Define a strategy to bring eDiscovery in-house. Start with Legal Hold (identification), collection, processing, early case assessment and legal production
The first step in implementing a litigation hold is to determine the point at which it's necessary to institute a hold
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 - Seriously, as a large manufacturing firm, we can't use "receipt of a complaint" as our trigger for a hold because less than one percent of the those become anything resembling legal action. But we did put substantial time and effort into figuring out WHEN a hold is appropriate. Everyone should
These are still very real issues that are surfacing even more rapidly as legislation and regulatory changes take hold, discovery challenges are presented in times of litigation and audit and the explosion of content filling corporate digital landfills makes delivery of the right information to the right people at the right time a monumental task
Over the Holidays, I was often asked what I think the future holds for us and thought I would share my prediction with you this very day
Imagine a time where as a community of interest, you can hold an event in a virtual world, and get to shake hands as you would in person
Provide mechanisms to search for relevant ESI and place it on litigation hold, culling it to package all that is required for court cases
The legal group issues data preservation orders (legal holds) to custodians. Records Managers define taxonomies, fileplans and retention schedules, and task the business to abide by them. Business functions have more important things to do (like… keeping the business running) and, frankly, don’t have much appetite for understanding, let alone complying with, either legal hold orders or retention schedules
2 Comments - no search term matches found in comments.
After his undergraduate studies, Frank went on to earn a Juris Doctor from Fordham University School of Law in New York City and is admitted to practice law in New York and Idaho. Frank also holds the Information Governance Professional certification
Workflow, data identification and collection technologies are what is needed for the legal hold, identification and collection process
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