TEMPE, Ariz. - William Hamilton, Dean and Chairman of the Department of E-Discovery at Bryan University, participated in a recent three-way discussion and webcast presentation that addressed the question, “Are You Over-Collecting (and Over-Spending) in E-Discovery?” The presentation, produced by Oregon-based legal-software developer Exterro Inc., had a two-fold mission: to uncover the myths and realities of forensic collections, and to discuss the best practices for reducing and targeting data collections.
When asked if full disk imaging is the only way to defensibly preserve ESI, Hamilton stated, “I think this myth derives from a fear of electronic-discovery—what has been referred to, and I like to call, ‘data-phobia.’ One of the issues is that attorneys and other practitioners have been concerned that they’re not capturing everything that’s there. But we don’t have to copy everything and preserve it.”
According to Hamilton, “There’s been an attempt to blend preservation into collection when really they’re too different phases. There’s no reason to collect everything that you’ve preserved. We can have excellent preservation practices that are distinct from collection practices; the two don’t blend together. There may be an intersection at times, but I think it’s best to think of them as two concentric circles that have minimal overlapping.
“We all know that the big thrust in e-Discovery now is proportionality,” he added, “so we’ve got to shake these myths … and move on with defensible practices that are cost-effective and cost-efficient.”
The webcast is one of a series of e-Discovery presentations produced by Exterro and designed to give insight to legal professionals into e-Discovery methodologies, technology advancements and industry trends. Registration for the live-streaming video is free, and previously streamed webcasts may be viewed by visiting Exterro’s website at www.exterro.com.
Hamilton is board-certified in business litigation and intellectual property by the Florida Bar; is a partner with Quarles & Brady LLP; and is the Dean of Academic Affairs at Bryan University in addition to serving as the Dean and Chairman of the school’s Department of E-Discovery.
Joining Hamilton in discussions during the most recent webinar were Andrew Hinkes, an associate with Berger Singerman, and Scott Giordano, corporate technology counsel with Exterro.
Founded in 1940, Bryan University offers accredited degree programs in e-Discovery, court reporting, personal training and exercise science, and health informatics, with the mission of challenging the boundaries of traditional education and liberating the innate greatness in people. More information is available at www.BryanUniversity.edu or by calling 888.768.6861.