Deborah Blaxell highlights the importance of making the correct e-disclosure technology choices
Electronic disclosure plays a critical role in today’s legal environment. It is therefore important for those involved in e-disclosure exercises to be able to make informed choices regarding the various e-disclosure strategies, tools and techniques available to assist in sifting through the volumes of electronically stored information (ESI).
Practice Direction 31B
In the UK, Practice Direction 31B was introduced in October 2010 to provide a framework within which litigants can apply strategies to keep the costs of disclosure in litigation at a proportionate level, whilst ensuring that the relevant information is preserved at an early stage and disclosed as required. In recent years, there has also been a dramatic increase in the number of regulatory investigations commenced against companies in various jurisdictions, on occasion as a result of concerted action by numerous regulatory bodies.
Every case is different, involving differing sets and volumes of data, numbers of custodians, budgets, jurisdictions, and technical and legal considerations. Clients’ requirements vary from case to case and from jurisdiction to jurisdiction, demanding the