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» eDiscovery & eDocument preservation
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» Building an in-house eDiscovery team
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» Enforcing an arbitration award

Why have an eDiscovery team?

When litigation occurs, or is imminent, it is fairly easy for a party to collate hard-copy documents that are related to the dispute.

However, the collation of electronic documents (eDocuments) or Electronically Stored Information (ESI) often proves more difficult.

Unlike hard copy documents that are usually located in arch files or filing cabinets, eDocuments can reside in a myriad of locations (e.g. computer hard drives, thumbdrives, servers, back-up tapes, DVDs, CDs and even in the 'Cloud') which may in turn involve a whole list of personnel i.e. the owners of all that media.

An in-house corporate eDiscovery team is therefore very useful when collating eDocuments / ESI.

Who should be in the corporate eDiscovery team?

A corporate eDiscovery team should comprise, at bare minimum, the following persons:
  • In-house Legal Counsel To provide legal advice on what information will be relevant to a specific dispute.
  • Human Resource Manager To provide input on which personnel within the corporation have the above information relevant to the dispute.
  • Chief Information Officer / Head of Information Technology To provide input on how to retrieve the information from the persons mentioned above.
  • Senior Management representative To give legitimacy to the team and to provide the authority to the team, in order for it to carry out its function, unhindered.
Functions of an eDiscovery team

The eDiscovery team advises / assists a corporation by :
  • Suggesting efficient / improvements on ESI / eDocument storage, management and retrieval both for business purposes and for when litigation occurs.
  • Writing an eDiscovery reference manual setting out
    • The company's data / information map i.e. where ESI can be found
    • The composition of the eDiscovery team
    • Each person's specific role in eDiscovery team
  • Promulgating and enforcing a consistent corporate position on data retention
  • Scoping and implementing litigation holds in line with the latest applicable law e.g. triggering events, best practices
  • Selecting and implementing litigation hold tracking software
  • Liaising with external lawyers on the eDiscovery process
  • Signing-off on the eDiscovery process e.g. making an affidavit verifying that all relevant documents have disclosed
More information

To obtain further information on how to form your corporate eDiscovery Team and adopt Best Practices for eDiscovery and eDocument management, please contact us by clicking here.

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