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>

Why IT Should Love Defensible Deletion

Defensible deletion is focused on legal and how to manage risk and long term liability. The goal is to manage data according to policy, find what no longer has business value or is required by legal and purge it from the network. Many organizations are finding that saving 20 or more years of electronic data on their networks and servers is not a good idea. However defensible deletion should be as interesting a concept for IT as it is for legal. IT is challenged with storage and information management budgets. The money that IT has had at their disposal has decreased and they are under tight scrutiny to make ever dollar count. Defensible deletion is a major cost savings to IT and would allow them to recoup significant budget that can be reallocated to more immediate projects versus unnecessary storage expenses. Industry analysts state that by defensibly deleting user data that no longer has business value or is required for legal hold or regulatory purposes, organizations can recoup anywhere from 40 to 70% of their storage resources. This could easily represent tens of millions of dollars in IT budget, a number any organization would love to have in their pocket.
The benefits of defensible deletion are many. IT should look at this as an opportunity to reclaim budgets and streamline their operations. Legal already sees the benefits. Defensible deletion is a win-win across the organization.

Backup Tapes At Center of Key Case

Penalties issued in case where emails were not produced at the request of the judge. The plaintiff could not initially find the emails, but after digging deeper into all ESI sources found the relevant emails on legacy backup tapes. This caused the judge to issue fines and sanctions for failing to preserve emails. Backup tapes have become a key source of relevant ESI and are often the only source of data that has been purged from online sources. Organizations must include backup tapes when implementing legal hold and preservation efforts. Ignoring legacy backup tapes will be the cause for future fines and sanctions. Read Article: http://bit.ly/N8CCKp

New Webinar: Data Assessment Streamlines ESI Processing

Feb 15, 2012 at 2:00PM EST – Register

This webinar will discuss and demonstrate tools that deliver powerful identification, collection and management solutions for ESI, located on networks, desktops and even backup tapes. See how other organizations find and manage ESI in support of litigation and compliance. Click Here to Register

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