Author – Matthew Verga, Oct 2020
ESI spoliation remains a frequent issue – particularly in the gray area where new devices, applications, or services are transitioning from niche adoption to mainstream use. Hence the importance of the identification and preservation phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.
In this free, twenty-one page Practice Guide, XDD Director of Education Matthew Verga, JD, reviews the fundamentals practitioners need to know about identification and preservation to fulfill their duties of technology competence and preservation, including: triggers for the duty, legal and technological scope, imagination and investigation, the role of legal holds, and common pitfalls.
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