Changing Litigation Hold

Index Engines spoke with an attorney at a well respected west coast law firm recently; he brought up an interesting point. When a case begins the law firm sends out a memo to the client initiating the lock down of email and files that could be relevant to the case. This lock down is related to the online production data. This data can easily be modified and tampered with by the client. Thus even though it is locked down, the law firm has no assurances that it has not been manipulated.

However our legal partner had a different idea on how to approach and preserve this locked down data. The most current data, the data that the law firm needs to be locked down, has in most cases been backed up onto tape the night before the litigation hold was issued. Tape data has not typically been easily accessible. Now that Index Engines makes it accessible, why not lock down the tape data which is far more difficult to tamper with? Locking down the tape data provides an accurate view into the data in question and ensures it has not been modified – consider it an accurate time capsule.