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E-Discovery

 

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 sheer volume of data
  • The frequency of duplicate documents from the multiple data sources
  • The preservation requirement to protect the original document and the preservation of metadata.
  • The reviewer must own all the programs in order to open the document for the review.

 

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.

 

Document Processing

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.

 

Document Production

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

Suite 1

Southfield, MI 48075

 

info@computer-forensics.net

This website is not intended to provide legal or professional advice. The site is merely a starting point to learn about the topics listed. While we attempt to maintain current, complete and accurate information we accept no responsibility for errors or omissions.