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Electronic Discovery (E-Discovery) refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case. At Vestige Digital Investigations we offer E-Discovery, also called Electronically Stored Information (ESI), Consulting Services.

Too often cases involving digital evidence/ESI hinge not upon the substantive nature of the matter at-hand, but how well the ESI is managed to curtail out-of-control costs, lost data, claims of spoliation, sidebar litigation surrounding the effectiveness of one party’s search and production and countless other issues surrounding the E-Discovery.

Wouldn’t it be Great if you Could Just KNOW that Everything is Being Handled?

Finding the Critical Information
Sooner or later almost every business is faced with producing electronic evidence to comply with court mandates or regulatory requests. Vestige’s professional electronic discovery consultants analyze terabytes of data — to uncover the most relevant evidence. Our computer forensic services, which include data analytics, data visualization, deduplication, keyword searching, predictive coding and hosting on our SOC-2 certified secure data center, follow the Sedona Conference standards to ensure quality in areas such as document tracking and exceptional reporting, making the E-Discovery process and decisions transparent and defensible in court.

If you understand the value of leveraging the use of technology over manual review and have at least 600,000 documents, Vestige E-Discovery is for you!

Trusted Staff
Vestige’s technical Electronic Discovery staff includes certified analysts and administrators who can handle any technical challenge that might arise. Our team addresses very complex E-Discovery issues, from the preparation of forensic and E-Discovery protocols to matters involving sophisticated search and retrieval methodologies, Rule 26(f) requirements, Special Master/Neutral Experts, and more.

Our E-Discovery Benefits:

  • Vestige designs, implements and take responsibility for all aspects of the Electronic Discovery Reference Model (EDRM)
  • Plan & Manage the Project
  • Identify Relevant Data Sources
  • Preserve Electronic Evidence
  • Process & Search Large Volumes of Data
  • Create a Searchable Database of all discoverable information from all technology sources simultaneously and without disruption to your client or personnel
  • Accommodate Aggressive Deadlines
  • Minimize Cost

 

The Vestige Difference
Our process is what sets us apart:

Speed
Speedy access to critical information, earlier in the process

Control
Improves attorney control to identify, preserve, analyze, produce & review ESI

Insulation
Insulates client’s IT, business processes and confidential data from adversarial discovery process

Cost
Decreased total overall cost of preparing and responding to managing ESI as evidence

 

Vestige E-Discovery Services

DEFENSIBLE PRESERVATION PLAN
Creating a Defensible Discovery & Litigation Hold Plan

A defensible litigation hold requires an understanding of the client’s infrastructure and flow of data throughout the environment, its users and the technical devices that allow that to happen. Vestige assists organizations through understanding the legal, discovery and technical issues specific to your matter. This information, combined with our extensive experience is documented to ensure that throughout the litigation the decision points and choices made (along with their justification) is transparent and documented. This information becomes an invaluable tool for the litigation and is available immediately and throughout the litigation.

The first step in any discovery production is to properly identify sources of discoverable information (i.e. data sources that contain relevant information or information that may reasonably lead to the discovery of admissible Defensible Preservation Plan: It’s Like Insurance for E-Discovery evidence). In the average organization’s technology infrastructure there are many sources of relevant data. Unfortunately, to the untrained individual, locating these sources of data, recognizing the usefulness of each and properly preserving and collecting the evidence can be a difficult, if not impossible, task.

Vestige specializes in understanding the technical sources of data. Our expertise in bridging the gap between what is needed on the legal front and what is available on the technical front provides assurance that any and all relevant data sources will be preserved and analyzed.

More specifically, the law does not intend for the preservation and production to be “perfect”; rather, it seeks to ensure fairness (to all sides) and reasonableness. Defensibility is the key today!

Vestige’s Defensible Preservation Plan keeps the attorney and the client out of trouble because it expertly identifies and defines the relevant electronic evidence and simultaneously preserves and collects that evidence in a manner that isn’t typically challenged as it exceeds today’s standards in use by most parties involved in litigation.

This is a collaborative process between Vestige’s Digital Experts, the client’s legal team, the client’s Information Technology Department, and the custodians. Vestige takes control and responsibility for properly identifying, preserving, collecting, and documenting not only what evidence ought to be preserved, but also the facts that support those decisions.
A Thorough Defensible Preservation Plan includes:

  • Understanding the organization’s IT infrastructure
  • Exploring and identifying the sources of relevant data in use by the organization as a whole and individual contributors and key players in the litigation
  • Technical and legal advice on what needs to be preserved as well as the most effective and cost-efficient means for doing so an air-tight, defensible written plan that ensures that the right data is collected in the right way defended by Vestige’s Electronic Evidence Experts.

Clients that engage Vestige to perform a Defensible Preservation Plan avoid challenges to the efficacy of their identification and preservation of digital evidence.

DEFENSIBLE SEARCH
Defensible Search Plan utilizes technology to efficiently respond to Discovery. It is geared specifically for the Producing Party in those situations when they are not focusing on building thier case or fact find, but instead are simply interested in responding in the most cost effective and expedient manner. It combines legal, statistics, linquistics and technical capabilities from your Vestige Digital Electronic Experts. Case law does not mandate that Discovery be perfect, but must be DEFENSIBLE.

The Vestige Defensible Search provides the solution you’re looking for.

OnePass℠ CONTROLLED DISCOVERY
Problems with Traditional “Paper” Discovery
Studies have shown that nearly 93% of all corporate communication is conducted electronically and upwards of 70% of that may never be printed. As early as 2006 the judiciary recognized that nearly every civil federal matter involved the discovery of e-mail and certainly with both the changes in the Federal rules of Civil Procedure to address Electronically Stored Information (ESI) and society’s increased reliance upon technology, the likelihood that the evidence you seek to prove and defend your case on is likely going to be in electronic format.

Paper has some distinct disadvantages, including:

  • Inability to search
  • Hard to collect, categorize and analyze
  • Expensive to work with unless multiple copies are made, only one person can review or work with each document at a time

Problems with Traditional “E-Discovery” Processes

Too often e-discovery progresses down the usual “paper-based” discovery methods. The problem is, Electronic Evidence is not traditional paper and application of those existing solutions fall flat. As professionals within this area, Vestige often hears objections from clients and attorneys such as:

  • E-discovery is too expensive
  • Volume of data needing to be reviewed as a result of e-discovery is tremendous
  • No additional value is gained by looking at the electronic evidence in a matter
  • It is difficult to collect and preserve electronic evidence
  • Electronic evidence is too complex and results in side issues that have nothing to do with the merits of the case at-hand

All of these observations are valid criticisms…If electronic evidence is handled incorrectly.

Vestige OnePass℠ Solves these Problems
On the other hand, Vestige’s clients find that their experience using electronic evidence drastically differs. Vestige’s clients realize the following benefits surrounding the use of electronic evidence:

  • Quick and thorough identification and preservation of electronic evidence
  • Defensible processes that protect the client, the attorney and information that is not relevant to the matter
  • Control of the relevant data for the legal team
  • Early assessment of the review, response and case-building components of discovery
  • Dramatically reduced total costs of managing, responding to and using electronic evidence
  • Better information to make informed decisions regarding the value of the case, positives and negatives with the case theory, litigation strategies and settlement strategies

OnePass℠ Controlled Discovery is our comprehensive E-Discovery Solution that encompasses the entire EDRM. It allows the Experts at Vestige to properly manage the discovery process, maintain control over document production and protect the client’s IT Dept. It encompasses:

  • Identification
  • Preservation & Collection
  • Processing, Review & Analysis
  • Production
  • Presentation

OnePass℠ is a legally defensible, strategically desirable solution that leverages Vestige’s legal and technology expertise to lessen our client’s burden of recognizing, preparing and responding to legal issues related to the technological aspects of electronic evidence. OnePass℠ delivers value by placing our client in control of electronic evidence faster than any alternative while insulating our client’s business processes from adversaries , all while decreasing the overall total cost of managing the electronic evidence. OnePass℠ delivers value by placing our client in control of electronic evidence faster than any alternative available while insulating our client’s business processes from adversaries and decreasing the overall total cost of managing electronic records with our legal technology services.

CONTACT US today to discuss how Vestige can assist with computer forensic services.

 

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