Legal Compliance – Trust Accounts
- Discovery is the term used for the initial phase of litigation where the parties in a dispute are required to provide each other relevant information and records, along with all other evidence related to the case. The key to addressing e=Discovery is to be proactive in the management of information and records with control over the handling of potential e-Discovery requests.
- e-Discovery is short for electronic discovery, which is defined as the process of discovery in civil litigation that is carried out in electronic formats. It encompasses what most often is referred to as electronically stored information, or ESI.
- Examples of the types of ESI included are emails, instant messaging chats, documents, accounting databases, CAD/CAM files, Web sites, and any other electronic information that could be relevant evidence in a lawsuit. Also included in e-discovery are “raw data” and “metadata,” which forensic investigators can review for hidden evidence.
- e-Discovery legal process – As a practice, e-Discovery runs from the time a lawsuit is foreseeable to the time the digital evidence is presented in court. At a high level, the process is as follows:
- Data is identified as relevant by attorneys and placed on legal hold.
- Attorneys from both sides determine scope of discovery, identify the relevant ESI, and make e-Discovery requests and challenges.
- Search parameters can be negotiated with an opposing counsel or auditor to identify what is being searched and to ensure needed evidence is identified and non-evidence is screened out, thereby reducing the overall effort required to search, review, and produce it.
- Evidence is then extracted and analyzed using digital forensic procedures, and is usually converted into PDF or TIFF form for use in court. It often can be advantageous to use pattern and trend identification and other analytical search techniques here so these tasks can be performed more efficiently and make less use of expensive human resources.
- Key to being successful with e-Discovery is to have a policy that stresses:
- Information without business value must be disposed of according to policy and in the normal course of business
- Records that have value to the organization must be stored and managed properly, under the control of the organization
- A classification scheme providing an information and records management structure must be implemented for consistency and control
- Records that are no longer needed must be destroyed in a systematic and documented way
box.com – Governance & Trust for ECM
- Amplify the collaboration, security and content management capabilities Box provides by leveraging Box Governance. Get enhanced protection for sensitive content, enable defensible discovery for litigation, and easily set up retention and disposition schedules for files in Box. Box Governance provides the guardrails your organization needs to effectively govern content in the cloud, without impacting your user’s (or your) ability to get work done.
- Manage document retention and disposition policies -Whether you’re a large enterprise in a regulated industry or a small store opening your first location, developing a simple and comprehensive system of record is critical. Setting the right retention schedules for financial documents, employee files or customer engagements is key for maintaining compliances like SOX or EEOC regulations that impact every business. Plus, it ensures that the critical data your customers, employees and partners need to get work done won’t get lost.
- Conduct defensible discovery – Legal action from trademark issues, patent infringement, employee lawsuits or consumer complaints are risks all companies face. Without the right systems in place to effectively discover and preserve relevant content, the costs and time spent on litigation can quickly spiral out of control. Legal holds ensure that content relevant to litigation can be searched, audited and held indefinitely in Box, as well as integrated into your e-Discovery system or process.