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Make the most of e-data experts: getting the defendant's electronic data is key to your case - but it's useless if you don't understand it. Use subject-matter and computer experts to help you analyze and interpret data.

Article Excerpt
In discovery, one of the key evidence sources you can tap is the opponent's valuable databases. The information in the databases underlies the company's business decisions, and it can be critical to proving your case.

There is no question that computers are an integral part of the business world and people's personal lives. For years their prices have been dropping while their capabilities have multiplied. Computer storage space is so inexpensive these days that most users rarely think about how efficiently they use that space.

Not long ago, people were careful about how many paper copies of a document they sent to others, since sending even a few copies was difficult. Today, it takes little effort to send electronic copies to hundreds of recipients. This combination of inexpensive storage and easy transmittal has led to incredible duplication of materials, so you must use care when seeking information. Not doing so can lead to dramatically increased costs of production and time spent on document review.

One of the major problems with electronic data is that it is often produced in a different and less accessible format from the original format it had in the routine course of business. This is most common with databases. Typically, you do not have access to the same environment in which the producing party has maintained the data because it is unlikely that you will be granted unlimited access to the opposing party's systems. Both sides must agree on how the data will be produced.

This is when you should confer with your experts. The data is worthless if your expert cannot use it. Understanding what he or she needs to know will determine what format you need the data in.

For example, if the expert needs to perform aggregate calculations of financial data from a spreadsheet, you will need it produced as a spreadsheet, not as computer images. A process known as "print to .tiff" is often used when producing electronic documents. In this process, a computer program will convert electronic files to .tiff (Tagged Image File Format) images automatically, without the need to print and scan. While this is efficient, if the information is not also produced as searchable text, the information's usefulness is severely compromised for the receiving party. On the other hand, the producing party has the complete ability to search its own files.

Often, little if any documentation accompanies the data, and this can make interpretation difficult. It is not uncommon for forensic data techniques to be used. This means using information about the environment in which the data was used to help determine its meaning. This can be as simple as looking at a paper form known to be generated from the data and finding each of the elements in the database. Sometimes it can be more complicated, involving depositions or conducting meetings. Because this forensic analysis can...

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