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Less Is More in Database Discovery
In legal discovery, it is not uncommon to see production requests for a copy of an entire database instead of requests for targeted, relevant information. For example, in the investigation of an age discrimination claim, a party may request a copy of an entire human resources database, instead of asking for specific data relevant to the claim. Many parties incorrectly assume that such broad requests facilitate more complete production and eliminate the risk of inadvertently failing to request a key piece of data. On the contrary, a full database production may actually omit important data because the database (which stores the data) works in concert with the application (which presents the data to users). In doing so, the application may derive and present data that the database does not need to bother storing. For example, employee age is a constantly changing target because age is determined, in part, by the current date. Therefore, the application handles calculating and displaying employee age derived from the date of birth (stored in the database) and the current date.
Key Principles
If corporate counsel has good lines of communication and support from internal information technology and/or eDiscovery personnel, they likely will not need to maintain an in-depth understanding of specific databases and applications. Counsel should, however, understand several key database principles that can affect the discovery process. The following eight principles will help counsel better understand why “less” (i.e., targeted requests or productions) can be “more” (i.e., readily giving counsel all of the relevant information) in database discovery. (Also see The Sedona Conference Database Principles Addressing the Preservation & Production of Databases & Database Information in Civil Litigation (Conrad J. Jacoby et al. eds., Public Comment Version 2011), hereinafter Sedona Database Principles.)
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