This is not the document you are looking for? Use the search form below to find more!

Report home > Technology

The Perils of Data Collection in High Stakes Litigation: Which Approach Is Right For Your Organization?

0.00 (0 votes)
Document Description
Many organizations involved in litigation, investigations, or audits struggle to meet deadlines for collecting and producing electronically stored information (ESI) from employees without breaking the budget. The biggest challenges are typically faced by large organizations with multiple offices and large numbers of employees
File Details
  • Added: April, 01st 2011
  • Reads: 195
  • Downloads: 0
  • File size: 241.94kb
  • Pages: 3
  • Tags: litigation discovery, electronic document discovery, email discovery, electronic evidence discovery
  • content preview
Submitter
Embed Code:

Add New Comment




Related Documents

Benefits of Data Centers in India

by: netmagicsolutions, 2 pages

India is emerging as the hub for data center hosting for global organizations, as call centers in India provide varied advantages in comparison to services provided by other countries. Having data ...

Data Centers in India – Utilities of Data Centers in India

by: netmagicsolutions, 2 pages

Data Centers in India had been offering quality services to its users such as enormous power voltage. The major advantage of data center services is that the power consumed can be shared by the ...

THE ROLE OF CULTURAL DISTANCE IN INTERNATIONAL NEGOTIATIONS

by: nusreta, 10 pages

This paper attempts to examine the issues surrounding the role of national culture bias and the concept of distance among Hofstede's (1980) cultural dimensions on the ability to reach integrative ...

The Significance of Green IT in the Data Center

by: hclisd, 1 pages

Essentially green IT focuses on the use of Information Technology in an efficient manner that concentrates on energy savings. Going Green can be both environmentally responsible and cost efficient ...

Data Center In Delhi: Catering To The Industrial Hub

by: netmagicsolutions, 1 pages

The establishing of data centers in Delhi has paved way for the changing industrial landscape of the capital.

THE COMPLEXITY OF INTERCULTURAL COMMUNICATION IN CROSS -CULTURAL ...

by: yesse, 19 pages

n this article an analytical frame model is presented, by means of which one can describe and understand the contents of important elements in an intercultural situation. The model accepts as fact ...

Chapter 3 : THE ROLE OF PLANT NUTRIENTS IN SMALL-GRAIN

by: sylwester, 16 pages

THE ROLE OF PLANT NUTRIENTS IN SMALL-GRAIN : SOURSOP

The Role of Web Development in Your Business

by: basheerakhan, 2 pages

The internet has transformed our lives. Ever since the 17th century and world took a turn towards industrial revolution, modernization has become the trend. It has largely influenced our ways of ...

The Four Trends Driving The Future Of Data Center Infrastructure Design And Management

by: rebeka, 12 pages

The Four Trends Driving The Future Of Data Center Infrastructure Design And Management

MONITORING THE RELATIONSHIPS BETWEEN ENVIRONMENT AND COFFEE PRODUCTION IN AGROECOSYSTEMS OF THE STATE OF MINAS GERAIS IN BRAZIL

by: shinta, 6 pages

Satellite imagery has been acknowledged as the most promising way for detailed mapping and monitoring of land agricultural use, although there are challenges that must be met in order to fulfil ...

Content Preview
E-Discovery Insights – Clearwell Systems, Inc.

The Perils of Data Collection in High Stakes Litigation:
Which Approach Is Right For Your Organization?
BY MATTHEW NELSON ON FEBRUARY 7TH, 2011
Many organizations involved in litigation, investigations, or audits struggle
to meet deadlines for collecting and producing electronically stored
information (ESI) from employees without breaking the budget. The
biggest challenges are typically faced by large organizations with multiple
offices and large numbers of employees. However, even smaller
organizations with few offices face challenges if they have remote
employees or employees who travel frequently, aka road warriors. In this
first of a two-part series, I’ll discuss when and why organizations should
choose a manual collection process. Part two will discuss the advantages
and disadvantages of two automated data collection approaches.
In each situation, the organization is faced with a request for ESI and some
portion of the potentially relevant ESI is located in remote offices or on
laptops used by road warriors. Preserving and collecting ESI across
multiple systems such as email and file servers, archival systems, Microsoft SharePoint, and personal computers can
be challenging whether these systems are located centrally or in the cloud. Common challenges include:
 Pressing deadlines
 Risk of data loss or deletion
 Failure to produce responsive data without legal justification
 Lack of information technology (IT) department resources
 Miscommunication between the IT and legal departments
These challenges are compounded for organizations with remote offices or road warriors because more coordination
and effort is inevitably required, thereby increasing expenses and the risk of failure. The key to success is
determining which data collection approach is best for your organization. First, let’s discuss the traditional manual
approach.
The Traditional Manual Approach
There are two different manual data collection approaches that organizations utilize with varying degrees of success.
Employee self-collection and IT assisted collection.
Employee Self-Collection
The various data collection approaches often begin as part of an investigation, litigation discovery, or audit that
requires the identification of employees likely to have data relevant to a particular matter. Those employees, or data
custodians as they’re called, are asked to forward or copy any relevant ESI they possess to a centralized location or
storage device where the data is stored for later analysis and review by the legal team. One problem with this
To read more visit www.clearwellsystems.com/e-discovery-blog/
1

E-Discovery Insights – Clearwell Systems, Inc.

approach is that copying files could result in metadata information such as document dates being altered. Know
more on electronic document discovery.
Another problem with this approach is that custodian’s memories fade over time and they may forget to produce
relevant ESI. Even worse, a custodian with a personal stake in the investigation may intentionally delete the very
files being requested in an effort to thwart the investigation. These scenarios could result in the organization facing
sanctions or penalties, making employee self-collection a potentially risky and costly approach in almost any situation
involving multiple custodians, offices, or large amounts of data.
IT Assisted Collections
The IT assisted collection approach is another manual approach that eliminates some of the risks associated with the
employee self-col ection method, but this approach often presents different chal enges and often leads to “over
collection” of ESI. Typically one or more employees in the IT or IT Security Department are instructed to collect data
from employees believed to have information relevant to a particular case. To avoid overlooking or losing data, the IT
resources collect data from numerous locations using computers loaded with specialized collection software. Data to
be collected from each relevant employee often resides on numerous devices including laptops, desktops, file
servers, email servers, and other sources. Know more on email discovery. Once all the data for each custodian is
collected from each data source, the data is copied and consolidated to a removable hard drive or drives where it
awaits future processing, analysis, and review by the legal department. Unfortunately for the IT department, this
entire process is repeated for every new case and often results in a significant loss of productivity.
IT assisted collections were once the norm because this process was thought to represent the most efficient and
effective way to avoid the risk of sanctions posed by the employee self-collection approach. However, this approach
is quickly falling out of vogue for two reasons:
First, IT assisted collections can increase the time, cost, and risk associated with data collection because the use of
different technology tools can be challenging. Organizations applying the IT assisted collection approach typically
rely on off-the-shelf software such as Guidance Encase, Robocopy, ExMerge, Access Data’s Forensic Toolkit (FTK)
or other tools to collect data from each relevant custodian. Frequently, different tools are utilized to collect data from
different data sources. For example, it is not uncommon for the IT department to use ExMerge to collect from
Microsoft Exchange, Robocopy to collect from file servers, Encase to collect from laptops and desktops, and even
other proprietary tools to collect data found in commonly used archives. In addition to being time consuming, utilizing
multiple tools to collect and consolidate data results in licensing, training, and maintenance costs for each product
and the risk of data loss or alteration is heightened since data collected from multiple tools must eventually be
exported and consolidated for further processing, analysis, and review. Lastly, using multiple IT staff with varying
levels of expertise to collect data arguably increases the risk of metadata being altered and complicates the ability to
maintain accurate chain of custody logs. In practice, many organizations using multiple collection tools spend
countless hours trying to manually maintain chain of custody reports using Excel spreadsheets while other
organizations simply neglect or ignore chain of custody requirements. Each of these situations virtually invites
evidentiary attacks by savvy opponents.
The second reason IT assisted collections are falling into disfavor is because the approach often results in the over
collection of data. To avoid the risk of sanctions or penalties resulting from data loss or deletion, sometimes entire
laptop and desktop hard drives are copied or “imaged” (frequently called a “forensic image”). Similarly, IT resources
are often incentivized to “copy everything” simply to avoid being forced to revisit data sources from which data has
already been partially collected in response to a new request for information.
To read more visit www.clearwellsystems.com/e-discovery-blog/
2

E-Discovery Insights – Clearwell Systems, Inc.

The IT assisted approach of forensically imaging drives can be effective in limited situations including criminal
investigations and intellectual property theft cases since these matters sometimes require the recovery and analysis
of deleted files, internet browsing history, and other non-user generated files for a discreet number of custodians.
However, since most large matters do not require this degree of data recovery for most data sources, unnecessarily
collecting data by making forensic images often results in a significant waste of time and money.
Which Approach is Right for Your Organization?
The risks and expenses associated with both manual approaches described above are often so high that
organizations sometimes decide it is economically more efficient to settle lawsuits even when the lawsuit lacks merit.
This untenable position has led many organizations to seek more efficient and repeatable methods to manage data
collection that are automated. These automated approaches will be explored in my next post.
Know more on:

Electronic evidence discovery.

Internal investigation.

To read more visit www.clearwellsystems.com/e-discovery-blog/
3

Download
The Perils of Data Collection in High Stakes Litigation: Which Approach Is Right For Your Organization?

 

 

Your download will begin in a moment.
If it doesn't, click here to try again.

Share The Perils of Data Collection in High Stakes Litigation: Which Approach Is Right For Your Organization? to:

Insert your wordpress URL:

example:

http://myblog.wordpress.com/
or
http://myblog.com/

Share The Perils of Data Collection in High Stakes Litigation: Which Approach Is Right For Your Organization? as:

From:

To:

Share The Perils of Data Collection in High Stakes Litigation: Which Approach Is Right For Your Organization?.

Enter two words as shown below. If you cannot read the words, click the refresh icon.

loading

Share The Perils of Data Collection in High Stakes Litigation: Which Approach Is Right For Your Organization? as:

Copy html code above and paste to your web page.

loading