eDiscovery Preparedness – Data Processing

Director, Review Services and Counsel

July 16, 2021

After potentially relevant electronically stored information (ESI) has been identified, preserved, and collected, it must be processed. Processing is converting the ESI to a usable format for review and analysis. Before processing the ESI, agreement should be obtained on processing specifications. Many processing decisions are common, and agreement on these issues is generally non-contentious.

One primary decision is how you will deduplicate the data. This is important due to the volumes of duplicate records that are typical for any enterprise. Deduplication will reduce the volume of documents that will need to be hosted in a review platform and ultimately reviewed for relevance. … Read More

What Ontario Courts are Saying about Redaction of Confidential or Sensitive Information

Catia Amorim

Associate

July 13, 2021

The Superior Court of Justice recently reiterated the test to be met when it comes to redaction of otherwise relevant documents.

In Marsella v. BDBC, 2021 ONSC 3276, a wrongful dismissal case, the plaintiff sought production of unredacted copies of certain documents in the defendant’s Schedule A. The documents at issue were created during an internal investigation which led to the plaintiff’s dismissal and contained the names of non-parties to the litigation.

Arguing for disclosure, the plaintiff posited that there was no evidence to show that the redacted information was sufficiently confidential or sensitive in nature that disclosure would result in “significant harm or prejudice” to BDBC or any non-parties. … Read More

eDiscovery Preparedness – Custodian Interviews

T. James Cass

Manager, Review Services and Senior Counsel

July 7, 2021

Custodian interviews are an important and necessary part of the identification phase of an eDiscovery project. Early interviews are necessary to develop a proportionate and defensible discovery plan.

The purpose of the interview is to:

identify the cast of characters,
the relevant time periods,
the potential sources of electronically stored information (ESI), and
confirm that the individuals understand the legal hold requirements.

If custodian interviews are not done there is a risk that the relevant information won’t be preserved and collected or conversely that too much data is preserved and collected. … Read More

eDiscovery Preparedness – Discovery Planning

Candice Chan-Glasgow

Director, Review Services and Counsel

June 22, 2021

Previous blog posts have discussed document management systems and provided some tips that can be implemented prior to a dispute or investigation, such as the creation of a Data Map at the outset of an eDiscovery project. This article focuses on discovery planning and agreements with opposing parties on the scope and nature of the eDiscovery process and exchange of data. During this phase, the parties and respective counsel must work with their document management systems used and the data that is available from all relevant sources.

Discovery planning allows parties to discuss and obtain disclosure of information needed to identify any document issues early in the process. … Read More

eDiscovery Preparedness – Data Mapping

T. James Cass

Manager, Review Services and Senior Counsel

June 17, 2021

Once a dispute has arisen your enterprise will be required to preserve and produce records relevant to the issues in the dispute. This is referred to as the “Identification” phase of an eDiscovery project. As part of this phase, you need to identify the location of potentially relevant data. The identification phase involves understanding the location and nature of the data, and the people involved. This article will address the location and nature of the data, also referred to as a “Data Map”.

A Data Map is required to maintain appropriate records of the project and will assist in creating a defensible and most efficient preservation and collection plan.… Read More