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DA 7

Woodhead
Level 3
From testing litigation hold:

1 - if you create a case with litigation hold selected:
     If you perform a search, but do NOT review the results, items can be deleted and expiry will delete old items.
     Items reviewed as not relevant can be deleted.
    Items reviewed as relevant cannot be deleted.

My question(s)
I know other marks can be created, however. . .
Can you create marks that prevent the deletion or expiration of reviewed items? (say an HR mark as 'containing bad language, or SEC violates restriction)
If so, how? I know how to create marks, but see no method of determining which ones prevent deletion.
1 ACCEPTED SOLUTION

Accepted Solutions

Liam_Finn1
Level 6
Employee Accredited Certified
 Woodhead

to comment on what you state above

If you create a case with legal hold enabled
If you perform a search in that case and do not accpet the case then yes the items can be deleted but once you accept the search then the hold that is on that case will also be applied to the search and therefore the items will not be expired


Items reviewed as not relevant but in a search that is accepted can not be deleted as a hold applies to all items in a search even if marked as not relevant

Marks have nothing to do with holds or deletions, Holds are on a case basis so no mater what mark you have on an item unless the search is accepted into a case and the case is on hold the items can expire




View solution in original post

6 REPLIES 6

Liam_Finn1
Level 6
Employee Accredited Certified
 Woodhead

to comment on what you state above

If you create a case with legal hold enabled
If you perform a search in that case and do not accpet the case then yes the items can be deleted but once you accept the search then the hold that is on that case will also be applied to the search and therefore the items will not be expired


Items reviewed as not relevant but in a search that is accepted can not be deleted as a hold applies to all items in a search even if marked as not relevant

Marks have nothing to do with holds or deletions, Holds are on a case basis so no mater what mark you have on an item unless the search is accepted into a case and the case is on hold the items can expire




Woodhead
Level 3
I have deleted 'not relevant' items personally that were returned as part of a litigation hold search. I have also seen expiry delete search results from a discovery search that was under litigation hold.

Merely running the search and not accepting the results does not appear to protect any of the results from deletion.

TonySterling
Moderator
Moderator
Partner    VIP    Accredited Certified
Liam is correct, the Legal Hold is applied on the case level for all items that have been accepted in a case.

I think you might want to try your test again.  I bet if you go back to your case you can still view those items that you think are expired.


Liam_Finn1
Level 6
Employee Accredited Certified
 Woodhead,

Don't forget if you have a solution or answer to your question please mark the appropriate answer as the solution



Woodhead
Level 3
I documented both tests. Based on the response, I re ran the same test a second time.
The second time, results were as expected. However, since I exxentially ran the same test/ searches, etc. I do not know why the results were not the same as the first test.

However, that brings up a second question - why do thing marked not relevant not expire?

Liam_Finn1
Level 6
Employee Accredited Certified
 Because the search is part of the case and any item associated with the case is put on hold the marks are to help the end users identify items within the data gathered. If it is within a search that has been accpeted to a case then everything within the case is held