No other area of E-Discovery has been more affected by the revised Federal Rules than Production. Early coordination with opposing counsel regarding production issues such as form and content of production is mandatory. Production procedures, document formats, load file formats, numbering conventions, confidentiality branding, etc. all must be negotiated. Rule 34 has been amended to address the form in which electronic information must be produced. Specifically, it provides that:
- the requesting party may specify the form in which ESI is to be produced
- the producing party may object to the requested form and state the form it intends to use
- if a request does not specify the form, then a responding party must produce the information in a form(s) in which it is ordinarily maintained or that is reasonably usable
- a party need not produce the same electronically stored ESI in more than one form
- some reasonable amount of technical support, information on application software, or other reasonable assistance to enable the requesting party to use the information
ESI that was originally searchable should be produced in searchable format. Basic metadata should be produced in order to support claim that production was in the manner the ESI was maintained in the regular course of business.
Specifically, we offer the following Production-related E-Discovery services:
- Consulting Services on Production Strategies
- Duplicate Reintegration (Master Duplicate Regeneration)
- Native File Production (Reconstituted Email Formats; including PST/NSF/MSG)
- Native File Conversion to TIFF/PDF/Paper
- Miscellaneous Database Work & Auto Coding of E-Documents
- Notarizing Native Files, Source Code, PDF Files or Non-Standard ESI (e.g., voicemail)
We are very proud of our work in the Production area. Being based in New York, a large percentage of our work involves ESI productions to Regulators or Government Agencies, who frequently demand native file productions. In the case of email, this requires that the ESI Processing tool can create reconstituted email container files. We were the first vendor to offer reconstituted native productions directly from PSTs, NSFs and MSGs. Throughout the years, we have dialogued with various regulatory bodies and have unique and twice patented tools for the preservation and production of native files and non-standard data types such as voice mail, non-email databases and video.
Learn more about our production capabilities in this financial sector case study.
