Peer to Peer Magazine

P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 1 9 29 eDiscovery Drivers Electronic discovery, or eDiscovery, is a process in which electronically stored information (ESI) is captured, collected and preserved, then culled and reviewed to find the relevant data for use as evidence in a lawsuit, investigation, audit or regulatory review. Ensuring that potentially relevant ESI is protected against inappropriate alteration or destruction. This may include issuing legal hold notifications to custodians instructing them not to delete any data that might be relevant to the case. PRESERVATION Gathering ESI in a forensic and defensible way, from all devices and platforms with potentially relevant data, for further use in the eDiscovery process (processing, review, etc.). COLLECTION Locating potential sources of ESI and determining their scope, breadth and depth. Custodian questionnaires (CQs) aid counsel in winnowing down a broad custodian list to those who have the most involvement or are closest to the matter. Early case assessment (ECA) allows counsel to quickly glean insight into your data to help you determine case strategy, assess risks and predict cost. IDENTIFICATION Evaluating ESI for relevance and privilege. Tools like technology assisted review (TAR), an iteration of AI, automatically classify large volumes of documents and are redefining the way we review ESI. REVIEW Litigation Regulatory Compliance Investigations and Audits Benefits of eDiscovery What's Discoverable? Discoverable data is data that can be used as evidence in litigation. Photographs Apps IoT data Computer documents (even deleted docs) Company databases Metadata (data about the data) Website content Getting your electronic house in order to mitigate risk and expenses should eDiscovery be necessary, from initial creation of ESI (electronically stored information) through its final disposition. This can include outlining and implementing data policies, assessing privacy risks and improving the organization's security posture, mitigating legal risks, improving IT efficiency and more – all to ensure unified governance. INFORMATION GOVERNANCE Source: EDRM: https://www.edrm.net/ ©2019 BIA (Business Intelligence Associates, Inc.) All rights reserved. (888) 338-4242 | biaprotect.com Reducing the volume of ESI and, if necessary, converting it to forms more suitable for review and analysis. PROCESSING Evaluating ESI for content and context. Searching for key patterns, topics, people and discussion. ANALYSIS Delivering ESI to others, using the appropriate forms and delivery mechanisms. PRODUCTION Displaying ESI before audiences (at depositions, hearings, trials, etc.), especially in native and near-native forms, to elicit further information, validate existing facts and positions or persuade an audience. PRESENTATION What Is eDiscovery? The eDiscovery Reference Model (EDRM) A visual framework for eDiscovery Audio/visual recordings Emails Data stored in the cloud or on backup tapes or hard drives Social media content Phone records Chat conversations Text messages Helps you find the smoking gun Find the key documents needed to make your case. Assists with case strategy Prepare for your legal matter and ensure your case is worth taking to court. Allows for business intelligence Reference data from previous matters to inform decisions about future cases. * What is a "custodian"? A person in control of data relevant to the legal matter. * D O W N L O A D T H E I N F O G R A P H I C https://bit.ly/2lLRSrD » What Is eDiscovery? B Y B R I A N S C H R A D E R , E S Q . W hen two parties are involved in a lawsuit, discovery is an essential step of the legal process, allowing each party to request information from the other that can be used to build their respective cases. As digital technologies have gradually changed the way we work and communicate, the process of discovery has evolved as well. Today, legal teams use electronic discovery, or eDiscovery, in which electronically stored information (ESI) is captured, collected and preserved, then culled and reviewed to find relevant data that can be used as evidence in a lawsuit, investigation, audit or regulatory review. A wide variety of data types can be discovered through this process, including audio/visual recordings, photographs, emails, apps, data stored in the cloud or on backup tapes or hard drives, IoT data, social media content, computer documents (even ones that have been deleted), phone records, company databases, chat conversations, text messages, website content and even metadata (data that gives context to other data). eDiscovery begins with identification of potential sources of ESI and people who are potentially in control of relevant data (known as custodians). Next, steps are taken to preserve that data, including issuing legal hold notifications to any custodians so that relevant data isn't deleted. All potentially relevant ESI is then collected from any devices or platforms in a forensic and defensible way. Then, it's processed to reduce the volume of data and convert it into a form that makes review and analysis easier. The review stage, which incorporates technolo- assisted review (TAR) and AI tools, helps locate specific documents in large groups of data. In the analysis stage, the data is further evaluated for content and context. Files that are produced use appropriate forms and delivery mechanisms, and they can be then presented at depositions, hearings, trials and other forums. Organizations can mitigate the risk and expenses of eDiscovery through a process known as information governance, in which they outline and implement data policies, improve their security posture, improve IT efficiency and more. Successful eDiscovery can help an organization find key documents that could make their case, assist with legal preparation and ensure your case is worth taking to court, and help inform decisions about future cases. ILTA

• Cover