Production
With the unprecedented increase in the amount of electronic data that is being created and stored in the corporate community, there has been a corresponding increase in focus on how data that has been collected and reviewed is ultimately produced in civil litigation and regulatory investigations. Because of the complexity, the potential costs and the significant risks associated with producing electronic data, the topic has been addressed in a growing number of articles, white papers and judicial opinions. As a measure of the significance of the topic, production of electronic data is addressed directly in the amendments to the Federal Rules of Civil Procedure. For example, Rule 26(f) sets an expectation that the method and format by which electronic data are to be produced should be considered and negotiated by the parties early in the discovery process. Proposed Rule 26(b)(5)(B) addresses the inadvertent production of privileged information and outlines the procedure by which this issue is to be dealt with in a case involving electronic data. And proposed Rule 16(b)(5) provides that any agreements reached regarding the assertion of privilege after production will be included in the Scheduling Order. The production of electronic data has presented challenges in the discovery process to the degree that specific rules have been drafted, commented on and redrafted to address the issues. This section addresses the options and the variables of electronic document production.
eDiscovery Guide
Production Articles
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eDiscovery Production: Forms of Production
Pursuant to the Federal Rules of Civil Procedure, a party producing electronically stored information must produce the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
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eDiscovery Production: Negotiation Considerations
Negotiations about the form in which the production of documents by all parties will be made should have already occurred by the time documents are being prepared to be produced.
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eDiscovery Production: Evaluation of Production Files
Evaluation of the production files is an important step in the electronic discovery process that must be performed before releasing the documents to the requesting party.
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Production: Hosting Data
In the electronic discovery world, it is still necessary to find "space" for a very large volume of electronic documents, even if you can't see them as you can see boxes of paper documents.
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Production: Communication Within Your Team
In the electronic discovery era, technology and technicians are critical to ensuring a smooth and efficient production.
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Production: Production History Log
It is very important to document the history of document productions, both paper based and electronic based.
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Production: Loading Data into Your Internal Database
When loading the data into your internal database--whether data produced to you or data produced by you--it is important to keep in mind considerations to prevent alteration of the data you have received and to facilitate the efficient review by the legal team.
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