Beyond the Four Corners: Evolving Electronic Documents

whitepaper

Summary

Identification and preservation are the first and most fundamental phases of an electronic discovery effort. Almost every other type of discovery process failure can be fixed with adequate time and money, but once unique, relevant electronically-stored information (ESI) is gone, it’s gone. Unfortunately, the challenges of identifying, preserving, and collecting relevant ESI continue to grow as old sources evolve, new sources emerge, and the behaviors of organizations and individuals adapt. The story of the past decade has been one of the long, slow march into the cloud, as organizations have transitioned to new software-as-a-service solutions and individuals have transitioned to new messaging and collaboration tools. As they have done so, the definition and boundaries of “document” have been changed too, by modern attachments, dynamic content, endless threads, and more. This paper reviews these new technical challenges, the legal ambiguities they create, and the ways practitioners are approaching them.

In this Whitepaper

How organizations’ and custodians’ behavior has changed
What new ESI challenges are being created as a result
What source-specific issues practitioners need to know

Key Insights

Relevant ESI may be stored in more places than ever
Whether linked attachments must be captured is uncertain
Many issues can be mitigated when negotiating a discovery agreement

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About the Authors

Mark is responsible for managing forensic teams across the US, UK, EU and APAC regions. The forensic team is responsible for the delivery of all forensic collection, forensic data analysis, discovery consulting and expert witness services to both law firm and corporate clients alike. Mark specializes in managing teams responsible for collecting and analysing digital evidence, data recovery, electronic evidence preservation, electronic discovery and expert reporting.

Mark is a qualified investigator, electronic discovery and forensic technology practitioner with 14 years experience as a Detective in the Queensland Police Service and 20 years specialist electronic discovery and forensic experience, six of which were with a “Big Four” forensic practice in Australia. He responsible for the global delivery of forensic services to all of Consilo’s clients.

Mark Garnett

Senior Vice President

Matthew Verga is an attorney, consultant, and eDiscovery expert proficient at leveraging his legal experience, his technical knowledge, and his communication skills to make complex eDiscovery topics accessible to diverse audiences. A fourteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level, from the project trenches to enterprise program design. As Director of Education for Consilio, he leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.