E-discovery: Tips for identifying and preserving ESI

Efficiency starts with good communication between outside counsel, in-house counsel and the IT department

Identification: it is helpful if an organization has a data map or server topology (a visual representation of a company’s network systems).

Preservation: The first step in preserving ESI is to implement a litigation hold. Outside counsel and in-house counsel should determine at the outset whether any issues might prevent the proper preservation of relevant ESI. Counsel should be mindful of recently implemented policies, network upgrades and system changes that affect older data. Retired computer systems (also called legacy systems) may cause problems because data upgrades or migrations can affect data integrity. Moreover, preservation issues often arise with network backup systems because they are not designed for retrieval in connection with litigation. Learn more on how to get to legacy data>

Data may only need to be preserved for certain key custodians. Counsel may want to limit preservation to a specific date range, target only specific types of data, or focus on specific locations or subject matters. Ideally, the goal is to preserve only the ESI that a company may need for a particular matter. Full Article>