Product, Tech/Engineering

Why complicate your eDiscovery processing workflow?

July 9, 2020 Sanket Parlikar, Product Manager

More than ever, the amount of data that is produced is exploding and will continue to do so exponentially. Companies are faced with many challenges when it comes to datasets, including protecting, managing, and understanding them better. Amongst all such data challenges, the discovery and preservation of electronically stored information (ESI) stand out as the most crucial.

To complicate things further, regulatory bodies are also tightening up compliance requirements around ESI data. Recent amendments to the United States Federal Rules of Civil Procedure (FRCP) address the discovery of ESI, expanding the use of legal hold beyond the preservation of paper documents. The amendments were written in anticipation of legal arguments and tactics related to the production of ESI, such as the cost and difficulty of producing ESI, and the claims that ESI was missing, deleted, or otherwise inaccessible when this really wasn’t the case. These changes took effect on December 1, 2006, and require organizations to hold all electronic records until each litigation case is formally settled. Any non-compliance attracts stringent fines or penalties.

eDiscovery use cases

One example of eDiscovery is satisfying a court order or a regulatory request. In this particular use case, legal teams face a scenario where they may want to implement defensible legal holds or opt for reactive legal holds which helps to comply with FRCP regulations. Let’s take a quick look at some scenarios that any organization’s legal team needs to prepare for.

Compliance: A company doing business in the US market abides by regulatory compliance requirements and must have a policy in place to preserve standard business datasets from an employee’s system.

Criminal: A finance company’s forensic investigator is working on a fraud case involving the misuse of digital information.

Internal HR investigation: A retail company’s legal team is working with HR on an internal complaint.

Civil: A government entity’s information security team is dealing with a ‘deliberate disclosure’ case.

Preservation: A healthcare company’s legal operations has a process in place to collect and preserve a departing employee’s data. In order to do so, the IT team is required to retrieve the hard disk from the employee’s system and preserve it for any future use.

How can Druva help?

Druva specializes in data backup and restoration from multiple data sources and has a deeply embedded Electronic Discovery Reference Model (EDRM) workflow baked into its product. Below is a table that reflects how Druva aligns with the EDRM workflow.

blog-eDiscovery-EDRM-workflow

Next steps

As the proliferation of electronically stored information continues, it’s essential that your legal team is able to access data quickly and securely should an eDiscovery request occur. Leveraging a SaaS platform for data protection like Druva, legal teams can cut their eDiscovery time in half while ensuring compliance requirements around electronically stored information data.

Learn more about how Druva can reduce your total eDiscovery costs and investigation time.