![]() Review: Evaluate ESI for relevance and privilege.Processing: Reduce the volume of ESI and convert it, if necessary, to forms more suitable for review and analysis.Collection: Gather ESI for further use in the eDiscovery process.Preservation: Ensure that ESI is protected against inappropriate alteration or destruction.Identification: Locate potential sources of ESI and determine its scope, breadth and depth.Information Governance: Get your electronic house in order to mitigate risk and expense should eDiscovery become an issue, from the initial creation of ESI through its final disposition.The key stages of the eDiscovery process, as defined by the Electronic Discovery Reference Model, are as follows: ![]() Read Our Complete Guide to Regulatory Compliance for Electronic Communications Failure to comply with FRCP could result in severe penalties, such as fines and fees or, in some cases, even criminal charges. Under the FRCP, businesses are required to store and manage data in such a way that it can be easily retrieved in the event of an eDiscovery request most businesses satisfy this requirement by implementing strict data retention policies on all ESI, including emails. The Federal Rules of Civil Procedure (FRCP) established ground rules for eDiscovery in 2006, which were later amended in 2015 in the interest of limiting the scope of eDiscovery requests, expediently resolving disputes and introducing flexibility around penalties. Electronic discovery, often abbreviated as eDiscovery, refers to the process by which legal entities request, obtain and search electronically stored information (ESI) - including email, text messages and social media content - relevant to impending or ongoing litigation.ĭiscovery has always been vital to the legal process because it introduces incontrovertible evidence to the record, and the nature of discovery has evolved over time to accommodate the shift from paper-based documentation to computer-generated content by expanding to include ESI such as: ![]()
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