Litlock

Solution to the Duties of

THE PROBLEM: THE LAW REQUIRES PARTIES WHO REASONABLY ANTICIPATE LITIGATION TO TAKE IMMEDIATE STEPS TO PRESERVE ELECTRONICALLY STORED INFORMATION AND PAPER DOCUMENTS
It is counsel’s duty to advise and guide clients to preserve potentially relevant evidence
Paper files are simple, but forensically-sound preservation of Electronically Stored Information presents new challenges to lawyers and their clients.
Courts require that Metadata in Electronically Stored Information be preserved.
Insufficient preservation effort creates risk to counsel and client of loss of data, inability to authenticate data, or court findings of spoliation of evidence.
Parties and their counsel are not usually equipped or competent to preserve data and metadata in a forensically-sound manner.
Even if possible, selecting documents for copying is not safe or advisable.
Selecting all relevant materials at the earliest stage of dispute is difficult and risky.
Locating all data required is difficult and time consuming, with high risk of omitting important data.
Client’s continued use of live data will affect metadata, compromising and complicating later efforts to capture data missed during the first copying efforts.

Clients are resistant to huge investment in expensive data mining, particularly at the beginning of a case.
Often there is no need to pay for extensive review services at the outset of a dispute.

An independent service preserves data, without the expense and complications of e-discovery services and review.
Duties of counsel and parties to preserve electronically stored information are discharged quickly, with minimal expense and trouble.
Data is available for client and counsel, as needed.
Counsel can use working copies for review or production, independently or through counsel’s choice of vendor.
Client can return to using its data normally.

Brief survey to client to identify data locations.
Counsel and client direct what data sources should be captured.
Litlock^sm technicians go to client’s location with equipment required to capture entire drive contents.
Only data sources identified and selected by clients and counsel are captured.
Minimal interruption of client’s business routines.
Captured data is replicated to two working copies.
Captured image of client data can be delivered to counsel or client, or can be securely stored using available Litlocker^sm service.
Client and counsel have working copy available for searching or production.
Working copies of data are available for e-discovery services if needed.
Client and counsel can return to business as usual.

Captured client data is securely stored in vaults with 24/7 security, and access restricted to authorized Litlocker^sm service providers.
Upon authorized request, client data is made available for use by counsel or client for court, deposition, expert review or discovery.
When no longer needed, client data can be returned as a backup, or securely destroyed.