Your Litigation Response Plan should include data collection practices and how to identify and collect data defensively.
Do not let witnesses determine what data is relevant and what should be produced unless agreed to with the opposing part. How should corporate IT be involved in the data collection process? What are the advantages and risks?
Which outside experts or vendors should be used for data collection? All of this must be carefully considered, decided, and included in your Litigation Response Plan.
Make sure that the collection stage is unobtrusive and doesn't affect the live systems at your company. Explain in the plan how data is identified and collected. Specify, depending on the case, whether to use forensic or non‑forensic copies of hard drives. If there are no issues of deleted data or spoliation, do not choose forensic backups or images in every case. It is way too expensive. Your Litigation Response Plan should include the important issue of about your collection policies, procedures, and practices.
Legal Technology Group
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