Extract from Onna’s article “Your internal ESI playbook: A critical checklist for managing cloud data in eDiscovery”
Given the volume and diversity of data involved in litigation and investigations today, particularly unstructured data, creating an internal playbook can help manage and navigate the process of identifying responsive information in electronic form.
This internal playbook is designed to help you and your team sort through a wide range of considerations before beginning to identify, preserve, and collect electronically stored information (ESI) from cloud applications. This resource will guide you in framing your strategy for identifying, preserving, collecting, and exporting data while ensuring compliance. It can also serve as a springboard as you prepare to agree on an ESI protocol required by the Federal Rule of Civil Procedure 26(f) and other applicable state and local rules.
The key is to remember that while your ESI playbook must be comprehensive, it must also be flexible, as no two cases are alike. Ask yourself the following questions as you work through managing discoverable data and updating your ESI protocol to include cloud apps. Note that these questions, while extensive, are not exhaustive. As you consider these questions, you may find that they lead to further inquiries as you go.
Additionally, understand that developing your ESI playbook is not a one-time task. As technology evolves or as new tools are added to your tech stack, it’s essential to perform frequent assessments of your guidelines. This proactive approach ensures you are well-prepared to meet imminent deadlines and allows you to make informed decisions in advance — thoughtfully and without the pressure of time constraints.
