The duty to preserve and disclose electronically stored information (ESI) is often triggered by a judicial order, a discovery request, or knowledge of a pending or future legal preceding that is likely to require gaining access to the ESI. Determining what data is required for the matter, and then finding that data’s location across networks and archives, is a large, but not insurmountable challenge for legal and IT departments, especially if pro-active planning is incorporated. The scope of data to be preserved or disclosed is determined by the subject matter of the dispute, and the law and procedural rules that a court or other authority will ultimately apply to resolve the dispute. In general, all data is potentially discoverable if it is relevant to the disputed transaction. Failure to preserve or disclose discoverable data may result in serious penalties.

Once this triggering event occurs, a “reasonable anticipation of litigation” is established. At this point, it is necessary to properly identify and document the location of all potentially relevant information.

CSI eDiscovery Consultants assist during this stage. We assist in minimizing risk by providing direction and guidance through the diligent steps necessary to identify all potentially discoverable data that exists and is in your possession. The proper protocol determines what should be in your possession and what is relevant.