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Early Evidence Assessment

Responding to Discovery: Early Evidence Assessment

Early Evidence Assessment When the strong possibility of litigation or investigation exists, or you’ve just learned an electronic discovery request is on its way, understanding the data universe that may be relevant is crucial. An early assessment of potential evidence can help you identify areas of risk, predict costs, establish timelines and better understand your organization’s overall exposure.

Fios’ Early Evidence Assessment service helps legal teams analyze a representative sample of the data populations and search protocols so that you can:

  • Ensure potentially responsive electronically stored information ESI is being properly identified and preserved
  • Estimate exposure and scope of discovery
  • Identify barriers or accelerators for settlement
  • Support decision-making on breaking cases

  • Fios consultants work with you and the discovery response team to collect, process and analyze a small subset of the evidence. This analysis provides a snapshot about the given data set, such as ESI attributes, potential data volumes, accessibility and potential relevance.

    The entire process will enable you and your team to better understand the strategic and practical next steps required for e-discovery response. You will gain needed information for defensible decisions, which take into account:

  • How much risk or exposure your organization might have in an actual or potential matter
  • The total scope and potential cost of litigation related to e-discovery
  • The time line and resource requirements for collecting, reviewing and producing the ESI
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    Relevant Resources

    Case Study: Pharmaceutical Corporation and Intellectual Property Litigation

    Although patent litigation is a fact of life for most pharmaceutical companies, few are adequately prepared to manage the costs and risks associated with electronic discovery. When a major domestic drug company faced simultaneous patent challenges against two of its signature products, the company turned to Fios for comprehensive e-discovery response planning to enhance preparations for the pending matters and establish a framework for responding to future litigation more efficiently and cost-ef

    ED101 - e-Discovery Fundamentals

    Webcast: Complex Litigation, Complex Data, Collaborative e-Discovery

    This webcast will focus on how applying collaborative e-discovery practices can help litigation teams meet discovery obligations in a defensible and cost-effective manner. Topics of discussion will revolve around: Early case assessment as a means for identifying organizational and case needs; Evidence collection options available for preserving potentially relevant ESI without losing key metadata or chain of custody; Processing and culling strategies for ensuring that the right ESI is loaded and

    Advanced Electronic Discovery

    Whitepaper: Voice Mail and Audio Recordings: Evolving E-Discovery Standards

    As the prevalence of sound recordings in today’s enterprises grows, new requirements for legal and regulatory compliance are accelerating the need to manage these recordings as business records. This paper outlines a new framework for managing the discovery process, specifically when audio recordings are requested.

    Whitepaper: A Framework for Evidence Collection Planning and Assessment

    Inexpensive storage technology, expanding networks, the explosion of data, new data formats, and stricter regulations and tighter timeframes are putting enterprises at risk when they are required to respond to electronic discovery requests. For the purpose of this paper, enterprises incorporate all large organizations, including corporations, governmental agencies, regulated utilities, etc. Networks and data storage have moved beyond corporate walls and desktops.

    Emerging Trends

    Whitepaper: The Emerging Role of the Office of Technology Counsel

    Corporations are facing considerable changes where law and technology are concerned. There have been hints to the changes emerging for years. However, the forces causing this transformation have converged within recently and are necessitating a new way of thinking. Four factors are influencing these changes: The Amendments to the FRCP; The rapid growth of corporate data and networks; Technological innovations; Expanding capabilities and services offered by outside electronic discovery experts.

    Article: Are You Ready for E-Discovery Resulting From Subprime Litigation?

    The subprime mortgage crisis has evolved into a global financial crisis. All those affected — homeowners, regulators, politicians and investors — are clamoring for someone to blame. Investigations have begun, and class-action lawsuits are being filed. When a lawsuit is filed and the call comes for e-discovery, those who have not proactively mapped, organized and studied their electronic content universe may be caught by surprise. In the current environment surrounding e-discovery, a lack of read

    Webcast: Are You Ready for e-Discovery Resulting From Subprime Litigation?

    This webcast addresses the e-discovery risks faced by the financial industry as litigation and investigation around subprime transactions unfold, particularly around the smoking guns and large volumes of electronically stored information (ESI) that may exist somewhere in the e-universe. Those impacted will need to be prepared to answer questions around who knew what about the risk profile of the transactions, when did they know it, how were they represented, what were the expectations and what d

    e-Discovery Readiness & Planning

    Whitepaper: A Comprehensive Approach to Discovery Response Planning

    This paper outlines how taking a proactive, organized approach to discovery response planning can help enterprises predictably reduce the cost, time and risk inherent in the electronic discovery process; apply proven methodologies for developing and implementing comprehensive response plans; and leverage the planning process as a way to improve the interdependencies between the people, processes and technology required for defensible discovery response.

    Case Law / Rules

    Article: Managing e-Discovery And Avoiding Sanctions Under The FRCP Amendments

    The Editor of Metropolitan Corporate Counsel interviews Brad Harris, Director, Discovery Center of Excellence, Fios, Inc. about the impact of the amendment to the Federal Rules of Civil Procedure.

    e-Discovery Standards & Best Practices

    Webcast: Complex Litigation, Complex Data, Collaborative e-Discovery

    This webcast will focus on how applying collaborative e-discovery practices can help litigation teams meet discovery obligations in a defensible and cost-effective manner. Topics of discussion will revolve around: Early case assessment as a means for identifying organizational and case needs; Evidence collection options available for preserving potentially relevant ESI without losing key metadata or chain of custody; Processing and culling strategies for ensuring that the right ESI is loaded and

    Fios Service Delivery Model

    The Fios Service Delivery Model was developed to address the unique requirements of e-discovery projects. The model graphically displays a "best practices" service methodology for project execution.

    Fios service model >

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    Upcoming Webcasts

    12/2/2008 | register

    State vs. Federal e-Discovery Rules – Lessons Learned in 2008

    12/11/2008 | register

    e-Discovery Case Law Update - Winter 2008

    12/16/2008 | register

    The Sedona Update: Rule 502 and the New World of Privilege Waiver

    View all upcoming webcasts >

    View webcasts available on demand >

    Knowledge Center

    Sedona Update: White Collar Crimes & e-Discovery Implications

    View this webcast >

    A Comprehensive Approach to Discovery Response Planning

    Read the Whitepaper >



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