December 1, 2006 the new Federal Rules of Civil Procedure went into effect.  These rules place more emphasis on ESI (Electronically Stored Information), or Digital Evidence.  For example, this new emphasis will place increased responsibility on attorneys, records managers, and litigation support staff to collect the electronic data in a defensible manner. Why does it have to be done in a defensible manner? Frequently during litigation, electronic information or digital evidence needs to pass evidentiary hearings. This digital evidence will likely be challenged as to its authentication and method of collection, and will be treated as “evidence.”  The new Federal Rules will place more “data collectors” in a position to be deposed and  testify as to their methods of collection.  Digital evidence is very volatile, and the metadata and content can easily be changed accidentally or maliciously. The managing and handling of discovery is becoming increasing complex as the volume and type of targeted information, and the number options for collecting, preserving, reviewing and producing such information, continues to grow exponentially.    

eFor employs and consults on best practices to collect data in a manner that is defensible, and to develop processes, procedures and workflows for managing discovery throughout the collection, preservation, review and production of relevant information.  Our consultants possess specific knowledge in this arena and are uniquely qualified to work with the General Counsel’s office, the IT department, and Outside Counsel as the Discovery Manager throughout the proactive implementation of strategies to streamline the handling of discovery requests.