Creating a Defensible Discovery & Litigation Hold Plan
A defensible litigation hold requires an understanding of the client’s infrastructure and flow of data throughout the environment, its users and the technical devices that allow that to happen.
Vestige assists organizations through understanding the legal, discovery and technical issues specific to your matter. This information, combined with our extensive experience is documented to ensure that throughout the litigation the decision points and choices made (along with their justification) is transparent and documented. This information becomes an invaluable tool for the litigation and is available immediately and throughout the litigation.
Sources of Discoverable Information
The first step in any discovery production is to properly identify sources of discoverable information (i.e. data sources that contain relevant information or information that may reasonably lead to the discovery of admissible Defensible Preservation Plan: It’s Like Insurance for eDiscovery evidence). In the average organization’s technology infrastructure there are many sources of relevant data. Unfortunately, to the untrained individual, locating these sources of data, recognizing the usefulness of each and properly preserving and collecting the evidence can be a difficult, if not impossible, task.
Vestige specializes in understanding the technical sources of data. Our expertise in bridging the gap between what is needed on the legal front and what is available on the technical front provides assurance that any and all relevant data sources will be preserved and analyzed.
More specifically, the law does not intend for the preservation and production to be “perfect”; rather, it seeks to ensure fairness (to all sides) and reasonableness. Defensibility is the key today!
Vestige’s Defensible Preservation Plan keeps the attorney and the client out of trouble because it expertly identifies and defines the relevant electronic evidence and simultaneously preserves and collects that evidence in a manner that isn’t typically challenged as it exceeds today’s standards in use by most parties involved in litigation.
This is a collaborative process between Vestige’s Digital Experts, the client’s legal team, the client’s Information Technology Department, and the custodians. Vestige takes control and responsibility for properly identifying, preserving, collecting, and documenting not only what evidence ought to be preserved, but also the facts that support those decisions.
A Thorough Defensible Preservation Plan includes:
- Understanding the organization’s IT infrastructure
- Exploring and identifying the sources of relevant data in use by the organization as a whole and individual contributors and key players in the litigation
- Technical and legal advice on what needs to be preserved as well as the most effective and cost-efficient means for doing so an air-tight, defensible written plan that ensures that the right data is collected in the right way defended by Vestige’s Electronic Evidence Experts.
Clients that engage Vestige to perform a Defensible Preservation Plan avoid challenges to the efficacy of their identification and preservation of digital evidence.