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Increasingly, non-email communications make up critical evidence in modern litigation. Text messaging and social media are used regularly by case participants and witnesses in addition to traditional email. Companies are supporting instant messaging and other collaborative applications in addition to email for internal communications.

With hundreds of billions of emails exchanging hands daily, each with its own unique metadata, container folder and possible attachments to examine, special consideration must be given to email at every stage of eDiscovery. Litigators and paralegals must effectively review ESI (Electronically Stored Information) during production, and great care must be taken to avoid producing confidential information.

Approaching mobile collection with conventional methods can result in run-away eDiscovery costs, lost data and the careless oversight of evidence. Traditional collection methods, including discovery orders, have not evolved to include the unique file structure and ESI channels that exist in mobile devices.

Preventing the inadvertent disclosure of privileged information in litigation is increasingly challenging. Technological advancements have ushered in varying mediums of information storage and exchange, that thoroughly document privileged communications. This requires additional review resources to protect confidentiality and privilege.

With multiple terabytes of ESI, numerous data custodians and technical expertise required, attorneys litigating a patent or trade secret claim face unique eDiscovery challenges.