eDiscovery Explained - The Ultimate Guide

This guide explains the eDiscovery process in a simple to understand format.

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Identification

Determining what data is required, who the custodians are (who has control over it) and where the data located.

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Preservation

Ensuring the identified data is not deleted or modified.

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3

Collection

Copying the data into a secure repository.

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Processing, Review & Analysis

Reducing the collected data set down to relevant information.

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Production

Producing the information to the other party.

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Presentation

Presenting the information during trial.

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Here’s some examples of data that could be identified as containing relevant information: Emails, Social Media Content, Text Messages, Voicemail, Instant Messages (Skype, Viber, WhatsApp etc.), Documents, Spreadsheets, Calendar Files etc. All data from these devices is known as ESI (electronically stored information).

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ESI can be collected from numerous devices, such as phones, tablets, laptops, desktops and any other source that stores electronic data, including, but not limited to networked drives and online sources such as websites, apps and databases in the cloud.

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Many electronic files also have associated data called “metadata”. For example, an image file may have metadata that includes when the picture was taken, where the picture was taken, the camera model, etc. Document metadata may include properties such as when the document was created, last modified, the author’s name, the time spent editing etc.

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All this ESI can add up to a lot of data, it even has a term – “Big Data”. Big data results in increased costs (more discovery data to analyze), and an increased risk of spoilage (improper handling of ESI).

eDiscovery Stages

As mentioned, the electronic discovery process consists of multiple stages. In 2005, a model was developed as a framework that outlines the stages. It’s called the Electronic Discovery Reference Model (EDRM).

Electric Discovery Reference Model

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The EDRM diagram represents a conceptual standard for the e-discovery process. Meaning that it does
not have to be followed literally. It’s intended for discussion and analysis, rather than a definitive
approach.

Conclusion

Develop a strategy and plan for each legal discovery request. It is going to help reduce risks and costs.

Can your organization respond to a legal discovery request quickly? To avoid fines and legal sanctions, organizations need to be able to find relevant ESI quickly and easily.

Leveraging the EDRM framework will help you prepare and meet the deadlines of legal requests. Utilizing eDiscovery solutions will help you to be proactive and ready to respond efficiently, saving you time and money.

Not sure how to handle a project?

We’ll be happy to discuss your options and offer recommendations. QUiVX offers consulting and training at no additional cost on various database management tools to streamline the review process.

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