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An article by John G. Horn and Michael McCartney posted on the digitslc.com website.
This article examines eDiscovery issues and provides seven potentially cost-savings tips to consider when planning to respond to a request for production of electronically stored information.
The article states, "As anyone who has been involved in litigation within the past 10 years can attest, eDiscovery has the potential of consuming a case in at least two ways. First, depending on the level of civility and collaboration between adversaries and the amount of Electronically Stored Information (“ESI”) the parties possess, the costs of production and related motion practice can dwarf those related to litigation on the merits. Second, allegations of spoliation and who failed to preserve ESI can quickly overshadow all other aspects of the case.
The dimensions and complexity of the challenge grow daily. According to digital consultant International Data Corporation, in 2010, the amount of digital information created in the world exceeded a zettabyte for the first time. A zettabyte is one trillion gigabytes. According to this same source – which has carefully studied data storage, handling and analysis trends since 2007 – the size of the digital universe is doubling every two years and the growth of the digital universe continues to outpace the growth of available storage capacity."
The seven tips that the article discusses are as follows:
1. Carefully consider relying on internal IT departments to collect and preserve ESI
2. Take affirmative steps to avoid under-collection
3. Make sure IT/Legal education is a two-way street
4. Technology is your friend – really
5. Involve your specialists early on in litigation
6. Formulate, implement and enforce comprehensive document destruction/preservation policies
7. Insist on production of ESI in its native format
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