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Electronic Discovery- The asset technology

The evidence is still the only ground rule in a court decision, and before the digital age, non-testimonial evidence primarily consisted of paper documents, photographs and other physical evidence which could easily be tampered or destroyed. With the advancement in technology, the format of discovery has changed significantly to include electronically stored information.

In the process of electronic discovery, evidence can be text, images, calendar files, databases, spreadsheets, audio files, animation, Web sites and computer programs. Even malware such as viruses, trojans, and spyware can be secured and investigated. At present, more electronically stored information transverses than paper documents, and electronically stored data is replicated and created at higher rates than its paper equivalent. Computer-assisted review or Technology Assisted Review, “T.A.R.”, coding and analytic software for e-discovery reduces the documentation needs and allows the legal team to prioritize the documents and this reduction in the number of pages decreases time constraint and cost as well.

Electronic discovery has made a significant impact on the litigation process. Preservation of electronic data and production in a format desirable to the opposing party has greatly increased expenses to litigants engaged in discovery. Electronic data discovery can be far more voluminous than paper discovery, and electronic data storage is possible in more locations, in much higher volume, and with greater ease than hard-copy data (e.g., on hard drives, flash drives, portable computers, cell phones, and “cloud” locations, etc.).

Preservation of data is a complex issue as over time new hardware and software get created and as systems become outdated, archives and potentially discoverable data come to a verse of easy tampering.  Electronically stored data often contains metadata or embedded information that traces the history of a file, which exists only for electronic documents and historically excluded from discovery. This information is now discoverable and often a significant factor in litigation.

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