"Perform an internal investigation and early case assessment. Get ahead of the curve by getting early insight into the facts of the case, which allows you to assess the risks and whether or not settlement makes sense. Interview employees at different level and perform early case assessment (ECA) on real-time data, applying advanced analytics to uncover relevant information across all electronically stored information (ESI). These steps will frame the factual information and provide a foundation for cooperation.
Be prepared to place relevant documents under legal hold. Once you anticipate regulatory action or litigation, you must have a complete preservation of all relevant electronically stored information for all identified custodians. This is an important part of the amended rules of civil procedure. Relevant information must be locked down in real-time and securely collected when needed, and an organization must provide documentation about its processes and chain-of-custody to validate and confirm the completeness and accuracy of preservation procedures and implementation. Legal hold technology that preserves relevant information in email archives and centralized servers is a starting point; however, don't overlook the need to preserve information on PDA's, laptops and desktops. With the increasing mobility of the workforce, a large percentage of that information never gets stored on the corporate network, leaving an organization vulnerable to FRCP infractions and resulting sanctions or fines. Instant messaging, video conferences and voice recordings of phone conversations between lenders and customers can't be ignored as well."