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

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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