Avoiding the electronic discovery trap

With e-mail dramatically increasing the sheer volume of electronic information stored and disseminated on a daily basis, your organization can ill-afford the consequences of not being prepared to deal with the evolving legal landscape of electronic discovery.

Business organizations should consider the following steps in order to avoid the potential perils of electronic discovery:

1. Establish a written, comprehensive record retention and destruction policy.

2. Develop a preservation/litigation hold policy. A comprehensive litigation hold policy must effectively advise employees of their obligation to preserve records relevant to anticipated litigation.

3. Create a litigation hold team. Team members may include people from the legal department, (including outside counsel to oversee compliance), a paralegal or project manager responsible for day-to-day supervision of the collection and production of electronic discovery materials, a records management person, senior management, and a member of the IT department (who may assist counsel in gaining familiarity with your retention policies and data preservation architecture).

4. Identify all sources of potentially relevant information.

5. Continually follow up and improve items 1, 2 and 3.

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This blog is run by the authors of FindProtected.
FindProtected is a security program that allows you to search your network for password protected and evidential files. FindProtected makes it easier to discover electronic evidence that may be used in litigation.

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