In this section, you’ll learn about the discovery phase of litigation, which has evolved from its origins in English common law into the modern field of ediscovery. The chapter explains how the proliferation of ESI has transformed the process, expanding it beyond litigation to include use cases like regulatory investigations and internal audits. You’ll also be introduced to key ediscovery terms, such as ESI, legal holds, and metadata.

This chapter explores the importance of cooperation in ediscovery through the use of the meet and confer process and ESI protocols. It outlines how the meet and confer process, mandated by FRCP Rule 26(f), provides a structured environment for parties to proactively address potential ediscovery challenges and negotiate terms for the exchange of electronically stored information.

In this section, you’ll learn about Early Case Assessment (ECA) as a best practice for managing discovery. The chapter defines ECA as a strategic process for rapidly investigating and analyzing evidence to evaluate risks, identify key issues, and develop an informed case strategy. You will also learn the difference between ECA and Early Data Assessment (EDA), as defined by The Sedona Conference Glossary.

In this section, you’ll learn that choosing the right ediscovery software is essential for managing modern legal matters, which are complicated by the explosion of data from sources like Slack and Teams, and stricter regulations like GDPR and CCPA. The chapter details how AI, including predictive coding (TAR), has become a core tool for review efficiency.

In this section, you will learn that managing ediscovery is more challenging than ever due to Big Data—characterized by the “Three V’s” of volume, velocity, and variety—necessitating scalable technology for defensibility. The chapter addresses how mobile device data and the rise of personal-device use create privacy and collection hurdles. It details the significant complexity introduced by Enterprise Solutions and Collaboration Apps (like Teams), particularly concerning hyperlinked files and the lack of traditional attachments.