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 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, 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

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?

Early case assessment – Getting Started (ECA)

Early case assessment – Wikipedia, the free encyclopedia.

I would recommend learning about early case assessment by reviewing the Wikipedia entry on ECA first. Then take a look at the article by Eric Barnum that discusses ECA with or without technology. This article is critical to understanding the attorney point of view as well as the fact that lawyers have been doing ECA for decades and it really has nothing to do with e-discovery. However, because of e-discovery, it is not a step in the litigation process that can be skipped. And finally, George Socha and Tom Gelbmann bring everything together in a recent article from Law Technology News.

Understanding How E-Mail Works


This month’s column begins a series on understanding e-mail that’s geared to the not-too-technical reader. My goal is to instill the “e-mail is a database” mindset that will help you meet the challenges of collecting, searching, reviewing and producing e-mail in electronic discovery.

via Traffic Jam.

This is an article by Craig Ball for Law Technology News.

PART 2 can be found here. Did you know that an e-mail message is a “report?”

It’s generated by an invisible query and built of select fields of information culled from a complex dataset, then presented to you in an arrangement determined by your e-mail client’s capabilities and user settings.

Gibson Dunn – 2010 Mid-Year Electronic Discovery and Information Law Update

Gibson Dunn – 2010 Mid-Year Electronic Discovery and Information Law Update.

Law firm report reviews e-discovery trends for the first half of 2010.

Topics addressed include:

  • Sanctions
  • the application of FRE 502
  • Privilege
  • Search Methodology
  • Proportionality
  • Preservation
  • Cooperation
  • Social Networking
  • Government EDD Responsibilities
  • International EDD

Update: Whenever a major report like this one is published, you can expect many industry experts & service providers to offer their observations and interpretations. This can be extremely valuable beyond reviewing the raw data of the report as information is translated into key trends, best practices and practical ideas for improving your e-discovery process.

The e-Discovery Team / Ralph Losey

The eDiscovery Paradigm Shift

Legal Technology Today

Liquid Litigation

I’m sure I’ll add a few more over the next few weeks …