Objective: Develop consistent legal hold and release processes that reduce spoliation risk, potential sanctions and legal hold costs in a defensible manner.
Challenge: Organizations often have very little time to identify and preserve potentially relevant information once they have a triggering event. Without proactive steps it becomes near impossible to properly target information for preservation often leading to either risky spoliation or costly over preservation.
Solution: Our team will work with you to identify areas of risk in your current processes and develop methods for addressing those risks and ensuring that your organization can quickly and accurately respond to new matters.
Objective: How do we get the right information from our custodians at the right time in order to give the organization the actionable intelligence that is critical at the outset of a new matter.
Challenge: Knowing the relevant facts about a matter are critical to achieving an optimal outcome. Unfortunately much of these facts and/or details leading to these facts are locked in the minds of your custodians, without which an organization has very little way of effectively resolving a matter.
Solution: We work with our clients to identify common litigation and regulatory scenarios in order to craft strategies to ensure you are able to get the right information at the right time from your custodians.
Technical Witness Preparation [30(b)(6) Witness]
Objective: Ensuring that your organization has internal experts who when necessary can discuss the internal workings of your IT processes and infrastructure.
Challenge: Recently technical issues around discovery are supplanting more substantive issues in a case. An adverse inference instruction over an improperly preserved hard drive could effectively win your opponents case. That is why it is critical to have a 30(b)(6) witness who when necessary can answer question in response to a detailed inquiry into a corporation’s information management and retrieval systems.
Solution: Our team will help you select and educate an appropriate expert either internally or through the selection of an outside expert.