“Transparency is indeed expensive, but it pales in comparison to the cost to a emocracy of operating behind a veil of secrecy.”
Judge Scheindlin wrote that line in a recent opinion out of the
Southern District of New York.
The case, Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, which was filed over two years ago, has now engendered
five judicial opinions.
The following list should make the discovery ride a bit less
1. Send out a litigation hold memo;
2. Select custodians and secure their ESI;
3. Search documents of key custodians who are current and
4. Specify keywords to identify documents — test your terms
and get help from employees;
5. Seek answers by interviewing employees about where relevant
data may exist (servers, social media sites, email, backup
6. Scribe — document the entire process and don’t hold back
on the details. Include dates, custodian interviews and
responses, keyword selection process, results of searches, and
the names of the people involved in the endeavor. There is no
such thing as too much documentation.