Companies served with a criminal subpoena often face a challenging dilemma. With hundreds of gigabytes, or even a few terabytes, of electronically stored information (ESI) on their servers and employees’ hard drives, how do they ensure an adequate response to the subpoena without their electronic discovery costs spiraling out of control?
In the civil context, parties are encouraged to meet, confer and cooperate in the selection of key words or other search methodologies. In a criminal investigation, however, no parallel system exists.
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