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Where Is the Data?
If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Today, electronic data makes up the great majority of documents to be produced, and addressing ESI upfront with those responsible for data systems can prevent issues from surprising the team. Making sure that IT and legal are on the same page can prevent misunderstandings and fully prepare the legal team for intelligent and informed discussions with opposing counsel about discovery.
Scheduling a Meeting
A meeting with IT should be a scheduled as soon as litigation is anticipated. Every moment the implementation of the litigation hold is delayed, the greater the chance of evidence being spoliated. Two meetings with two separate groups in IT are suggested. One is with all of IT ' including contractors, third parties, anyone who administers data/systems. This is a more general meeting to explain the litigation hold and the role of IT in complying with the hold.
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