Getting to Know Your ESI: Early data mapping efforts pay dividends
February 18, 2015
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February 25, 2015

Alternate Forms of Electronically Stored Information

With the proliferation of new technologies, counsel needs insight into the Electronically Stored Information (“ESI”) that their organizations possess and control. Not every source of ESI will be obvious at first, which is why now is the time to start investigating. Historically, lawyers dealing with their company’s information faced warehouses of documents; next, there was email and unstructured data. Later, social media sites like Facebook and Twitter captured the attention of the legal profession as they presented new issues and spawned several ethics opinions as well as spoliation claims. Just as lawyers are coming to grips with social media, new sources of ESI are coming online, while the older sources are becoming even more accessible and popular. Data is everywhere, both literally and figuratively. In discovery, this creates high costs for compliance as well as high risks of inadvertent noncompliance.

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