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Navigating the Tricky Terrain of Remote and Self-Collections

By Gavin W. Manes and Tom O'Connor

Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of Electronically Stored Information (ESI) remains a hot topic. Like self-collection of data, with which remote collection is often associated, remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical. Remote and/or self-collections can be dangerous to the integrity of the data and the case if not handled properly. e-Discovery experts are justifiably suspicious of their validity, especially if a lawyer has not been involved in overseeing the process. In many cases, remote collection is likely to be indefensible in court, unless certain guidelines are followed throughout the process.

What is Collection?

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