“Discovery” is the requirement that organizations identify, collect, preserve, analyze, review and produce information for legal proceedings. When such action is reasonably anticipated, a “legal hold” is issued: deletion of relevant documents is suspended. Because of their urgency, discovery actions and legal holds can be expensive and disrupt business operations.
Contoural’s experienced attorneys and consultants help clients set up litigation hold and discovery as organized processes that operate routinely in the business environment and not as “exceptions” or interruptions. This approach lowers costs and risks if and when litigation or investigations occur and reduces dependency on expensive third-party discovery teams.
Our services include:
We determine the amount and variety of information under management, identify data sources with possible litigation impact and the systems used to create and store them, review existing legal hold processes for major and minor matters and identify risk exposure levels and responsiveness gaps.
Procedures and tools for consistent and defensible hold notice management and tracking are developed. This includes identification of custodians and potential legal hold triggers, repeatable decision processes for issuing hold notices, and methodologies for determining information pertinent to a legal hold.
We propose a detailed set of procedures that lead to a consistent model for early case assessment (ECA) and response that is well-documented and clearly communicated. The processes define roles and responsibilities to address major matters, including engagement of in-house counsel, outside counsel and litigation support resources.
For e-discovery process support, a “map” of electronically stored information (ESI) is developed. Repositories include production systems (email, SharePoint and networked file shares) and employees’ laptops, tablets, smartphones and workstations. Repository custodians and retention strategies are identified. The ESI Map framework can be used by counsel during steps such as ECA, legal hold, meet and confer, discovery scoping and response planning.
Rule 30(b)(6) of the Federal Rules of Civil Procedure allows a party to designate one or more persons to testify on behalf of an organization. Witnesses may be “educated” to prepare them to testify. The ESI map, workflow and processes that we develop can be used as a resource for 30(b)(6) witness preparation.
We provide on-site training so that legal staff will know how to use legal hold processes, discovery workflow and ESI maps properly, ensuring that the organization can demonstrate compliance with its processes.
We provide detailed training and onboarding services for eDiscovery staff so that they know how to plan and execute discovery processes and workflows properly and maintain chain of custody for information from receipt through production.
Contoural serves as trusted advisors, providing independent advice based on client’s needs We sell no products, receive no referral fees, do not provide document storage, nor offer document review or other matter-specific “reactive” eDiscovery services. Our services can be tailored either for some part of a specific project or an entire enterprise-wide program. Contoural’s Legal Hold and Discovery services prepare clients to face litigation confidently, significantly reducing costs and mitigating risks.
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Metrics Based Information Governance
Outlines a metrics-based approach that focuses on results in five key areas: compliance, privacy, disposition, litigation readiness, and employee prod...
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