eDisclosure Solution Brief
eDisclosure, eDiscovery and Litigation Support
The profusion of information has created a “golden age of evidence”. Today, legal professionals have access to more information about a matter than ever before. Information surfaced during eDiscovery can hold the key to a winning case or favourable resolution, for those who know how to find and review the data. Data Subject Access Requests (DSARs) can pile up fast, have quick turnaround times, and carry compliance and litigation consequences for late responses. Streamlining the DSAR process to quickly and easily locate PII (Personally Identifiable Information) is essential to avoid missing vital information or a deadline.
Data Subject Access Requests (DSARs) can pile up fast, have quick turnaround times, and carry compliance and litigation consequences for late responses. Streamlining the DSAR process to quickly and easily locate PII (Personally Identifiable Information) is essential to avoid missing vital information or a deadline.
Interconnected Disciplines
eDisclosure, eDiscovery, and Litigation Support are interconnected but distinct disciplines that are increasingly important in the legal and corporate worlds. They are used to manage, analyse, and present electronically stored information (ESI) in legal proceedings, internal investigations, and regulatory inquiries.
While they involve different stages of the process, different types of professionals, and different types of technology, they all share the goal of managing and presenting ESI in a manner that meets legal and ethical standards and is defensible in court.
eDisclosure describes the ‘what’ element of the process and the provision of ESI in a format that can be shared by lawyers in court. The specific term is used in the Civil Procedure Rules of England and Wales and is widely used by those involved in the processing of ESI for legal purposes. The reduction of data volume must be processed to ensure that potentially relevant files are available in one place to the opposing counsels and the court.
eDiscovery describes the ‘how’ element of the process. Not all eDiscovery cases lead to legal proceedings. The eDiscovery process uses tools to discover the relevant data required to secure interrogation, efficient expert analysis and surety of deliverables which face the ultimate test of court acceptance. It includes the sifting of data for relevance, redaction of files and reduction of huge data volumes. Litigation Support refers to the technology and services used to support the litigation process. This includes eDiscovery, but also encompasses other aspects of the litigation process, such as document management, case management, trial presentation, and legal research.
Litigation support requires an understanding of the legal process, and the technology used to support it.
The Role of IT
Traditionally, organisations and their legal teams’ IT departments have played a key role in the eDiscovery process. IT personnel have historically been tasked with handling most of the initial steps of the eDiscovery process, including collecting and preserving data in response to legal holds or subpoenas, processing files into more usable formats, and assisting with the search and culling process to create a data set that legal teams can eventually review.
However, relying on IT to perform many of the technical steps of the process can be expensive and time-consuming for resource-constrained IT departments, taking them away from their technology management roles. Or it requires the organisation to hire additional IT personnel, dedicated to assisting their legal teams with eDiscovery, increasing costs.
Modern eDiscovery tools offer organisations significant cost and time savings by relieving IT of the responsibility of handling routine data collection and processing during eDiscovery. By fully controlling the eDiscovery process using these tools, legal teams can ensure that document review and production are completed efficiently and on time. IT departments can also be assured that these tools will follow the cybersecurity standards they've set for their organisations.
The tools empower legal teams with no technical expertise to manage the whole process from start to finish including collection, processing, and organising data into review sets. Legal professionals can issue litigation holds to custodians, collect data from various parts of their organisation, track responses from custodians, process and format data, and organise data sets through deduplication or email threading.
They can efficiently complete document review and production to meet deadlines or obligations without depending on the availability of IT to collect electronically stored information (ESI) or process it. Instead, IT teams need only be involved when complex or critical issues arise.
TrueSwift Services
The ability to quickly and easily find and produce data from vast amounts stored in a corporate environment is critical. Organisations that are not prepared can experience lengthy and costly discovery searches and face fines if they’re unable to meet compliance or litigation deadlines. Bespoke eDiscovery services offering a combination of expertise and industry leading tools are increasingly being used. TrueSwift offers recommendations for specific solutions with implementation and bespoke training.
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PII Discovery Advice on solutions to help with identification of Personal Identifiable Information. PCI DSS Compliance Tools to monitor, audit and allow remediation for any credit card information detected in an environment. Early Case Assessment (ECA) Organisations may not require a full eDisclosure application. TrueSwift can help identify, install and train a number of ECA applications that will allow for quick searching, filtering and export of relevant content. Freedom of information and Subject Access Requests TrueSwift can help identify a suitable solution for FOI and SAR processes. |
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Legal & Forensic Searches For internal and external litigation, TrueSwift offers training to organisations or carries out procedures including the production of a document ready for court or judge, detailing what and how searches were performed. Email Discovery Service With increased regulation and risk of litigation, organisations need a way to simplify the task of email compliance but may not want to incur the costs and time of training staff to perform regular, random reviews of users’ email or sampling emails for particular hot words or phrases. |
About TrueSwift
TrueSwift is an independent specialist offering data archiving solutions, PST discovery & migration, archived data migrations, eDisclosure and GDPR services. Organisations of all sizes rely on TrueSwift’s technical expertise and experience for the delivery of data management solutions that reduce their management and support costs while mitigating their risks of non-compliance with corporate and regulatory procedures. Since 2005, market leading toolsets have been in use to create clarity in eDisclosure and compliance.
Learn More: www.trueswift.co.uk