As organizations seek to gain control and reduce the costs associated with e-discovery, corporate legal departments are implementing technologies and processes that enable them to preserve electronically stored information (ESI) in place. Corporate legal teams can successfully define the scope of discovery and establish a defense against sanctions through demonstrating that their policies, procedures, tools, personnel, training and communication promote sound preservation.
Some foundational tips to intelligent preservation are:
- Define repeatable processes and consistently execute them to demonstrate routine practice
- Take the time to target legal hold communications to custodians
- Automate communications and reminders to ensure regular communications regarding the duty to preserve
- Use interview templates to identify data sources and custodians
- Preserve data in place and collect only when necessary