ELECTRONIC DISCOVERY

In today's digital age, most of the information exists in electronic formats, making it crucial for
legal proceedings to adapt to these technological advancements. Electronic discovery, or e-Discovery,
refers to the process of seeking, locating, securing, and searching electronic data with the intent of using it
as evidence in civil or criminal legal cases. Let's delve into the key components and procedures involved
in e-Discovery.

What is E-discovery
The primary focus of standard e- discovery is the collection of active data and metadata from multiple
hard drives and other storage media. Litigation can be supported by active data (information readily
available to the user, such as e-mail, electronic calendars, word processing files, and databases), or by
metadata (that which tells us about the document's author, time of creation, source, and history)

Why e-Discovery ?
• 90% documents created today are in electronic format
• 90 billion or above the number of business emails sent and received each day majority of information
these days is electronic and can potentially be sought as evidence in a court of law
• Additionally, with the sheer amount of data available and regulatory and legal compliance requirements
continuing to evolve, organizations face new challenges when it comes to information retention and
governance.

Understanding the terminology is crucial for navigating the e-Discovery process effectively. Terms like
ESI, Custodian, Metadata, Spoliation, and Legal Hold play pivotal roles in managing and processing
electronic data for legal purpos
Electronic data exists in various forms, including text-based documents, images, moving images, sound
files, web archives, and emails. Recognizing these different formats is essential for comprehensive e-
Discovery.
Text based - .doc .pdf .txt .wpd.xls.ppt.html
Images -.bpm.gif .jpg .tiff
Moving Images - .avi.mov .flv .mpeg.swf.wmv
Sound - .au.mp3.mp4.ra.wav.wma
Web Archive - .ar.mhtml.warc
Email - .pst.ost .msg .dbx.eml .mht ht

What constitutes Data and what is Metadata?

 Data in the eDiscovery sense includes the content on the face of an email or document as well as
any other information about the email or document.
 Metadata is a broad term that encompasses all of the information about a document that is not
visible to the user; data about data. This is structured information about an electronic file that is
embedded in the file, but not normally visible when viewing a printed or on screen rendition of
the document, that describes the characteristics, origins, usage and validity of other electronic
files

The E-discovery process is often broken down into a multiphase model known as the Electronic
Discovery Reference Model (EDRM). The nine components of the model represent steps in the
EDiscovery Process.

The e-Discovery process follows a structured model known as the Electronic Discovery Reference Model
(EDRM). Understanding the phases of EDRM, including Information Management & Identification,
Preservation, Collection, Processing, Review, Analysis, Production, and Presentation, is crucial for
effective e-Discovery execution
PHASES OF E-DISCOVERY
 Each phase of e-Discovery involves specific tasks and procedures aimed at efficiently managing
electronic data for legal purposes. From information management and identification to preservation,
collection, processing, review, analysis, production, and presentation, each step contributes to the
comprehensive handling of electronic evidence.
Effective information management is the foundation of successful e-Discovery. It involves implementing
strategies to control how electronic data is stored and managed, facilitating the identification of relevant
data and ensuring compliance with legal requirements.
Failure to comply with legal obligations regarding e-Discovery, such as preservation and spoliation, can
lead to severe consequences, including sanctions and negative impacts on legal proceedings.
Understanding these obligations and mitigating risks is essential for organizations involved in litigation.

Phase 1: Information Management & Identification

This involves a corporation's efforts to control how electronic data is stored and managed. It includes
strategies to manage data volume and facilitate the identification of relevant information in the event of a
discovery request.
Identification
When litigation is anticipated, the General Counsel must issue a Legal Hold to all individuals
(Custodians) who may possess relevant data. A robust information management plan helps identify where
each custodian's information resides for preservation.

Phase 2: Preservation
Once litigation is reasonably anticipated, the corporation has a legal duty to preserve potentially relevant
information. Failure to preserve data properly can result in spoliation, leading to sanctions or negative
impacts on the case.

Phase 3: Collection
Collection involves acquiring Electronically Stored Information (ESI) for eDiscovery purposes. Vendors
may image computers or copy ESI from company devices for later processing and review.

Phase 4: Processing
External vendors often handle processing tasks to reduce the data set for review and production. Tasks
may include data or metadata extraction, de-duplication, filtering, and data conversion.

Phase 5: Review
Attorneys, with or without technological assistance, review collected ESI for relevance and privilege.
This phase includes the culling process to identify pertinent documents and activities such as redaction.
Phase 6: Analysis
Analysis involves evaluating ESI to extract relevant summary information, such as key case topics and
important documents. This process may occur concurrently with or prior to review to inform case
development.

Phase 7: Production
Relevant documents are provided to various recipients for use in legal proceedings. Additionally,
documents may be formatted for use in other systems to facilitate further analysis and collaboration.

Phase 8: Presentation
Documents deemed important to the case are presented at depositions, to opposing counsel, or at trial.
Effective presentation of evidence is crucial for supporting legal arguments and influencing case
outcomes.

The e-Discovery process is a meticulously structured journey that navigates through various
phases, each essential for efficiently managing electronic data in legal proceedings. From the initial steps
of information management and identification, through preservation, collection, processing, review,
analysis, production, and finally presentation, every stage contributes to the thorough examination and
utilization of electronic evidence. By adhering to best practices in information management, organizations
can proactively prepare for potential litigation and streamline the identification of relevant data when
legal obligations arise. Preservation ensures the integrity and availability of data, safeguarding against
spoliation and potential legal repercussions. The careful collection and processing of Electronically
Stored Information (ESI) lay the foundation for thorough review and analysis, empowering legal teams to
extract pertinent insights crucial for case development. Through effective production and presentation of
evidence, legal arguments are substantiated, and case strategies are fortified, ultimately influencing the
outcome of legal proceedings. As technology continues to evolve and the volume of electronic data
proliferates, a robust understanding of the e-Discovery process and its intricacies becomes increasingly
indispensable for legal practitioners and organizations alike.