Discovering eDiscovery

Don Miller

To some, eDiscovery might seem like a mundane task.  But instead, we propose thinking of it as the ultimate scavenger hunt, where the prize is your organization’s reputation and compliance. Navigating the twists and turns of the eDiscovery’s legal/regulatory challenges can feel like deciphering a treasure map.  

In this blog, we’ll help you uncover the hidden gems of the eDiscovery process and show how TDXchange, bTrade’s robust Managed File Transfer (MFT) solution, can be your trusty compass on this quest.  With TDXchange by your side, you’ll be equipped to steer clear of hazards and confidently chart your course toward compliance.

1. The Litigation Hold

a. What Is It?

The eDiscovery journey begins with a critical first step: initiating a “litigation hold” under Rule 37(e) of the Federal Rules of Civil Procedure (FRCP).  A litigation hold, in simple terms, is a directive issued by a company or organization to preserve all electronically stored information (ESI) that might be relevant to a lawsuit.   This directive ensures that potential evidence is safeguarded from accidental or intentional deletion, and failure to do so could lead to sanctions that might sink your ship before it even sets sail.

b. How TDXchange Steers the Ship

TDXchange plays a crucial role by providing a secure and compliant platform to handle the eDiscovery process.  TDXchange enables secure, trackable file transfers and automated policies to prevent accidental data deletions.  With centralized management features, administrators can efficiently chart the course for data preservation across the platform.

2. Issuing the Litigation Hold Notice

a. What Is It?

After marking the X on your map, the next step is to notify your crew.  A formal litigation hold notice informs key personnel that certain data must be preserved.  Under FRCP Rule 26, organizations are required to disclose all relevant information early in litigation, so the hold notice must be comprehensive and clear.  A well-crafted notice acts as your ship’s log, documenting which data needs preserving and suspending any routine data deletion or archiving practices.

b. How TDXchange Navigates the Course

TDXchange allows you to send secure, traceable notifications to all custodians and stakeholders, ensuring everyone knows their role in safeguarding the treasure. The platform’s detailed audit logs provide evidence that the notices have been successfully communicated.

3. Data Preservation and Compliance Tracking

a. Preserve the Bounty

Once the crew is informed, it’s time to preserve the bounty.  FRCP Rule 37(e) requires organizations to take reasonable steps to prevent the loss or destruction of relevant ESI.  Neglecting this duty could lead to sanctions or adverse judgments—like running aground on the treacherous sandbanks of non-compliance.

b. How TDXchange Protects the Treasure

TDXchange’s automated monitoring features permit flagging unauthorized deletions or modifications.  Role-based access controls help keep unauthorized personnel from tampering with the preserved evidence, ensuring that your treasure remains secure.

4. Regular Follow-Up and Updating the Hold

a. Constant Vigilance

A successful voyage requires constant vigilance.  Litigation holds are not one-time actions; they must be revisited and refreshed as the case evolves.  The eDiscovery recommends periodically reminding the crew of their duties and expanding the hold if new evidence surfaces.

b. How TDXchange Keeps You on Course

TDXchange enables centralized distribution of hold notices, allowing administrators to send periodic reminders and update the hold’s scope as needed.  The platform’s secure logging ensures every update is recorded in the application’s log for future reference.

5. Documenting and Demonstrating Compliance

a. Time for Proof

When the treasure is finally uncovered, the court will ask for proof of your compliance efforts.  Under FRCP Rule 37(e), demonstrating that reasonable steps were taken to preserve evidence can help organizations avoid the harshest penalties.

b. How TDXchange Documents the Journey

TDXchange creates detailed audit logs documenting every action related to file transfers, access, and changes.  These logs serve as evidence of your organization’s efforts to safeguard the treasure, which proves that the crew stayed true to the course.

6. Conclusion

The eDiscovery process can feel like navigating a perilous sea filled with hidden traps and shifting sands.  But with a clear treasure map and a reliable compass like TDXchange, organizations can chart a course to compliance and preserve their reputation along the way.

In this blog, we showed how TDXchange can help organizations deal effectively with the litigation hold process.  In the coming weeks, we will publish additional blogs with even more helpful information about how best to deal with other pain points in the eDiscovery process.  So stay tuned!