Electronic Discovery – Time Zone

Electronic Discovery - Time Zones

In a previous article, I began a discussion about processing electronic discovery. One of the decisions we need to make before we begin processing electronic discovery is related to time zone. Most of the software used in our industry to perform processing will require a setting for the time zone. If all of the email custodians are […]

Electronic Discovery – ESI

electronic discovery esi

Like many other “seasoned” litigation support professionals, I remember when businesses did not use email. By the time, email started showing up “at the office”, I was already working with litigators. So, I was helping with litigation discovery that was primarily in paper form and maybe a small portion of electronic files like WordPerfect documents. […]

Electronic Discovery – Password Protected Files

password protected ESI

In a previous article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. Later, I wrote a few articles about some issues that come up during the processing of electronic discovery. One was exceptions and the other was embedded objects. Another issue that we have to deal with, […]

Electronic Discovery – Exceptions

Electronic Discovery - Exceptions

In a previous article, I began a discussion about processing electronic discovery. Another step of the process is dealing with the exceptions. One result of attempting to process all of the electronic files is a list of files that were unable to be processed. We refer to these files as exceptions. The service provider usually incorporates a […]

Electronic Discovery – Embedded Objects

Embedded Objects

Another aspect of “processing” electronic discovery is our love/hate relationship with “embedded objects”. Okay, it really is more of a hate relationship. This is another example of technology getting in the way of practicing law. Here is the reality: The lawyer collects their client’s electronic documents so they can review them, before producing a subset […]

Electronic Discovery – Deduplication

Deduplication

In a previous article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. Now we will discuss one of the stages within the workflow of processing electronic discovery referred to as “deduplication”. Remember, the goal of processing is to get the electronic documents we collected into a format that we can easily […]

Electronic Discovery – DeNIST

In my last article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. Now we will discuss one of the stages within the workflow of processing electronic discovery referred to as “deNISTing”. Why did I type part of the word in all caps? Because it includes an acronym. We use the […]

Electronic Discovery – Processing

In previous electronic discovery articles, I discussed the Subpoena/CID, the Identification of Custodians, Collection, Chain of Custody and a Forensic Image. This article is the first of several where I will discuss topics related to the processing of electronic discovery. The term “processing” encompasses many steps which can make it one of the most difficult topics to […]

Electronic Discovery – Forensic Image

In previous articles, I discussed the Legal Hold, the Subpoena or CID, the custodian Identification process and Chain of Custody. Now we need to discuss a very important part of the collection process. In terms of best practices, any data collection should be handled very carefully to avoid changing the data in any way. However, the […]

Tips for an Effective Custodian Interview

Checklist

A case comes across your desk, your mind immediately jumps to what are the key issues and keywords that will help you identify responsive documents. In reality it’s not you who possesses the clues needed to locate this relevant information, it’s the custodians involved in the case. Interviews with these custodians should be the first […]

Moving from Reactive to Proactive E-Discovery

Reactive Proactive

While e-discovery is by nature a reactive process, legal teams can – and should – be leveraging their data for strategic legal purposes. Ideally, defense counsel should be able to determine within the first 60-90 days of the matter: (1) If there’s merit to the complaint (2) The likely scope of the e-discovery parameters (3) […]

Electronic Discovery – Chain of Custody

Chain of Custody

In previous electronic discovery articles, I discussed the Subpoena/CID, the Legal Hold, the Identification of Custodians, and the Collection. One very important component of the collection of electronic discovery is preservation of the chain of custody. If the collection process is being handled by forensic professionals, they have very strict procedures for maintaing the chain of custody. They […]

Electronic Discovery – Collection

Document Collection

In a litigation matter, after the subpoena is received and the custodians are identified, we begin to collect the client’s documents, both hardcopy and electronic. The document collections may be handled by the client’s IT staff and this can be a little concerning if the IT staff does not understand electronic discovery protocols. It is better […]

Electronic Discovery – Identification

Identification

After the subpoena is received, there is a constant stream of activity between the attorneys, the client in-house counsel and the opposing counsel. Litigation Support should be involved at some level during this stage. The attorneys will discuss the subpoena requests with the client and begin to identify potential people (custodians) that will be able […]

Electronic Discovery – Subpoena or CID

Subpoena

At the beginning of a litigation matter, a subpoena is received. The official name is Subpoena Duces Tecum. In addition to a subpoena from a government entity, there might also be an accompanying document referred to as a “Civil Investigative Demand (CID)” or a “Request for Information or Assistance“. A litigation support professional should always request a […]

Electronic Discovery – Blowbacks

In the electronic discovery industry, we deal primarily with data in its electronic form. However, there are instances where we receive requests to print the electronic documents to paper. The term we use for this is “blowback”. This term originated from the microfilm and microfiche industry. Typically, the electronic documents will be reviewed from within […]