E-Discovery & Document Review Fundamentals

With the rise of digital communication, the volume of electronic evidence in litigation and regulatory investigations has increased significantly. E-Discovery (Electronic Discovery) is the process of identifying, collecting, processing, reviewing, and producing electronic documents as part of legal proceedings. This course provides a comprehensive foundation in E-Discovery workflows, best practices for document review, and compliance considerations. Participants will gain hands-on knowledge of document processing, search techniques, and data preservation to meet legal and regulatory obligations.

• To provide a structured approach to E-Discovery and document review in litigation, corporate investigations, and regulatory compliance.
• To teach participants how to manage electronically stored information (ESI) effectively and comply with legal requirements for data preservation and production.
• To explore best practices for document review strategies, privilege analysis, and relevance determination in legal matters.
• To equip participants with knowledge of legal technologies, including predictive coding, technology-assisted review (TAR), and AI-driven document analysis.

• Understand the E-Discovery process and the role of document review in legal proceedings.
• Learn how to manage electronically stored information (ESI), including emails, metadata, social media, and corporate records.
• Explore key E-Discovery rules and compliance obligations under legal frameworks such as FRCP (Federal Rules of Civil Procedure), GDPR, and HIPAA.
• Develop skills for document review, including relevance determination, privilege review, and redaction techniques.
• Gain practical knowledge of E-Discovery technology tools, including AI-assisted review, predictive coding, and document clustering.

Module 1: Introduction to E-Discovery

• What is E-Discovery, and why is it important in modern litigation?
• The E-Discovery Reference Model (EDRM): Stages of the E-Discovery process from identification to production.
• Types of electronically stored information (ESI):
  • Emails & Attachments
  • Chat Messages & Social Media Content
  • Corporate Records & Business Documents
  • Audio, Video, and Metadata
• The impact of legal holds and data preservation on organizations.
• The role of law firms, corporations, and legal technology providers in E-Discovery.

Module 2: E-Discovery Legal Frameworks & Compliance

• Key U.S. regulations governing E-Discovery:
  • Federal Rules of Civil Procedure (FRCP) Rule 26 & Rule 34
  • Electronic Communications Privacy Act (ECPA)
  • Health Insurance Portability and Accountability Act (HIPAA)
• GDPR & Cross-Border E-Discovery: Handling E-Discovery in cases involving international data privacy laws.
• California Consumer Privacy Act (CCPA) and its implications for data discovery.
• Best practices for preserving, collecting, and producing ESI in compliance with legal requirements.
• Managing data privacy, confidentiality, and attorney-client privilege in E-Discovery.

Module 3: Identification & Preservation of Electronically Stored Information (ESI)

• How to identify relevant data sources in an investigation or litigation.
• Conducting legal holds: Ensuring that relevant ESI is preserved and not deleted or modified.
• Managing custodian interviews and data mapping: Locating key information in an organization.
• Strategies for defensible data collection to avoid spoliation (data destruction).
• Understanding chain of custody and forensic best practices in handling ESI.

Module 4: Processing & Early Case Assessment (ECA)

• What is Early Case Assessment (ECA), and how does it help reduce costs and time?
• Processing large volumes of ESI:
  • Filtering out duplicate files (de-duplication)
  • Removing system files and spam
  • Extracting metadata for analysis
• Using keyword searches, Boolean queries, and metadata filters to refine document sets.
• How file formats impact document review and production (e.g., PDFs vs. native files).
• Best practices for securely handling sensitive data during E-Discovery.

Module 5: Document Review Fundamentals

• Overview of linear review, privilege review, and relevance assessment.
• Best practices for categorizing documents as relevant, privileged, or non-responsive.
• Conducting redactions: Removing sensitive or legally protected information before production.
• Understanding Bates numbering and indexing for document tracking.
• The role of Technology-Assisted Review (TAR) in improving efficiency.

Module 6: Leveraging AI & Technology-Assisted Review (TAR)

• What is Technology-Assisted Review (TAR), and how does it work?
• Predictive coding: Using AI to classify and prioritize documents for review.
• Clustering and near-duplicate detection: How AI can group similar documents for faster review.
• Using natural language processing (NLP) to analyze legal documents.
• Benefits & challenges of AI-driven document review.

Module 7: Document Production & Presentation

• Preparing documents for production: Formatting, exporting, and organizing reviewed documents.
• Ensuring compliance with court-mandated production formats (e.g., PDFs, TIFFs, Native Formats).
• Redaction best practices: How to ensure confidentiality when producing documents.
• Privilege logs: Documenting privileged content for legal defense.
• How to present E-Discovery findings in court hearings, depositions, and regulatory investigations.

Module 8: Case Studies & Real-World Applications

• Case Study 1: How predictive coding reduced E-Discovery costs in corporate litigation.
• Case Study 2: Lessons learned from a major data spoliation case and the importance of legal holds.
• Case Study 3: Best practices in cross-border E-Discovery and compliance with GDPR data transfer laws.
• Lessons learned from real-world E-Discovery failures and how to avoid common mistakes.

• Litigation Attorneys, In-House Counsel, and Legal Professionals handling E-Discovery.
• Compliance Officers and Risk Managers responsible for document retention policies.
• Paralegals and Legal Assistants involved in document review and legal research.
• IT Professionals, Digital Forensics Experts, and Legal Technology Consultants.
• Law students, academics, and professionals specializing in data privacy, E-Discovery, and litigation support.