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E-Discovery Ensures Evidence Can't Hide

February 20, 2008

Matt Kesner, CTO of Fenwick & West, was recently quoted in an Investor's Business Daily article titled "E-Discovery Ensures Evidence Can't Hide." e-discovery speeds up the slow-moving legal process and saves clients money, says Kesner.

Kesner practiced law before switching his focus to IT. He helped develop Fenwick's proprietary e-discovery process, a combination of in-house and off-the-shelf software. The firm's technology helps gather the right information—but not too much of it, Kesner says. By providing a statistical sampling of data, it reduces the time lawyers would spend poring over the opposing side's files.

In addition to the data itself, e-discovery can help find metadata—the context of the data, including changes or deletions in a document and who received a copy.

"It used to be that discovery would take three to six years for most business litigation, and today it's down to months," Kesner said. That means client bills aren't as sky-high as they could be.

But, while the technology's advantages are obvious, it's not foolproof.