June 01, 2011

iWitness: Reining in E-Discovery

Electronic discovery is more important than ever, but receiving a request for ESI does not necessarily condemn a client to an expensive hunt through long-abandoned formats.

Geraldine Soat Brown

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E-discovery has become the bĂȘte noire of litigation, and not without cause. Searching for electronically stored information (ESI) can be very expensive, and the consequences of not doing it correctly can be serious. Clients love communicating, processing, and storing information electronically, in increasing and ever-changing media. For their lawyers, that creates a challenge. Discoverable ESI may be lurking in every communication medium. Searching the company computer for email is not enough when the employees also communicate via personal devices and on social networking sites..

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