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P. 104
Processing
The processing stage converts collected data to a form that can be systematically analyzed
and reviewed in a software platform. During this phase, an e-discovery provider can employ
strategies to reduce the volume of data such as removing duplicate documents (a process called
“deduplication”), system files, and other irrelevant noise from the collection, ultimately lowering
the cost of the priciest stage of discovery: review.
Review
During this stage, the client’s data is reviewed and coded for responsiveness and privilege
to prepare it for production. Studies have shown that review is the most expensive phase of the
process, with some researchers maintaining that it accounts for up to 73 percent of discovery
budgets.4
Clients have panoply of options at their disposal for reviewing data. Traditionally clients
have relied on manual (or linear) review, wherein an army of lawyers pores over each document.
Today many organizations employ tools to sort the data electronically, using search terms to isolate
potentially relevant data, which then is sent to reviewers for responsiveness and privilege review
and coding. Other analytic techniques, such as e-mail threading, can eliminate the need to review
multiple chains of the same e-mail. Advanced technology-assisted review solutions, including
predictive coding, can speed the process of review by applying computer logic to the data
population, enhancing and in some cases replacing the first levels of human review. A
knowledgeable discovery provider can discuss the best options for the particular matter based on
scope, cost, and the nature of the data.
Analysis
The analysis of information plays an essential role in the early assessment of cases.
Evaluating ESI for content and context can highlight critical fact patterns such as timelines,
revisions to documents, and the roles of various players in the litigation. Data analysis can also
help determine potential exposure that can drive decisions such as whether it makes economic
sense to settle early or proceed to trial.
Production
Production is the phase in which the responsive data is made available to the other parties.
In some jurisdictions, local rules may specify the appropriate form of production for data;
otherwise, the parties should address the format for production during the Fed. R. Civ. P. 26(f)
conference to avoid costly disputes that may arise after data is produced, which could require a
second production of data in a different form.
Typically, parties will elect to produce data as single-page, Bates-stamped TIFF images
along with their metadata, accompanied by a standard database load file. However, some
documents, such as spreadsheets, databases, and presentations, do not lend themselves to that
4 Nicholas M. Pace & Laura Zakaras, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, 41-42
(2012), http://www.rand.org/content/dam/rand/pubs/monographs/2012/RAND_MG1208.pdf.
89
The processing stage converts collected data to a form that can be systematically analyzed
and reviewed in a software platform. During this phase, an e-discovery provider can employ
strategies to reduce the volume of data such as removing duplicate documents (a process called
“deduplication”), system files, and other irrelevant noise from the collection, ultimately lowering
the cost of the priciest stage of discovery: review.
Review
During this stage, the client’s data is reviewed and coded for responsiveness and privilege
to prepare it for production. Studies have shown that review is the most expensive phase of the
process, with some researchers maintaining that it accounts for up to 73 percent of discovery
budgets.4
Clients have panoply of options at their disposal for reviewing data. Traditionally clients
have relied on manual (or linear) review, wherein an army of lawyers pores over each document.
Today many organizations employ tools to sort the data electronically, using search terms to isolate
potentially relevant data, which then is sent to reviewers for responsiveness and privilege review
and coding. Other analytic techniques, such as e-mail threading, can eliminate the need to review
multiple chains of the same e-mail. Advanced technology-assisted review solutions, including
predictive coding, can speed the process of review by applying computer logic to the data
population, enhancing and in some cases replacing the first levels of human review. A
knowledgeable discovery provider can discuss the best options for the particular matter based on
scope, cost, and the nature of the data.
Analysis
The analysis of information plays an essential role in the early assessment of cases.
Evaluating ESI for content and context can highlight critical fact patterns such as timelines,
revisions to documents, and the roles of various players in the litigation. Data analysis can also
help determine potential exposure that can drive decisions such as whether it makes economic
sense to settle early or proceed to trial.
Production
Production is the phase in which the responsive data is made available to the other parties.
In some jurisdictions, local rules may specify the appropriate form of production for data;
otherwise, the parties should address the format for production during the Fed. R. Civ. P. 26(f)
conference to avoid costly disputes that may arise after data is produced, which could require a
second production of data in a different form.
Typically, parties will elect to produce data as single-page, Bates-stamped TIFF images
along with their metadata, accompanied by a standard database load file. However, some
documents, such as spreadsheets, databases, and presentations, do not lend themselves to that
4 Nicholas M. Pace & Laura Zakaras, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, 41-42
(2012), http://www.rand.org/content/dam/rand/pubs/monographs/2012/RAND_MG1208.pdf.
89
