After being notified by our internal legal department at Blue Arrow Technologies (referred to as BAT henceforth) of pending legal action against Just Act Magnificently Inc. (referred to as JAM henceforth), I was instructed to write a memorandum of general requirements and concerns about the legal proceedings. I was also instructed to be ready for the possibility of the same proceedings regarding other companies and employees.
The process for electronic discovery is complex and will involve notifying JAM as soon as possible with a legal notice called a “Litigation Hold” notice. While the notification is being processed by the BAT legal team and delivered to JAM, our internal ...view middle of the document...
) documents (etc.), with the focus on non-ESI material
o Developing a plan for the preservation of discoverable (by JAM, etc.) documents (etc.) , with the focus on ESI material
o Developing a plan of what documents or materials should be searched, and what should be searched for on those devices in relation to the litigation hold.
Preserving potential evidence is critical to the litigation process. Should BAT or JAM fail to secure their ESI or physical evidence, the courts can hold the violating company responsible for the failure.
While it is impossible to provide an estimate for the possible damages the court could award for the violation, looking at similar cases such as Samsung v. Qualcomm the courts produced a sanction against Qualcomm for over eight million dollars for patient violation (“QUALCOMM v. BROADCOM, 548 F.3d 1004 (Fed. Cir. 2008),” n.d.). Special importance should be placed on not only the preservation of data and copies of data, but preservation of the original medium holding the data relevant to the ongoing litigation. In a 2012 court case in Illinois, the court disagreed with the defendant that a hard drive was damaged and could not be preserved, yet data could be recovered from said hard drive. The court concluded that the defendant had destroyed evidence and barred the evidence from being entered in the trial ((“Post-Rimkus Duty of Preservation and Spoliation of Evidence Decisions (Part VII) | Texas Employment Law For Everyone,” n.d.).
Electronic Discovery (referred to as e-Discovery henceforth), “is the electronic aspect of identifying, collecting and producing electronically stored information (ESI) in response to a request for production in a law suit or investigation” (“The Basics: What is e-Discovery? (ediscovery),” n.d.). In simple terms, e-discovery is the process of finding and producing any information stored on a computer system. This can include any and/or all...