Electronic Discovery Consulting Services


Electronically Stored Information is subject to Discovery.  It always has been.  Cases decided more than a decade ago made this clear, though not universally followed in practice.  Now, the amendments to the Federal Rules of Civil Procedure in the US, and practice guidelines issued in several Canadian provinces and in other English common-law jurisdictions, remove all doubt – and all excuses.

“The discovery of electronically stored information raises markedly different issues from conventional discovery of paper records.  Electronically stored information is characterized by exponentially greater volume than hard-copy documents…”

The source of the problem is the source of the solution.  Technology itself provides the key to working with these huge volumes of data, permitting rapid identification and collection of potentially relevant material, culling by keywords and concepts to the smaller volume of most likely relevant data, and processing this data into a format that renders it reviewable efficiently.

It is now possible to manage discoverable data volumes 100 times the size of a “big” paper case twenty years ago, and yet do it more cost-effectively.

Cliff Shnier, JD

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