E-Discovery refers to the discovery of information in electronic format. The data can be subject to local rules and agreed-upon processes, and is often reviewed for privilege and relevance before being turned over to a client.
DefSec utilizes six (6) stages of the E-Discovery process as a guideline:
- Identification: The Identification phase is when potentially responsive digital information is identified for further analysis and review. Custodians who are in possession of potentially relevant information are identified. To ensure a complete identification of data sources, data mapping techniques are often employed.
- Preservation: Preservation phase is where data is identified as potentially relevant is placed in a legal hold. This ensures that data cannot be destroyed. Special care is taken to ensure this process is defensible with the end-goal of reducing data spoliation or destruction.
- Collection: In this phase, digital evidence will be preserved, and the collection process can begin. Collection is the transfer of data from a company to their legal counsel, who will determine relevance and disposition of data.
- Processing: During the Processing phase, digital files are prepared to be loaded into a digital review platform. This phase involves the extraction of text and metadata from digital files.
- Review: In the Review phase, documents and digital evidence are reviewed for responsiveness to discovery requests and for privilege. DefSec uses standard tools to make it easy for large groups of document and digital evidence reviews and assessments.
- Production: During this final phase documents and digital evidence are turned over to opposing counsel, based on agreed-upon specifications.