Posts Tagged ‘legal hold’

Canada’s Information Retention Gap

Friday, August 13th, 2010

gap

Ledjit minds the gap. And bridges it!

Symantec recently released the results of its 2010 Information Management Health Check Survey. The survey reached the legal and IT management departments of 1680 enterprises in 26 countries. It sought to identify the best (and worst) practices in the field. One hundred Canadian companies took part in the exercise. Unfortunately, the results reveal that Canadian companies suffer a serious gap. On a worldwide basis, 87% of the participants were aware that a proper information retention plan will help them delete unnecessary information, but only 46% do have such a retention plan. Costs and responsibility attribution are cited by both IT and legal departments as the main reasons why no plan is put in place. Further reasons identified, by IT, are the lack of a need for a plan and, by legal, the lack of expertise. This gap is even wider – one of the largest, according to the study – in Canada. Although a similar proportion of the companies (80%) recognized the utility of an information retention plan, only 15% had a plan in place (yep, in bold and italics!). While the first figure is, in a sense, reassuring, the gap between those who took action and those who haven’t yet means only one thing: the next step is stepping in. The other findings of the study (PDF) relating to over-retention, improper legal hold, backup, recovery and archive practices all point in the direction of a set of consequences:

“First, high storage costs. Studies show that storage costs continue to skyrocket as over retention has created an environment where it is now 1,500 times more expensive to review data than it is to store it. And it is not just the raw cost of tape stock and hard disks, but the higher costs of managing such massive stores. Second, backup windows are bursting at the seams. It is becoming increasingly common to hear of weekend backups taking more than a single weekend. Recovery times are even worse. The time it takes to restore such massive backups will bring any disaster recovery program to its knees. Finally, with the massive amounts of information stored on difficult-to-access backup tapes, eDiscovery has become a lengthy, inefficient and costly exercise.”

While these consequences are serious, so are the short-to-middle-terms benefits of the remedy. It would be a missed opportunity not to remind you that Ledjit is Bridging the gap between IT and the law!

How many steps in the ladder of legal hold defensibility?

Friday, July 30th, 2010

According to the title of John J. Isaza, Esq. and John Jablonski, Esq. new book on legal holds which is available at ARMA Bookstore: 7

7 Steps for Legal Holds of ESI and Other Documents is described as a practical book, an “how-to guide describing step-by-step a best practice process for identifying trigger events and implementing a litigation hold. It provides a straightforward description of why the law requires preservation, the scope of preservation, and practical tips on how to preserve records in an acceptable manner.”

The book covers topics such as:

  • What Is a Legal Hold?
  • Different Types of Holds
  • Preservation Orders
  • Legally Defensible Process
  • Difficult Legal Hold Issues
  • Assessing Readiness
  • Identifying Trigger Events
  • Statutory or Regulatory Obligations to Preserve
  • Duty Arising from Potential or Threatened Litigation or Investigation
  • Duty Created by Preservation Letters from Opposing Counsel or Agency
  • Duty Arising from Service of a Complaint, Civil Discovery Statutes, Discovery Requests, and Court Orders
  • Legal Hold Scoping
  • Legal Hold Implementation Methodology
  • Legal Hold Enforcement
  • Lifting a Legal Hold

This legal hold bible also includes a self-analysis checklist, a flow chart describing the process for implementing a litigation hold and case law citations supporting this best practices process.