Digital White Papers

Litigation and Practice Support — May 2015

publication of the International Legal Technology Association

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ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG 37 MODERNIZING LEGAL HOLD PROCESS MANAGEMENT During a legal hold, all information potentially relevant to a legal matter must be preserved until the resolution of the matter. To comply with that duty and to minimize the inherent risks of litigation — including potential damage to reputation — organizations must manage information more efficiently. In addition to adopting well-crafted policies and procedures, modernizing the legal hold process requires the integration of technology. Challenges: The plethora of technology solutions available to help us better manage information adds to the complexity of identifying, preserving and collecting electronically stored information (ESI). When implementing advanced technologies, organizations will encounter the following challenges: • Chaotic processes for identifying custodians and managing hold notifications • Lack of flexibility in adapting to an organization's processes • Over-preservation and over-collection • Risk of spoliation Process Improvements: As you're setting up workflows, make sure to: • Identify potential custodians • Create and manage custodian notifications and responses • Manage custodian compliance and escalation processes • Track hold statuses in a secure environment • Set periodic hold reminders (e.g., quarterly to ensure continued compliance) • Identify data sources using factual questionnaires • Manage updates to holds as cases evolve • Track changes in custodian status (locations, departments and employment status) • Manage release notifications • Maintain a defensible audit trail of the legal hold process Technology Requirements: The new technology should: • Integrate with data repositories • Integrate with matter management systems • Include enterprise-level security • Provide flexible process management, including versatile workflow options • Be capable of in-place preservation • Incorporate forensically sound collection capabilities Keeping these things in mind can help organizations modernize and better manage the legal hold process. by Matthew Levy of HP Modernizing Legal Hold Process Management

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