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Legal Hold Software: Adventures Beyond Litigation

legal hold software

We’ve often thought about ways that our TotalDiscovery legal hold software can be used to “discover” other important information within an organization. Apparently, we weren’t the only ones thinking about that, as several of our clients already have figured out ways to do just that.  Here are two stories that show how clients are using TotalDiscovery legal hold software to address more than just their eDiscovery needs:  

The first story is about a manufacturing company that is utilizing the BIA TotalDiscovery solution to solve its IT Department’s need to create and maintain an accurate and comprehensive picture of their enterprise’s digital footprint.   Realizing the flexibility of leveraging the solution’s Custodian Questionnaire feature, they quickly developed a process to routinely ask employees about their use of computers, mobile devices, social media, mobile apps, cloud storage and more, as well as what information is being stored in those applications, who authorized the use of each resource, and so on.  In a short period, the company completed an amazingly detailed mapping of their corporate digital footprint that was more accurate and comprehensive than any prior effort – especially since it included digital resources outside the corporate firewall.  By routinely issuing the questionnaire, IT can now ensure they continue to be informed about and help control the use of, devices and resources of all types. 

In the client’s own words: “Using BIA legal technology permits me to present a customized set of questions to various groups within my organization such as HR, development, client relations and so forth, and provides me with a detailed report for each question asked so that I can clearly understand what is being used, what is being stored there and who is doing it.  The end result is that I will be able to use the information with my IT department to create and then enforce a policy regarding the use of non-company resources.” 


The second story is about a financial company that is utilizing the BIA legal hold software to distribute and track updates to its Human Resources and other corporate policies.  After a few weeks of using the native Legal Hold software base notification features, the company realized that the system’s customizable notices and workflow could also be used to easily and neatly handle many of their other legal notice requirements.   

For example, anytime the company needs to update employees on a new corporate policy (like introducing a BYOD policy) or update any existing HR policies (like a revision to PTO policies), they now simply go into the “Human Resources” matter they created, add the notice, and in a few minutes, send it out to all employees – or even a subset selected automatically by their department, location or other characteristics.  And when a new employee joins, sending them the most recent versions of various policies is reduced to mere seconds.

They were especially pleased that they now had an easy way to require employees to acknowledge those notices when appropriate, just like they would legal hold notices, complete with automatic reminder notices and escalation notices.  Not only does that help ensure that employees are more likely to review those policies, but more importantly, they now have an excellent audit trail – especially for mission-critical notices. 

Barry Schwartz, Esq., CEDS

Barry Schwartz, Esq., CEDS

Barry Schwartz, Esq., CEDS leads the advisory services group at BIA using his 25 years of experience as a litigator and consulting expert witness. As a client-facing senior advisor, he assists clients in a wide variety of areas including litigation and discovery, data retention & management, document review, regulatory compliance, privacy and cybersecurity.