"I hope you're not going to base your corporate billing procedures on a "Value Added" scenario. I might owe you a million dollars if so. Great job you guys."
Michael A. Fidelholtz
Controller, Form Tech Concrete Forms
Cleveland, Ohio
Electronic Discovery of data is an extension of RULE 26(a)(1) of the Federal Rules of Civil Procedure which governs the disclosure of "all documents, data compilations and tangible things" subject to discovery in litigation. Electronic Digital Discovery is primarily an organization tool, allowing the user to process, locate, recall, and parse large amounts of data using powerful electronic searching and indexing tools. Considering that more than 90% of all documents and communications are produced digitally, and many of these items are never printed to paper media, Electronic Digital Discovery is a very powerful tool.
Electronic Digital Discovery is not an investigative or analytic tool. It is limited for example, to organizing and retrieving only that portion of the information on a computer that everyone can see, access, and copy. If data that supports your legal theory or strategy has been deleted, hidden, or otherwise rendered invisible to the computer’s operating system, you won’t find that information using Electronic Discovery.
Computer forensic analysis, on the other hand, is an inclusive analytic tool that identifies, extracts, preserves, and searches both the visible and the "invisible" information on a computer. Computer forensic analysis finds, compiles, and parses all the evidence, including evidence comprising deleted files, unallocated space, slack space, hidden files, and encrypted files. Once all the evidence has been located, extracted, compiled, and parsed, it can be inserted into common Electronic Discovery tools and integrated into a case. Thus, Computer Forensics is a powerful engine that enhances the Electronic Discovery process because Computer Forensic analysis gives you all the information Electronic Discovery can provide plus a whole lot more.