Electronic Data Discovery
EDD FOR LAW FIRMS AND THEIR CLIENTS
EDD CONSULTING BY SCANWORKS
How to Respond to a Notice to Preserve Electronic Data
Data preservation does not compel either collection or retention of data; it is essentially a "do-not-delete" order pertaining to existing data. A data preservation scheme provides that upon a lawfully authorized request, based on the facts of a specific case, particular data that has already been collected can be preserved to prevent its deletion.
See: SAMPLE REQUEST FOR PRESERVATION OF ELECTRONIC DATA
How to Comply with a Lawful Request to Disclose Electronic Data
At a later point, a lawful request by a competent authority can compel disclosure of the data.
See: SAMPLE ELECTRONIC DISCOVERY INTERROGATORIES AND REQUESTS FOR PRODUCTION
How to Find and Manage Professional EDD Services
When that package of tapes and disks lands on your desk, you may not know what to do with it– how to load it, read it, analyze it, or build on it. Step one: Get help. Help may be down the hall. Go to your information services department or your litigation support group. Perhaps other attorneys in your office have some experience. Maybe you have a legal assistant who can help. Possibly one of your secretaries was an Access programmer before coming to you or your firm administrator just finished taking an Excel course for a master’s program.
If help’s not down the hall, check outside the door. Contact your client. Turn to your expert witnesses. Talk with your litigation support vendor.
SCANWORKS will qualify and manage your EDD vendor relationship anywhere in the world; or, do the work for you.
SEE: SELECTION OF EDD VENDOR
EDD SERVICES BY SCANWORKS
How to Analyze, Process, Convert, Organize and Create a Searchable Database for Discovery Purposes
There is an incredible amount of electronic evidence that can be harvested, preserved, documented and authenticated. Aggressive law firms are now seeking computer-generated evidence, especially in cases related to defamation, trade secret and intellectual property theft, sexual harassment in the workplace, fraud, breach of contract, divorce proceedings and spoliation of evidence.
- Analysis - Get extensive reports on your data automatically including sorts by number and size of files, types of files, and by custodian.
- De-Duplication - Duplicate documents are identified using CRC of each document. Reports can be generated showing de-duplication documents within and/or across input files.
- Conversion - Output options include TIFFs, native file formats, other legal document review tools or other industry-standard software packages such as Concordance, Summation, Ringtail, JFS Litigator’s Notebook, Nmatrix, DB Textworks, Introspect, CaseCentral, Lextranet, MS Access, Documatrix, Etech, and any other format you require.
- Bates Numbering - Assign and apply a range of Bates numbers to documents.
- Creation of Metadata Database - The capture of text, dates, e-mail headers and other valuable metadata into a fully searchable database format.
USEFUL LINKS
http://www.fjc.gov/public/home.nsf/pages/196
Unless otherwise noted, these materials were prepared by Federal Judicial Center staff for use in judicial and continuing legal education programs and are not subject to copyright. They may be downloaded and republished without permission.
http://searchsecurity.techtarget.com/sDefinition/0,,sid14_gci1150017,00.html
SearchSecurity.com Info Centers offer IT professionals in-depth news and technical advice on the hottest topics in the Security industry.
http://www.discoveryresources.org/04_om_electronic_discoverers.html
Given the rapidly increasing importance of electronic evidence in litigation, Discovery Resources offers much needed resources for legal professionals who seek to understand the many new technological and legal challenges associated with electronic discovery.
http://www.thesedonaconference.org/
The Sedona Conference® is a nonprofit, 501(c)(3) research and educational institute dedicated to the advanced study of law and policy in the areas of antitrust law, complex litigation, and intellectual property rights.
http://www.lawtechjournal.com/articles/2005/02_050530_garrie_armstrong.php
Electronic Discovery and the Challenge Posed by the Sarbanes-Oxley Act
Daniel B. Garrie & Matthew J. Armstrong
http://www.pf.com/ddeePD.asp
Established in 1939 and a member of The BNA Family of publishers since 1984, Pike & Fischer publishes and produces business, legal, and regulatory Information Solutions
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