Electronically stored information preservation obligations are no different than paper documents. Generally, an organization has a duty to preserve relevant data once a legal action is reasonably anticipated. Defining “reasonable anticipated” is a topic still disputed in the courts, however, the dynamic nature of electronic evidence makes a rapid and diligent response imperative. Improper preservation of documents often results detrimental results including: fines, adverse inference jury instructions, or default judgments.

While the discovery process essentially remains unchanged, the media (ESI) is complex. The significant differences of ESI include location, form and persistence. Where discoverable paper documents were usually stored in a few identifiable locations, one standard form, and once destroyed are lost. Today’s electronic data can literally reside globally, documents are easier to copy, alter and destroy, and even though documents can be deleted, restoration can usually be accomplished by various methods and technologies.

Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market – a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic Discovery surveys as a major concern for vendors and consumers alike. The completed reference model provides a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services.

EDRM News

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