Electronic Discovery
Preservation
Preservation requires ensuring potentially relevant records are not altered or destroyed during the pendency of a lawsuit. The duty to preserve starts at the time the filing of a lawsuit is "reasonably foreseeable," and can require coordination between legal and technological fields. Issues involved in preservation include:
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Balancing the cost of preservation with efficient, routine operation of the company
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Educating and monitoring all key players and staff regarding "Do’s & Don’ts" of records management while a litigation hold is in place
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Clearly defining with opposing counsel what is considered relevant based on facts and legal issues
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Isolating files, servers, and back-up tapes to prevent spoliation
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Determining whether certain routine processes need to be suspended temporarily until collection can be made to prevent spoliation
How
Can Help
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Conduct data minimizing searches to limit the amount of information required to be preserved to the given date ranges, topics, data types, custodians, etc.
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Extract and preserve metadata until it is determined whether or not it is relevant and to be exchanged with opposing counsel
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If necessary, provide backup tape restoration, password recovery and evidence storage through our strategic partner (TrialSolutions) or a local forensic company, Avansic. This includes chain of custody documentation and forensic expert testimony if needed