Break the “Collect Everything” Mind Set

A 2014 IDC report notes that the digital universe – the data created and copied annually – is doubling in size every two years. This presents challenges for IT and legal professionals, as companies try to preserve, collect, process and review information.

Moreover, ESI is increasingly showing up in locations outside corporate control, including employee-chosen cloud repositories, as well as employees’ personal mobile devices, which have become commonplace in today’s BYOD workplace.

The approach of many corporations is driven by fear of spoliation and sanctions. That has led to a “collect everything and sort it out later” mind set. Unfortunately, what seems like the safe approach is actually more risky. Collecting “everything” is too costly, and increasingly difficult to do. Worse, it can lull corporations into a false sense of security. Defensible weeding of data requires investment in information governance and BYOD policies. Companies must educate employees on guidelines for their employee-owned devices.

Legal holds are the foundation of sound preservation practices. With defensible and intelligent processes, corporations are able to demonstrate “good faith” in their preservation efforts, and are thereby in a better position to negotiate favorable terms when scoping discovery in the meet-and-confer.

It’s time to break the “collect everything” mind set. The combination of fear and litigious gamesmanship between parties is driving up costs and does not meet the goal of FRCP rule 1, “…to secure the just, speedy and inexpensive determination of every action and proceeding.”