Introduction to E-Discovery: Technology (Part 2 of 5)

We are learning about ESI Preservation and Collection for week two of our series on e-discovery technology. This is technology used in support of electronic discovery projects. Following the phases or stages laid out in the EDRM (Electronic Discovery Reference Model found at www.edrm.net) we will take a look at the technology used for each phase (these are not endorsements, simply examples):

Preservation

Preservation is a topic of great importance but exactly how important it is is often realized too late in the discovery process. Today’s e-discovery lesson provides a few articles that not only define preservation in an e-discovery context but also include ideas and recommendations for preparing to preserve data. Technology and software applications designed to meet this need in the marketplace come from both the left and the right of the EDRM as corporations try to plan ahead with improved information governance policies and law firms work to advise clients in the early planning stages of litigation.

Definition Preservation Obligations, ABA article

Software – Download a free copy of the Gartner Industry Report on e-discovery software here .

Collection

The collection and harvesting of electronically stored information is also, often a not-well-thought-out part of the discovery plan. The question of how “forensically defensible” the collection needs to be is the starting place for developing your collection plan. Start here with a few basics about collection and collection technology…

Definition – EDRM Guide

Software EDJ Tech Matrix, Law.com article

 

Next week, we will share a few foundational resources for processing ESI.

Avoiding E-Discovery Heartburn (Michigan Bar Journal)

pdf4article1813.pdf (application/pdf Object).

It is possible to reduce ESI anxiety by effectively managing
electronic discovery: being proactive in defi ning the scope, understanding
preservation obligations and protections, and taking
reasonable steps calculated to protect potentially relevant information
(PRI).

Parties to a case
in a Michigan state court can (and should) proactively discuss
key ESI questions:
Will ESI come into play t • o a signifi cant degree?
• What ESI will be preserved?
• How will ESI be searched and what date, divisional,
organization, and geographic limitations will apply?
• How will ESI be produced?
• What, if anything, will be necessary to authenticate
ESI for trial?