December 2003

By Kristin M. Nimsger and Michele C.S. Lange

Today, at the blink of an eye, documents, images, and communication are transmitted across the country and across the globe via a web of networked computers. A recent study conducted by the University of California Berkley found that in 2002, people around the world created enough new information to fill 500,000 U.S. Libraries of Congress. Plus there was a 30% increase in stored information from 1999, the last time the same study was conducted. The increase of new data per person works out to be the equivalent of a stack of books 30 feet high. All of these electronic transactions are creating "footprints" on hard drives, backup tapes, and other media sources that courts have held are discoverable in civil litigation. The process of collecting, searching, and producing these e-data trails is called electronic discovery. One of the emerging debates in the legal community on the topic of e-discovery is whether electronic documents and e-mail should be converted to a "uniform" format (such as a .tiff) or whether they should be kept in their native format for document review and production. This decision, which often occurs at the beginning of an e-discovery project, can affect almost every aspect of the e-discovery process going forward - preservation, metadata, searchability and cost. For example, if electronic data is not captured and accessed properly, the content of the document or the valuable metadata, behind the scenes data about the data, can be altered or destroyed.

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