eDiscovery is essential for any business facing litigation, regulatory enquiries, or internal investigations. Each stage of the process requires a clear understanding of and the strategy behind it. In this blog, we will discuss everything to do with the eDiscovery process, including influences and key stages.
What is eDiscovery?
eDiscovery involves the identification, preservation, collection, and production of Electronically Stored Information (ESI). ESI can include a variety of data, including everything from instant messages and emails to documents, social media activity, and even smartwatch data.
The eDiscovery process is very rarely linear, where new information may lead to additional identification, preservation, and collection, and so on.
What Influences the eDiscovery Process?
eDiscovery is incredibly important, but there are several factors that influence the process.
Organisation Size
Larger organisations have more data sources, systems, and volume to search through, and this increased data volume requires more robust tools and workflows.
Organisation Structure
If there are different internal departments, communication channels, and data owners, this can impact how the data is found and accessed. More complex organisational structures may require more coordination during the eDiscovery process.
Industry & Regulatory Requirements
Some industries need to follow strict compliance standards when it comes to encryption and retention policies. For example, there may be high-level encryption, which can slow down case timelines.
Data Infrastructure
The type of technology an organisation uses can affect the eDiscovery process. For example, certain platforms like mobile devices and hard drives might need certain forensic techniques to retrieve the data.
Lifecycle of eDiscovery
During eDiscovery, there are certain key stages that are important in the production of ESI.
Preservation
Preservation is the first stage of eDiscovery and involves identifying and safeguarding any ESI that may be relevant. This is carried out by sending a formal notice to all relevant employees and departments, and informing them not to delete or modify any data that could be relevant. You can also work with your legal and IT teams for data backups.
Collection
Once you have preserved and identified all relevant data, it’s time to collect for further analysis. At this stage, data is gathered and transferred to a secure location. Forensic collection methods and specialist software are used to ensure the original metadata remains unaltered. Collection methods may include:
· Forensic imaging
· Targeted searches
· The use of specialised software
Processing
Processing involves the transformation of collected data into a usable format for review and analysis, with the end goal of reducing the total data volume into a more relevant collection. It involves culling, filtering, de-duplicating, and indexing for increased efficiency. It also involves extracting metadata like timestamps, file types, geolocation, author information, and more, which could be useful for the case.
Review
Reviewing is the most time-consuming stage of eDiscovery, as it involves the examination of all data collected and processed to identify any relevant information or evidence. This can be done manually by attorneys or can be done through specialist eDiscovery software using AI, predictive coding, Technology-Assisted Review (TAR), and more. This software allows for a faster and more efficient review.
Analysis
The analysis stage involves the legal team using their knowledge, expertise, and specialist technology to uncover patterns, insights, key people, timelines, and connections within the collected ESI. It is also where they will conduct early case assessments to identify strengths and weaknesses in the case.
Production
Relevant, non-privileged ESI is delivered to the opposing party in an agreed-upon format, e.g. PDF, TIFF, etc., with all required metadata and load files. Any sensitive or privileged information is redacted before sharing.
Presentation
The legal team will organise the documents in a clear, persuasive manner for the audience they are presenting to, for example, the judge and jury, and will display the evidence in a mix of formats, whether that be digital presentations, videos, and native files, to effectively communicate the facts.
Looking for an eDiscovery Company to Help Your Case?
From preservation to presentation, the eDiscovery platform requires careful and thoughtful management. At SOS Systems, we offer an eDiscovery service to support UK law firms in litigation and dispute resolution. We are fully certified and experienced in comprehensive eDiscovery processes, and we’re here every step of the way, whether you need an extension of your case team, expert advice, or hands-on assistance. With the smartest technology to help us collect important ESI, we’re the number one choice. Contact us today for help with eDiscovery.
