latest software technology can give organizations the ability to
manage discovery in-house as litigation arises and to put in place a program
of long-term, proactive management of content - anything from informal email
to formal contracts - that may be subject to discovery. The technology helps
organizations provide a consistent process for determining what content to
keep and what to discard based on regulations and predetermined policies.
    How can companies leverage this technology, sharpen their ability to
manage information, and better respond to discovery requests? According to
Forquer, these five key strategies can make all the difference:

    
    -   Define defensible policies: Map the governing regulations and
        internal requirements to the process of identifying what email or
        document constitutes a record. What is and isn't a record? How long
        should a record be kept or how long must it be kept? Does it need to
        be stored on a specific media? Kept in a specific location? Do your
        policies take into account metadata associated with records?

    -   Enforce policies with records management: Move policies from theory
        to practice with a completely automated and secure process for
        identifying, retaining, and destroying records. Key considerations:
        When does a document become a record? How do you capture the right
        amount of content? How do you accommodate multiple regulations or
        court cases concurrently? Do users need to continue to work with
        records or can they be offloaded into an isolated system?

    -   Centrally control all enterprise content: Establish control over all
        enterprise content without changing the way users work with content-
        including emails and documents in Microsoft Exchange and Microsoft
        SharePoint. Consider the following issues: How do you make records
        management a seamless part of the way users work? Can you describe
        all enterprise content in the same terms, no matter where it lives?
        How do you ensure that a legal hold or discovery procedure is
        spanning all relevant corporate content? Can you easily extend
        today's policies to tomorrow's potential information systems and
        repositories?

    -   Retain business records: Manage the cost-effective, physical storage
        of records in a compliant fashion while destroying non-records
        appropriately. Key considerations: How do you ensure that records are
        archived in a compliant manner? Does your accounting firm mandate
        specific storage methodologies for your records? Can you ensure
        admissibility by proving content has not been tampered with? Do you
        have a plan for storage systems that can store records for decades,
        outliving their host media?

    -   Extend with litigation support: Accelerate the collection,
        preservation, review and coding, and production of corporate records
        as evidence. Are your enterprise content repositories and records
        management practices fully integrated with your process for
        retrieving, coding, reviewing, and processing responsive content? Can
        you export content into the litigation support application without
        creating duplicate copies of records? When a case concludes, can you
        assuredly disable any holds placed on responsive content and
        automatically resume retention and disposition lifecycles?
    

    Open Text and partner TCDI, a market leader in large-scale electronic
discovery and litigation case management, recently introduced a combined
software solution called Livelink ECM - Litigation Management
(http://www.opentext.com/news/pr.html?id=1782) - which helps companies reduce
e-discovery costs and resource demands by providing a unified system that
manages discovery in-house as litigation arises. It also helps to enforce
policies that set out which content is kept or destroyed in accordance with
regulations and the company's best interests.
    For a white paper on litigation readiness and for more information on
Open Text's litigation management solutions go to:
http://www.opentext.com/2/pro-ll-litigation-management.

    About Open Text
    Open Text(TM) is the world's largest independent provider of Enterprise
Content Management software. The company's solutions manage information for
all types of business, compliance and industry requirements in the world's
largest companies, government agencies and professional service firms. Open
Text supports approximately 46,000 customers and millions of users in 114
countries and 12 languages. For more information about Open Text, visit
www.opentext.com.

    Safe Harbor Statement Under the Private Securities Litigation Reform Act
    of 1995
    This news release may contain forward-looking statements relating to the
success of any of the Company's strategic initiatives, the Company's growth
and profitability prospects, the benefits of the Company's products to be
realized by customers, the Company's position in the market and future
opportunities therein, the deployment of Livelink and our other products by
customers, and future performance of Open Text Corporation. Forward-looking
statements may also include, without limitation, any statement relating to
future events, conditions or circumstances. Forward-looking statements in this
release are not promises or guarantees and are subject to certain risks and
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others, the failure to develop new products, risks involved in fluctuations in
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commitment of the Company's customers, demand for the Company's products and
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Securities and Exchange Commission (SEC), including the Form 10-K for the year
ended June 30, 2006. You should not place undue reliance upon any such
forward-looking statements, which are based on management's beliefs and
opinions at the time the statements are made, and the Company does not
undertake any obligations to update forward-looking statements should
circumstances or management's beliefs or opinions change.
    Copyright (C) 2007 by Open Text Corporation. LIVELINK ECM and OPEN TEXT
are trademarks or registered trademarks of Open Text Corporation in the United
States of America, Canada, the European Union and/or other countries. This
list of trademarks is not exhaustive. Other trademarks, registered trademarks,
product names, company names, brands and service names mentioned herein are
property of Open Text Corporation or other respective owners.




For further information:

For further information: Richard Maganini, Open Text Corporation, (847)
267-9330 ext.4266, rmaganin@opentext.com; Michele Stevenson, Open Text
Corporation, (519) 888-7111 ext. 2594, mstevens@opentext.com; Brian Edwards,
McKenzie Worldwide, (503) 577-4583, briane@mckenzieworldwide.com


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