(a) Discovery Management
The discovery of electronically stored information (ESI) as part of an investigation or litigation (referred to herein as a matter) has become increasingly difficult over the years given the variety and proliferation of data sources and systems in use by today's corporations. In an investigation context, information about an individual or group of individuals requires the analysis of ESI to understand the who, what, and when of key business events or circumstances around an allegation. Similarly, in a litigation context, information regarding individuals or company products is sought to understand the facts of the matter. In both cases, information gathering—particularly as it relates to ESI—can be complex.
Corporations today aggressively upgrade, or expand, or migrate, or decommission enterprise systems and often give minimal thought and understanding to how these new technologies affect current or future legal discovery obligations. Responding to discovery-related production requirements from a data management perspective often requires an effort to understand not only the current systems in place but also the prior (legacy) systems that can contain relevant electronic information surrounding the facts of the matter. While the same challenges are often present in smaller litigation, most of this chapter focuses on the challenges ...