Description

Six Critical Steps to Managing Electronically Stored Information under FRCP

From Contoural Sponsored By Hitachi Data Systems

Litigation always, has been, and will continue to be, a reality of doing business. What is changing, however, is discovery and its focus on electronically stored information (often abbreviated ESI). Recent amendments to the Federal Rules of Civil Procedure concerning the discovery of ESI coupled with the explosive growth of electronically stored documents are exposing organizations to new risks and costs during litigation and the subsequent discovery.
Under these new constraints, organizations need to be aware of these changes, and take specific steps to become litigation ready. Becoming litigation ready is about knowing what ESI you have, where you have it, and how readily you can access it. Retention policies should define defensible data expiration processes, and litigation hold procedures should enable quick and effective preservation of evidence. The best way to manage discovery is to prepare for it before litigation occurs.
Becoming litigation ready for ESI cannot be mastered by the Legal group alone. Rather it requires a joint effort between Legal and IT. This pair of white papers list six critical steps both Legal and IT can take to manage ESI.
These linked white papers provide a two-part series that covers the following six steps:


1. Create an ESI Survey Data Map
2. Update Your Records Retention and Deletion Policy- and then Execute It
3. Establish Effective Litigation Hold and Discovery Processes
4. Delete Documents that the Business Does Not Need
5. Designate and Prepare a Rule 30(b)(6) Witness
6. Audit Your Process and Periodically Refresh Your Policy