Identification

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 Identification refers to the process of learning the location of all data which you or your client may have a duty to preserve and potentially disclose in a pending or prospective legal proceeding.

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Triggering Event

The duty to preserve and disclose data may be triggered by a judicial order, a discovery request, or mere knowledge of a pending or future legal proceeding likely to require the data.

Litigation Hold

During the identification process, potential custodians are interviewed to determine if they are in possession of relevant documents or data.

Casting a Broad Net

Learning the location of potentially discoverable data is the prerequisite to analyzing if and how it should be preserved, collected, and reviewed.

Steps in Determining the Scope of Responsive Data

Planning is one of the most important parts of the e-discovery process and should include outside counsel, inside counsel, corporate information technology personnel and possibly an electronic evidence consultant.

Interactive E-Discovery Guide

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