Who should an e-discovery response team consist of?
Ngue: That depends on the size of the company and the complexity of their legal issues. The discovery team for a company like Oracle will be very different than that for a company with annual sales of $50 million annually. It is most important that there is some legal representation by a person who is very aware of all the issues facing the company. It is also a very good idea to integrate with the IT function and let them know you have to separate back-up and archives from evidence related to lawsuits as well as how to monitor and track that relevant information. It is also desirable to include those with regulatory functions, such as knowledge management and auditing. Finally, it is always good with respect to policies, such as back-up tapes or the deletion or destruction of ESI, to have a routine interview with the actual staff to make sure that policy matches what is actually done on the ground. Editor: How can corporate counsel work better with IT when preparing for and responding
