主页
所有资源
Consilio 高阶学院

ED102 – In the Beginning: Identification and Preservation Fundamentals

Written by admin

Updated: Sep 29, 2022

Authors

Matthew Verga, Esq.

Director of Education

About Author

Matthew Verga is an attorney, consultant, and eDiscovery expert proficient at leveraging his legal experience, his technical knowledge, and his communication skills to make complex eDiscovery topics accessible to diverse audiences. A fifteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level, from the project trenches to enterprise program design. As Director of Education for Consilio, he leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.

More from the author

Summary

Identification and preservation are the first and most fundamental phases of an electronic discovery effort.  The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.  Essentially, if courts exist to make determinations about disputed facts, and if the trier of fact must make those determinations using the available evidence, then no litigant should be allowed to gain advantage in those determinations by hiding or destroying relevant evidence before the trier of fact can consider it.

As we will see in numerous contexts, ESI spoliation remains a frequent issue – particularly in the gray area where new devices, applications, or services are transitioning from niche adoption to mainstream use.  Hence the importance of these phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.  In this free Practice Guide, Consilio Director of Education Matthew Verga, Esq., reviews the fundamentals practitioners need to know about identification and preservation to fulfill this duty.

In this Practice Guide

  • Triggers and Applicable Rules
  • The Role of Legal Holds
  • Common Pitfalls

Key Insights

  • The Very Broad Potential Scope
  • The Importance of Imagination and Investigation
  • Key Steps Beyond Legal Holds

Summary

Identification and preservation are the first and most fundamental phases of an electronic discovery effort.  The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.  Essentially, if courts exist to make determinations about disputed facts, and if the trier of fact must make those determinations using the available evidence, then no litigant should be allowed to gain advantage in those determinations by hiding or destroying relevant evidence before the trier of fact can consider it.

As we will see in numerous contexts, ESI spoliation remains a frequent issue – particularly in the gray area where new devices, applications, or services are transitioning from niche adoption to mainstream use.  Hence the importance of these phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.  In this free Practice Guide, Consilio Director of Education Matthew Verga, Esq., reviews the fundamentals practitioners need to know about identification and preservation to fulfill this duty.

In this Practice Guide

  • Triggers and Applicable Rules
  • The Role of Legal Holds
  • Common Pitfalls

Key Insights

  • The Very Broad Potential Scope
  • The Importance of Imagination and Investigation
  • Key Steps Beyond Legal Holds

Fill out the form below to download the complete insight.

Comoros
Congo
Congo, the Democratic Republic of the
Cook Islands
Costa Rica
Croatia
Cuba
Curaçao
Cyprus
Czech Republic
Côte d'Ivoire
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands (Malvinas)
Faroe Islands
Fiji
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Sign up for Consilio updates

不管怎么样,我们都很友善,祝你好运。在悲惨的情绪中,人们对各种各样的恐惧感情有独钟的感觉。
谢谢!您提交的内容已收到!
单击 “注册” 即表示您确认您同意我们的 隐私政策
哎哟!提交表单时出了点问题。