MIDDLE EAST POLITICAL MOVEMENTS MIDDLE EAST POLITICAL MOVEMENTS.
How Employee Movements Cause Major E-Discovery Risk [Infographic]
1
BEST PRACTICES FOR TRACKING EMPLOYEE MOVEMENTS Develop an IT / Legal / HR Workflow Define policies with IT and HR that enable legal team members in charge of managing your legal hold process to be alerted via your HR system when custodians leave the organizaon, transfer, or undergo another status change that might result in their data being deleted. Upgrade Technology to Automate Employee Movement Tracking Exterro’s Employee Change Monitor soſtware gives legal teams an early warning system to automacally detect HR personnel changes. LEGAL HR LEGAL HOLDS REMAIN WHEN EMPLOYEES MOVE 1 WHY SPOLIATION OCCURS DURING EMPLOYEE CHANGE CASE LAW UNDERLINES THE SERIOUSNESS OF THE PROBLEM Informaon on legal holds are oſten accidentally deleted or modified when employees change roles or depart. 60.6M “ 57.8M New U.S. Hires 1 7/14 – 7/15 New U.S. Separaons 1 7/14 – 7/15 Average annual employee separaon rate is 13 – 15% 1 Between turnover, layoffs, and changing posions in a large company, finding the individuals who know where the informaon may be is difficult.” —Fortune 500 Aorney Leave of absence, Rerement, Transfers, and Terminaons Spoliaon occurs because it’s oſten difficult to track employee devices and data when employees are constantly coming and going within organizaons. Current approaches used to track employee movements are manual and ad hoc, making it difficult to idenfy all of the data sources to collect from. How current organizaons are tracking employee movements 2 © 2015, Exterro, Inc. All rights reserved. 4145 SW Watson Ave., Suite 400 // Beaverton, OR 97005 1.877.EXTERRO // (p) 503.501.5100 // (f) 1.866.408.7310 // EXTERRO. SOURCES 1. Society of Human Resources Management 2. Exterro webcast poll Recycled Devices Deleted Email Accounts Purged File Shares Destroyed Paper Files AMC Technology v. Cisco Systems (N.D.Cal. July 15, 2013) Defendant failed to preserve ESI from a recently rered employee because IT wiped the employee’s laptop within 30 days of his rerement. Key custodian for defendant leſt the organizaon during the lawsuit; his files and his instant messages were destroyed. Court sanconed defendant with monetary fines and adverse inference instrucon. Day v. LSI Corp. (D. Ariz. 2012) Spreadsheets Data Mapping Standardized Communicaon Between Teams Sll Formulang a Process 0 10 20 30 40 50 60 16% 8% 32% 51% DETECT Employee status changes automacally trigger an analysis to determine if loss of data may occur ACT Employee status changes generate correcve acons such as creaon of a task or sending of an noficaon to designated legal team member 2 REASON TRACK Reference an audit trail that tracks every event and response for demonstrang compliance with e-discovery policies. IT REASON 3 REASON To learn more about Exterro’s Employee Change Monitor soſtware go to www.exterro.com HOW EMPLOYEE MOVEMENTS CAUSE MAJOR E-DISCOVERY RISK
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Process
BEST PRACTICES FOR TRACKING EMPLOYEE MOVEMENTS
Develop an IT / Legal / HR Workflow Define policies with IT and HR that enable legal team members in charge of managing your legal hold process to be alerted via your HR system when custodians leave the organization, transfer, or undergo another status change that might result in their data being deleted.
Upgrade Technology to Automate Employee Movement Tracking Exterro’s Employee Change Monitor software gives legal teams an early warning system to automatically detect HR personnel changes.
LEGALHR
LEGAL HOLDS REMAIN WHEN EMPLOYEES MOVE
1
WHY SPOLIATION OCCURS DURINGEMPLOYEE CHANGE
CASE LAW UNDERLINES THE SERIOUSNESS OF THE PROBLEM
Information on legal holds are often accidentally deleted or modified when employees change roles or depart.
60.6M
“
57.8MNew U.S. Hires1
7/14 – 7/15New U.S. Separations1
7/14 – 7/15Average annual employee separation rate is 13 – 15%1
Between turnover, layoffs, and changing positions in a large company, finding the individuals who know where the information may be is difficult.”—Fortune 500 Attorney
Leave of absence, Retirement, Transfers, and Terminations
Spoliation occurs because it’s often difficult to track employee devices and data when employees are constantly coming and going within organizations.
Current approaches used to track employee movements are manual and ad hoc, making it difficult to identify all of the data sources to collect from.
How current organizations are tracking employee movements2
© 2015, Exterro, Inc. All rights reserved. 4145 SW Watson Ave., Suite 400 // Beaverton, OR 97005
1.877.EXTERRO // (p) 503.501.5100 // (f) 1.866.408.7310 // EXTERRO.
SOURCES1. Society of Human Resources Management2. Exterro webcast poll
Recycled Devices
Deleted EmailAccounts
Purged FileShares
DestroyedPaper Files
AMC Technology v.Cisco Systems (N.D.Cal. July 15, 2013)
Defendant failed to preserve ESI from a recently retired employee because IT wiped the employee’s laptop within 30 days of his retirement.
Key custodian for defendant left the organization during the lawsuit; his files and his instant messages were destroyed. Court sanctioned defendant with monetary fines and adverse inference instruction.
Day v. LSI Corp. (D. Ariz. 2012)
Spreadsheets
Data Mapping
Standardized CommunicationBetween Teams
Still Formulating a Process
0 10 20 30 40 50 60
16%
8%
32%
51%
DETECTEmployee status changes automatically trigger an
analysis to determine if loss of data may occur
ACTEmployee status changes
generate corrective actions such as creation of a task or sending of an notification to
designated legal team member
2REASON
TRACKReference an audit trail that
tracks every event and response for demonstrating
compliance with e-discovery policies.
IT
REASON
3REASON
To learn more about Exterro’s Employee Change Monitor software go to www.exterro.com
HOW EMPLOYEE MOVEMENTSCAUSE MAJOR E-DISCOVERY RISK
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