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 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 .
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.
Last year, Gibson Dunn issued a new series of client alerts covering the basics of what practicing litigators and corporate counsel should know about electronic discovery. There are 11 alerts ranging from general overviews to admissibility of electronic evidence. Also, a quick search of their publications page will return many other alerts and articles on the topic of e-discovery.
The Modern Archivist » Blog Archive » Best Practices: Manage Documents in Place and Collect Documents Automatically.
Manage-in-Place provides organizations with complete information governance while leaving the document on the source file system. This module allows our clients to search and analyze petabytes of data on disparate file servers without the need to archive that data. Our client can now use this module to search for and analyze their data at the touch of a button and to perform true early case assessment before a lawsuit has been filed or discovery requests served.
Once the documents have been searched for, analyzed and found to be potentially relevant, our new Automatic Document Collection module copies the files (with metadata intact of course) into the archive. The client does not need to ask for the IT Department’s help or hire an expensive eDiscovery vendor to perform a manual collection – now it is all automatic. And because the data is preserved for litigation so quickly there is little chance of a spoliation sanction.
Key Learning Point is that the automated collection feature in software today is increasing in popularity as legal teams and corporations look for ways to manage a defensible process.
For more on this topic look here