Over the last few years, technology has shifted the document discovery focus from hundreds of boxes of paper documents to terabytes of data in the form of electronically stored information (ESI). The prevalence of electronic discovery (e-discovery) has led to cases where the courts have not only sanctioned parties for withholding documents but have also addressed/sanctioned outside lawyers for not applying due diligence to preserving or presenting relevant information. The process has become onerous and complex, and as a result the risk of disclosure noncompliance has increased.
The following article, written by PricewaterhouseCoopers' national e-discovery practice leader Peter Vakof, discusses two significant tactics that can reduce the risk of noncompliance: adequate planning (measure twice, cut once) and proper case management (discover facts; don't make assumptions). The article originally appeared in the September 2008 issue of Lexpert magazine and is republished here with permission.