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Meeting the Challenges of Electronic Discovery

New FRCP rules and evolving case precedents have placed ESI (Electronically Stored Information) in the spotlight. Not only has the definition of discoverable data been extended to unequivocally include any and all electronic forms, but, the need to address ESI has been moved to the forefront of the litigation calendar.

Mounting Risks
Old strategies of don’t ask and don’t tell are simply not available any more. The identification and preservation of all potentially relevant electronic data has become a core requirement of all litigation in Federal (and increasingly State) courts. Even “inaccessible” data streams that are not expected to be produced need to be clearly identified and preserved, allowing the other side to challenge and require production, at the court’s discretion.

Not only has electronic data taken center stage, the legal community has been issued a clear challenge to educate itself and actively take charge of the electronic discovery process. Clearer guidelines have been evolving, in case law as well as the new FRCP rules, that extend the responsibility of the legal community.

To compound the risks, the courts have become increasingly less tolerant of lapses. As a consequence penalties and sanctions have escalated dramatically.

Escalating Costs
Given the new focus in litigation on electronic data, as well as the general trend of escalating volumes of ESI produced in the normal course of business, it is expected that the volumes of discoverable electronic data involved in civil litigation will increase dramatically. As much as various technology solutions have been evolving to help lower associated costs via more powerful collection and processing tools, sophisticated intelligent review environments, etc., the first mile of the process, legacy data restoration and processing, from backup tapes, has received little attention.

Ironically, one of the greatest immediate opportunities for lowering electronic discovery costs lies in the effective processing of legacy data streams. Done intelligently and expediently the savings can cascade and multiply across the full subsequent downstream processing chain.

NDC Solutions
NDC applies 20 years of innovation and expertise to ensure timely, reliable and defensible backup tape restoration and email processing, Our capabilities and services are widely recognized as industry leading and unique in the electronic discovery market. We literally process any tape and any format.

With world class facilities in the heart of NYC, the greatest depth of resources dedicated to tape restoration and email processing, NDC provides unprecedented scalability and responsiveness. Whether the project involves a single tape or 50,000 you can count on NDC to deliver as promised.

NDC has pioneered the Smart Discovery approach to substantially reduce the amount of tape processing required and the associated costs. This approach relies on our accumulated experience in tape processing and our unique tools sets, such as our proprietary indexing technologies, to quickly and effectively weed out irrelevant content and focus on relevant data streams.

The NDC team consists of electronic engineers, software engineers, project managers, customer service specialists and skilled, highly trained operators that together deliver a peace of mind you can count on, time after time.

NDC has partnered with all levels of solution providers in the litigation support space, from the most sophisticated consulting organizations to forensic and litigation support specialists, review solutions providers and various other downstream value added players, as well as being engaged directly by law firms and litigants themselves.

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