Seven Elements of Bulletproof Internal Investigations

Elements of Bulletproof Internal Investigation

Quantum’s Jeff Johnson has published the article “Seven Elements of Bulletproof Internal Investigations” in The Metropolitan Corporate Counsel magazine.

This article explains the correlation between the oft-cited goal of Rule 1 of the Federal Rules of Civil Procedure – to provide the “just, speedy and inexpensive determination of every action” – with the triple constraints of the project management triangle (Scope, Time and Cost).

Federal Rules of Civil Procedure

 

The Proportionality Triangle™ is explained as a strategic model for preparing for discovery negotiations by identifying potential positions and supporting arguments. It also discusses the Proportionality Worksheet and how the Proportionality Triangle can serve as a framework for a structured series of role-playing exercises to sharpen e-discovery negotiating skills.

Propotionality Triangle

 

Poorly designed and inadequately executed internal investigations today will have significant costs down the road It is crucial to think with the end in mind. So how can IT, legal, and HR professionals consistently work together on internal investigations that stand up to scrutiny later on, even years later? The acronym PROTEST highlights the most critical elements of any internal investigation of electronic information, including email, loose files, and databases.

Preservation – Preserve electronically stored information
Range – What is the scope of the investigation?
Organization – Form and outline a plan in writing.
Team – Engage stakeholders
Execution – Implement the plan.
Chain of Custody & Logs – Document the process
Tools – What tools are needed to execute the plan?

 

Due to the many ESI collection, processing, search, decryption & TAR options available in any discovery matter, Quantum specializes in consulting with parties from a technical perspective regarding the framework set forth in Federal Rule 26(b)(2) to settle upon an approach that is proportional to the needs of the case, the amount in controversy, the parties’ resources, and the importance of the proposed discovery in the matter.

Founder & Principal Consultant
Quantum E-Discovery

Jeff believes in saving time and money in e-discovery by applying a variety of analytics tools early in a case, well before moving content to expensive final review platforms. Over the past 20+ years he has accumulated a variety of tools that can be applied as needed in specific situations. Learn about Jeff’s e-discovery philosophy here.