1 / 19

Practical Aspects of E-Discovery

Practical Aspects of E-Discovery. LBA Bank Counsel Conference 2013. Lisa D. Traina, CPA, CITP, CGMA Info@TrainaCPA.com or (225) 308-1712. @TrainaCPA. Comprehensive E-Discovery. Email is most prevalent type of electronic record request, but can also include:. Databases

kgipson
Download Presentation

Practical Aspects of E-Discovery

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Practical Aspects of E-Discovery • LBA Bank Counsel Conference 2013 Lisa D. Traina, CPA, CITP, CGMA Info@TrainaCPA.com or (225) 308-1712 @TrainaCPA

  2. Comprehensive E-Discovery • Email is most prevalent type of electronic record request, but can also include: • Databases • Electronic native documents • Texts (SMS)** • Voice • Instant Messages • Social Media** • Photos & Videos

  3. Some Things Might Scare You

  4. Data Management • ‘You can’t manage what you can’t measure’ • Very few organizations have a complete and accurate inventory of all of their electronic records • Problem will worsen over time with increased use of cloud-based systems

  5. Email • Stored in many formats (Exchange mailbox, .ost, .pst, etc.) • Stored in many locations (server, workstation, laptops, etc.) • Can have multiple, different files on same computer (ex: different profiles, archive copies, etc.)

  6. Email • What about deleted items, recycle bin, etc.? • Can users get around automated archiving rules? • eHoarding is common!

  7. Email • When litigation hold is placed, all versions and formats of mail/messages should be identified and preserved • Without a defined retention schedule that is monitored and managed, identifying and retaining the email can be difficult • When creating the discovery request, ensure that it is very broad-based

  8. Backups • Mirroring vs. periodic backups • Are backups backed up? • Where are backups stored? • Media can become obsolete • Online backups growing in popularity

  9. Vendor Issues • Third parties are used for many services • Email hosting • Email archiving • Data backup

  10. Vendor Issues • Obtaining ESI from vendors • Ease of access • Timeframe • Format • Cost

  11. Removable Media • CDs, micro drives, USB drives, SD cards, etc. • Removable media is very difficult to control • Even more difficult to inventory and track

  12. Text Messages • Banks are beginning to allow the use of text messages in their daily processes • Retention issues will surface • What authenticity issues will arise? • ‘Interoffice’messaging

  13. Personal Devices • BYOD has become the norm • How are personal devices incorporated or considered in retention plans? • Devices are • not always secured properly • frequently change hands

  14. ESI in Unknown Locations • Can result from redistribution (ex: forwarded messages, messages sent to self, etc.) • Can result from unrestricted web mail (ex: OWA) • Can be present on • Home computers • Unauthorized/unknown personal devices

  15. IT Departments are not all created equal

  16. You Can’t Manage What You Can’t Measure • Organizations must create & maintain an inventory of all electronic records • A retention policy and schedule should be defined and followed

  17. You Can’t Manage What You Can’t Measure • IT Departments sometimes have difficulty with both of the previous items • Not all processes can be automated • Resources are often limited • Data is in many places and it changes constantly, with or without their knowledge

  18. Financial cost to produce electronic records can be high, but penalties for not producing information can be extreme

  19. Is your data secure? Lisa D. Traina, CPA, CITP, CGMA Info@TrainaCPA.com or (225) 308-1712 @TrainaCPA

More Related