Published: January 23, 2016
Collecting data is central to any form of investigation, and an integral part of the litigation/dispute process. Too often companies dispatch this task to junior staff who typically lack the awareness of the processes that should be followed, or worse still, directly to custodians. Either of those scenarios suffers the same issue – a lack of appropriate knowledge of the necessary process to ensure defensibility, repeatability, and integrity of the data. Failure to follow these now-expected legal collection processes can lead to charges of spoliation, or worse, sanctions. The guidelines below are simple to follow. We at LTPI are aware of numerous commercial tools that can be leveraged and have instead opted for a simple low cost strategy that can be followed by any entity, large or small.
This is a brief overview of the topic. LTPI is currently working on a more comprehensive offering that should be available in early 2016.