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ESI Risk Assessment Questionnaire

To assess your risk, answer Yes or No to the questions below.

If more than 6 of your answers are different than those indicated below, your organization likely faces substantial risk.

 

About Your Organization

Do you operate in a highly regulated or litigious industry? 

Do you do business in North America? 

Do you have a cross-functional team of legal and IT personnel to evaluate
your ESI risk? 

Have you been the target of more than five legal cases involving ESI in
the last 24 months?  

Has your organization acquired data on backup tape via M&A activity in
the past 7 years? 

About How You Manage Legacy Data (ESI 36 months or older)

Does your organization store substantial amounts of data on backup tape? 

Are you 100% confident that you know where all your legacy data is
physically located? 

Are all of your backup tapes stored in a highly secure facility? 

Have you taken measures to consolidate all historical ESI in a single place? 

Do you preserve all metadata associated with all your potentially
responsive data? 

About Your Information Governance Practices

Do you have an email archiving solution deployed to proactively
prepare for litigation? 

Does your organization apply (and enforce) retention policies
uniformly to all ESI? 

Have you automated the application of legal holds on ESI that is 36 months
or older? 

Do you have a media destruction plan? If so, have you enforced it? 

About Your In-house eDiscovery Expertise

Do you have internal IT experts trained on how to process data for eDiscovery? 

Do you have experts that can testify in court to the defensibility of
all of your ESI? 

Have your IT staff been trained on how to track chain-of-custody for eDiscovery? 

About Your Ability to React to Urgent eDiscovery Requests

In case of an unexpected eDiscovery request, do you have a standard operating plan in place, outlining who is accountable for what and when?  

Can you effectively react to an eDiscovery request in less than 90-120 days? 

If data must be processed for immediate eDiscovery, do you have the technology and processes to be assured that every piece of data and metadata is captured? 

Can you support a full breadth of data, software, and media formats for eDiscovery processing? 

Do you have a secure data processing facility, where data is tracked for optimal data defensibility? 

Do you have access to Early Case Assessment tools so you can analyze what data you have before the expensive review process begins? 

Do you have advanced eDiscovery tools already in place (or with a technology partner) to assist with analysis and review? 

 

     Related Information

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