July 2008
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Sedona Releases Commentary on ESI Admissibility:
Does it Hurt, Help or Spotlight Best Practice Flaws?
While headlines for recent decisions involving ESI have focused on the 2006 changes to the federal rules and involved issues like undue burden and expense, accessibility, preservation and sanctions a new storm is brewing—the issue of ESI admissibility.
In its March 2008 Commentary on ESI Admissibility the Sedona Conference draws attention to the very instructive decision in Lorraine v. Markel American Ins. Co., 241 F.R.D. 534 (D.Md.,2007). It then builds on that discussion by interweaving practical consideration of ESI issues.
After reflecting on the Sedona Conference’s latest commentary and the considerable precedent on this subject, our most recent article asks the question whether Sedona’s latest work reveals new trends or simply spotlights “Best Practice” flaws. Read entire article here. |
E-tip: Maintaining Audit Trail
Many litigators are familiar with the issue related to chain-of-custody. However, this concern, with respect to ESI, can be limited to a particular medium such as a computer hard drive. An equally important concept is audit trail, which tracks a piece of data to a particular media.
All too often this latter concept is overlooked when processing ESI. When that happens all that is left is a native file or image format document that is separated from its origins. Should questions arise about the file or document such that more supporting information is needed how can that information be obtained if audit trail has not been preserved.
In order to maintain audit trail, ESI processors should always include at least one field that will memorialize the source of the extracted file or document. |
Spotlight: ESI Survey
It’s estimated that 95% of all documents today are produced in electronic format before being produced in paper with 60 to 70 percent of corporate data existing in e-mails. Nine out of 10 companies with comprehensive e-discovery strategies manage to avoid fines or lost legal proceedings. Would you like your client or company to be one of them?
K&F Consulting’s ESI Survey will evaluate information systems and identify the potential sources of ESI, review record retention, disaster recovery, and litigation hold and production procedures relative to the potential sources of ESI identified, as well as identify the sources of ESI most likely to be relevant to the most likely kind of litigation prospect for your organization.
In the end K&F Consulting will identify both weaknesses and inefficiencies in preservation and production procedures and make recommendations for correction.
News & Events:
K&F Consulting will be attending the ABA Section of Labor & Employment Law Conference in Denver, Sept. 10-13. Click here to view the Conference Brochure.
K&F Consulting offers in-house presentations on e-discovery and computer forensics. We have three different presentations you can choose from or we can work with you to develop a tailored presentation to meet your firm’s needs. Click here for more information and to sign-up.
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