Identification - Litigation Hold

From EDRM

Identification

Triggering Event Litigation Hold Casting a Broad Net Steps in Determining Scope of Responsive Data The Litigation Response Plan Identifying Key Witnesses and Custodians Determining Key Time Frames Keyword Lists Identifying Potentially Relevant Document Types Mapping the Client's Information Systems The Network Diagram Determining Whether Forensics Data Capture Will be Needed Determine Relevance of Backup Media, Retired Hardware and Disaster Recovery Systems Legacy Systems Offsite and Third-Party Systems Documentation Participants

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.

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