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We do not charge per Gigabyte.
Electronic discovery (eDiscovery) refers to the discovery of electronic files in civil litigation or government investigations dealing with the exchange of information. eDiscovery is essentially the collection of a large volume of data from a large number of hard drives and/or other storage media. Typical files collected during eDiscovery investigations vary from emails, documents, databases, PowerPoints, etc. Having provided our electronic discovery services to numerous multinational corporations as well as law firms, we have the necessary hardware, software and manpower to handle any eDiscovery request.
We are capable of processing terabytes of email archives in a very short period of time using our state-of-the-art storage and processing servers and we do not charge per Gigabyte. We possess enterprise-class forensic tools that eliminate the need to travel to multiple locations to image computers or retrieve relevant data from servers.
- eDiscovery Consulting
Collection, Processing & Production
This service is applicable to any litigation matter wherein electronic discovery production is necessary. According to the Federal Rules of Civil Procedure, the responding party must produce electronically stored information either in the form in which it is ordinarily maintained or in a form that is reasonably usable. Approximately 97% of all business records are stored electronically. We can assist you with the processing and production of electronically stored information (“ESI”) and provide support using our eDiscovery playbook.
Preservation and Collection
- Identify, preserve and collect relevant ESI in a forensically sound manner from computers, email and file servers, company mobile devices, PDAs, loose media, back-ups and archives as prescribed in the meet and confer.
- Prepare chain of custody documentation.
- Store ESI at the Cyber Diligence evidence safe for preservation.
Processing Review & Analysis
- Perform data processing of collected ESI, identification of certain file types agreed to in the meet and confer, culling out of system files, deduplication of ESI by custodian or matter, and keyword searching.
- Prepare list of file exceptions (password-protected, encrypted and/or corrupt). Decrypt password protected files utilizing government-grade decryption hardware and software.
Hosting / Production
- Performed at law firm or through Cyber Diligence hosting partners.
- Identify documents to be produced in certain formats per requestor.
- Review annotations of reviewers to determine if they are appropriate.
- Create load files for various hosting/review tools.
We have a state of the art computer forensics lab equipped to process and search terabytes of data efficiently in preparation for counsel’s review. Cyber Diligence uses the latest computer forensics hardware and software to process ESI accurately and efficiently with full audit documentation.
In addition, we have developed a detailed eDiscovery playbook which addresses the challenges that litigation attorneys face:
a) Sanctions due to spoliation,
b) Adverse inference,
c) Accuracy and completeness of the eDiscovery process,
d) Quality control and
e) Cost overruns.
This service is applicable to any litigation matter where electronic discovery production is necessary. Considering that 97% of all business records are kept electronically, you need to understand your client’s IT systems to properly identify, preserve, collect and produce relevant ESI. In addition, you must understand the opposing party’s IT systems to ask for and receive all the relevant ESI you are entitled to. Cyber Diligence can provide you with the comprehensive technical and legal strategies you need whether you are the requesting or responding party in discovery.
- Provide guidance on duty to preserve and “litigation hold” as soon as litigation is reasonably anticipated.
- Help implement auditable “litigation hold” procedures to avoid pre-collection spoliation (i.e. suspend all document retention policies and procedures and suspend back-up tape rotations) and perform audits to ensure “litigation hold” is enforced.
- Understand your client’s IT infrastructure to identify relevant ESI for production.
- Assist in overall discovery strategy, including development of language in the document request which identifies relevant ESI with pinpoint accuracy.
- Assist in a responding party’s strategy, including identifying and collecting responsive ESI and minimizing privilege review time and expense.
- Develop a two-tier approach to obtain ESI consisting of 1) easily accessible, and 2) inaccessible (“burdensome”).
Meet and Confer
- Query the opposing party’s technical staff regarding their IT infrastructure.
- Assess the validity of technical arguments made by the opposing party’s technical staff regarding the availability of ESI.
- Assist in developing an agreeable identification, preservation, collection, search, and production methodology.
- Provide technical assistance with “not readily accessible ESI” and “cost shifting” issues.
(did I receive everything I asked for?)
- Determine if the opposing party’s discovery production is accurate and complete.
- Search and sort data efficiently; perform gap analysis that may suggest adverse inference.
- Assist counsel in developing strategic questions to determine if intentional withholding and/or spoliation of ESI have occurred.
- We bring a strong balance of forensic technology, investigation, legal, financial accounting and project management expertise to all our eDiscovery consulting assignments.
We bring a strong balance of investigative, legal, financial, and management expertise to all of our eDiscovery consulting assignments.