Maximizing Evidence Preservation Potential

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  • 1. Maximizing Evidence Preservation Potential and Minimizing Spoliation Risks

2. Duty to preserve Best preservation practices Reducing spoliation risks Computer forensics 3. 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. 4. 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. 5. 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. 6. 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. 7. Customer service Simple letter from client Letter of formal demand Internal investigation Newspaper articles/studies Motion for certification 8. Quickly Not perfectly Nature of ESI and related processes Organizations Human being 9. Not the best Balanced against right to manage ESI in a commercially reasonable manner Notice to custodians, including IT Repeated Stop automatic destruction Preservation media 10. Know, or reasonably should know Scope Early assessment Consider future discovery demands Backup tapes Legacy systems and media 11. Be litigation ready Document retention policy should include litigation hold Discovery response plan Team in place Educate Plan and strategize early Stop destruction Track Meet and confer frequently Relative relevancy Proportionality In place preservation vs Collection-Preservation 12. Defendable approach for preservation Remind and Audit Backup Encrypt Dont work from originals Choose the right media 13. Dominic Jaar djaar@ledjit.com 514.212.9348 www.ledjit.com