Avoiding an E-Discovery Disaster

This summer the whole country, particularly those of us living on the gulf coast, anxiously watched the seemingly endless images of oil leaking into the Gulf of Mexico following the deadly explosion on the BP oil rig Deepwater Horizon.  While the leak has only recently been capped, litigation stemming from the oil spill has already commenced.

In a recent article on law.com, Fred Blum and Nader Mehizadeh noted that much of the litigation stemming from the BP oil spill will depend on volumes of electronically stored information in BP's control.  After noting the potential e-discovery disaster that may come upon BP if its electronically-stored information (ESI) is not properly handled, the authors outlined the following six factors that can help anyone avoid an e-discovery disaster:

1.  Preserve Relevant ESI. 

2.  Confer with your opponent.

3.  Collect Data Intelligently.

4.  Rely on your vendor.

5.  Consider using hosted databases.

6.  If all else fails, go to court.

The underlying principle behind all six factors is that retention and production of relevant ESI is something that parties in litigation simply cannot afford to ignore.  The risks are simply too high.  However, electronic discovery disasters can be averted if parties are willing to take the time, and expense, to ensure that relevant information is preserved, communicate with the opposing party and experts in the field, and utilize technology to their advantage. 

 

 

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