e-Disclosure

Electronic data in the evidence gathering process is becoming more and more common and in the Anglo-Saxon courts, parties to a dispute are legally obliged to retain and provide all relevant electronic information to their opponent.

We support clients in the following areas:

The process of eDisclosure works two ways, in terms of providing and receiving data.

A ) We offer the following support for Clients and counsel where electronic data is requested and must be provided to an opponent in a dispute:

  • Professional data capture for the purpose of potential future disclosure to a dispute opponent. (see also “”Electronic data capture””);
  • Negotiations with an opponent as to the details of the data that should be shared, in particular to determine the criteria for selecting the data and to agree technical issues (e.g. data export format etc.);
  • Initial data filtering in accordance with the criteria agreed with an opponent;
  • Providing access to a web-based eDiscovery platform for verification of pre-filtered data and its potential redaction before releasing to an opponent;
  • Export of electronic data in a format agreed with an opponent.

 

B) Our support for Clients and counsel receiving electronic data from a dispute opponent through the eDisclosure process is largely consistent with our support described for eDiscovery services.

Let’s talk!

If you need advice on whether this service will be suitable for your case, I will be happy to answer your questions.

e-Disclosure in Questa

Respective regulations have not yet appeared in many jurisdictions, but the mechanism of mandatory disclosure of electronic data has been in place for years in countries such as the United Kingdom and the United States. These regulations were the key drivers standing behind dynamic development of eDiscovery in the United States and the UK over the last 10-15 years.
Although many alternative dispute resolution organisations do not specifically address the matter of electronic evidence, it is now also becoming an important part of the arbitration process. The Committee of Ministers of the Council of Europe issued guidelines on electronic evidence in civil and administrative proceedings, stating “Electronic evidence should be evaluated in the same way as other types of evidence, in particular regarding its admissibility, authenticity, accuracy and integrity”.

Our many years of investigative experience and in-depth knowledge of computer forensics tools allow us to effectively and efficiently support clients and counsel in the field of obtaining, filtering and sharing electronic data.
We use specialized eDiscovery software from leading global producers (e.g. Relativity, Intella) which enables effective filtering of electronic data based on many criteria, editing it to the extent required and exporting data in a format compatible with popular eDiscovery platforms used by lawyers.
In 2023 we became the first Polish and Central European partner of Relativity.