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Powered by People. Managed Data and Discovery Services.
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Defensible Deletion Strategy: Getting Rid of Your Unnecessary Data

by Amanda Bergeron

Here is a basic overview of what defensible deletion is, the FRCP stance on maintaining ESI and considerations for developing your own deletion strategy.

Preview:

The myriad of data coming in and out of an organization is exponentially growing year after year. Not only is there email data and the slew of attachments that come with it, but also plenty of other files employees have on their countless personal and professional devices, including laptops, smartphones, flash drives, shared platforms…the list goes on. It can, and often is, overwhelming just thinking about the complex infrastructure that comprises an entire interconnected data map that could house potentially relevant ESI.

So, how do you decide what to keep, what to archive, and what to destroy? This is the essence of a defensible deletion strategy. Let’s start with a quick overview of what a defensible deletion strategy is, then move into what the FRCP says about maintaining and deleting ESI, and lastly a couple of considerations for developing your company’s defensible deletion strategy. https://goo.gl/vDb2IL
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Unique eDiscovery Challenges with Mobile Device Data and How to Solve Them

by Josh Headley

Explore unique challenges for mobile device data in eDiscovery, and get a better understanding on how to handle text messages for a more efficient review.

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Typically, after a mobile device is collected, the text messages are exported to a spreadsheet where each row in the spreadsheet contains the metadata and content associated with a single text message. If that spreadsheet is subsequently converted into flat TIFF images and then buried between thousands or millions of other produced pages, it may indeed be difficult to locate those specific text messages.

It's clear that mobile device data discovery presents unique challenges for producing and receiving parties alike. Luckily, there are tools available to facilitate the process by preparing mobile device evidence to be reviewed and produced just like any other form of document-based electronic evidence.
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How to Comply with 21 CFR and HIPAA Data Retention Requirements

by Brooke Lestock

Thorough information governance policies can help healthcare organizations manage their data to maintain compliance under HIPAA and 21CFR regulations.

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As corporations move rapidly towards digitizing internal records and gathering more and more data from their consumers, it’s no surprise that data privacy is a concern shared by nearly every industry. But the healthcare industry in particular faces extreme pressure to comply with increasingly rigid regulations around protecting personally identifiable information (PII) and protected health information (PHI).

In this post, I’ll dig into the specific challenges for handling PHI and PII that healthcare companies might come up against in order to stay compliant under a couple of the biggest regulations in the industry - HIPAA and 21 CFR Part 11 - and how to use an information governance strategy and technology to address those challenges.
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4 Key Advantages of Conducting Remote Depositions

By Keith DiLorenzo

Understand how you can reduce the costs to client by limiting the travel time and increasing overall productivity by conducting remote depositions.

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Traditionally, when you needed to depose a witness in another city, state or country, you had no choice but to travel to the witness' location incurring great expense for your clients. This could impact both your productivity, and your personal life having to be away from home for multiple days at a time.

_Avoid the headache of conducting your deposition in-person. By conducting your deposition remotely, you avoid unnecessary travel time and cost, high-priced location fees, reduced productivity and personal time away from your family.
Here are the four main benefits of conducting depositions remotely to better understand if this method is right for you._
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How to Use Office 365 Advanced eDiscovery to Prioritize Your Review

By Lori Ramsperger

See how using Office 365 Advanced eDiscovery can help you save on overall costs by enabling you to focus on key documents and prioritize your review.

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the biggest differentiator between E3 and E5 is the advanced eDiscovery component. Advanced eDiscovery within Office 365 E5 builds on the existing set of eDiscovery capabilities but provides a more efficient and streamlined process to give you more control over your data.

Let’s take a deeper dive into what it looks like when Advanced eDiscovery learns from your tagging decisions on documents and how it applies statistical and self-learning techniques to calculate the relevance of each document in the data set. This information enables you to focus on key documents, make quick yet informed decisions on case strategy, cull data, and prioritize review.
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Office 365 Enterprise E5: 6 Features That Could Benefit Your Business

By Lori Ramsperger

Determine if Office 365 Enterprise E5 is right for you by analyzing these features that help you to centralize and control your data in a secure environment.

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Microsoft has made, and continues to make, billion dollar strides in artificial intelligence, automation, advanced security, threat protection, eDiscovery and advanced analytics. But how can Microsoft solve your business, eDiscovery and advanced analytics challenges through their E5 enhancements?

If your mission is to centralize your data in a secure environment to obtain more control over information transparency for decision making, all while reducing cost, here are some of the solutions you should learn more about.
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Data Reuse in eDiscovery: 4 Questions to Help Start Your Policy

By Olivia Gerroll

These questions will help you get started on creating a policy to effectively reuse data for litigation purposes to reduce your overall eDiscovery costs.

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The result of retaining unnecessary data means that significant costs are being unnecessarily expended to identify, preserve, collect, review and produce data that would not be required, but merely because it exists it has to be part of the process.

It’s time for organizations to get to know their data before crisis strikes, and find ways to reduce their data footprint so they are able to efficiently manage only the necessary and relevant data across the entire enterprise. Here are some questions to get you started making decisions regarding the time and costs around data reuse programs.
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Legal Hold Triggers: When Should You Document Your Reasonable Anticipation of Litigation?

by Chuck Kellner

Routinely documenting when you reasonable anticipate litigation will support your decision on whether or not you chose to implement a legal hold at a given time.

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In the context of litigation, an opponent may second-guess when you should have implemented your legal hold. If you do not have a policy about documenting your decision, you may not have clear documentation about when you made the decision that you reasonably expect litigation.

Instead of just having various emails, notes and calendar items that discuss a growing or possible conflict - the right documentation can safeguard you later on. If you have a policy to document your decision, and if you faithfully execute that policy, then you have an excellent defense to when you implemented your legal hold and why, and when you chose not to implement and why.
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Creating Strategic eDiscovery Workflows for Small Teams

by Olivia Gerroll

Devising a strategic eDiscovery workflow for a small team combines knowledge of available technology and how to utilize it to fulfill the needs of a case.

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The need to create and implement time and cost effective discovery-related workflows is not limited to just large firms, or for large discovery projects. Too many times, small to mid-sized firms fall into the trap of thinking that defined and documented workflows are not necessary because the data size or project needs don't seem to require the effort. This is a mistake that needs to be rectified.

Workflows do not have to be overwhelming or take up large amounts of time, nor should they be dependent on only applications that the firm is used to or on historic processes.
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5 Things You Need to Know About the Managed Review Process

The eQ Team

Despite variation in managed review projects, these 5 guidelines will help you strategically plan a defensible workflow for your next managed review process.

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No two managed reviews are the same. Even when a fact pattern of a new case seems (at the outset) strikingly similar to an old case, you can trust that a twist will arise that requires new case discovery to adapt in ways that could not have been anticipated. Consequently, anyone who approaches a new managed review project with a hard-wired approach is likely in for an unpleasant surprise; there simply are too many variables.

With so many factors that can’t be controlled in managed review, a prudent lawyer minimizes risks by embracing practices to actively manage those elements that can be controlled. Despite the wide variation in managed review projects, there are guidelines that apply to them all.
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