Electronic Data, Discovery and Document Storage

Understand how to effectively collect, preserve and review electronically stored information.

Every 21st Century organization continues to store excessive amounts of unnecessary data. Under-saving can sometimes lead to failure to meet legally imposed day-to-day retention obligations. On the other hand, the risks of over-saving are even greater. For example, the more electronically stored information (ESI) that is retained, the higher the risk of the data being hacked. In addition, excess saving often leads to a giant data set that may be subject to discovery in litigations and/or regulatory investigations. The cost of finding, preserving, collecting, culling, reviewing and producing this data can run into the millions even on a relatively small matter. The costs of not substantially complying with the above electronic discovery (eDiscovery) steps can lead to a wide range of sanctions, ranging from reimbursing the opposing party for costs to an outright loss on the merits. This content will touch on the various phases of eDiscovery, focusing on legal rules and technology processes regarding the identification and reduction of data prior to its review and production. Furthermore, the material will address data repositories now encompassed by eDiscovery, such as data stored in the Cloud, on mobile devices and on social media sites.

Faculty

Robert D. Brownstone, Esq.

Fenwick & West LLP