Whether you’re in the US and refer to this as eDiscovery (E-Discovery) or in Europe where it is called eDisclosure (E-Disclosure), the process amounts to the same thing.
What is eDiscovery or eDisclosure?
The term ‘Discovery’ or ‘Disclosure’ refers to the process taken place at the initial phase of litigation when parties in dispute are required to provide each other with relevant information and evidence pertaining to the case. The prefix ‘e’ in eDiscovery or eDisclosure stands for electronic, referring to the discovery of electronically stored information (ESI) during a legal proceeding, such as civil litigation or investigations.
Examples of ESI include website content, emails, instant messages from peer-to-peer apps, electronic documents and accounting databases, to name but a few. ESI can also encompass raw data or metadata, which our expert investigators can analyse for hidden evidence.
ESI is critical to successfully resolving a dispute or bringing the perpetrator of a criminal act to justice. Ensuring the integrity of the information is just as vital so that it can be used in court. Our dedicated experts specialise in understanding exactly where the information is located, as well as how it can be preserved.
Once litigation is foreseen, it is the legal duty of the company to lock down and preserve the relevant electronically stored information (ESI) and begin the process of making eDiscovery enquiries. Given the complications of the eDiscovery process, a specialised blend of exceptional legal minds, as well as experienced technical practitioners, is required.
While eDiscovery or eDisclosure is often considered a litigation support service, it is also closely associated with financial fraud investigations and digital forensics. You can follow the links to learn more about our expertise in these areas.
Blackhawk Intelligence’s eDiscovery/ eDisclosure Service
For a busy legal team, the process of identifying and collecting the relevant ESI can be a time-consuming and expensive task, unless you have in-house expertise. Most information critical to a case can be stored in a multitude of formats and on a range of devices. Our extensive experience in digital forensics underpins our eDiscovery services. Identifying and accessing this information with forensic level integrity is a specialist task, one driven carefully by a detailed, multi-step process: Identification, Preservation, Collection, Processing, Analysis, Review, Production and Presentation.
At Blackhawk Intelligence, our team diligently follows a set of recognised procedures laid out in the Electronic Discovery Reference Model (EDRM) – a framework that outlines the standards for the recovery and discovery of digital data. This ensures that we identify the electronic information essential to a successful dispute resolution. In addition, we also strive to preserve the integrity of the information and present it in a format which is acceptable to all the parties involved.
Fast, accurate and efficient
By employing the latest tools and skills, we act quickly in working with the people and systems that are essential to the recovery of crucial electronic information. Throughout the process, we ensure that our costs are both predictable and transparent.
It is important to understand that eDisovery or eDisclosue is an entire process, not a single activity, and it begins as soon as the problem has been brought to our attention. The process runs from the time a lawsuit is foreseeable up until the point that the information is presented in court.
In summary, the eDiscovery legal procedure includes three main phases:
- The ESI is identified as relevant by attorneys and is placed on legal hold.
- Attorneys representing both sides establish the extent of the discovery, identify the relevant ESI, and request that the process of eDiscovery or eDisclosure is carried out. An opposing counsel or auditor can identify exactly what information is being examined and what evidence is required.
- Our team of forensic investigators extract and analyse the evidence using our specialised digital forensic procedure to convert the evidence into PDF or TIFF form so that it can be used in court.
International eDiscovery or eDisclosure capabilities
With offices in the United Kingdom and Israel, as well as and partners at strategic points around the globe, our eDiscovery/ eDisclosure capabilities extend internationally, allowing us to pursue multi-jurisdictional cases.
eDisovery – A key component in litigation support and risk management
While the nature of eDiscovery or eDisclosure service requires forensic experts to comb through large amounts of electronic data, it is essentially a litigation support service – when parties in dispute are required to provide each other with information and evidence pertaining to the case. Relying on experts to retrieve, preserve and present the information, particularly in electronic format as the process of eDiscovery indicates, can often make or break your legal case.
Furthermore, our eDiscovery or eDisclosure service is also a key part of our risk management solution, which is mandatory in today’s complex global business environment.
If you have a litigation, either locally or internationally, and need to uncover essential data evidence from a massive volume of data, call Blackhawk’s eDiscovery or eDisclosure Services team today on +44 (0)20 8108 9317 or drop us a line firstname.lastname@example.org.