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What is e-Discovery?

Electronic Discovery or “e-Discovery” is the process of producing relevant electronically stored information (ESI) to another party in litigation. Electronic Discovery refers to any process in which electronic data is sought, located, secured and searched with the intent of using it as evidence in a legal case.

Advances in technology have created an ever-expanding universe of ESI. Consider that:

  • The world sends over 60 billion e-mails daily.
  • 90% of all documents generated today are electronic.
  • A single hard drive can store the equivalent of 40 million pages.

The process of legal discovery has become increasingly complicated and challenging due to the advent of digital technology. Gone are the days of reading boxes and boxes of paper records in litigation. The memos and reports that once filled bankers boxes and filing cabinets have evolved into terabytes of data in electronic files in computers and exchange servers stored in the cloud, email accounts, thumb drives, compact discs (CDs / DVDs), smart phones, social media postings, as well as a myriad of other sources and devices that are all potentially “discoverable.” Because of continual advances in technology, Electronic Discovery has become a key component of the legal process.