Most attorneys are familiar with e-discovery. It often evokes images of people reviewing documents for responsiveness and privilege, or producing documents with Bates stamps on them. The e-discovery process, however, actually starts well before document review. Using the Electronic Discovery Reference Model, we learn that the far left-hand side of the e-discovery workflow is centered on information management. Decisions we make regarding information management and how to handle data will greatly reduce the eventual burdens of document review and production.
The common term for information management in a corporate setting is “information governance.” Information governance refers to a set of policies and practices which help an organization understand where its data is stored and how it is managed. This article will focus on information governance as it relates to data storage, management, preservation and collection in the context of mitigating burdens of e-discovery.