Now You See It
Now You See It

Now You See It, Now You Don’t

As informed eDiscovery professionals, it is reasonable to assume that there may be eDiscovery vendors whose systems and/or processes do not recognize and index all available ESI.

Now You See It…Now You Don’t…Well, Maybe You Actually Never Saw All Of It

Now You See It

While basic in nature, when you are evaluating electronic discovery solutions do you ask your vendor/service provider the basic questions of:

1)  Does your system and/or process recognize and index all available ESI?

2)  Does your system and/or process identify and highlight ESI that is not recognized and indexed?

As informed eDiscovery professionals, it is reasonable to assume that there may be eDiscovery vendors whose systems do not recognize and index all available ESI.  Not recognizing and indexing every file type is understandable given the myriad of file types in today’s digital world.  However, it is also reasonable to expect vendors to highlight unrecognizable and non-indexed ESI in exception reports.   If a vendor “selectively neglects” to deal with unrecognizable and non-indexed ESI by knowingly not noting it in an exception report, then spoliation of ESI may be an issue.


Spoliation is the destruction of records which may be relevant to ongoing or anticipated litigation, government investigation or audit. Courts differ in their interpretation of the level of intent required before sanctions may be warranted.
Kroll Ontrack Glossary

Spoliation: The destruction or substantial alteration of evidence, or the failure to preserve evidence, for another’s use in pending or foreseeable litigation. Lexbe eDiscovery and Metadata Definitions.


Worthy questions. Worthy considerations. Worthy of answers (from your vendor/service provider).

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ComplexDiscovery is an online publication that highlights data and legal discovery insight and intelligence ranging from original research to aggregated news for use by business, information technology, and legal professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding data and legal discovery information and issues and to provide an objective resource for considering trends, technologies, and services related to electronically stored information.

ComplexDiscovery OÜ is a technology marketing firm providing strategic planning and tactical execution expertise in support of data and legal discovery organizations. Registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world, ComplexDiscovery OÜ operates virtually worldwide to deliver marketing consulting and services.

A (Brand) New Approach? Considering the Framework and Structure of eDiscovery Offerings

Today’s eDiscovery providers may benefit from the lessons learned in the creation of the Sgt. Pepper’s Lonely Hearts Club Band album by creating a concept for branding and packaging their offerings within that brand in a connected, theme-based way that represents the offerings’ promise and capability in a way that is easy to understand and remember.

This fictionalized branding approach was developed from the intellectual exercise of trying to figure out a reasonable and memorable way to descriptively highlight the promise and capabilities of offerings typically delivered by full-service eDiscovery providers. It may not be completely comprehensive or fully normalized. However, the hope of sharing this branding example is that it might help those involved in the branding and communication of eDiscovery provider services and solutions.

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