Protecting the Record: Security Best Practices for Complex Litigation

By Jacob Mathai, Chief Information Officer

Excerpt from Attorney At Work, September 1, 2026.

As a case becomes more complex, so too does the challenge of protecting the record, ensuring security and privacy are strictly maintained. Keeping confidential data secure requires more than just the protocols established by the parties involved in a case; it must extend to every ancillary vendor those parties employ

Let’s walk through some best practices for protection, including understanding your data’s journey, establishing clear guardrailsand following through with structured due diligence.

First, Map Where Your Data Lives

Most security gaps start with a simple problem: No one has a complete picture of where the data actually lives. Start by creating a data map for each matter, covering:

  • Recordings (remote or in-room).
  • Real-time feeds and rough drafts.
  • Certified transcripts.
  • Exhibits (native files, PDFs, demonstratives, physical items).
  • Correspondence (email, collaboration tools, secure portals).
  • Internal work product (memos, outlines, deposition prep, research).

Best Practice: Establishing a thorough inventory is non-negotiable when protecting the record from invisible security gaps. For each data category, note who hosts it, how it is protected, who has access and how long it is retained. This often reveals unmonitored shared drives, stale links, personal devices storing case materials or vendor platforms no one has vetted.

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