Corporations that find themselves subject of “government investigations”, perhaps related to litigation initiated by the SEC, FDA, or the IRS, face new and growing discovery challenges. Applicable discovery requirements may even be broader than normally defined under Federal Rules of Civil Procedure. Federal agency deadlines and subpoena rules of compliance may completely disregard burdensome document-production logistics. However, proactive management of a corporation’s response, combined with the use of electronic discovery (e-discovery) tools, can minimize stresses normally associated with such situations.
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What Lawyers Need to Know about Metadata
The tremendous growth in corporate electronic communications, and the associated recognition of its evidentiary value in litigation, has presented lawyers with a new source of evidence, but one with a steep learning curve – metadata. Metadata is information about the creation and handling of a document, and it is essentially invisible to the average email user. Its value in determining when a document was received, read, modified, forwarded and to whom it was forwarded and when…is something lawyers will learn to appreciate.
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Not All De-duplication is Created Equal
The e-discovery term “de-duplication” has understandable popularity among
lawyers and legal services providers. It conjures images of a reduction of identical documents to review, the associated time and cost-savings, and maybe even a weekend off!! It seems quite obvious then, that de-duplication is a vital selling point for e-discovery providers.
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