E-discovery: What to do (and not to do) when collecting ESI

It’s crucial to have a game plan, document key steps and address issues at the outset

In our first two articles, we discussed the benefits of records management and methods for identifying and preserving ESI (our third article covered hot topics and recurring issues in recent e-discovery case law). Now it’s time to start collecting that information to review and, ultimately, to produce.

The collection process should be comprehensive without being over-inclusive. It should preserve the integrity of the data, the chain of custody and authenticity of the documents, and should be cost- and time-efficient and not disrupt the organization’s business operations.

What data should be collected

After determining the collection method, outside and in-house counsel must make a series of decisions regarding what types of data will be collected. It is best for the parties to agree on these issues in order to streamline the collection process and minimize discovery costs by reducing both the volume of ESI to be collected and the number of disputes. Ideally, consensus (which should be reduced to writing) should be reached on the following issues:

Contributing Author

author image

James Bernard

James L. Bernard is a Partner in the Litigation Practice Group at Stroock & Stroock & Lavan LLP. His practice covers a range of complex...

Bio and more articles

Contributing Author

author image

Michael Quartararo

Michael Quartararo is the Director of Litigation Support Services at Stroock & Stroock & Lavan LLP, an adjunct instructor at Bryan University's E-Discovery Program, and...

Bio and more articles

Contributing Author

author image

Jason Vinokur

Jason S. Vinokur is an associate in Stroock's Litigation Practice Group.

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.