Have Electronic Document Retention in Place in Time for Initial Lawsuit Meetings

by on July 8, 2009 · 0 Comment POSTED IN: HR Info Center

Make sure both your electronic document retention as well as theirs are up to par

How do you prepare for that early meeting confer or that Rule 26F meeting? Understand your own electronic document retention systems. Know what your information architecture is. And, not just the folks in IT, you need to have the folks that participate in that committee understand your architecture of for how the information flows throughout the company. When you’re talking about that digital haystack, understanding what else is out there in that digital haystack besides the true IT architecture.

Identify the types and location of relevant information. If your company’s electronic document retention hasn’t already done so, take immediate steps to preserve that relevant information. If you learn of pending or potential litigation, you have to take immediate steps to preserve the relevant information.

Identify all persons who might have relevant electronic information. So, what party or parties have been served with the lawsuit? What folks within individual departments have information that pertains to, to that lawsuit? And, what files do they have? So, that relates to preserving the relevant information for the purposes of electronic document retention.

So, you identify the folks that may have relevant information. You might have to identify the files that pertain to the folks that have relevant information. In addition to other files throughout the company that may be needed to provide information.

So, if you got a discrimination claim, you need to identify the folks that, not only the files of the person that’s filing the discrimination claim, but also, maybe, the people that work within that department that dealt on a day-to-day basis with that individual. The files within HR that might pertain to that individual. So, again, that’s the kind of thing that we need to be preserving.

Along those same lines, determine what electronic document retention you want from the opponent. Start coming up with a list of, of what information you want from the other side, from that plaintiff. What emails have they got? If they somehow had a company issued laptop that they’ve kept, you might want them to include the laptop as part of their electronic document retention.

And, if, they had any thumb drives, you want to see the information contained in their thumb drive. That kind of thing. You might even want to, if they were doing work from home and downloading stuff onto their personal computers at home, you might want to see that information, as well.

And then, putting a file on notice of this preservation obligation. So, just like you have a duty to hold your information, make sure that you remind the other side that they have a duty too to hold the information, as well. Especially, before a lawsuit is filed.

If, your company is thinking about filing a lawsuit, make sure that you put that information, that you let them know that you’re thinking about suing them and that they should start preserving their documents, because that really, sets the trap very nicely. If you come in and you contribute this to your counsel, they will appreciate your thoughts on this.

Edited Remarks from “How to Bulletproof Your Data Storage Strategy: New Legal Rules for Electronic Discovery” by John Isaza, Esq.

Leave a Reply


Request a Free Demo

We'd love to show you how this industry-leading training system can help you develop your team. Please fill out this quick form or give us a call at 877-792-2172 to schedule your one-on-one demo with a Rapid Learning Specialist.