Technology: Self-collection is not always the fox guarding the henhouse

Some self-collection processes, however, may be too risky

Self-collection of documents and electronically stored information for use in litigation is sometimes described as being akin to the fox guarding the henhouse. The premise is that companies and their employees supposedly can't be trusted to do the collection themselves. They may be tempted, the theory goes, not to collect harmful documents. Or worse, they may be tempted to destroy them.

That characterization greatly oversimplifies reality, particularly considering the range of self-collection techniques that companies may employ. Whether a fox may be guarding the henhouse really depends on the particular type of self-collection process a company employs. It also depends upon who is doing the self-collection.

Contributing Author

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Gareth Evans

Gareth Evans is a partner at Gibson Dunn. His practice focuses on complex litigation, including information technology, data privacy and e-discovery.

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