The Need for Nuanced Analysis and Review – eDiscovery Investigations Series, Part 3
A multi-part series discussing the realities of eDiscovery in the context of investigations
by Matthew Verga, JD, Xact Data Discovery
“It’s like finding a needle in a stack of needles.”
– Robert Rodat, Saving Private Ryan
In the first Part of this series, we reviewed the categories of investigations in which companies are frequently involved and their general eDiscovery ramifications. In the second Part, we discussed the need for speed and secrecy in the conduct of an investigation and ways to achieve them. In this Part, we dive deeper into the need for nuanced analysis and review.
When Needles Are Deliberately Hidden in Your Haystack
Analysis and review is the process of figuring out what happened by investigating your collected evidence, and that process is made more challenging when relevant individuals have actively tried to conceal what’s happened – or at least tried to be subtle about it while it was happening. As we discussed in the first Part, investigations often concern misconduct of one kind or another, and most individuals instinctively try to render their own misconduct non-obvious.
It is not uncommon for individuals to communicate using euphemisms or coded language or to communicate using alternative channels. In some cases, individuals will attempt to obfuscate through the use of misleading file names or changes to file extensions. And, as we discussed in the second Part, some individuals will also attempt to destroy evidence if given the opportunity.
To overcome these challenges, the analysis and review process must be undertaken with these realities in mind, and it must be carried out in a way that will help you find these well-hidden needles.