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Cybersecurity Law & StrategyFeaturesCybersecurityE-Discovery

Blazing Saddles or Blazing Trails: e-Discovery vs. Forensic Data Collection — Unraveling the Critical Differences

By Ariyah Mandel
July 01, 2023

In the world of e-discovery, data collection from devices plays a pivotal role in legal matters. However, the technique used for data collection is influenced by numerous factors, including the type of case, the jurisdiction and the adversarial or collaborative nature of the parties involved. Attorneys interested in legal technology, data security and e-discovery must grasp the critical differences between two essential methodologies: e-discovery and digital forensics. This article delves into the contrasting features of these methodologies to help attorneys who engage with legal technology better understand the significance of these differences.

Understanding e-Discovery Data Collection

Electronic discovery refers to the process of identifying, preserving, collecting, reviewing and producing electronically stored information in legal proceedings. It plays a crucial role in legal matters like cybersecurity litigation and regulatory investigations. When collecting data for e-discovery, attorneys must consider several key factors. First, preserving the integrity of the data is vital to ensure its authenticity and admissibility as evidence. Additionally, data must be collected from various sources and formats, including emails, documents, databases and social media platforms. Metadata, which provides crucial information about the data's creation, modification and storage, and maintaining a proper chain of custody are also essential considerations. To achieve these goals, attorneys rely on techniques such as data sampling, keyword searching, remote collection and cloud-based solutions. Furthermore, data culling and filtering techniques help refine the collected data to focus on the most relevant information.

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