Identification - Triggering Event

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

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. The scope of data to be preserved or disclosed is determined by the subject matter of the dispute and the law and procedural rules that a court or other authority will ultimately apply to resolve it. In general, data is potentially discoverable if it is relevant to the disputed transaction or may lead to relevant data. Failure to preserve or disclose discoverable data may result in serious penalties. To minimize this risk, diligent steps must be taken to identify all potentially discoverable data in your possession or control.

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