E-discovery Discussion. 2 Policies and Procedures Do you have a set of e-discovery policies and procedures? – Who is the lead for e-discovery efforts.

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Presentation transcript:

E-discovery Discussion

2

Policies and Procedures Do you have a set of e-discovery policies and procedures? – Who is the lead for e-discovery efforts on your campus? – Do you have a workflow for handling incidents? – Do you insource/outsource collections or analysis?

Policies and Procedures DukeNotre DameUCSF Policies/Procedures ? Yes Lead for E- Discovery? Office of CounselGeneral CounselOffice of Risk Management Workflow?Yes Source for Collection? Insource Source for Analysis?OutsourceBoth Drivers: Burden on Staff 5-10 hours 65% of the time (ND) Cost 10K outsourcing vs. 3K insourcing for collection – 1.5 FTE (UCSF) Type and volume of litigation Schools dealing with 2-3 requests/year may not require automated tools; complete litigation holds may require outside help

Data Retention Do you have a data retention policy? – – Documents – Metadata (logs, etc) How does the account lifecycle affect the above? – active employees and students – terminated employees, etc.

The Cloud and E-Discovery How has the move to the cloud changed your e-discovery policies and procedures? Do you require your cloud providers to notify you or refer law enforcement to your school for data requests?

Move to Cloud? Some considerations Information Governance — Will the provider delete data pursuant to the business’s records retention policies? Preservation — How will a litigation hold be implemented? Accessibility — How quickly can data be accessed and retrieved for the purpose of e- discovery? Format — In what format will data be stored and in what format will it be retrieved? Collection — Can targeted collections and searches of data be done? Review — How will data be accessed, searched and retrieved? Production — What file options are there for exporting data out of the cloud? Location — Where will the hardware storing the data be physically located in the world? Security — What security measures will be in place to protect against the unauthorized disclosure of data? Risk of Loss — What happens if potentially relevant data or metadata is deleted or altered? Admissibility — Will data be stored and retrieved in a way so that it can be admitted into evidence during litigation? Cost — Will the provider charge any additional costs for any measures that need to be taken to comply with e-discovery? 7

Many Thanks to… David Rusting Mike Chapple Asbed Bedrossian Charles Leonhardt