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legal hold
Lack of understanding where data resides can be costly
Over the years that I have been involved in the archiving and records management industry I’ve presented many times on the topic of data consolidation and in my years of talking with organizations I’ve noticed that not all organizations are aware of where data resides in their environment. Quite often many will have identified the [...]
An entire website is considered a discoverable record
In the case of Arteria Prop. Pty Ltd. v. Universal Funding V.T.O., Inc., 2008 WL 4513696 (D.N.J. Oct. 1, 2008) the court made an interesting statement in reference to how website content should be treated in litigation: The only question is whether or not the website was under the control of Defendants. This Court sees [...]
Is a Litigation Hold Email Enough?
The legal hold requirement is vastly misunderstood in my opinion. I have run into many corporate counsels that have the opinion;”I just send and email out to anyone in my company that could have responsive ESI asking them to be sure not to delete any data about the following subjects”. Then, if the delete something [...]
Effective Records Management Greatly Benefits the Legal Dept for eDiscovery
Many (but not all) corporate legal types consider ESI retention management as the legal hold process. Not a bad thought but really falls short of a true corporate definition of the term. To records managers ESI retention management refers to the systematic retention and disposition of the organizations electronic business records; either for the day [...]
A Proper Legal Hold Requires More Than Just an Email to a Few Employees
In the recent case; Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010), one of the discovery points made in the decision was what is the appropriate legal hold process to meet an organization’s legal hold responsibilities. The court determined that the defendant breached its duty to preserve by [...]
