Ryan Murphy,Managing Director of Consulting Services
Nothing has done more to slow the evolution of Legal Discovery in the last decade than the four letter word “data”. A quick review of the two definitions that are used to define “data” provides some valuable insight into this paradigm. In the fist reference [1], data is defined as, “Factual information, especially information organized for analysis or used to reason or make decisions.” The second reference [2], the computer science derivative, is – “Numerical or other information represented in a form suitable for processing by computer.” The problem is that when most people think of computer files, they use “data” to describe those files which connote the computer science numeric processing root and instantly tune out any factually or decision making properties. This has huge liability implications when you consider the fact that “files” are created by people and that possession, alteration or knowledge of the existence of those files (when related to a law suit) exposes those people to the scrutiny of responsiveness.
The reality is that every “file” is a recorded thought. I am going to let you think about that for a second… Skeptical, ok – fair enough, lets look at that further. A contract (word processor file) outlines the terms and conditions one party would like to exchange (value) for goods and services from another party. Any communication or suggested alteration relating to the terms, conditions, transfer, cost or material understandings of the agreement concerning the goods or services are the thoughts of a party as to their interpretation of what the other party’s intentions are. Now consider the types of recorded thoughts that are in your client’s possession and in the possession of opposing counsel’s clients’ – email, voice mail, spreadsheets, drawings, schematics, calculations, pictures, contacts, calendar appointments, journals, reminders, meeting notes, personal notes, password protected files… Still think its data? Alright, what if I told you that by using the metadata that is present in every file you could not only recreate the genealogy (who and where did it come from) of that file but the evolution (who changed it, why and what were the intended changes expected to result in) of it as well. Oh, I almost forgot, and one last thing – all of the items above, who, where, when, what, where is it now, where has it been and what did we do with it, etc – all prima facie. Want to use this to your advantage? Contact us to see how our NeedleFinder® Evidence Assessment tool can weaponize your client’s electronic evidence and expose what opposing counsel MUST produce as responsive.
The reality is that every “file” is a recorded thought. I am going to let you think about that for a second… Skeptical, ok – fair enough, lets look at that further. A contract (word processor file) outlines the terms and conditions one party would like to exchange (value) for goods and services from another party. Any communication or suggested alteration relating to the terms, conditions, transfer, cost or material understandings of the agreement concerning the goods or services are the thoughts of a party as to their interpretation of what the other party’s intentions are. Now consider the types of recorded thoughts that are in your client’s possession and in the possession of opposing counsel’s clients’ – email, voice mail, spreadsheets, drawings, schematics, calculations, pictures, contacts, calendar appointments, journals, reminders, meeting notes, personal notes, password protected files… Still think its data? Alright, what if I told you that by using the metadata that is present in every file you could not only recreate the genealogy (who and where did it come from) of that file but the evolution (who changed it, why and what were the intended changes expected to result in) of it as well. Oh, I almost forgot, and one last thing – all of the items above, who, where, when, what, where is it now, where has it been and what did we do with it, etc – all prima facie. Want to use this to your advantage? Contact us to see how our NeedleFinder® Evidence Assessment tool can weaponize your client’s electronic evidence and expose what opposing counsel MUST produce as responsive.
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