Document ... Any recorded form of communication, notes, databases, records for which production can be compelled in a legal or administrative proceeding.  We specifically mean to include newer communications formats such as Instant Messaging and Voice Mail.

 

 

First, we are referring to the "discovery and production" phase of a criminal matter, civil litigation, regulatory proceeding, or compliance and reporting exchange -- wherever the production of documents is legally obligated or can be legally compelled and a responsive document set must be identified, collected, reviewed and produced (or databases or other forms of communications -- see definition of "Document" above).  Importantly, we specifically mean to include discovery and production outside of civil litigation and criminal prosecution, examples of which might include FTC Second Requests, Sarbanes-Oxley compliance, bankruptcy proceedings, administrative actions, compliance with regulatory authorities (FCC, FDA, etc.) ... and, we mean to include all of the foregoing across federal, state and local jurisdictions.

Second, we mean to include any and all document sets which, regardless of origin (paper or electronic) and ultimate form of production (paper or electronic), are placed into any electronic application or platform "special handling" (see below).   We specifically mean to include not only documents which are "born electronic" but also documents which, though "born paper" are scanned and coded so they can be loaded onto some form of review platform for manipulation and disposition.  (Yes, we understand that our definition is materially broader than what many people mean when they refer to electronic discovery; however, from a business process viewpoint, the original format of a document is largely a distinction without a difference.)

Third, EDD involves one or more of the following special handling processes:  consulting; collection; forensic analysis; restoration; scanning; coding; extraction; conversion; culling (de-duplication, search and retrieval for responsive document set); review (including redaction, annotation, privilege and confidentiality exclusion); repository and data hosting services; pre-production and production.

Fourth, special handling procedures may be performed by the end-client, the law firm, one or more contracted parties (generally referred to as EDD services providers), generally in some combination.  However, we do not mean to include normal compliance and reporting processes that are wholly undertaken by the client -- the law firm must be materially involved.

 

 

EDD Matter ... any legal or regulatory proceeding where the production of documents is legally obligated or can be legally compelled and which involves EDD (as defined above).  For the purposes of this Interview, we are only interested in matters where the total market value of EDD services being applied (whether by the law firm or an EDD services provider) is greater than $25,000.

 

EDD Services ... any of the special handling processes listed in the definition of EDD (above) including:  consulting; collection; forensic analysis; restoration; scanning; coding; extraction; conversion; culling (de-duplication, search and retrieval for responsive document set); review (including redaction, annotation, privilege and confidentiality exclusion; repository and data hosting services; pre-production and production.

 

EDD Services Provider ... contracted, third-party organization that provides products and/or services covered under the definition of EDD Services, above.  we specifically mean to include software applications, hosting services, and professional services (e.g. consulting, project management) relating to the disposition of an EDD Matter.