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Evidence Lifecycle Management (ELM)

Contents [hide] 1 Process 1.1 1.2 1.3 2 See also 3 References 4 External links

[edit] Process 1. BRIEF OVERVIEW OF ELM (AND WHY IT IS IMPORTANT) 2. PUT IN STEPS FROM DOCUMENT RETENTION POLICIES THROUGH MEET & CONFER (PUBLICATION)

[edit] Hold notification An organization has a duty to preserve relevant information when it learns, or reasonably should have learned of pending or threatened litigation, or of a regulatory investigation. In order to comply with its preservation obligations, the organization should inform records custodians of the respective custodian’s duty to preserve relevant information. The organization should provide instructions for doing so. This traditionally cumbersome process may be automated with workflow to ensure all custodians receive a formal notice and agree to its terms.

This notification and subsequent related reminders should be created and distributed to specific custodians and should require the custodian to confirm receipt of such notification. This is far superior to the traditional use of read receipts reconciliation and follow-up because it allows for an unambiguous custodian response and provide real-time tracking and reporting on custodian responses. Further, automatic logging of all related audit trail information related to the legal hold notification process is also highly recommended.

[edit] Segregated repository for ESI The process of identifying and eliminating non-relevant documents while identifying and preserving the needed documents out of a set of potentially relevant documents is “culling”. The relevant documents for the case are identified and preserved in a physical repository of relevant or potentially relevant documents subject to the legal hold.

The system must make use of a highly accurate policy-based approach that enables archived and current electronic communications – including e-mail, instant messages, web transactions and communications sent from handheld devices – to be categorized and tagged according to their relevance to specific corporate policy.

Due to the substantial risks associated with deleting, losing, or not having access to such data, this should be a segregated repository to better deal with the unique retention requirements and access needs of this subset of an organization’s stored documents.

[edit] Ongoing preservation obligation Once an organization is served with a litigation notice, all future relevant electronic communication is also subject to the legal hold.

[edit] See also Electronic discovery Records management

[edit] References E-Discovery Advisor Article, Understand Legal Hold Notification Changes ABA Article on Legal Hold, Are you Litigation Ready by Matthew Blake

[edit] External links The Sedona Conference Commentary on Legal Holds, August 2007Public Comment Version The Electronic Discovery Reference Model Project (EDRM)