eDiscovery Productions in Business Productivity Suites: Truly End-to-End?

By |2020-11-03T19:58:54+00:00November 2nd, 2020|Categories: eDiscovery|Tags: , , , , , |

I work with many clients that implement cloud-based messaging and storage systems like Microsoft 365 (M365) and Google Workspace to manage their enterprise. I’m a proponent of moving enterprise systems to the cloud and generally encourage IT organizations to consider all manner of cloud solutions. Legal hold and eDiscovery needs are often secondary (or tertiary or not even considered) in the decision to move messaging and storage to the cloud especially when an organization is not regularly dealing with eDiscovery or data subject access requests (DSAR). Do these tools help enable an “End-to-End” eDiscovery workflow? My definition of an “End-to-End” eDiscovery solution starts with legal hold, data identification, data processing, data review, data search (basic and advanced), and data productions. Based on that definition my answer is no specifically because data productions require additional tools to meet the typical production obligations. Both M365 and Google Workspace have functionality to support legal hold, eDiscovery and data compliance at the tenant level. That equates to using the native index to search for responsive users and content which does not include non-indexable data. eDiscovery in M365 and Google Workspace were built as data triage tools to reduce the amount of information going into the expensive review process. The functionality to support that triage process is powerful with both tools in the hands of a practitioner that understands the nuances of the data workflow in these technologies. Producing data to requesting parties will require additional steps and/or technology depending on the requirements for the production. Production formats vary from case to case, but it is common to have a production specification for TIFF or PDF with native spreadsheet along with a load file. This is important especially with when markings (e.g. Bates stamp, etc.) or redactions [...]

Back to Basics (Part 2): Embracing Change Management

By |2020-10-07T16:07:46+00:00October 7th, 2020|Categories: eDiscovery|Tags: , , , |

In my previous article, Back to Basics – Part 1: The Importance of the eDiscovery Process Review, we discussed the importance of continually evaluating processes in a world of constant change specifically around people movement and data movement. In this article, we’ll examine technology on-boarding and dealing with upstream data as well as provide some best practices for your eDiscovery program. Technology Onboarding According to Go-Globe, 85% of people prefer native mobile applications to mobile websites because of the enhanced user experience which is why many companies are developing in-house technologies designed for mobile use. However, it can be difficult for new users to intuitively know how to navigate a new application which can significantly hinder adoption and the lose control of the underlying data. Organizations should emphasize technology onboarding as part of their roll-out process so that their employees get familiar with the new technology and use it. The underlying reason we wanted new technology to be onboarded and used properly is to ensure the data is managed to the appropriate policy. As part of rolling out any new technology is considering how the data will be onboarded to the appropriate compliance archive. Data ingestion processes are created to capture the application data as it is known today. However, applications change over time, especially by adding or retiring functionality, and there is a major risk that new data may not be captured properly, or the old data may be corrupted. Some of the critical features of a defensible archiving solution include: An audit log to track all actions taken by users to help ensure regulatory compliance Tags and comment features to record process flow The ability to automate the classification of data Backup and disaster recovery that provides multiple layers of [...]

Back to Basics (Part 1): The Importance of eDiscovery Process Review

By |2020-10-07T14:36:55+00:00September 29th, 2020|Categories: eDiscovery|Tags: , , , |

The past 5 years of my career were spent in-house at Deutsche Bank as part of the eDiscovery technology team, and now that I have my own advisory practice, I can share my thoughts, advice, and opinions more freely. This article is based in my belief that focusing on the basics will keep your eDiscovery program on the right path regardless of the size and type of organization. Why Back to Basics? We all know that eDiscovery is the process of identifying, collecting, searching, reviewing, and producing electronic documents during the discovery phase of litigation. The same methods apply to regulatory requests, investigations, or other data requests that could, in the future, move to litigation. Although organizations spend a significant amount of time creating their eDiscovery processes—working with the legal, compliance, and technology departments—they do not always review and update the procedures for technology changes. In my experience working in-house, it is essential to integrate eDiscovery practices with your organization’s change management process to avoid technology changes that could impact your eDiscovery effort today or in the future. Below are some key basic areas that I always keep an eye on for our clients when discussing change management and process review. People Movement People move, but their data may or may not go with them. As part of that process, organizations need to identify people that move to a different geographic location. It is important to track people, their responses to a litigation hold, reminding custodians of their hold responsibilities, and having a plan for dealing with custodians that have moved is all part of having a defensible legal hold process. If you have employees moving to a country like Switzerland or France, you need to be aware of policies that inhibit [...]