An interesting article by Da'Net Sturdifen and John Davis on how to mitigate some of the eDiscovery risks companies are and will continue to face during increased remote working. Remote working, by all accounts, has worked surprisingly well, allowing many people to continue to work even though offices have been shut down. This is a trend that looks to continue even as restrictions lift, as both companies and employees see the benefits of it.
From an eDiscovery perspective, there are new challenges that have to be managed due to different working habits, different systems being used and simply by the fact that not everyone is in one place. Although there are tools available that can assist with this from a pure technology perspective - something also that is working very well in the current conditions - it is important to get other processes correct as well.
This article looks into the three C's: collaboration, communication and compliance; to help businesses deal with these challenges. All of which play an important role in ensuring the successful preparation for and execution of an eDiscovery exercise.
As the authors neatly sum up at the end of the article: "the widespread shift to remote work environments [has] changed circumstances that IT and legal departments should address in providing defensible policies and procedures to secure and preserve company data." It is one thing to introduce these technologies to allow people to work, but you need to be prepared to also deal with them in an eDiscovery situation.
three key steps to mitigate potential preservation and spoliation risks occasioned by the shift to remote work environments. Collaboration between IT and Legal Departments regarding technology/platform usage policies and protocols for document preservation, retention policies and litigation hold notices. Communication with employees regarding approved, and prohibited, locations and platforms to communicate, create, save, and share company-specific information and documentation. Compliance monitoring for remote employees regarding retention and preservation of data and legal holds. Implementing the “Three Cs” will aid companies in avoiding discovery hurdles in the future.