Friday, September 1, 2006

Search Terms Mean Savings in E-Discovery

Article in today's Legal Intelligencer -- Search Terms Mean Savings in E-Discovery, by Kamal Kamara:

    With the impending changes in the federal rules related to electronic discovery,
    opposing parties will be required to discuss any and all discovery issues involving
    electronically stored information (ESI).

    In this context, discussions will likely focus on what information will be examined
    (e-mail, electronic documents, Web mail, instant messages), where this information
    is stored (computer hard drives, "ghost images," backup servers), whether it is reasonable
    or unduly burdensome to access and review all potentially relevant information, and
    how the information will be produced.

    In matters where examination of all requested e-discovery would be unduly burdensome,
    and make no doubt the producing party will put forth the argument, it is becoming
    common practice to employ the use of search terms to decrease the costs of ESI access
    and review.

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