Summary
The majority of eDiscovery work takes place in the context of litigation, but a significant amount of it takes place instead in the context of investigations. Although the available ESI and eDiscovery technologies are the same, the realities of handling investigations can be different in some ways important ways. This paper reviews what practitioners need to know about eDiscovery in the context of investigations, including the need for speed and secrecy, the need for nuanced analysis and review, and the need to be prepared for later litigation.
In this Whitepaper
- Options for achieving needed speed
- Tools and techniques for nuanced review
- How to prepare for potential litigation
Key Insights
- The importance of controlling information flow
- The complexity of multi-channel communication
- The likelihood of obfuscation and spoliation
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About the Author
From the author
Cross-Border Discovery: A Guide to Practical Challenges for US Counsel
As the world’s economies continue to reach across borders, US counsel representing companies of all sizes are more frequently required to gather data from other countries. This paper provides those counsel with practical guidance regarding the logistical and operational challenges that arise in a typical matter requiring cross-border discovery.
ED102 – In the Beginning: Identification and Preservation Fundamentals
Identification and preservation are the first and most fundamental phases of an electronic discovery effort. The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.