Now that nearly all companies rely on technology to communicate with one another and conduct business, eDiscovery is essential for collecting evidence in disputes that might rise to the level of litigation. At Lancaster Tech Law, we specialize in streamlining the collection, processing, and review of all digital evidence due to our focus on combined legal and IT knowledge.
Our firm’s practice is dedicated to navigating technology and business law for businesses in the Lancaster area and throughout Pennsylvania. If you are involved in a business dispute, you need the informed representation and technological knowledge we provide.
Why You Need a Tech-Focused Attorney
Many other law firms make the mistake of drastically over-collecting data because they either lack information about the litigation for which the data is needed or, in an abundance of caution, they simply collect everything possible. While self-collection reduces some costs, it wastes client time, increases processing costs, and requires attorneys to recollect data because relevant information was missed.
This will eventually lead to increased processing and review expenditures for you.
As technology and business lawyers, we have the skills and resources to conduct efficient, cost-effective eDiscovery in litigation arising from business disputes, data breaches, and cyberattacks. Our legal team works to:
- Counsel clients on eDiscovery processes, policies, and legal rights
- Access and evaluate electronically stored information, including documents, files, and online account data
- Use technology to collect, process, and evaluate electronic information
- Implement electronically stored information preservation policies
- Comply with best practices regarding the management and utilization of electronically stored information
- Plan litigation strategies during the electronic discovery phase
You can depend on our skills in technology, electronic documentation and data analysis, our attention to detail in dealing with legally sensitive information, and our communication skills when interacting with opposing counsel and juries.
What is eDiscovery?
In both criminal and civil cases, discovery involves an exchange of information between the parties. eDiscovery is a digital investigation to obtain evidence from electronic communications and other data during a legal proceeding. While the traditional discovery process is well-established, eDiscovery has additional rules specific to digital evidence and includes data from:
- Email accounts
- Instant messages
- Text messages
- Voice messages
- Audio and video files
- Presentations
- Social media profiles
- Online documents
- Databases
- Internal applications
- Digital images
- Website content
In short, eDiscovery involves collecting any electronic information that might be evidence in a lawsuit. Working with a tech-fluent lawyer is a wise choice if your business is facing any 21st-century civil litigation.
A decade ago, eDiscovery was a manual process. Today, we rely on a combination of software and automation tools to help with the identification and review stages of eDiscovery. We leverage these technologies to collect, store, preserve, and audit data as we prepare for trial.
Executing eDiscovery well requires a thorough understanding of IT systems and the ability to interface directly with IT personnel about how each system’s data is stored and organized. It also requires detailed knowledge of the applicable legal requirements and their practical applications so that limiting criteria can be developed to filter massive volumes of data without excessive (and costly) human review.
How eDiscovery Works
Generally, eDiscovery involves several stages and techniques to improve the collection, preservation, and presentation of potentially relevant information:
- Information governance (IG) describes the procedures, controls, and policies for data collection and preservation that eDiscovery lawyers must follow.
- Identification involves determining what data must be preserved by interviewing the parties, reviewing case facts, and analyzing the digital environment.
- Preservation involves formally notifying parties in a lawsuit to preserve and not delete data that might be on a network, a smartphone, a mobile device, or the cloud.
- Collection is the gathering of this information to ensure the preservation of digital assets without altering the essential metadata (e.g., file creation dates, sizes, and audit logs) attached to each file.
- Processing involves organizing data and finding the right assets for analysis. While it can be automated using software, you need to have a skilled human to manipulate the keywords and queries to extract only relevant data and anticipate potential court rulings in response.
- Reviewing digital assets, ideally with a combination of human and artificial intelligence, helps to separate pertinent information from unnecessary data and identify documents subject to client-attorney privilege.
- Analyzing digital assets aims to identify patterns in the information and design a presentation layout for deposition or trial.
- Production is the means of transforming digital assets into presentable evidence.
- Presentation is the organization of evidence in a way that makes it easy to understand and explain to a jury.
What is an example of eDiscovery?
An example of eDiscovery, which stands for electronic discovery, is the process of identifying, collecting, and producing electronically stored information (ESI) in legal proceedings. For instance, in a corporate lawsuit, eDiscovery might involve searching and reviewing emails, documents, databases, and other digital records to find relevant evidence. This process helps lawyers and parties involved in litigation gather and present electronic evidence in a legally compliant manner.
Contact Our Experienced Lancaster Pennsylvania eDiscovery Attorney
Technological advances have transformed how companies conduct business. When a dispute arises, bypassing the electronic discovery phase is not an option. Though many businesses are unprepared to conduct or respond effectively to electronic discovery, working with our eDiscovery lawyer will position you for success during negotiations and litigation. Contact our office today to arrange a consultation.