BC Advantage - 2018 Issue 5

What is a Legal Hold and e Discovery Anyway

Whether I am assisting clients or presenting, I am often asked about legal holds and e-discovery. The transition from paper to electronic records, which include emails, computer faxes, protected health information ("PHI"), personally identifiable information ("PII") and documents that are created, received, maintained or transmitted in an electronic format created the need for specific rules, practices, policies and procedures surrounding these items. All potential evidence in a lawsuit. As such, organizations-whether big or small, for-profit, or not-for-profit-need to appreciate what can be done both proactively and reactively.The scope of these preservation duties is broad. They apply to business-related...

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