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E-Discovery: The Intersection of Law, Technology and Business

Ian J. Redpath and Linda Volonino

The BRC Journal of Advances in Business

Volume 1

Number 2

Print ISSN: 2152-8616 Online ISSN: 2152-8667

Date: March 15, 2011

First Page 98

Last Page 117

Abstract

It is estimated that over 95 percent of all business information is electronically stored (referred to as electronically stored information or ESI). In the “pre- technology” environment, information was prepared on paper and stored in cabinets and boxes. These formats have been replaced with information stored on servers, laptops, flash drives, smartphones, other handheld devices, and numerous other storage media. With the United States one of the most litigious societies, the legal need to obtain ESI as either a defendant or a plaintiff is inevitable. Additionally, there may be a need to produce it by third party vendors such as Verizon, Sprint, Facebook, or Yahoo if they have ESI relevant to a case. E-discovery (electronic discovery) is the term used to describe the legal process of discovering the ESI that is relevant to a case. The costs of ESI can run in the hundreds of thousands of dollars and there may be hundreds of thousands of documents produced with only a handful actually used in court. Businesses must know what ESI they have, where it is, and how to find it. Being unprepared for e-discovery can result in large monetary penalties or, in the extreme, losing the case. This paper addresses the common issues relevant to e-discovery and what businesses need to do to prepare in anticipation of litigation.

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