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Records Management and Electronic Discovery (eDiscovery) present significant challenges today due to the enormous amount of information that organizations create and maintain on a daily basis.  This coupled with inadequate data ownership identification and use of cloud-based resources creates an overwhelming challenge to identify information, its location, ownership and relevance when it comes to discovery requirements.  It is becoming financially burdensome in the face of legal sanctions and penalties for failing to meet the expectations of federal courts.  Organizations view discovery response as a single instance issue when in fact it is a complex records management challenge that should be addressed across the organization.

Eleventh Hour Can Help You Be Ready for What’s Next

Eleventh Hour, a leading strategy and consulting firm, has the necessary expertise and knowledge in building successful eDiscovery programs.  With experience in records, privacy, program management and legal technologies, we have a proven record of developing ediscovery programs and bringing them online to operational capacity.  Our goal is to ensure that our clients have repeatable, defensible processes and preparedness mechanisms that allow them to engage in the “meet and confer” in control of both data and procedures.

Eleventh Hour Approach and Service Offerings

eDiscovery is a process that integrates various components of an organization, drawing from each of their capabilities to fulfill the needed legal requirements.  Eleventh Hour helps our clients overcome eDiscovery challenges by addressing processes that bring together workflow across the Electronic Discovery Reference Model (EDRM).  We help shape workflow, aligning it with better decision making efforts that lead to better eDiscovery strategies.

Using a defensible approach that meets the organization’s business and discovery response requirements is paramount to the success of any eDiscovery program.

Integration of RM, Privacy and Freedom of Information Act.  Eleventh Hour ensures that information risk management processes comply with regulations by employing best practice redaction mechanisms in all of our solutions to minimize exposure/leakage of sensitive information.

eDiscovery Program Implementation.  Eleventh Hour develops an integrated eDiscovery methodology that incorporates the necessary governance, policies, plans and procedures to generate repeatable results, allowing clients to estimate costs and staff requirements accurately.  We identify resources, tasks, tools and technologies needed to incorporate a chain-of-custody rigor.  Eleventh Hour serves as the program manager for program implementation, developing communication plans, data policy, roles, work streams, and security plans.  We can assist with the technological approach to scanning and retrieving electronically stored information (ESI) on an organizational level.

Program Compliance, Audit and Integrity Analysis.  Eleventh Hour conducts the necessary assessment and gap analysis of the current state of eDiscovery.  Inclusive of custodian, IT and RM arenas; compliance with legal hold requirements and identification of spoliation avoidance techniques; and approaches to program improvement.  We develop a road map for each domain of eDiscovery.

Systems and Data Scope Definition.  Eleventh Hour works to define the litigation and compliance profile of organizations and the key roles of the custodians.  We work with counsel, IT and business owners to create an organization-wide data map of the IT infrastructure, compliant with Rule 26 of the FRCP.  Processes include the contributions of subject matter experts to provide the appropriate level of detail in the areas of legal, IT, RM, privacy and information management.  Through our due diligence, we document categories and business life cycles for each role.  We offer strategy options and recommendations based on risk level, cost reduction, volume and accessibility of data in the identified systems.   Further, we can provide data storage policies and retention timelines, indicating systems that store data over time.  Discovery search and retrieval capabilities are included while simultaneously providing legal compliance and appropriate privacy.

Systems and Electronic Data Management and Protocol Definition.  Eleventh Hour develops records management tools and procedures for maintaining email systems, file servers, backup systems and media, desktop/laptop assets (and asset management systems), and other systems regularly inquired for litigation.  We provide insight into backup and archival procedures, preservation and litigation hold execution.

Paper Records Management Protocol Definition.  Eleventh Hour configures and develops procedures for RM systems, end-user paper document management procedures, file room management procedures, and litigation hold execution procedures.  Litigation hold execution procedures are incorporated into the end-user guide and file room management guide.

Litigation Support Operations Development.  Eleventh Hour defines and operationalizes litigation support.  We help organizations define business needs, select and implement legal systems, vet vendors and services, develop EDRM process and procedures, and acquire and train talent.

Discovery Management.  Eleventh Hour leads discovery efforts.  We help organizations establish their methodology, processes, and management approach in investigatory or litigation situations.  We are adept at managing all phases of discovery, and utilize our vast network to plan and resource discovery projects of all sizes.

 

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