What is eDiscovery?

What is the Process of eDiscovery?

eDiscovery is the electronic aspect of identifying, collecting, and producing electronically stored information (ESI). This is in response to a request for the production of digital evidence in civil litigation, dispute resolution or an investigation. It is the initial phase where parties involved in a dispute are each required to provide relevant information and evidence related to the case.

What is eDiscovery also known as?
Given that it's short for electronic discovery, there exist several variations—such as eDiscovery, ediscovery, e-discovery, and eDisclosure. Despite these alternate names, they all lead to the same destination: eDiscovery.
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Examples of Electronically Stored Information (ESI)
Electronically stored information or ESI is basically any digital media including, but not limited to, emails, mobile devices, servers, hard drives, desktops, documents, presentations, databases, voicemails, audio files, video files, social media accounts, USBs, databases, CAD/CAM files and web sites and any other electronic information that could be relevant evidence in a lawsuit.
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What is Metadata Analysis?

The processes and technologies involved in e-Discovery are usually complex due to the volume of electronic data produced and stored. Additionally, unlike hardcopy evidence, electronic documents are more dynamic and often contain metadata. Metadata is the information generated within a piece of electronic data and is ‘data about data’. It exists within every digital item stored on physical devices and can include the user who created it, the creation date, history, and document software used to create it. 

Data of this kind often tells the rest of the story about the document and, therefore, is often a key focus of e-Discovery. Preserving the original metadata of electronically stored information is crucial in order to maintain evidence continuity and avoid the opposing party critiquing the validity of the evidence during litigation.

What is the eDiscovery Process?

eDiscovery is active from the time a formal legal matter is issued to the time the digital evidence is presented in court. ESI is identified by both parties involved, and any relevant electronic or hard-copy documents are placed under legal hold so that they cannot be modified, deleted, or destroyed. Any data associated with the matter is identified, collected, forensically extracted, indexed, and hosted in a secure environment.

Why do we use Document Review Platforms?

Here at CYFOR Legal we use eDiscovery technology such as a document review platform so that document reviewers can analyse the data and ascertain its relevance to the legal matter. This enables vast amounts of information to be assimilated, culling any non-relevant data, considerably reducing the data set, and leaving only relevant information. This is achieved by applying e-Discovery methods such as Technology Assisted Review (T.A.R), predictive coding, keyword filtering, de-duplication, and email threading.

Explore our complete eDiscovery solutions suite here. 

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