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A survey about data was conducted in 2002 to determine where all the data created in that year was stored. The result showed that ninety-two percent of all data created in 2002 was stored on hard drives. Other surveys about business data indicate that between fifty percent and seventy-five percent of all business data (depending on the survey) never gets printed. This trend is important for litigators because all litigation is going to require the handling of electronically stored information or ESI.
The major issues for the litigator to handle ESI are:
The e-discovery production process is designed to reduce the effect of these issues to improve the speed and efficiency of the client’s privilege review. The reduction of the data volume and the ease in which documents are handled during the review far offsets the cost in attorney fees.
Your expert must work closely with the attorney and the client to help determine the best approach for the data harvest and production based on the needs of the case. We will then work with IT personnel and advise on simple techniques in the harvest that can improve the efficiency of the document production. If a forensic preservation is required, our team of forensic examiners can be dispatched to preserve data (including metadata) in the field using accepted computer forensic technique that is repeatable and defensible.
The production process in itself is a flow so data can be loaded and produced on an as-needed basis. Typically, clients will have priority custodians so that data is loaded first.
The data is loaded into a database whereupon a de-duplication process is performed. However, e-mails are de-duplicated differently than electronic documents and there are different ways to handle the output of de-duplicated documents. These options will be discussed during the initial production interview. The obvious question is how much of a volume reduction will there be from de-duplication and it is impossible to predict.
The next step in the production is a keyword search that will pull responsive documents from the database. Again, it is impossible to predict the reduction of the data as it depends on the quality and number of the keywords.
The final product of the document processing is a dataset of potentially responsive documents that need to be reviewed by the client for the ultimate production to the opposing side.
The final stage is to prepare the dataset for your review based on the client’s specification. The production can also be produced for any of the on-line repositories that the client prefers.
Center for Computer Forensics
21800 Melrose Ave
Southfield, MI 48075
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