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Make Your eDiscovery Process Pandemic and Recession-Ready

7 Steps to Make Your eDiscovery Process Pandemic and Recession-Ready

Are your eDiscovery processes pandemic and recession-ready? Are coronavirus-related cutbacks shrinking litigation budgets and forcing you to do more with less? Looking for ways to lower your eDiscovery spending in good times and bad?

Join us for our webinar about how to make your eDiscovery processes pandemic- and recession-ready. We’ll be discussing how you can leverage technological advances and improved workflows to save time and money, preparing your organization for whatever comes next.

Learn how today’s eDiscovery tools are particularly well-suited for this moment in time, and how they’ll continue to be effective in the future:

  • Establish a Standard eDiscovery Business Process
  • Centralize Your eDiscovery Processes
  • Leverage Custodian Questionnaires
  • Use Remote Data Collections
  • Use Targeted Data Collection Methods
  • Leverage Data Processing & Early Analytics
  • Utilize the Power of Machine Learning Technology

Webinar Speakers

Watch the Webinar

Webinar Q&A Session

When is the best time to issue a custodian questionnaire?

While some clients will issue at least a preliminary custodian questionnaire at the same time as their legal hold notice (many software solutions enable that), most often we see clients wait a bit after the initial legal hold notice is sent out, to allow more time to develop a truly effective custodian questionnaire. That said, custodian questionnaires are by no means a one-time event.  While you don’t want to inundate your custodians with new questionnaires every week, as the case develops and the need presents, you can always issue additional focused questionnaires to the entire custodian group or a subset as needed.  Remember: custodian questionnaires are an excellent way to gather case facts and other information, so don’t be afraid to use them whenever you need to gather such information.

Who should be on the eDiscovery steering committee?

This was discussed in the first part of the webinar, so you might want to view that portion as well.  That said, you should include internal resources (an executive sponsor, IT, HR and Legal as available), your outside counsel and your preferred vendor.  It’s important that you include all of the people who normally would be involved in an eDiscovery process, otherwise, your plan will fall short of being truly comprehensive.

You mention creating a written eDiscovery plan; does BIA offer this service and can you share a sample?

Yes, we do.  If you would like to discuss this further, please contact us and we’ll be happy to show you a sample of the plan.

When should we image computers as opposed to collecting live data?

We recommend that you only make forensic images of hard drives or other data sources in cases of potentially criminal acts, employee theft, certain human resources complaints, and cases where you suspect that a given custodian may have tried to destroy data.  Essentially, only do it in those cases that require a deep-dive investigation into the activities of that custodian on that computer. For most civil matters, collecting the live data will absolutely fulfill your obligations.

What’s the advantage of imaging a HDD, if imaging and live data collection are both forensically sound?

By imaging a hard drive, you can do a comprehensive forensic investigation of the custodian’s activities, as well as potentially recover deleted data. An image will preserve all of the system files, logging, event records, registry settings, browser histories and the like.  So, for example, if you are investigating a possible employee data theft, a forensic image will allow you to determine what external media devices were recently attached to that computer (i.e. USB thumb drives or external drives where data may have been copied to as a way to steal that data).  You can also reconstruct a user’s activity through a blend of event tracing, log reviews, registry settings, browser history review and more.  Essentially, the forensic image gives you the ability to see *how* a custodian used their computer, which is not usually subject of most civil litigations.

In addition to the legal industry, what other industries use eDiscovery?

Most Discovery is eDiscovery, so any industry faced with litigation is likely to encounter eDiscovery and will need proper tools and solutions to handle it. But again, the benefits of having the right eDiscovery tools extend far beyond their usefulness in litigation. Over the years, we have helped the legal departments inside corporations use eDiscovery technologies for a number of other functions.  For example, customers have leveraged their legal hold notice software to also track other important legal and corporate notices such as HR Manual updates, Security/IT notices, Corporate Policy changes and more.  Anywhere you would like to have a full record of who received a given notice or information circular (and even have the ability for the recipient to acknowledge those notices), you could leverage your legal hold solution for those purposes very easily.  Similarly, we’ve helped clients use their Custodian Questionnaire software (usually a part of a legal hold software solution) for any number of confidential or important internal surveys or tests, like sending out a survey to measure employees’ knowledge on how to recognize and prevent email phishing attempts.  One client used it to gather feedback on their benefits programs during their annual renewal efforts.  Anytime you’d like to either better understand your employees’ knowledge on a given subject or gather their thoughts on a particular topic, you could leverage the Custodian Questionnaire solutions for that too.  We’ve also helped customers utilize data collection solutions not just for litigations, but for their exiting employee processes, remote system gatherings and the like.  We’ve even seen companies utilize machine learning (TAR) and analytics solutions for such things as tagging documents for retention categorizations and more.  The tools used in eDiscovery are powerful data-capturing, handling and analytic solutions, and you can put them to good use outside of litigation as well. Using these tools to answer everyday needs is a great way to leverage your legal spend across more than just your legal matters and internal investigations.