Interest Groups

Create a Successful Preservation Strategy - E-Discovery, Information Governance & Cyber Security Section News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

E-Discovery, Information Governance & Cyber Security Section News


Posted on: Jul 24, 2018

From QDiscovery:

By Helen Geib, QDiscovery

Preservation in eDiscovery is at the intersection of law, technology and strategy. It must fulfill the party’s legal duty. It should be technologically feasible and cost-effective. And it offers the best return on investment when it is treated as part of – not apart from – the litigation plan.

Parties to a dispute have a legal duty to preserve relevant information. The duty attaches when litigation is known or reasonably anticipated. Preservation applies to file content and metadata. The legal duty extends to physical evidence and paper files as well as electronically stored information (ESI), but ESI rightfully gets the lion’s share of the attention. Electronic data is both far more voluminous and far more challenging.

As a precursor step, the identification process is used to determine what ESI needs to be preserved. (Read my three-part series blog series on identification, beginning with this overview of the purpose and process of identification.) The question at the preservation stage is how to ensure that relevant data is not lost, destroyed or altered.

Read more.

If you would like to submit content or write an article for the E-Discovery, Information Governance & Cybersecurity Section, please email Kara Sikorski at ksikorski@indybar.org.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)