eDiscovery Daily Blog

Preparing for Litigation Before it Happens: eDiscovery Best Practices

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including eDiscovery and the GDPR: Ready or Not, Here it Comes (which we covered as a webcast), Understanding eDiscovery in Criminal Cases (which we also covered as a webcast), ALSP – Not Just Your Daddy’s LPO, Why Is TAR Like a Bag of M&M’s?, eDiscovery for the Rest of Us (which we also covered as a webcast) and Litigate or Settle? Info You Need to Make Case Decisions (which is our next scheduled webcast on August 29th).  Now, Tom has written another terrific overview regarding pre-litigation considerations titled Preparing for Litigation Before it Happens that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into seven(!) parts, so we’ll cover each part separately.  Here’s the first part.

BTW, in addition to exhibiting at ILTACON in National Harbor, MD later this month in booth 936, CloudNine will also host a happy hour on Tuesday, August 21 from 4:30 to 6:30pm ET at the National Harbor’s Public House (click here to register).  Come and get to know CloudNine, your provider for LAW PreDiscovery®, Concordance® and the CloudNine™ SaaS platform!  We want to see you!


Information Governance (IG) has always been part of the eDiscovery landscape but not always a large part. Although it appears on one of the first Electronic Discovery Reference Model (EDRM) charts it was not discussed in any of the standards models and was typically not included in any detailed EDRM discussion.  Here is the early EDRM model chart from 2009 that became the initial standard – note how it wasn’t even called “Information Governance” back then, it was called “Information Management”.

IG was originally important for reducing the population of potentially responsive electronically stored information (ESI) that might be subject to litigation by helping organizations adopt best practices for keeping their information “house in order”.  But now with an increased concentration on the two-fold concerns of privacy and security, IG has become more important.  Good IG best practices and technologies can allow organizations to conduct data discovery on their organizations data, keep it secure, protect privacy and help lower potential litigation costs by archiving or disposing of records in a repeatable defensible manner.

We’ll explore the implementation of Information Governance best practices to help organizations better prepare for litigation before it happens, as follows:

  1. What is Information Governance?
  2. General Principles for Information Governance
  3. Who Uses Information Governance?
  4. Basic Information Governance Solutions
  5. One Reason Why Information Governance is Not More Popular
  6. Concluding Remarks

We’ll publish Part 2 – What is Information Governance? – on Wednesday.

So, what do you think?  Does your organization have a plan for preparing for litigation before it happens?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.