E-discovery: Creating and Managing an Enterprisewide Program

One of the hottest topics in computer forensics today, electronic discovery (e-discovery) is the process by which parties involved in litigation respond to requests to produce electronically stored information (ESI). According to the 2007 Socha-Gelbmann Electronic Discovery Survey, it is now a $2 billion industry, a 60% increase from 2004, projected to double by 2009. The core reason for the explosion of e-discovery is sheer volume; evidence is digital and 75% of modern day lawsuits entail e-discovery.A recent survey reports that U.S. companies face an average of 305 pending lawsuits internationally. For large U.S. companies ($1 billion or more in revenue)that number has soared to 556 on average, with an average of 50 new disputes emerging each year for nearly half of them. To properly manage the role of digital information in an investigative or legal setting, an enterprise--whether it is a Fortune 500 company, a small accounting firm or a vast government agency--must develop an effective electronic discovery program. Since the amendments to the Federal Rules of Civil Procedure, which took effect in December 2006, it is even more vital that the lifecycle of electronically stored information be understood and properly managed to avoid risks and costly mistakes. This books holds the keys to success for systems administrators, information security and other IT department personnel who are charged with aiding the e-discovery process.