What you need to know about Electronically Stored Information (ESI)

1. What you need to know about Electronically Stored Information (ESI) Electronically Stored Information (ESI) means "any type of information created, used and stored in a digital format and accessible by digital means." This definition may seem concise and self-explanatory, but in today's rapidly increasing digital environment, the interpretation of ESI is becoming more ambiguous. ESI, which includes all data and digital documents, ESI can exist in any media format, such as flash drives, physical hard drives, on-premises servers, or cloud storage. ESI is a recognized and official legal term and is primarily linked to the eDiscovery process. In fact, from emails and websites to messaging and database records, ESI is the very target that eDiscovery wants to find. As the business world becomes more digitized, the amount and variety of ESI produced are rapidly increasing. Learn more about ESI in the context of your organization, the challenges you may face in the future, and some ways to make life easier about ESI responsibilities. What is the Importance of ESI? In 2006, with the revision of the Federal Rules of Civil Procedure (FRCP), ESI was adopted as a legally defined new term. This perception reflected what is becoming increasingly important in the legal environment. As a result of the huge number of ESI companies generate every day, eDiscovery forms an important (and increasingly central) component of modern legal cases. The amount of ESI that companies produce is expected to increase by 65% per organization in the future, and with litigation also increasing, it is not difficult to see why correct management of ESI is so imperative. The EDRM model provides a clear overview of the broadly adopted eDiscovery process. This model allows you to see how to find and search for ESI in relation to

2. the use of ESI within the legal process. A 9-step process is used to ensure that all collected ESI is comprehensive, reliable, and acceptable. If the lawsuit proceeds, the enterprise is obliged to provide documents and other ESI on request. Therefore, it is important to know exactly what and how to preserve it. As the number of legal proceedings that rely on evidence generated by eDiscovery continues to soar, it is important for companies to handle how well they capture and store the ESI they produce. What data is considered Electronically stored information ESI? As most of the companies become digitized, it's not just the amount of ESI that is increasing. The formats and sources of ESI that need to be registered are also becoming increasingly diverse. In modern times, ESI covers much more than corporate emails and PDF documents. Modern communication continues to grow. The way we collaborate and share information digitally spans a wide range of platforms and this ESI can be requested as part of the eDiscovery case. As a worldwide pandemic has forced a shift to remote work (and a surge in the use of digital collaboration tools), companies need to be more aware of the various ESI sources they are responsible for. A significant increase in the use of tools such as Slack, Zoom, and Microsoft Teams, has meant a steep increase in ESI that companies generally have increased dramatically. As remote work increases, there is a risk that the boundaries between work and privacy will become ambiguous. This means an increase in the number of professional interactions performed on unapproved platforms. Therefore, it is important for businesses to keep in mind their policies and obligations for ESI generated through text messages and tools such as WhatsApp. What are the sources of ESI? Any type of ESI may be requested as a result of an eDiscovery investigation, so it is important for companies to confidently control all sources for which they may be responsible. To help you get a better understanding, here is a list of some common sources provided by ESI. ▪ Email

3. Voice and meeting recording (Zoom, Google Meet, etc.)) ▪ Team collaboration tools such as Slack and Microsoft Teams ▪ Text Messages ▪ Social Media Accounts ▪ Documents (Word documents, Excel spreadsheets, etc.)) ▪ Computer Hard Drive ▪ Server Network ▪ Cloud-based Storage ▪ Having a clear overview of all ESI sources is necessary for the legal team of any organization. Whether it's structured or unstructured data, ESI needs to be well managed and easy to access, so that in the event of a dispute, the eDiscovery process runs smoothly and efficiently. Is your ESI litigation ready? With regard to ESI, it is wise to " hope for the best, but foresee the worst ". FRCP 34 requires that, if requested as a result of a dispute, the ESI must be filed within 30 days. By having a clear strategy for preserving and organizing your company's ESI, you may not have to scramble to locate data following a production request. Of course, when it comes to being ready for ligation, it is not just about being able to locate the requested ESI in a timely manner. You will also need to make sure that it has been stored, exported, and delivered in the right way. FRCP 34 states that the ESI must be produced in the "form (s) in which it is ordinarily maintained or in one or more reasonably usable forms". Essentially, shared data must be given in an easily readable and understandable format. Typically, TIFF or PDF formats are deployed, but for best results (fastest resolution), it is best to provide information in a native format along with relevant metadata. Here, an enterprise-class archiving solution like Pagefreezer is useful. It enables real-time collection and preservation of ESI, allowing all information to be placed in an easily understandable context.

4. How to verify that electronically stored information is ready Ensuring that employees are well trained in maintaining information is the first step to making sure that ESI is well prepared for eDiscovery. Educate your employees on how to store documents correctly, making them easy to track. It should also be recognized that all content created or communicated on the company's computer is subject to preservation and can be used as evidence in legal proceedings. ESI should also have a clear audit trail for litigation. That is, anyone who organizes information for litigation must find an obvious chain of creation and possession. This leaves no doubt about the validity of the presented data. If you need legal retention of ESI, make sure you have a plan in place. In such cases, the ESI should be completely ring-fenced so that it is not deleted as of a regular part of the retention schedule. In addition to keeping employees aware of ESI management, ESI obligations, legal teams must put plans in place to retain all digital information with legal retention. Legal teams need to have a clear understanding of the retention policies of the organization as a whole and also know how to access various data sources to preserve content in the event of litigation. Use Pagefreezer To Store and Manage ESI Pagefreezer supports automated real-time capture and storage of all ESI's. Once started and run, all data is captured and stored in the default format, providing an easily searchable and fully presented history. That is, if eDiscovery becomes necessary, finding the exact ESI you need will be a fast and stress-free process. You can save time and costly expert support and rest assured that you are fully prepared for legal issues. All ESI recorded by Pagefreezer is stored in a way that preserves the relevant metadata. That is, its validity as evidence will be perfect.

5. Want to know more? Call 131 7559 3577 and talk about ESI management and eDiscovery features. Source Url: https://sites.google.com/view/proteusdiscoverygroup/esi- electronically-stored-information