FRCP Rule 37. Failure to Make Disclosures or Cooperate in Discovery: Sanctions (e) Failure to Preserve Electronically Stored Information. (f) Failure to Participate in Framing a Discovery Plan Essentially, Federal Rule 37(e) governs the requirement for competent preservation of discoverable information and ESI that may be related to the matter. Rule 37(f) addresses the need…
TERIS tightly manages an eDiscovery engagement by applying these 10 key industry-wide process steps, which help minimize the risks and exposure, while balancing the costs involved:
Once the data has been identified through appropriate data mapping techniques, and defensibly collected by a certified forensic examiner the data moves onto the next stage within the electronic data reference model (EDRM). Following collection, the data will need to be processed for electronic discovery and further review. This can include converting file types into archivable structured formats to maintaining the files in native format for review.
To understand when and where to spend money on digital forensics, it is important to understand first what you are buying, then understand when it should be used. This is a response to those questions.
Microsoft Teams has become one of the leading team collaboration tools utilized by large corporations across multiple industries. As a result, Microsoft Teams is becoming a standard request for submission during the eDiscovery process. Data and Electronically Stored Information (ESI) associated with Teams can be a valuable asset during litigation and investigations.
Finding the right eDiscovery solution can leave a lot of organizations wondering how to even begin the search. What kind of options should be considered, and which are the most important for ensuring a mutually beneficial business relationship?
In modern litigation, the process of remote forensic collections has evolved from a convenience into an integral part of the forensic collection toolkit. Remote collection gives legal teams the ability to preserve a time-capsule of data, saving future costs, and reducing the risk of downstream issues.
Sanctions around eDiscovery don’t happen often, but that doesn’t mean they don’t occur. Proper handling, preservation, & production of ESI during the discovery process should be of top concern. Through assessing your process pro-actively and continuously you are able to reduce the chance of facing any of the aforementioned issues while also streamlining your eDiscovery.
FRCP Rules 16(b) and 26(f) is in place to ensure that a discovery plan is enacted early on, if not as soon as possible and that there is communication between parties regarding the scope of discovery.