Methods and apparatuses for communicating preservation notices and surveys

• US 8,572,227 B2
• Filed: 11/13/2009
• Issued: 10/29/2013
• Est. Priority Date: 03/27/2009
• Status: Active Grant

• Current Assignee: Bank of America Corp.
• Original Assignee: Bank of America Corp.
• Inventors: Toomey, Brian L., Whalen, John N. Jr., Hobart, Eric B.
• Primary Examiner(s): Duong, Oanh
• Application Number:
  US12/618,443
• Publication Number:
  US 20100250644A1
• Time in Patent Office: 1,446 Days
• Field of Search: 709/203, 709/206, 709/223, 705/311, 715/742, 434/362
• US Class Current: 709/223
• CPC Class Codes: G06Q 10/06 Resources, workflows, human or project management; Enterprise or organisation planning; Enterprise or organisation modelling
• CPC Class Codes: G06Q 10/10 Office automation; Time management

Abstract

In general, embodiments of the present invention relate to methods and apparatuses for managing electronic discovery, and more particularly, for communicating a preservation notice and/or a survey to and/or from a custodian in an enterprise. For example, in some embodiments, a method for electronic discovery management is provided, where the method includes: (1) creating an electronic discovery matter; (2) adding a custodian to the electronic discovery matter; (3) creating a preservation notice and/or a survey; and (4) communicating, via a network, information associated with the preservation notice and/or the survey to the custodian at a data storage device accessible to the custodian.

Claims

1. A method for electronic discovery management, the method comprising:

creating an electronic discovery matter;

adding a custodian to the electronic discovery matter;

creating, automatically upon adding the custodian to the electronic discovery matter, a preservation notice for the custodian, wherein the preservation notice is an indication to preserve data for the electronic discovery matter;

customizing the preservation notice for the custodian to an abbreviated form based on whether the custodian has previously received a preservation notice either for the electronic discovery matter or a different electronic discovery matter, wherein the customized preservation notice is abbreviated based on the custodian'"'"'s familiarity with preservation notices and electronic discovery process;

communicating, via a network, the customized preservation notice to the custodian at a data storage device accessible to the custodian, wherein communicating the customized preservation notice to the custodian is triggered by the adding of the custodian to the electronic discovery matter and the creating of the preservation notice for the custodian;

receiving information associated with an acknowledgement of the customized preservation notice from the custodian;

communicating, via the network, automatically upon acknowledgement of the customized preservation notice, a customized survey to the custodian at the data storage device, wherein the survey comprises one or more questions relating to data and data storage devices which the custodian has access, wherein the customized survey is customized to the custodian based on the custodian'"'"'s familiarity with surveys and the electronic discovery process;

receiving a survey response from the custodian, wherein the survey response comprises answers to one or more questions on the customized survey;

associating previously unknown data with the custodian based at least in part on the survey response from the custodian;

identifying data from devices associated with the custodian;

locating the identified data from the devices associated with the custodian; and

collecting, automatically, the identified data from devices associated with the custodian for electronic discover management.

2. The method according to claim 1, wherein communicating, via the network, information associated with the customized preservation notice further comprises communicating, via the network, the customized preservation notice to the custodian at the data storage device.

3. The method according to claim 1, further comprising creating the customized survey.

4. The method according to claim 1, wherein communicating, via the network, information associated with the customized survey further comprises communicating, via the network, the customized survey to the custodian at the data storage device.

5. The method according to claim 1, further comprising creating the customized preservation notice.

6. The method according to claim 1, further comprising communicating, via the network, information associated with a reminder notice to the custodian at the data storage device, wherein the information associated with the reminder notice comprises a reminder for the custodian to acknowledge the customized preservation notice.

7. The method according to claim 1, wherein the customized preservation notice comprises information associated with a status of one or more preservation notices or one or more surveys.

8. The method according to claim 1, wherein the customized preservation notice further comprises a link to the customized preservation notice.

9. The method according to claim 1, wherein the customized preservation notice comprises functionality configured to permit the custodian to identify one or more other custodians to add to the electronic discovery matter or to receive the customized preservation notice.

10. The method according to claim 1, further comprising linking the customized preservation notice to the custodian in the electronic discovery matter, and wherein linking the customized preservation notice to the custodian further comprises automatically triggering communicating, via the network, the customized preservation notice to the custodian at the data storage device.

11. The method according to claim 1, further comprising linking the customized survey to the custodian in the electronic discovery matter, and wherein linking the customized survey to the custodian further comprises automatically triggering communicating, via the network, the customized survey to the custodian at the data storage device.

12. The method according to claim 1, further comprising communicating, via the network, the customized preservation notice to a holds portal accessible to the custodian.

13. The method according to claim 1, further comprising utilizing the information associated with the survey response to associate previously unknown data storage devices and/or data to the custodian.

14. The method according to claim 1, wherein the customized preservation notice is customized based at least partially on a familiarity of the custodian with preservation notices and/or electronic discovery processes.

15. The method according to claim 14, wherein the customized preservation notice is customized to include types of data storage devices or data that is relevant or to not include said examples based at least partially on the familiarity of the custodian with preservation notices and electronic discovery processes.

16. The method according to claim 1, wherein the customized preservation notice includes a legal hold which precludes the custodian from accessing one or more data storage devices and/or performing certain tasks.

17. The method according to claim 1, wherein the customized survey is customized based at least partially on a familiarity of the custodian with surveys and/or electronic discovery processes.

18. The method according to claim 1, wherein the customized survey is customized to the custodian such that no custodian receives the same survey.

19. An electronic discovery management system, the system comprising:

a communication interface operatively connected to a network; and

a processor operatively connected to the communication interface and configured to;

create an electronic discovery matter;

add a custodian to the electronic discovery matter;

create, automatically upon adding the custodian to the electronic discovery matter, a preservation notice for the custodian, wherein the preservation notice is an indication to preserve data for the electronic discovery matter;

customize the preservation notice for the custodian to an abbreviated form based on whether the custodian has previously received a preservation notice either for the electronic discovery matter or a different electronic discovery matter, wherein the customized preservation notice is abbreviated based on the custodian'"'"'s familiarity with preservation notices and electronic discovery process;

instruct the communication interface to communicate, via the network, the customized preservation notice to the custodian at a data storage device accessible to the custodian, wherein communicating the customized preservation notice to the custodian is triggered by the adding of the custodian to the electronic discovery matter and the creating of the preservation notice for the custodian;

receive information associated with an acknowledgement of the customized preservation notice from the custodian;

instruct the communication interface to communicate, via the network, automatically upon acknowledgement of the customized preservation notice a customized survey to the custodian at the data storage device, wherein the survey comprises one or more questions relating to data and data storage devices which the custodian has access, wherein the customized survey is customized to the custodian based on the custodian'"'"'s familiarity with surveys and the electronic discovery process;

receive a survey response, wherein the survey response comprises answers to one or more questions on the customized survey;

associate previously unknown data with the custodian based at least in part on the survey response from the custodian;

identify data from devices associated with the custodian;

locate the identified data from the devices associated with the custodian; and

collect, automatically, the identified data from devices associated with the custodian for electronic discover management.

20. The system according to claim 19, wherein the processor is further configured to create the customized survey.

21. The system according to claim 19, wherein the processor is further configured to create the customized preservation notice.

22. The system according to claim 19, wherein the processor is further configured to instruct the communication interface to communicate, via the network, information associated with a reminder notice to the custodian at the data storage device, wherein the information associated with the reminder notice comprises a reminder for the custodian to acknowledge the customized preservation notice.

23. The system according to claim 19, wherein the information associated with the customized preservation notice comprises information associated with a status of one or more preservation notices or one or more surveys.

24. The system according to claim 19, wherein the processor is configured to link the customized preservation notice to the custodian in the electronic discovery matter, and wherein linking the customized preservation notice to the custodian automatically triggers the processor to instruct the communication interface to communicate, via the network, the customized preservation notice to the custodian at the data storage device.

25. The system according to claim 19, wherein the processor is configured to link the customized survey to the custodian in the electronic discovery matter, and wherein linking the customized survey to the custodian automatically triggers the processor to instruct the communication interface to communicate, via the network, the information associated with the customized survey to the custodian at the data storage device.

26. The system according to claim 19, wherein the processor is further configured to instruct the communication interface to communicate, via the network, the customized preservation notice to a holds portal accessible to the custodian.

27. The system according to claim 19, wherein the processor is further configured to associate previously unknown data storage devices and/or data to the custodian based, at least in part, on the information associated with the survey response.

28. A computer program product comprising a non-transitory computer-readable medium having computer-executable program code portions stored therein, wherein the computer-executable program code portions comprise:

a first program code portion configured to create an electronic discovery matter;

a second program code portion configured to add a custodian to the electronic discovery matter;

a third program code portion configured to create, automatically upon adding the custodian to the electronic discovery matter, a preservation notice for the custodian, wherein the preservation notice is an indication to preserve data for the electronic discovery matter;

a forth program code portion configured to customize the preservation notice for the custodian to an abbreviated form based on whether the custodian has previously received a preservation notice either for the electronic discovery matter or a different electronic discovery matter, wherein the customized preservation notice is abbreviated based on the custodian'"'"'s familiarity with preservation notices and electronic discovery process;

a fifth program code portion configured to communicate, via a network, the customized preservation notice to the custodian at a data storage device accessible to the custodian, wherein communicating the customized preservation notice to the custodian is triggered by the adding of the custodian to the electronic discovery matter and the creating of the preservation notice for the custodian;

a sixth program code portion configured to receive information associated with an acknowledgement of the customized preservation notice from the custodian;

a seventh program code portion configured to communicate, via the network, automatically upon acknowledgement of the customized preservation notice, a customized survey to the custodian at the data storage device, wherein the survey comprises one or more questions relating to data and data storage devices which the custodian has access, wherein the customized survey is customized to the custodian based on the custodian'"'"'s familiarity with surveys and the electronic discovery process;

an eighth program code portion configured to receive a survey response from the custodian, wherein the survey response comprises answers to one or more questions on the customized survey;

a ninth program code portion configured to associate previously unknown data with the custodian based at least in part on the survey response from the custodian;

a tenth program code portion configured to identify data from devices associated with the custodian;

an eleventh program code portion configured to locate the identified data from the devices associated with the custodian; and

a twelfth program code portion configured to collect, automatically, the identified data from devices associated with the custodian for electronic discover management.

29. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to create the customized survey.

30. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to create the customized preservation notice.

31. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to communicate, via the network, information associated with a reminder notice to the custodian at the data storage device, wherein the information associated with the reminder notice comprises a reminder for the custodian to acknowledge the customized preservation notice.

32. The computer program product according to claim 28, wherein the information associated with the customized preservation notice comprises information associated with a status of one or more preservation notices or one or more surveys.

33. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to link the customized preservation notice to the custodian in the electronic discovery matter, and wherein the sixth program code portion automatically triggers the fifth program code portion.

34. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to link the customized survey to the custodian in the electronic discovery matter, and wherein the ninth program code portion automatically triggers the sixth program code portion.

35. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to communicate, via the network, the customized preservation notice to a holds portal accessible to the custodian.

36. The computer program product according to claim 28, further comprising a thirteenth program code portion configured to associate previously unknown data storage devices and/or data to the custodian based, at least in part, on the information associated with the survey response.

37. A method of using an electronic discovery management system, the method comprising:

establishing a network connection between the electronic discovery management system and a data storage device accessible to a custodian;

creating an electronic discovery matter;

adding a custodian to the electronic discovery matter;

creating, automatically upon adding the custodian to the electronic discovery matter, a preservation notice for the custodian, wherein the preservation notice is an indication to preserve data for the electronic discovery matter;

customizing the preservation notice for the custodian to an abbreviated form based on whether the custodian has previously received a preservation notice either for the electronic discovery matter or a different electronic discovery matter, wherein the customized preservation notice is abbreviated based on the custodian'"'"'s familiarity with preservation notices and electronic discovery process;

transmitting the customized preservation notice to the custodian at the data storage device, wherein communicating the customized preservation notice to the custodian is triggered by the adding of the custodian to the electronic discovery matter and the creating of the preservation notice for the custodian;

receiving information associated with an acknowledgement of the customized preservation notice from the custodian;

transmitting, automatically upon acknowledgement of the customized preservation notice information associated with a customized survey from the electronic discovery management system to the custodian at the data storage device, wherein the survey comprises one or more questions relating to data and data storage devices which the custodian has access, wherein the customized survey is customized to the custodian based on the custodian'"'"'s familiarity with surveys and the electronic discovery process;

receiving a survey response from the custodian, wherein the survey response comprises answers to one or more questions on the customized survey;

associating previously unknown data with the custodian based at least in part on the survey response from the custodian;

identifying data from devices associated with the custodian;

locating the identified data from the devices associated with the custodian; and

collecting, automatically, the identified data from devices associated with the custodian for electronic discover management.

38. The method according to claim 37, further comprising creating the customized survey.

39. The method according to claim 37, further comprising communicating, via the network, information associated with a reminder notice to the custodian at the data storage device, wherein the information associated with the reminder notice comprises a reminder for the custodian to provide a survey response to the customized survey.

40. The method according to claim 37, further comprising linking the customized survey to the custodian in the electronic discovery matter, and wherein linking the customized survey to the custodian further comprises automatically triggering communicating, via the network, the information associated with the customized survey to the custodian at the data storage device.

41. The method according to claim 37, further comprising communicating, via the network, the customized survey to a holds portal accessible to the custodian.

42. The method according to claim 37, further comprising utilizing the information associated with the survey response to associate previously unknown data storage devices and/or data to the custodian.