The Need to Be Prepared for Later Litigation – eDiscovery Investigations Series, Part 4
A multi-part series discussing the realities of eDiscovery in the context of investigations
by Matthew Verga, JD, Xact Data Discovery
“Well it’s a mess, ain’t it Sheriff?
If it ain’t, it’ll do till the mess gets here.”
– Joel and Ethan Coen, No Country for Old Men
In the first Part of this series, we reviewed the categories of investigations in which companies are frequently involved and their general eDiscovery ramifications. In the second Part, we discussed the need for speed and secrecy and ways to achieve them. In the third Part, we reviewed the need for nuanced analysis and review and available tools and techniques for it. In this Part, we discuss the need to be prepared for later litigation.
Incentives to Cut Corners
As we’ve discussed, time pressure is great in most investigative scenarios. Particularly when you are working to assess an internal issue, the desire to find out the facts and mitigate the risks can make speed feel like the overriding priority – a priority overriding even normal discovery processes. When it’s just an internal investigation, why not skip forensic collection? Why not focus on fact-finding over process documentation? Why worry about preservation?