Pit Falls in Data Mapping and Relevant Information Collection

With the growth in the usage computers and content creation tools, the volume of electronically stored information has outstripped corporate IT administrator’s ability to keep up. Keeping all information electronically generated materials is no longer viable from a cost perspective, as well as a litigation risk perspective. Many corporations have instituted electronic information policies which delete documents and emails after a specific period of time, e.g. three months to six months after creation. However, many employees hoard information and have found way around the information management policies, which increase litigation risk exposure for corporations.

How do employees get around the IT enforcement policies?

1. Rename Exchange Archive PST to another extension – most enforcement software does not cross check the content of a file with the extension. Employees have learned to create an archive of their email on a regular basis and simply rename the AAA.pst to AAA.doc to circumvent the email enforcement policy. Make sure that the eDiscovery software can not only find documents, but verify that the document and the document type are not in conflict to find all relevant information on the network.

2. Save PSTs to USB thumb or harddrive – If the data is not on a company share or computer, the enforcement policy is circumvented. However, opposing counsel can depose senior officers and uncover “personal” copies of company information for discovery purposes.


3. Non-IT storage – With strict IT enforcement policies, some corporate divisions have deployed a “divisional” storage server which is outside the knowledge and purview of corporate IT. Although storing electronic information can be useful, it poses a significant litigation exposure risk. Defense and Opposing counsel need to ensure a complete organizational Data Map has been created that has searched the network for “Rogue Storage Sites” to fully comply with FRCP. Make sure that the eDiscovery software can identify all informational sources on the network….otherwise the Organizational Data Map is worthless.

With eDiscovery cost being reduced with automated software tools, corporations have the ability to deploy systems to manage their informational assets efficiently. Furthermore with the dropping cost of eDiscovery, opposing counsel can now trust the defense’s Data Map, but ask for verification with a robust eDiscovery suite, like Kazeon’s eDiscovery software, to ensure and verify compliance.