Electronic Discovery “e-discovery or ediscovery”, a.k.a. Electronic Data Discovery (EDD), refers to the locating, assembling, reviewing and subsequent production of electronic documents in response to a Request for Production. Electronic documents, Electronically Stored Information “ESI”, includes such items as e-mails, documents, spreadsheets, databases, presentations and any other electronic formats commonly found on computers today.

E-discovery is the process by which parties involved in litigation respond to requests to produce ESI, "electronically stored information". The production of ESI may be provided by a Computer Forensic Expert and there are definite benefits to having discovery performed this way. Computer Forensics is employed (1) to ensure all the information provided throughout discovery is accurate and complete, or (2) to perform a Computer Forensic investigation when discovery falls short of expectations.

Use care in your evaluation of costs. There are many techniques that can be utilized by e-discovery firms to initially hide some of the costs associated with their service. One firm bragged about making $750/hour utilizing an inflated per piece pricing. PROTEGGA adheres to the highest professional and ethical standards with costs always clearly defined. Ask the PMan for the current rate sheet.

Most people think of Microsoft Word and Excel when they hear the word metadata. In reality, metadata is much more complicated. See our whitepaper on metadata for a detailed explanation.

PROTEGGA is licensed by the State of Texas and can legally function in any area of the Electronic Discovery Reference Model including the analysis phase. Some firms have to be careful about crossing the line into computer forensics. Additionally, PROTEGGA has extensive Corporate Information Systems experience in a variety of industries and technologies allowing a much deeper understanding of where and how the information needed for your case could be stored.

EDRM (Electronic Discovery Reference Model) was created in May 2005 to address the lack of standards and guidelines in the electronic discovery (e-discovery) market; a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic Discovery surveys as a major concern for consumers and providers alike.

The completed reference model provides a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services. The completed model was placed in the public domain in May 2006.

Federal Rule of Civil Procedure 26(a)(1) requires disclosure of documents, data compilations and other tangible things that the parties may use to support their claims, defenses or damages computations.

Although FRCR 26(a)(1) requirements are seemingly straight forward, the process of identifying and locating responsive documents and data has become more complex as people and companies continue to shift their information transmission and storage functions from paper to electronic media.

• Which information systems will potentially be involved in discovery
• Any anticipated claims of “not reasonably accessible”
• Information retention policies
• Security and Computer-Use policies
• The form, or forms, of production desired
• Should metadata be preserved and produced (see Whitepaper – Metadata)
• Discovery limiting features, such as, search terms and date ranges
• What would be considered reasonable preservation
• Issues relating to claims of privilege

Spoliation is the intentional or negligent destruction or alteration of evidence when there is either a current litigation, an investigation, or if there is a reasonable chance either may occur in the near future.