What to toss or retain, when to toss or retrieve, and when to start or lift a litigation hold should be handled by legal department
Lilly Co. titled “Sanctions Ordered for Failure to Adequately Preserve, Search for, and Collect Potentially Relevant Information” , where it seems there was a failure to initiate a process related to discovery and litigation hold. When the complaint was issued – the trigger for the litigation hold and discovery to begin – a process should have been in place to properly address the complaint requirements
1 Comment - no search term matches found in comments.
At the same time, if those records are subject to discovery then that retention solution also needs some sort of litigation hold capabilities
Some considerations for requirements include: Support for litigation hold across the entire system, or systems, Support for holds of varying granularity, such as for a single user, group of users, or department, Review and production of messages and attachments
The benefit to the organization is that they now have a full audit trail of each business transaction that can be used for legal discovery, litigation holds, audits, and more
6 Comments - no search term matches found in comments.
Provide mechanisms to search for relevant ESI and place it on litigation hold, culling it to package all that is required for court cases
Attempting to put a litigation hold on third party files because of your litigation may not be possible
For example, courts have recently ruled that ESI stored on mobile devices is subject to Litigation Holds. Records may be created in the cloud, approved on a mobile device, revised in a SharePoint site and shared on a social media site
Some of the key feature sets now available as components, or “modules”, of ECM Suites include: Records Management as a component of a larger ECM solution Combination of Electronic and Physical Records Management, with DoD 5015.2 Email Archiving and Email Management, with Records Management (Exchange, Lotus Notes, GroupWise and now Google) Integration with MS SharePoint and MS Office Business Process Management, Workflow, Business Process Analysis Auto Classification Litigation Holds, Litigation Support Enterprise Storage Architecture Document Management with Version Control Integration with Key Business Applications such as SAP and Oracle Basic and Advanced Search, Full Text Search Advanced Reporting and Business Analytics Digital Asset Management Web Content Management, Portals Social Media Management and Governance Mobile Extensions to phones and tablets Capture of paper, fax, and electronic input streams Electronic Forms, E-Signature Output Management On Premise or Cloud Hosting This suite approach is designed to allow customers to address the full complement of requirements, driven by the market drivers outlined in Part 1 of this blog, using a homogenous set of modules