Discovery of electronically stored information, even under optimum circumstances, is a complex, dynamic and difficult process. It is also a collaborative process requiring a mix of legal, business and technical knowledge and skills combined with an increasing reliance on technology to facilitate the process

These imperatives are being positively addressed by the courts through evolving interpretations of the Federal Rules of Civil Procedure and the December 2006 Amended Rules, resulting in several major themes that are important for litigation and discovery practitioners to understand. 

Foremost is the requirement for counsel to demonstrate best efforts to achieve a cooperative and efficient approach for accomplishing cost-effective ESI discovery. Inherent in this requirement is the desire of the courts to be unburdened from involvement in resolving capricious discovery issues resulting from lack of diligence and good-faith effort on the part of counsel. These requirements point to the unquestionable need for counsel to understand ESI sources and information technology, including the software tools that facilitate discovery and litigation. It is also important for counsel to understand how the ESI discovery process works within the framework of corporate governance and technology issues.  

These imperatives are made more urgent as the absolute volume of information continues to increase and litigators are obliged to forego “game theory” approaches in favor of strategic cooperation in order to effectively contain discovery costs and protect the client’s position. Seeking all relevant information will give way to seeking the best relevant information.
This will require use of sophisticated discovery tools—concept and contextual searching, artificial intelligence, statistical sampling, and relationship mapping—that help automate the discovery process, reduce costs and enhance process and information integrity. 

As noted, these efforts take place within the framework of law. In that regard, there is considerable detailed material available covering the Federal Rules of Civil Procedure and the December 2006 Amended Rules, including compendia of related case law. Accordingly, this book does not attempt to repeat that body of information. 

Instead, this book is designed to provide discovery and litigation practitioners with an easy-to-read introduction and reference source for understanding ESI sources and underlying information technology, the functional components of the discovery process, and the discovery technology that supports that process. 

The book is organized into five sections.  
 ▪  Introduction to the ESI discovery lifecycle and the information technology systems likely to be encountered
 ▪  Explanations and discussions of the major sources of ESI
 ▪  “Walkthrough” of the e-discovery lifecycle processes
 ▪  Information on how to be better prepared for e-discovery in the future
 ▪  Additional reference information. 

Each chapter provides information to educate the reader concerning the various topics covered, and concludes with a summary of issues and concerns that may need attention, as well as recommendations that may be helpful to practitioners in addressing those issues.

In using this book it is important to keep in mind the constant and rapid pace of change that takes place within information systems organizations and in the systems and software tools used by those organizations. This dynamic aspect of information systems makes it extremely difficult even for specialists in the field to keep current with emerging technology, especially its impact on systems already in place within the organization (legacy systems). 

To gain a thorough understanding of any particular information technology would require intensive study of large volumes of information on the subject. Such an effort is impractical and beyond the ordinary scope of most practitioners in the legal profession. However, counsel must understand information technology well enough to meet the intent of the Amended Federal Rules and to adequately represent the best interests of their client. 

This book addresses this challenge by focusing on the fundamental characteristics and intent of the applicable technology, not on the arcane details of any particular technology. By taking this approach, the reader is equipped with sufficient information to know what questions to ask, what person in the organization might have the answers, and whether the answers are sufficient to satisfy the particular issue or requirement. 

To achieve these objectives, the book is organized to enable easy reading and quick reference to topics, while minimizing dependence on footnotes, endnotes and other cumbersome annotations.

Finally, the authors recognize that most organizations face budgetary and other resource constraints that impose limitations on their practical ability to implement some of the recommendations set forth in this book. This does not mean that the recommendations should not be considered where resource constraints exist. On the contrary, in all situations, the recommendations should be viewed as incremental objectives that can move the organization forward in terms of achieving effective eDiscovery capabilities. Accordingly, each organization should consider the recommendations, set priorities, and establish plans for selective implementation that optimize that organization’s respective capabilities.     

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CHAPTER 1 - INTRODUCTION
Enhancing  Enterprise  Value
Allegent Advisors provides services to insurance companies...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to insurance agencies ...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to insurance brokers...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to insurance MGAs...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to insurance wholesalers...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to Fortune 500 companies...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to Fortune 5000 companies...strategic governance, risk management, compliance, performance enhancement, M&A
Allegent Advisors provides services to insurance companies..electronic discovery, e-discovery, information lifecycle management, legal lifecycle management
Allegent Advisors provides services to insurance agencies ...electronic discovery, e-discovery, information lifecycle management, legal lifecycle managemen
Allegent Advisors provides services to insurance brokers...electronic discovery, e-discovery, information lifecycle management, legal lifecycle managemen
Allegent Advisors provides services to insurance MGAs...electronic discovery, e-discovery, information lifecycle management, legal lifecycle managemen
Allegent Advisors provides services to insurance wholesalers...electronic discovery, e-discovery, information lifecycle management, legal lifecycle managemen
Allegent Advisors provides services to Fortune 500 companies...electronic discovery, e-discovery, information lifecycle management, legal lifecycle managemen
Allegent Advisors provides services to Fortune 5000 companies...electronic discovery, e-discovery, information lifecycle management, legal lifecycle managemen
Allegent Advisors CEO & President, G. Edward Kalbaugh, author of "ESI Handbook: Sources, Process & Technology"
Allegent Advisors CEO & President, G. Edward Kalbaugh, author of "Corporate Investigations & Disputes: LifeCycle Process, Technology & Lessons Learned"
Allegent Advisors CEO & President, G. Edward Kalbaugh, author of "Strategic Governance In The New Economyh: Integrated Strategies and Operational Guidance for Proactive  Boards"