eDiscovery Insights

-Must understand fully lawyers’ requirements
-Seek clarifications and monitoring feedback to ensure staying on proper track.
-Review ops to see what info sec processes can be used for a eDiscovery response program.
-Stay proactive. Develop the capabilities, have processes in place.
-Companies are defaulting to other party as they cannot provide info, usually within 30 days.
-Have not found specific legal requirement on the manner of preserving business documents.
-Look at Rules of Evidence and Discovery in the Federal Rules of Civil Procedures. Fun Read
-ISSUE: Retention of Records
-ISSUE: Back up of Files (BCP) Do not rely on tapes for storage of hold documents.
-Tapes—the problem is that you don’t where on the tape the info can be. Can be costly to find out
-For tapes from years back, must have backward capability to restore the system to the state that existed when the tape was created, to be able to read it without affecting it.
- DEFINE the DATA to be held. All further work will depend on that definition. Make sure it is not easily misinterpreted. Do not get more or you risk fishing expeditions.
- There could be multiple litigation holds on the same data that can extend its hold for years.