Post Process

Everything to do with E-discovery & ESI

Mini Primer on E-Discovery

Posted by rjbiii on November 30, 2007

Metro. Corp. Counsel has posted an article giving a nice, concise overview of the electronic discovery process, including steps to take before a dispute begins:

Establish an ESI task force comprised of members from the legal department, IT, records, outside counsel and an ESI vendor. This team should begin by comparing paper retention periods to that of electronic data. In addition, they should also familiarize themselves with the network environment and the appropriate locations to preserve and collect data when needed. The team should then focus on streamlining and minimizing the preservation and collection process, and removing personal and administrative garbage from business records.

The article breaks e-discovery down into these categories:

  • Proactive Pre-disputes Steps to take
  • Preserving Data
  • Comparison of Preservation v. Collection
  • Processing of Digital Evidence
  • Review
  • Production

It’s a solid article, given the space constraints. I might have added a bit on identifying data sources and key players, which one must do before preservation, but that’s nit picking.

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