Forensic acquisition of blogs, bridging the legal and IT gap with synchronized policies

Synopsis Part 1: Forensic acquisition of blogs, bridging the legal and IT gap with synchronized policies

Electronic
data discovery interview – Jamie Berry, Director of Litigation Consulting at Thomson West, (Part 1 of 2)

Jamie Berry is a director in Thomson West’s Baker Robbins and Co. litigation consulting practice. Berry previously worked at LECG. He also served as the national director for client services at Merrill Legal Solutions and the litigation support manager for the East Region of DLA Piper.

By Joshua Konkle writing for dcig.com
www.dcig.com

Joshua Konkle: How are you dealing with the forensic collection of Enterprise Blogs and Wikis?

Jamie Berry: These haven’t come into the scope of legal collection, but they will be and we are prepared to handle it as it arises because the data format is common – XML, HTML and Web 2.0 services.

Joshua Konkle: There appears to be some gap between what legal teams require to support eDiscovery and the capabilities available today in data management technology.  What advice do you have as a vendor trying to assist their clients in addressing litigation readiness challenges?

Jamie Berry: The must get their Electronically Stored Information (ESI) house in order, becoming more efficient in electronic data discovery response.  The first thing we ask our clients to do is answer these two questions:

1.    What do you do when you get a subpoena?
2.    What was the financial impact of previous cases?

Once we collect the responses to those two questions we have enough information to produce a gap analysis.  For example, when reacting to a subpoena, companies perform an IT infrastructure assessment, identifying the records, data and classifications, backup and restoration procedures to determine what data they can provide in response.  Due to the level of work involved some companies have chosen to outsource this activity, by using Applied Discovery’s managed service.

We started to deliver Managed Services with certain clients, addressing gap analysis and delivering holistic electronic data discovery plans for several years.  For the clients that have chosen this, it has greatly reduced the stress and risk that comes along with trying to find answers on their own.  We combine the experiences of each, while ensure integrity of service and intellectual property.

Joshua Konkle: There seems to be a disconnect between retention policies as written by legal counsel and technology capability.  What is your experience as a consulting director?

Jamie Berry: At first they seem disconnected by language used by legal versus language used by IT.  In many cases, the technologies are in place to affect policy, but having a good moderator in place is required.  At Applied Discovery, we spend time with our clients helping them bridge those policies to the technologies.  There are cases where a policy needs to be revisited so technology can be enacted.

Joshua Konkle: In your work with corporate legal counsel how do you help them synchronize their policies and their IT, what is the mood of legal counsel out there?

Jamie Berry: Corporate legal groups need to affect this upstream by calling the CIO and getting someone on a litigation readiness task force within their firm.  Applied Discovery focuses on getting the IT and Legal groups in the same meeting.  Moreover, attorney’s are becoming more proficient and understanding the issues related to data storage.  Having a basic understanding of technology is the start, similar to the way that physical boxes of data were stored and unitization markings, etc.

If
you would like to communicate with him directly, he can be reached at Jamie.Berry(at) thomson.com or by calling Thomson West at 1 800.328.9378.

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