Practical Tips For Managing E-Discovery

This article addresses current topics in the preservation, collection and review of electronically stored information.

The first step after receiving a demand for ESI is to initiate a hold procedure that preserves relevant materials. Don’t assume the company server houses all relevant ESI. As the number of devices used by employees has multiplied, it is imperative to be aware of ESI stored on devices outside the office. Even information that is outside the office may be within the company’s “custody or control.”

Storage devices are another source of ESI. Most of the data will be largely duplicative of the ESI on the “live” network, but it is important to understand the relationship between them. Archive systems, for example, may capture only portions of documents or alter metadata. To issue an effective litigation hold and a complete collection, IT professionals should be consulted about the relevant differences.

While new technologies such as predictive coding are gaining ground, they remain cost prohibitive for most standard e-discovery needs. The traditional method of designing and applying search terms continues to be the preferred method for reducing a large collection of ESI to a manageable review set.

Designing an effective search to achieve responsive ESI is a crucial task. The terms must be broad enough to capture all potentially relevant materials without pulling in too many irrelevant documents. As ESI multiplies, crafting precise terms is an important component of cost-saving efforts.