#MetadataMatters – Forensics in February Preservation Primer

If you haven’t added IT-LEX.org to your must read list yet, then let me be the one to bulldoze that rock you’ve been living under.  They’ve essentially done all the heavy lifting with a cartoon for those of us that have an attention span that would rival a gnat amped-up on espresso.

About IT Lex
About IT Lex

Being that we’ve coined February the month of Forensics, I’ve hand picked a few articles from their site to give you a taste of the brilliant content IT-LEX delivers on a daily basis.

Preservation Primer: Five Pitfalls To Avoid

…custodial self-collection can be distracting and detrimental to a business- if you do not know what you are doing, it can be very time consuming and frustrating to try to collect and preserve electronically stored information.  It is not uncommon for custodians who are deputized as IT personnel for self-collection to spend a day or days engaging in collection tasks that would take an IT professional an hour or less.  While custodial self-collection is not forbidden or prohibited by law in most circumstances, it is typically not the best practice for the above reasons… [READ MORE]

“Conscious, Or Perhaps Willful, Disregard” Of Duty To Preserve Leads To Spoliation Sanctions 

…As is often the case in spoliation analyses, we have to look at timelines. Here, plaintiffs let defendants know in August 2008 and again in October 2008 that they considered defendants’ product to be a knock-off of their own. The latter communication even “stat[ed] that [plaintiffs] would file a lawsuit for patent infringement against Defendants should Defendants continue their plan to commercialize their product.” Not surprisingly, plaintiffs suggest that the “reasonable anticipation of litigation” clock, and therefore the duty to preserve, should have started ticking here. Not so, argued defendants… [READ MORE]

Effective Legal Hold Policy Saves Halliburton From Mega-Fines

…Halliburton Energy Services (HESI) seems to be on the right track with their ‘legal hold’ policy. This policy helped Halliburton energies, one of the world’s largest oilfield service companies, escape with a fine of only $200,000 (the maximum under statute) for destruction of a computer simulation that may have showed it performed inadequate cement work on the Deepwater Horizon oil rig. This fine is minimal compared to the fine the other two major parties implicated in the 2010 Deepwater Horizon explosion,  BP and Transocean, received ($4 billion and $400 million respectively)… [READ MORE]

Coming up at the end of the month, check out a free webinar covering the Dangers of Self Collection.  For more info see https://forensics-in-february.eventbrite.com

Eventbrite - Dangers of Self Collecting - Forensics in February Webinar Series

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