1. law, govt and politics

AlotaYotta, LLC
Corporate and Legal Document Services
Retention Plans
Legal Hold Services
Document Spoliation Remediation
Document Reviews and Production Services
Does your organization have a legally adequate document retention plan which would meet both
state and federal law requirements?
General George S. Patton once said, "A good plan today is better than a perfect plan tomorrow."
This has never more true than when it comes to legally defensible preservation of ESI.
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If your company doesn’t have a document retention plan, it needs one now, not after there has
been a “triggering event”.
o If adequate preservation has not been done before a “triggering event”, and relevant
ESI has been destroyed, you are opening your company to sanctions and judgments
o Has there been adequate education with the relevant personnel within your organization
has to what constitutes a “triggering event” and what needs to be done immediately
after such an event?
o If your company does have a document retention plan, when was the last time it was
evaluated for compliance with changes in state and federal law requirements?
What is a document retention plan?
A document retention plan will:
o Identify sources of ESI and other documentation that must be preserved
o The type of preservation that must be performed
o The personnel who are to be responsible for that preservation
o Defining and putting into place a process for ensuring that the preservation is performed
regularly
o Monitoring the success of preservation
o Identification of “triggering events”
o Defining and putting into place a process that needs to be followed after “triggering
events”
o Monitoring the success of the specific documents required for preservation by the
“triggering event”
o Defining and putting into place a process to prevent spoliation
o Development and implementation of a process for remediation if spoliation occurs
o Development of strategies for legal defense of preservation based on the document
retention plan
What are the best practices for document retention?
o Educating relevant personnel on what the law requires
r.premont@alotayotta.com
www.alotayotta.com
310.993.5323
AlotaYotta, LLC
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Educating relevant personnel on the best practices for document retention
Ensuring your document retention plan utilizes those best practices
Selection of appropriate personnel for utilization of those best practices
Monitoring the performance of the document retention plan
Is your company aware of off-site document retention alternatives which provide
appropriate security of your data
AlotaYotta, LLC has document management and retention services to safeguard your data.
Why does it matter?
 The risks of nonperformance mean:
o Multimillion dollar discovery sanctions against your company
o Denial of presentation of evidence in litigations
o Decisions in opposing party’s favor in litigations
o Multimillion dollar judgments against your company
This is why legally defensible document retention plans are a must have for every business!
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Is your company exercising best practices in “legal hold” procedures?
o Does your company have a formal “legal hold” plan in place?
o Does that plan identify the appropriate personnel who need to be informed of the legal
hold plan?
o Are the appropriate personnel aware of the legal hold plan and what is included?
o What training plan is in place for those personnel?
o Does that legal hold plan identify and include appropriate non-employees and other
entities?
Does it comply with legal requirements?
o Does the plan include the latest legal requirements
o Have the personnel carrying out the “legal hold” been trained on those legal
requirements
o Does the plan have provisions for monitoring that the proper “legal hold” requirements
have been followed and have appropriate personnel been identified and assigned to
such compliance review
o Does the plan include remediation plans and strategies in the event of noncompliance
Does it incorporate best practices?
o Do the relevant personnel know what the best practices are in terms of different types of
ESI and other documentation
o Do the relevant personnel know how to handle spoliation
o Are appropriate preservation options put in place to avoid legal consequences of
discovery noncompliance
r.premont@alotayotta.com
www.alotayotta.com
310.993.5323
AlotaYotta, LLC
What can your company do to avoid spoliation and if spoliation has occurred what can be
done to remediate and recover lost documentation?
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Has your company identified possible sources of spoliation
o Are relevant personnel aware of what is spoliation and what are legal best practices to
avoid spoliation
o Are there regular business procedures in place which would result in spoliation and
have they been identified
o Is there a plan in place to prevent spoliation when “triggering events” and/or “legal
holds” occur
o Has your company identified spoliation that may have already occurred
o What can your company do when spoliation occurs
AlotaYotta, LLC has services to recover your data in the event of spoliation.
Is your company making both the most economical and the best legal practice choices for its
Litigation/Risk Management document reviews?
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Is your company aware of the requirements for a legally defensible document review
o Is there a plan in place for identifying required documents
o Is there a plan in place for identifying all sources of those required documents
o Is there a plan in place for collection of those required documents
o Have the appropriate personnel been identified for collection of those documents
o Have those personnel been trained on what is a legally defensible collection of
documents
o Is there a plan in place to ensure that the collection of documents is legally defensible
o Have the appropriate protocols been put in place to avoid self-selection of documents
and other legal issues
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Is your company using the most economical and legally defensible document review
procedures
o Is your company aware of the latest computer assisted document review programs
which can minimize the cost of document review while at the same time providing a
legally compliant document review
o AlotaYotta, LLC has document review services to reduce your litigation costs and
provide a legally defensible document review and production of those documents in
litigation
r.premont@alotayotta.com
www.alotayotta.com
310.993.5323