Explore

Litigation Support

Some Final Steps and Key Takeaways, Processing Fundamentals Series Part 5

In addition to the core activities of expansion, extraction, normalization, indexing, and objective culling that we have already discussed, there can be a variety of additional steps required during processing to prepare the materials for subsequent early case assessment, review, and production activities, including: creating custom fields, TIFF images, and load files; and performing some form of quality control validation.

Read More

Objective Culling Options, Processing Fundamentals Series Part 4

Processing also includes several types of objective culling that are used to reduce the amount of material that must be worked with throughout the subsequent phases of a discovery project, saving both time and money. The objective culling options commonly employed during processing are de-NISTing, deduplication, and content filtering.

Read More

Common Exceptions and Special Cases, Processing Fundamentals Series Part 3

Almost every processing effort encounters at least a few exceptions during processing that cannot be handled without some manual intervention (if they can be handled at all). Additionally, certain source types are special cases that routinely require custom work to process. The handling of these exceptions and special cases can affect both project costs and the completeness of your data set.

Read More

Key Activities and Common Tools, Processing Fundamentals Series Part 2

Broadly speaking, there are four main activities that take place during processing: expansion, extraction and normalization, indexing, and objective culling. In this Part, we will discuss the first three of these activities, review how decisions made during them can affect later discovery activities, and touch on some of the tools commonly used to complete them.

Read More

Why Understanding Processing is Important, Processing Fundamentals Series Part 1

ESI processing for discovery is one of the areas in which legal practitioners need some level of technology competence to fulfill their duty. Although it is often given short shrift compared to the steps that come before it (preservation and collection) and after it (assessment, review, and production), effective processing is critical to the success of those downstream steps and includes a variety of important decisions to make.

Read More

Other Important Collection Sources – Collection Fundamentals Series, Part 8

Most cases involve collection from a range of sources beyond individual custodians’ computers, which can entail unique complications. The other major categories of sources are: enterprise systems, mobile devices, social media sources, and cloud sources.

Read More

In-Person and Remote Collections – Collection Fundamentals Series, Part 7

In-person collections are the most traditional approach, and they typically involve sending the professional to the custodians and their devices. When custodians are too numerous or distributed, remote collections can be performed, most often by using shipped drives and administration over the internet.

Read More

Self-Collection and Its Risks – Collection Fundamentals Series, Part 6

Self-collection refers to a collection approach in which the custodians themselves undertake the identification and collection of relevant documents from their own materials. This approach may be a reasonable choice in certain narrow circumstances, but in most common eDiscovery situations, the numerous, large downstream risks associated with it dwarf the small, up-front cost savings you might realize.

Read More

The Intersection of Technical and Legal Realities – Collection Fundamentals Series, Part 5

We review the intersection of the legal requirements of collection and the technical process of data collection in part 5 of our collection series. The ultimate goal of evidence collection is the eventual use of some of that evidence in court, whether by you or another party.  The admissibility of a particular piece of evidence at trial turns on a variety of factors, including its relevance, its potential for prejudice, its status as hearsay, etc.

Read More

Collecting and Recovering ESI from Computer Memory – Collection Fundamentals Series, Part 4

Learn about collecting and recovering ESI from computer memory with the difference between physical collections and logical collections, recovering deleted files, preventing data alteration and verifying the accuracy of the collection. Verifying the accuracy of collection is as important as avoiding source alteration.

Read More

How Computers Store ESI – Collection Fundamentals Series, Part 3

Learn how computers store ESI by looking at the tiers and types of memory and how they all work together to store different types of data in different places. As the computer or device operates, there is a constant flow of information being read from and written to hard drive storage, RAM, and the caches – all ESI and all potential evidence. Devices are managing a collection of thousands of discrete files that is constantly evolving as files are read, modified, written, and deleted.

Read More

The Broad Scope of Collection – Collection Fundamentals Series, Part 2

The broad scope of collection is broken down into the legal scope and the technological scope. The practical scope of ESI collection is determined both by the actual requests from other parties and by your own information needs related to the matter. The maximum-possible scope is established by the FRCP or your state’s equivalent ruleset. The technological scope is summarized in that nothing can be overlooked based purely on its file format or source type. Read to learn details on both the scopes.

Read More

Whether you prefer email, text or carrier pigeons, we’re always available.

Discovery starts with listening.

(877) 545-XACT / or / Complete Contact Form