Crisis Control: Best Practices for Emergency E-Discovery and Incident Response
A set of steps and best practices that legal teams can follow to ensure thorough and efficient handling of e-discovery in crisis situations.
November 22, 2019 at 09:30 AM
7 minute read
This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.
The day the mine collapsed in the Atacama Desert, the world held its breath. Across time zones and over months, we watched in simultaneous disbelief and hopefulness as rescuers worked to reach the men trapped below. As humanity does in all major crises—energy plant explosions, oil spills, commercial fires—we shared in awe and concern at the first responders working to save lives and contain the damages. In these emergencies, what most don't recognize is that the events span far beyond first response on the ground. Behind the scenes, and long after the news cameras stop rolling, a separate set of teams are triggered, preparing for and managing the extensive legal and investigative processes that follow.
Under the intense emotion and stress inherent in crisis circumstances, legal teams orchestrate short term e-discovery to uncover who knew/knows what relating to the crisis and events leading up to and immediately following it. They assess the breadth of damage and injury in the moment as the crisis unfolds, alongside launching longer-term investigations into what caused the accident and any potential negligence or wrongdoing that occurred. Getting to the facts quickly is critical to prepare for litigation, government investigations and potential criminal charges, and to expedite restitution for victims.
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