Identify – Part of the “DSi Five Factors EDD Processing Model”
Counsel, clients and vendors should meet prior to data acquisition so they may properly map the network(s) in question. Thus, all relevant data stores are properly identified and the groundwork is laid for collection.
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There Are Numerous Sources That Data Can Be Collected From
Once there is a reasonable expectation that certain data could be relevant to litigation, a litigation hold should then be implemented. This will show that a reasonable effort was made to preserve all potential evidence. This hold includes all data potentially relevant to the matter, as well as standard data deletion based on the company’s data retention policies. These data stores include phones, PDA’s, laptops, desktops, servers, CD’s, DVD’s, floppy disks, GPS, backup tapes, voice mail, and a gambit of other storage media and collaboration systems. These preprocess of outlining data locations and collection methods are highly important to the soundness and efficiency of the data collection itself. With the proper information regarding the data, the collection team can be completely prepared for the task.
Note: During the process of identifying data relevant to a matter the creation of a network diagram will help facilitate a much faster and efficient data collection. The creation of a network diagram is generally created by a meeting of the internal corporate IT/IS staff, counsel and consultants. Once created the identification of relevant media and devices can become an efficient process.
List of Most Common Data Sources
PC / Laptop Data
Once the relevant custodians are identified, we will see if they have a PC and/or laptop that contain potentially relevant information. One caveat to this is the use of home PC/Laptops for business use. If this does occur, it will be up to counsel to decide if this information is discoverable. It is generally understood that any information contained on a home PC/Laptop is likely contained on their workstations or network servers.
Server / Network Data
Relevant network data is generally identified though custodian interviews and/or questionnaires where they can let counsel know where they store possibly relevant information on the computer network. Through speaking with IT/IS we can also attempt to identify areas of the network that were accessible to the identified custodians.
Email Data
Generally, there are four main areas of possible email data. These locations are as follows:
- Email Servers
- Local Machine / Archives
- Network Location / Archives
- Backups
Another possible area of interest in regards to email is any webmail platforms that may be of use. While and webmail system that is integrated into the business email environment is likely covered in the items above, any use of personal webmail (i.e., Gmail, yahoo, hotmail, etc.) for business use can make that information possibly relevant. If this does occur, it will be up to counsel to decide if this information is discoverable.
SharePoint Data
SharePoint data is an often-overlooked area of data storage and communications. This can be an area with vast amounts of information. By the use of questionnaires and/or communications with IT/IS we will identify if there is SharePoint servers available to the indentified custodians and if there is possibly relevant information contained within them.
Virtual Machines
With the expanding use of virtual machines comes the necessity of identify if these are possible locations for data storage. Due to the way that virtual machines are maintained these are fairly easy to handle.
Mobile Data
Most mobile phones, smart phones and PDA’s have some sort of communication abilities built into them. With much communication, happening via these mobile devices, it is important to identify if these items will be discoverable in the matter. Counsel can work with IT and consultants to get a clear understanding of the usage of the devices. We can handle the collection of over 2,200 handheld devices including SIM cards, Phones, PDA and GPS.














