E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue given the lengthy statutes of limitations and the relevance of the information that the records contain.
I often hear litigators claim that e-discovery is killing litigation: "This stuff is too expensive. Who needs a database? Just give me a banker's box full of emails, a highlighter and some sticky notes!"
Native application review brings with it risks of spoliation and malware infection, but EDD review tools offer substantial advantages in review efficiency, searching, privilege review and e-discovery process documentation.