Litigation Holds
During the identification process, potential custodians are interviewed to determine if they are in possession of relevant documents or data. These interviews in turn may lead to the identification of other key players or possible locations of relevant data. Review the litigation hold letter throughout the identification and collection process to ensure it references any newly identified personnel, locations, relevant time periods, etc. discovered during the interview process. It is imperative that all personnel are informed of the importance of the litigation hold, how it should be addressed and who to contact in the event they have questions. Consequences for not adhering to the litigation hold requirements should be discussed with and acknowledged by each person receiving the notice.
By the same token, if a meet and confer was held, details such as the scope of the requests, timing to comply, method of production and cost considerations should be worked out. Become familiar with these agreements and keep them in mind throughout the identification process.
Identification Categories
Triggering Event
The duty to preserve and disclose data may be triggered by a judicial order, a discovery
request, or mere knowledge of a pending or future legal proceeding likely to require the data.
Casting a Broad Net
Learning the location of potentially discoverable data is the prerequisite to analyzing
if and how it should be preserved, collected, and reviewed.
Steps in Determining the Scope of Responsive Data
Planning is one of the most important parts of the e-discovery process and should include
outside counsel, inside counsel, corporate information technology personnel and possibly
an electronic evidence consultant.