“In our experience, legal teams often ignore or avoid any data analysis. Too often, they rush into processing and review without a significant understanding of the content of their ESI. This avoidance is a disservice to clients and staff. Data analysis is an activity that yields significant cost savings to the client. With good tracking and reporting, the return on investment (ROI) can be proven in every case.
We see legal team spending on discovery increase unnecessarily when issues with ESI are uncovered too late in the e-discovery process, requiring work to become reactive instead of proactive. While remediating these issues, we find almost uniformly that time and expense of remediation could have been avoided had data analysis been performed on ESI at the beginning of the project. We find this holds true even in the smallest e-discovery matters.”
I do find it bizarre how often people in this industry take a “fire, aim” approach to eDiscovery. Go get everything and then we’ll figure out what do to with it once we start reviewing, instead of taking a long, hard, look at what we have and then deciding what’s worth reviewing.
Analytic tools are one way of figuring it out. This article does a good job of explaining how they can point us in the right direction up front, instead of after we’ve made a bunch of wrong assumptions.
This is probably something everyone should at least be thinking about when they go to sell or return old devices. I will add one thing, however. Earlier versions of some smartphones have been shown to leave behind some data even after being reset to factory settings. It would require a lot of work, and expertise,…
When Tom O’Connor reaches out and suggests that you might be interested in a resource he helped create, naturally, you check it out. And what a find it is, indeed. I’ll let the description from Digital WarRoom speak for itself: Introducing the eDiscovery Checklist Manifesto, your complete reference for everything a legal professional should consider…
I enjoyed reading this case review from Josh Gilliland about a ruling in regards to production of data from a database. As it turns out, the information being asked for from the database, wasn’t actually tracked in the database. As Josh says: However, there is a bigger issue: A database contains only what data it…
Swabbing the Decks of Admissibility tags: MM LitSupport South Carolina ban of social media use by state employees is nuts tags: MM SocNetPres Yes, Every Freeware Download Site is Serving Crapware (Here’s the Proof) tags: Tech MM Windows 10 Will Be A Free Upgrade tags: MM Tech Microsoft The First 7 to 10 Days May…
You may want to bookmark this one from Craig Ball. “This article looks at simple, low-cost approaches to getting relevant and responsive mobile data into a standard e-discovery review workflow, and offers a Mobile Evidence Scorecard designed to start a dialogue leading to a consensus about what forms of mobile content should be routinely collected…
Lawyers and cybersecurity: What are your ethical obligations? Are You Developing Skills That Won’t Be Automated? Americans Are Wary of the Role Social Media Sites Play in Delivering the News California Health Provider Closes after Patient Records Are Wiped Measuring the #Security of #IoT Devices Photographer Stuck in Vietnam After Flying with Recalled MacBook Pro…