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What is eDiscovery?
1. eDiscovery
How eDiscovery changed the
information gathering system in
courts
2. eDiscovery Slide 1
• Electronic discover or eDiscovery have been
proven to be a vital source of information
when providing pieces of information that are
required during litigation or during a legal
process. eDiscovery was first amended in 2006
and since then, eDiscovery evolution have
come a long way.
3. eDiscovery Slide 2
• During that time, the United States Federal rules of
Civil Procedure approved that gathering litigation-
worthy facts and data. These facts should be done in
the initial phase of a civil lawsuit. Whatever piece of
information found that can serve as a proof to defend
both sides’ cause is called as the electronically stored
information or ESI. These includes documents typed in
word format, spreadsheets or those written in excel
can be presented as an evidence. Along with the
eDiscovery evolution, the facts found from the internet
through email and even phone mobile conversation
valid
5. eDiscovery Slide 3
• It is very undeniable that each human being
uses technology for communication,
transaction, leisure, business negotiation and
the like. No matter what positive result it
brings, there will always be glitches and
misunderstanding that will cause civil lawsuits.
Experts have studied the relevance of
including electronic data to be presented in
courts and they have found out how big of an
impact it can bring.
6. eDiscovery Slide 4
• What lawyers like about eDiscovery evolution
is that it is precise, intangible, and it contains
rich information that may serve as a key in
winning a lawsuit like copyright infringement,
breach of contract, employment problems,
and many others. Although a Microsoft
document or the spreadsheet can be deleted
nor edited, it contains metadata or hidden
files that even the person who alters it is not
aware.
7. eDiscovery Slide 5
• The metadata can record information like IP
address or internet protocol address, the date
a certain document was revised, the time and
date when an email was sent, etc. Audio and
video conversation especially in the internet
and mobile phone can be accessed through
conversation history. The time, date and
content of the conversation are logged and it
cannot be altered.
8.
9. eDiscovery Slide 6
• Because of eDiscovery phenomena, IT industries
offered their services to lawyers, courts and
clients who seek electronic data that can be very
useful in their cause. This is another eDiscovery
evolution wherein it combined the law and
information technology. The court is aware that
due to the overwhelming email exchange and
long conversation some information may be
irrelevant. Because of that, IT companies conduct
special training to extract valuable information
that may change the course of the lawsuit in
favor for their clients.
10. eDiscovery Slide 7
• As of today, there is no doubt that eDiscovery
evolution will continue since IT companies are
still looking for ways on how to make data
retrieval faster to speed up civil litigations. Aside
from that, the continuous development of
internet applications and software which people
use is prone to copyright issues, piracy, fraud,
breach of contract and the like. along with these
changes, it would lead to changing of rules and
regulations when it comes to gathering facts
through electronic gadgets but rest assured that
these changes are for the better.