Discovery is typically the most time-consuming and expensive aspect of any legal dispute. This article provides some practical guidance and key tips for minimizing risk and cost for enterprises involved in disputes or regulatory matters that require the production of electronically stored information (ESI).
The most effective way to minimize eDiscovery cost and risk is to start with good document management and retention policies. While document management and retention are substantive and complex areas, there are a couple things that do not require software or expenditure that can make a substantial difference. … Read More
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
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