Key Methods for Ensuring FRCP Data Preservation Compliance


By Robert Cruz

As we wait for updates to the Federal Rules of Civil Procedure (FRCP) amendments to take effect on December 1, 2015, I am reminded of previous role I held at an eDiscovery service provider firm and the variety of preservation horror stories we would hear about. Some tales were of becoming lost in a sea of back-up tapes, others would speak of the infinite variety of things one would find when creating an image of a hard drive, while others would simply amaze you of how many different ways the dog was able to eat the homework.

The efforts to preserve the data – needless to say – were often manual processes, dependent on action from individual custodians, and containing many potential points of failure. Widely publicized preservation failures have clearly established legal hold activity as the greatest area of eDiscovery risk. As a result, organizations have continued to search for guidance to enable a streamlining of their data-preservation processes.

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