What is Electronic Discovery?

Electronic Discovery Electronic discovery: (or e-discovery, eDiscovery) refers to

discovery in civil litigation which deals with the exchange of information in electronic format.

• Data is identified as relevant by attorneys and placed on legal hold. Evidence is then extracted and analyzed using digital forensic procedures, and is usually converted into PDF or TIFF form for use in court.

Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence.

Electronic Discovery EDRM : The Electronic Discovery Reference Model was

created in May 2005 to address the lack of standards and guidelines in the electronic discovery (e-discovery) market a problem identified in the 2003 and 2004 Socha - Gelbmann Electronic Discovery surveys as a major concern for consumers and providers alike.

The completed reference model provides a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services. The completed model was placed in the public domain in May 2006.

Electronic Discovery EDRM was co-founded by e-discovery experts and consultants

George Socha and Tom Gelbmann. Since 2005, over 900 e-discovery experts, vendors and end-users from more than 250 organizations have worked together to develop standards and frameworks for addressing e-discovery challenge.

EDRM serves as a guidepost for organizations perplexed by the costs and complexities of e-discovery. This is a new and emerging problem for most law firms and in-house legal teams, thus the majority of those faced with e-discovery are unsure of how to proceed or where to look for assistance. EDRM provides a framework of processes, educational materials, and an index of solutions providers focused on addressing specific challenges of e-discovery.

Electronic Process Flow

Client Data

Inventory

Identification

Preservation

Data Processin

g

Collection

Review

Analysis

Production

Presentation

Electronic Discovery Stages Client Data Inventory: A full inventory of potential client ESI

is undertaken as data Inventory such as scope, structure, and data format of client’s data.

Identification: Locating potential sources of ESI & determining its scope, breadth & depth.

Preservation: Ensuring that ESI is protected against inappropriate alteration or destruction.

Collection: Gathering ESI for further use in the e-discovery process (processing, review, etc.)

Electronic Discovery Stages• Data Processing: Reducing the volume of ESI and converting it, if necessary, to forms more suitable for review & analysis.

• Review : Evaluating ESI for relevance & privilege.

• Analysis: Evaluating ESI for content & context, including key patterns, topics, people & discussion.

• Production: Delivering ESI to others in appropriate forms & using appropriate delivery mechanisms.

• Presentation: Displaying ESI before audiences (at depositions, hearings, trials, etc.), especially in native & near-native forms, to elicit further information, validate existing facts or positions, or persuade an audience.