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Are You Holding What I Think You Are Holding?

By Ganesh Vednere

It is the big day. The IT manager is due in court to support his company's case and to demonstrate that the company has established and followed proper procedures to search, process, secure and produce evidential IT records pertaining to the case. He has been prepared and coached on what to say and when and how to say it. This particular case is critical to the organization and any missteps could potentially result in adverse inference, substantial fines and even loss of reputation. The company really does not want be on the losing side.

The IT manager takes the stand. Opposing counsel begins to question the IT manager and the first 10 minutes of the ensuing discussion go fairly well. The IT manager describes the organizational processes to: search and gather relevant IT information relevant to a case; inform appropriate concerned parties; apply holds to documents; secure e-mails; and how applications/systems back-ups are performed and retained.

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