maximizing evidence preservation potential
TRANSCRIPT
Maximizing Evidence Preservation Potential
and Minimizing Spoliation Risks
Duty to preserveBest preservation
practicesReducing spoliation risksComputer forensics
As soon as litigation is reasonably anticipated, parties must consider their obligation to take reasonable and good faith steps to preserve potentially relevant electronically stored information.
As soon as litigation is reasonably anticipated, parties must consider their obligation to take reasonable and good faith steps to preserve potentially relevant electronically stored information.
As soon as litigation is reasonably anticipated, parties must consider their obligation to take reasonable and good faith steps to preserve potentially relevant electronically stored information.
As soon as litigation is reasonably anticipated, parties must consider their obligation to take reasonable and good faith steps to preserve potentially relevant electronically stored information.
Customer service Simple letter from client Letter of formal demand Internal investigation Newspaper articles/studies Motion for certification
Quickly Not perfectlyNature of
ESI and related processesOrganizationsHuman being
Not the bestBalanced against right to manage ESI in a commercially reasonable mannerNotice to custodians, including IT
RepeatedStop automatic destructionPreservation media
Know, or reasonably should knowScope
Early assessmentConsider future discovery
demandsBackup tapesLegacy systems and media
Be litigation readyDocument retention policy should include litigation holdDiscovery response planTeam in placeEducate
Plan and strategize earlyStop destructionTrackMeet and confer frequently
Relative relevancyProportionality
“In place” preservation vs Collection-Preservation
Defendable approach for preservationRemind and AuditBackupEncryptDon’t work from “originals”Choose the right media
