| About Your Organization |
Do you operate in a highly regulated or litigious industry?
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Do you do business in North America?
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Do you have a cross-functional team of legal and IT personnel to evaluate your ESI risk?
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Have you been the target of more than five legal cases involving ESI in the last 24 months?
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Has your organization acquired data on backup tape via M&A activity in the past 7 years?
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| About How You Manage Legacy Data (ESI 36 months or older) |
Does your organization store substantial amounts of data on backup tape?
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Are you 100% confident that you know where all your legacy data is physically located?
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Are all of your backup tapes stored in a highly secure facility?
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Have you taken measures to consolidate all historical ESI in a single place?
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Do you preserve all metadata associated with all your potentially responsive data?
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| About Your Information Governance Practices |
Do you have an email archiving solution deployed to proactively prepare for litigation?
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Does your organization apply (and enforce) retention policies uniformly to all ESI?
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Have you automated the application of legal holds on ESI that is 36 months or older?
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Do you have a media destruction plan? If so, have you enforced it?
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| About Your In-house eDiscovery Expertise |
Do you have internal IT experts trained on how to process data for eDiscovery?
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Do you have experts that can testify in court to the defensibility of all of your ESI?
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Have your IT staff been trained on how to track chain-of-custody for eDiscovery?
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| About Your Ability to React to Urgent eDiscovery Requests |
In case of an unexpected eDiscovery request, do you have a standard operating plan in place, outlining who is accountable for what and when?
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Can you effectively react to an eDiscovery request in less than 90-120 days?
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If data must be processed for immediate eDiscovery, do you have the technology and processes to be assured that every piece of data and metadata is captured?
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Can you support a full breadth of data, software, and media formats for eDiscovery processing?
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Do you have a secure data processing facility, where data is tracked for optimal data defensibility?
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Do you have access to Early Case Assessment tools so you can analyze what data you have before the expensive review process begins?
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Do you have advanced eDiscovery tools already in place (or with a technology partner) to assist with analysis and review?
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