Digital White Papers

Litigation and Practice Support — May 2015

publication of the International Legal Technology Association

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Page 18 of 44

ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG 19 AHEAD OF THE COLLECTION CURVE Collecting data for e-discovery can range from simple — involving just email — to more complex, with proprietary systems and non-standard file types. In addition, more litigations and most government investigations now require collections to include information such as metadata and/or native files. But all too often such requirements are not fully understood by the litigation teams at the outset of the case or investigation, driving up internal processing costs. Building a sound data collection strategy in the early stages of discovery can assist law firms and corporate general counsel with cutting review costs and avoiding expensive do-overs. Building a sound data collection strategy starts with knowledge. All litigation attorneys must have a basic understanding of native file formats and the valuable metadata within these files. Information such as an email message's Sent Date, To and From, or an electronic file's Author or Create Date are lost when these files are converted to PDF, rendering the contents of the files unsearchable. Couple this with a sound data copy methodology that retains and maintains metadata to formulate a good collection strategy. Getting ahead of the curve entails understanding not only what you are looking for, but also how to make it easier to find. Construct a data map of the client's IT system to document items such as number of servers, server locations, email systems, document management systems, etc. Once this data map has been established, a more sound and comprehensive collection strategy can be formulated and executed. Creating a data map not only assists with the collection strategy, it also is an important step in creating a repeatable, defensible and documented e-discovery workflow process that can be presented in court if needed. No matter the collection size, these tips can help you stay ahead of the curve. by Imraan Bhatti of Keno Kozie Associates Ahead of the Collection Curve

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