February/March 2010 / E-Discovery
A Proactive E-Discovery Process for Multinationals
Multinational companies have an especially difficult challenge in responding to an e-discovery request. By definition, they operate across borders and must navigate rules in multiple jurisdictions. They are more likely to have acquired or merged and thus to have taken over new information repositories. These and other factors mean their data is voluminous, widely dispersed and in constant flux.
The conclusion, per the authors, is that these companies, well in advance of litigation, should get a clear picture of which information is stored where, who has access to it and how accessible it is. They recommend a two-part process. First, make a “data map” of the entire company. It should track and index all electronic files. Start by giving all personnel who have oversight over any data a short survey, asking them to characterize that data, locate it and rate its accessability. A by-product of a good data map, the authors note, is the intelligence to make an appropriate information retention schedule.
The second recommended step is a trial run, consisting of a mock discovery request. It should be formulated to reflect the kind of request the company, given the nature of its business, might expect to receive in an actual lawsuit or investigation.
