Did you know there’s two types of preservation triggers? This post by Exterro discusses navigating eDiscovery triggers and strategic disclosure!
The article titled (wait for it!) Navigating eDiscovery Triggers and Strategic Disclosure, available here) discusses that in eDiscovery, timing is a critical component of legal defensibility. The moment your organization identifies a potential legal dispute is an inflection point. By implementing a standardized framework for identifying preservation triggers and executing strategic disclosures, you ensure that your team applies early-stage intelligence before legal risk and data volumes compound.
An eDiscovery preservation trigger is an event that gives rise to an organization’s legal obligation to preserve relevant Electronically Stored Information (ESI) because litigation is “reasonably anticipated.” The moment a preservation trigger crosses an organization’s legal threshold, it mandates the official initiation of the eDiscovery workflow, including the issuance of legal hold notices. In a structured playbook (which Exterro discussed on a recent webinar they hosted and whitepaper they published), organizations must explicitly categorize trigger events to remove ambiguity and ensure a consistent response.
So, what’s the difference between standard triggers and complex triggers? What is a matter-centric framework? And what is a “Day One Letter”? Find out here, it’s only one click. Consider this the trigger you need to click! 😉
So, what do you think? Does your organization have a standardized framework for identifying preservation triggers and executing strategic disclosures? Please share any comments you might have or if you’d like to know more about a particular topic.
Image created using DALL-E 3, using the term “robot lawyer wearing a suit putting a chain and lock around a hard drive”.
Disclosure: Exterro is an Educational Partner and sponsor of eDiscovery Today
Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available 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 Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.