Description
Gain an understanding of electronic discovery and the information necessary when negotiating the scope of discovery early on in a case.
With the rapid growth and fluid nature of electronically stored information (ESI), many wellinformed lawyers and legal teams are unclear about the differences between the four major sources of data and how collection implications can impact negotiations with opposing parties. This presentation will help legal teams to assess the costs and benefits associated with the collection and processing of various types of data. The differing processes of collecting and reviewing ESI involve varying levels of technological sophistication, data interpretation, and costs. This presentation will provide legal teams the background and information necessary when negotiating the scope of discovery early on in a case.
Date: 2022-09-15 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
Active Data
• Easiest to Retrieve
• Least Costly
• Emails, Standard Office Documents Like Word, Excel, and Powerpoint, Instant Messaging and Social Media
Archival Data
• Requires Restoration
• Costs Vary on Volume Size and Backup
• Often Deemed Not Reasonably Accessible
• Sampling Can Be Used to Help Quantify Costs, Time and Likelihood of Non-Duplicative Discoverable Data
Forensic Data
• Requires Special Tools to Restore
• Most Expensive
• Includes Documents and Files That Are Hidden or Have Been Erased, Fragmented or Damaged
• Typically Requires an Expert to Operate Special Tools and Can Be Very Time Consuming
Legacy Data
• Restoration Tools May No Longer Be Available/May Require the Use of Experts
• Costs Can Be Expensive
• Includes Documents or Files Contained in Very Old Systems Are No Longer in Use
• Many Systems Prior to Y2k (2000) Fall Into This Category
E-Discovery Versus Computer Forensics
• Factors to Consider When Deciding Whether to Collect Forensically:
• Type of Case, Relationship Between Parties; Trust Level for Custodians, Whether Sanctions Have Been Applied
• Sedona Principle 9
Question and Answers
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Jason R. Mattox-King & Spalding
