Plaintiff Counsel Services

Is inaccessible data really inaccessible?

The new Federal Rules of Civil Procedure seemingly give defense counsel an excuse to NOT produce electronically stored information they deem as “inaccessible.”  Actually, Rule 26 indicates that a claim of “inaccessibility” can be challenged by the requesting party based upon the relative cost and potential benefit to the litigation. 

Our services utilize data sampling techniques to provide expert insight as to the claim of inaccessible data.

   

 Overcome Inaccessability Claims

To overcome the claim of “inaccessible data” the requesting party must show the data in question is: 1) not duplicative; 2) has potential evidentiary value; 3) and is not cost prohibitive relative to the value of the dispute.

   

 

Hire An Expert

ESI OnDemand experts can assist plaintiff counsel in evaluating the potential cost and benefit of “inaccessible data.”  Whether the data in question is stored on backup tapes, a decommissioned computer system, or resident but deleted files on the computer of a key employee, we can search and sample the data to determine its potential value.

   

 

Insightful

Data sampling of “inaccessible data” will reveal file names, file types, and date ranges. Sample data files can also be “hashed” (digitally ID’ed) and compared against accessible data previously produced by the opposing counsel to identify the percentage of unique files stored on the inaccessible media.

Data sampling of “inaccessible data” can also involve key word searching to prove potential relevance to the dispute.

   

 

Cost Effective

According to expert statisticians, only a small data sample needs to be processed and evaluated to render a conclusion with a high degree of confidence. ESI OnDemand would typically only sample and process a very small subset of the “inaccessible data” to reach a defensible conclusion about redundancy, evidentiary value, and cost to process the entire population.

   

Contact our experts to assess your next project.  Click here to engage.
 

 

 

News And Events

12.13.2007

Kirke Snyder, industry expert and founder of ESI OnDemand, published new white paper "Should You Sue or Settle?".  To download a copy of this new white paper, click here.

10.26.2007

Kirke Snyder, industry expert and founder of ESI OnDemand will speak at the 2007 Master's Conference For Legal Professionals on October 26th in Washington, D.C. on the topic of "Changing the Face of Forensics - Live Data Collections".

06.15.2007

Industry Veteran Kirke Snyder will speak at the June 15th session of the Corporate E-Discovery Forum in Washington, D.C, on the topic of "E-Dialogue with Law Firms & E-Discovery Consultants"..
 

 
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