IT and eDiscovery Collections — EnterpriseStorageForum.com

Given these considerations, the collections process is showing signs of moving away from service providers and coming in-house. There are several factors controlling this movement including:

High cost of culling. The amount of collected data is always larger than the data that will actually be reviewed. This means the collected data sets must be culled down to the most relevant set of data – a necessary, but often expensive process. The more relevant the initial collected set, the less money and time the culling process will take. This is why attorneys are increasingly looking to identification and collection tools that collect more data faster and with fewer non-relevant documents. This makes collections an increasingly rich space for eDiscovery purchasing, and necessarily involves IT at least as an influencer and often as a purchaser.

Demand for faster collections. Attorneys used to be able to plead “undue burden” when faced with large-scale collection demands. However, judges are increasingly unwilling to grant the plea to companies with poorly controlled storage environments. This trend increases the need for collection software tools and effective collection processes. This naturally falls into IT’s area.

Double-duty products. Collections tools are not necessarily just for eDiscovery and/or compliance. Most eDiscovery collections vendors have engineered multiple business process support into their collections products, such as storage or archive management. Examples include email archiving with eDiscovery options from Iron Mountain (NYSE: IRM) or Symantec (NASDAQ: SYMC), and storage management with eDiscovery support from StoredIQ or Digital Reef. These and similar approaches encourage IT to think “win-win” by using the same product to support eDiscovery and to improve data management.

via IT and eDiscovery Collections — EnterpriseStorageForum.com.

Critical Considerations and Advantages of Automating Collections in E-Discovery | e-discovery 2.0

It is generally the case that with automation, you achieve a certain level of repeatability and quality control, which leads to better management of risks. In Ford Motor Co. v. Edgewood Properties Inc., 257 F.R.D. 418 (D.N.J. 2009), the opinion suggests that manual collections are permissible. However, is that a wise decision, considering the exposure that offered the plaintiffs in the case? A counter point is the Judge Shira Scheindlin’s Zubulake Revisited, Pension Comm. of the Univ. of Montre al Pension Plan v. Banc of America Sec. opinion that certain plaintiffs’ collection efforts warranted a sanction for spoliation of evidence because, among other defects, the plaintiffs relied solely on their employees to search and select what they believed to be responsive information without adequate attorney direction and supervision.

So, what are the critical elements and advantages of automating the collection process within an enterprise? Most important is closing the gap between legal and IT teams that are involved in the matter. The legal team is often involved at the start of an e-discovery project and hasthe insight into possible custodians who are potentialtargets of ESI collections. However, they have very little visibility into the information assets that actually belong to the named custodians. A key step in automation is identifying the custodians and their ESI. This is where legal teams and IT teams need to collaborate. Once this is completed, you now have the need to specify collection parameters and apply them methodically for all custodians in the context of a matter.

Specifying what to collect from a large IT infrastructure of a typical organization can be a daunting task. This is where automation steps need to account for variability in collection targets. Flexible specification of collection parameters is essential for consistent collections from varied data sources. As an example, desktops store documents in special folders that are unique for the type of desktop, and being able to specify collections of potentially relevant ESI from all systems and devices regardless of the type of device is very important.

via Critical Considerations and Advantages of Automating Collections in E-Discovery | e-discovery 2.0.