By Justin Wiser, Frost Brown Todd LLC; and Michael Daniells
On October 23, 2019, the IndyBar E-Discovery Information Governance & Cybersecurity Section sponsored a CLE titled Connecting Information Governance and E-Discovery: Building the Foundation for Mobile and E-mail Discovery. Yaniv Schiff, Director of Digital Forensics with QDiscovery, An XDD Company, and Jon Mattingly, Founder and Director with Proteus Discovery (and section executive committee member) presented forensic and practitioner perspectives on valuable e-discovery and information governance topics.
Schiff introduced several ways information governance objectives benefit e-discovery. First, information governance aims to more effectively and efficiently manage information. This means that information is quickly located and accessed, resulting in positive results for both (1) the company’s employees and operations and (2) the attorney taking on a new litigation matter (or a new client) and attempting to locate relevant material.
Second, information governance focuses on the implementation of information technology (IT) systems and processes with a focus on storage, access and security. This objective is tied to the concept of data mapping to deal with enormous volumes of data. “Data mapping is the process of creating a comprehensive and accurate inventory of a company’s information assets.”1 Schiff described data mapping as an essential precursor step to preservation and collection for e-discovery. Third, information governance principles focus on data retention and data destruction for regulatory and legal compliance.
Mattingly reviewed the legal and ethical obligations related to electronically-stored information (ESI) management. He emphasized that the competent handling of ESI, and e-discovery in general, has many dimensions. A lawyer’s duty of competence includes understanding the benefits and risks associated with relevant technology. Clients must implement defensible data management practices and litigators must understand the types of ESI used by the client and where that data resides. They must also understand when a party’s duty to preserve evidence has been triggered.
A key takeaway is the importance of not entering into an engagement with assumptions. Mattingly cautioned against assuming you know everything about the nature of the data and where the data resides. He also emphasized the importance of collaboration between the legal team and the technical experts, whether in-house IT or outside vendors.
Couldn't make it to the live program? Check out the video replay of this CLE here to learn more about data mapping and effective tips for handling technical issues you may encounter in a new case or with a new client AND before the e-discovery challenges begin. Also, remember to register for E-Discovery Day on December 13, 2019!
1 Helen Geib, Data Mapping: From Recommendation to Reality, CORPORATE COUNSEL BUSINESS JOURNAL (Oct. 29, 2018), available here.
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