An interesting article looking at how e-Discovery workflows are having to adapt based on current working environments. The team at BakerHostetler looks at some of the key challenges such as litigation holds, custodial interviews, remote collections, off-site reviews and data confidentiality.
These issues will probably resonate with a lot of people in the industry. Luckily post processes within the discovery workflow adapt fairly well and easily to a remote working environment.
In terms of the remote collections, it is necessary to work more closely with custodians, IT support or the person with custody of the device, providing clear and concise instructions on how to make the remote collection runs seamlessly from start to finish. Some considerations to performing remote collections might include:
- Cooperation is required from the person with custody of the device;
- Additional time is required to set the device up with optimum settings and conditions for remote collection;
- Bespoke software may be required at an additional cost; and
- An internet connection with remote access is required.
The other important aspect here is security in a remote working environment. As well as protecting hard copy materials securely, cyber security measures must all be considered, including:
- VPN technology: Consider limiting access to company systems holding sensitive information when connected to public Wi-Fi or unknown networks.
- Surge in social engineering attacks: It is important to remind employees to safeguard company information.
- Use of personal devices: As employees bring work devices (e.g. laptop, external hdd, USB stick etc.) home, these should not be connected or shared with personal devices or be used by anyone else at home.
- Policy and procedures: If you have not already reviewed it recently then this is the time to review your current IT, information security policy and business continuity plans to determine if there are established guidelines and secure technology to enable remote working without business interruption.
- Protect your home network: Most broadband providers offer some security controls (e.g. firewall, anti-virus, web filtering) to protect home network; enable them. Take this opportunity to update personal device operating systems (e.g. Smart TV, pc, laptops, IOT) to latest software patches, and security configurations.
If you would like to know more please feel free to reach out to me.
As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice of e-discovery may already be well suited to remote work given the advanced evolution of technologies available to address challenges, below are five key areas to address in the current COVID-19 environment.