Electronic discovery is often a very expensive and time-consuming endeavor for legal teams, particularly for organizations that are subject to serial litigation, inquiries from government and industry regulators, and internal investigations. While part of the rising cost of satisfying e-discovery obligations stems from the growth of electronically stored information, or ESI, it is becoming increasingly clear that the e-discovery methods being used by practitioners could be making the problem worse.
Since its inception, e-discovery has been modeled around the traditional paper discovery model boxes and boxes of documents being manually sifted, sorted and processed by armies of lawyers. Typically, an ESI case is managed on a matter-by-matter basis, with data collected, processed and reviewed, with no thought given to its treatment in prior matters. While this approach to e-discovery has served a purpose, in recent years it has become increasingly untenable, particularly for those involved in serial litigation due to the exponential increase in the quantity of ESI. Indeed, according to IBM, a staggering 2.5 quintillion bytes of data will be created every day in 2012.
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