15
I L T A N E T . O R G
E
very organization creates electronic
data, and that data is being generated
at a faster rate now than ever before. In
fact, the amount of data produced by a
typical company is growing by an average
of 63% every month, according to a survey by Matillion
and IDGD Research. Further, the same study found that
the average organization collects data from 400 sources,
including computers, websites, phones and social media —
inundating them with external data as well.
Amid this data tsunami, it's understandable
that many organizations lose track of how all their
electronically stored information (ESI) is being kept,
organized and managed. However, it's never been more
critical to have a handle on it — especially because that
digitized information could be needed in a legal event, be
it a lawsuit, arbitration, investigation, audit or regulatory
review.
Electronic discovery, or eDiscovery, results from
a legal event where ESI must be identified, preserved,
collected, searched and reviewed to find data relevant to
the matter at hand. Because of the often-sensitive nature
of those legal events, as well as the rules and regulations
that apply in many cases, the entire process must follow
certain procedures. Protocols should be established to
assure the data is appropriately located, securely collected,
safely transferred, and not corrupted or changed in any
way during that whole process. Doing this correctly also
preserves the metadata of the original files, which can be
just as important as the content of the files themselves.
In eDiscovery, every matter is different and
necessitates an approach tuned to the current situation.
Depending on the case, client and circumstances, the
eDiscovery process will need to be adjusted to assure that
appropriate methods are utilized to accomplish proper
preservation and collection efforts. That's why it's essential
that eDiscovery be handled not by a single person, but
by a team with a range of professional experiences and
credentials.
We recommend assembling a team comprising four
core roles:
1. An ESI expert,
2. A forensics expert,
3. An experienced document review and analytics
expert utilizing trusted platforms, and
4. An experienced and competent project manager.
Let's take a closer look at why each of these specialties is
important and how they fit together.
ESI Expert
The digital landscape for organizations only continues to
get more complex, spurred by the ongoing introduction of
new devices, apps and other technologies. That's why it's
vital to include an ESI expert who is well-versed in the
constantly growing variety of electronic information, the
data types that exist and the proper ways to handle data
throughout the process.
An ESI expert will be crucial for overseeing the
identification, collection, and review stages of eDiscovery.
This person also can weigh in on production protocols
proposed by both a client's counsel and the opposing
counsel to help develop a plan for a smooth eDiscovery
process that checks every box and avoids unnecessary and
often wasteful costs. Deficient processes or even seemingly
innocuous language can have an enormous impact on
your overall costs.
This professional should have a deep understanding
of the many places data can reside — such as file servers,
email systems, social media platforms, databases, personal
devices, wearables, complex industrial systems and the
1
