eDiscovery is a fact of corporate life. It is also a tough challenge for companies of any size. It’s not easy for IT to collect, preserve and process eDiscovery data even on the local network. But it’s a business process that’s absolutely necessary to do effectively, as it presents one of the greatest business risks of legal sanctions, adverse judgments, and large settlement costs. Given the dramatic shift towards mobile devices in the enterprise (with 32% of enterprise data solely stored on endpoint devices), IT leaders have a whole new set of factors to think about when it comes to eDiscovery.
How Mobile Data Makes eDiscovery Even More Complicated
Mobile data adds an additional layer of complexity to the already-complex process of eDiscovery. IT may not even know that relevant mobile data exists, far less be able to collect and preserve it. With the spectre of impending litigation, companies have an obligation to ensure that data is preserved accordingly, heavily relying on IT to collect the data and entrusting it hasn’t been altered in the process. But, how do you collect and preserve data from mobile devices? Do you feel safer notifying custodians first, or collecting first? In the age of multiple devices per user the risk of not locating or spoiling data increases substantially.
With the evolution of technology has also come the weakening of the argument of “cost prohibitive” in identifying and collecting responsive materials. Deciding to take the easy way out by only doing the bare minimum amount of eDiscovery across the network and ignoring endpoints can lead to heavy sanctions and adverse judgements for materials known to be relevant that were not discovered but known to exist.
In today’s litigious corporate environment not properly executing legal holds against custodian data, especially when opposing counsel knows the possibilities, can put an organization into a risky situation. And quite often the organization will still need to carry out the eDiscovery process no matter how difficult it is.
Three Best Practices to Address these Challenges
Given that organizations can no longer turn a blind eye toward eDiscovery and mobile data, IT shouldn’t wait until the company is burned to invest in endpoint eDiscovery tools.
There are some established best practices in terms of what functionality to look for in a solution that will collect and preserve endpoint data for eDiscovery, including:
- Visibility into data and data use: IT needs to prove chain of custody and ensure data preservation for eDiscovery and compliance requirements. Choose a product that provides full end-user and administrator audit trails, reporting and analysis functionality that enables legal teams to to properly do eDiscovery; identify materials, custodians, and what devices those materials reside and also helps IT discover data usage and access patterns.
- Ability to place legal holds: The right eDiscovery tool will enable an organization to manage legal holds, capturing relevant custodian data and make it immutable until released by suspending data retention policies and preserving the data in place. A solution that also provides Continual Data Protection (CDP) will enable the on-going collection of new data and data changes across endpoints, which will aid in investigations as well. This CDP capability stores data to a central repository to ensure data protection and provide monitoring and central eDiscovery collection.
- Integration with an eDiscovery platform for analysis and processing: Vendor partnerships can render even more benefits for the company. An endpoint collections provider can join forces with a legal review vendor to provide an efficient hand-off between collection and review systems, without the requirement for intermediary storage. This relieves processing pressure on IT and simplifies complex eDiscovery where Legal must add new custodians and expand the collection set across the organization.
Druva inSync can make your life easier when it comes to mobile eDiscovery. Learn how to simplify and ease the process of capturing endpoint data for eDiscovery with Druva inSync.