Data Collection

It takes a minute to come to terms with the definitions of "structured" and "unstructured" data. It seems logical to associate “formatting,” such as the formatting that comes with word documents (indentation, headers and footers, paragraphs, etc.) with “structure,” but the terms are used very differently when it comes to describing data. This blog will explore structured data, particularly as it pertains to the preservation, collection, processing, review and production of such data, using the Slack instant communication tool as an example.

There is often a lot of discussion around the processing and review of documents in a litigation, most likely because these phases end up costing the most money and taking the most time. What is often overlooked, however, is the collection process and how that phase sets the tone for the rest of discovery, including overall case strategy, knowledge gathering and cost thresholds for the case. In this blog, I lay out some best practices that can be followed to collect data in a sound manner while keeping costs reasonable and gathering all relevant information. 

You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not, I encourage you to read it here.  In this post, and continuing our music-themed sanction discussions, I narrow the focus to Federal Rule of Civil Procedure Rule 37(e), which is used to determine whether and what sanctions are appropriate when ESI spoliation occurs. A recent decision from the Minnesota District Court involving the estate of the artist Prince Rodgers Nelson (“Prince”), Paisley Park Enterprises, Inc. v. Boxill, provides a detailed review of the sanctions analysis under Rule 37(e), while dealing with a category of very common ESI data often at issue in litigation today –  mobile phone text messages.

Mobile devices are an absolute necessity in our everyday life. When it comes to litigation (or potential litigation), our beloved devices are usually subject to discovery as they may contain information that is relevant to proving or disproving a case. As a result, when developing a data collection strategy, mobile devices must be considered. Mobile devices may now be as valuable as the more typical sources of information, namely personal computers and network locations, and with this newly-recognized discovery relevance comes a potential for trouble.

This is Part One of a continuing series on ESI basics. In this series, we will cover some of the terms used most often on the tech-side of e-discovery. Whether this is an introduction to you, or a refresher, and whether you are an attorney, member of an in-house team, or data analyst, we think this information may come in handy in your practice.