Themes in Library Themes in Library Technologies: Technologies: Electronic DiscoveryElectronic Discovery

Julie ReynoldsJulie Reynolds

ESI: Electronically Stored ESI: Electronically Stored InformationInformation

Sarbanes-Oxley ActSarbanes-Oxley Act

Federal Rules of Civil Federal Rules of Civil Procedure, 26 and 34Procedure, 26 and 34

““Electronic discovery is the Electronic discovery is the process of identifying, process of identifying,

preserving, reviewing and preserving, reviewing and producing electronically producing electronically stored information (ESI) stored information (ESI) relevant to a lawsuit.”relevant to a lawsuit.”

Electronic Discovery Electronic Discovery Reference ModelReference Model

Information ManagementInformation Management

““Getting your electronic house in order to Getting your electronic house in order to mitigate risk and expenses should mitigate risk and expenses should electronic discovery become an issue, electronic discovery become an issue, from initial creation of electronically from initial creation of electronically stored information through its final stored information through its final disposition.”disposition.”

IdentificationIdentification

Determining where potential sources of Determining where potential sources of electronically stored information are, electronically stored information are, what they include, and how what they include, and how comprehensive they are.comprehensive they are.

PreservationPreservation

Ensures that ESI isn’t tampered with or Ensures that ESI isn’t tampered with or destroyed.destroyed.

CollectionCollection

Brings together data for further use in e-Brings together data for further use in e-discovery.discovery.

ProcessingProcessing

Reduces the amount of electronically Reduces the amount of electronically stored information and converts it into stored information and converts it into formats that make review easier.formats that make review easier.

ReviewReview

Analyzes ESI for relevance and privilege.Analyzes ESI for relevance and privilege.

AnalysisAnalysis

Looks for content and context, such as Looks for content and context, such as patterns and particular individuals.patterns and particular individuals.

ProductionProduction

Provides the ESI to the requesting Provides the ESI to the requesting parties in the appropriate format.parties in the appropriate format.

PresentationPresentation

Displays the ESI, as close to the native Displays the ESI, as close to the native format as possible, in a public setting format as possible, in a public setting such as a hearing or deposition.such as a hearing or deposition.

Selection of document Selection of document retention software and retention software and

electronic discovery hinges electronic discovery hinges upon one important upon one important consideration: consideration: costcost..

Identify all the computers Identify all the computers attached to the network.attached to the network.

Preserve all the files and Preserve all the files and attached metadata.attached metadata.

Perform introductory Perform introductory processing of data, processing of data,

including the elimination of including the elimination of duplicates.duplicates.

Provide functionality in Provide functionality in searching and searching and

information access.information access.

Produce documents for Produce documents for outside parties to review.outside parties to review.