The electronic discovery process poses significant opportunities and challenges for attorneys, their clients, technical advisers and the courts. Understanding the scope of and identifying discoverable sources of electronically stored information (or, ESI) is crucial. How much data do you have? One gigabyte of data can yield up to 100 thousand pages, which is about 25 bankers’ boxes. The amount of targeted data collected must be narrowed, but determining what targeted data is likely to contain is not always intuitive. For example, email containers … Continue reading
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Not all Data Culling and Key Word Searches are Created Equal in E-Discovery
Failure to employ the proper method for a given search scenario may result in inadvertent disclosure of privileged or otherwise protected information to an opposing party, potentially waiving the privilege or protection. Failure to identify and produce relevant documents may result in sanctions. Key word searching is a basic technique employed to locate specific words or terms within a collection of documents. Key word searches have been historically used to identify documents that are either responsive to a document request … Continue reading
The Risk Involved Using Key Word Searches for Filtering and Data Culling
Not all searches are created equal. Careful deliberation must be employed when using search methods to identify responsive, privileged or otherwise protected information to be withheld from production, such as in email discovery. Even inadvertent disclosure to a third party may waive the privilege or protection if the proper precautions were not taken in crafting, testing and implementing a search – failure to identify and produce relevant documents may result in sanctions. The search methods employed must be a combination … Continue reading
