TheE-Discovery marketis expected to witness significant growth as it has seen wide adoption among government agencies. e-Discovery refers to the legal process in which electronic data is secured, sought, located, and searched; it is widely used in legal proceeding such as litigation government investigation. e-Discovery is the information in electronic format also known as electrically stored information (ESI). It is an electronic aspect of identifying, collecting and producing ESI for lawsuit or investigation. It includes all types of data evidence such as document, e-mail, database, presentation, voice mail, audio-video file, social media, web sites and many more.
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The e-Discovery process includes identifying scope and potential location of ESI, protecting any of that information from being immediately destroyed, collecting all the information, processing and converting ESI to an easily browsable format, Review, and Analysis, Delivering the ESI to the necessary recipients and in easily readable forms, Displaying ESI to others during various parts of the legal case. Factors such as growing demand from governments and private enterprises, increasing admissibility of digital data in investigational proceedings, and rise in criminal prosecution and civil litigations drive the global e-Discovery market.
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Evolving e-Discovery Case Law
The 2006 and 2015 sets of amendments to the Federal Rules of Civil Procedure (FRCP) stand as key markers that define the obligations of e-discovery professionals. New rulings are issued day-after-day, month-after-month, and year-after-year, that slowly refine organizational e-discovery requirements.
Recent case law has influenced e-discovery in 4 major areas:
- Proportionality: Courts are looking closely at proportionality factors for determining appropriate scope for cases as they move away from “discovery about discovery.”
- Preservation and spoliation: Courts are focusing on the spirit of FRCP 37(e) and looking for curative measures rather than punitive sanctions.
- Cooperation: Courts demand good faith negotiations between opposing parties for reaching agreements on the scope of the discovery process.
- Cross-border discovery: GDPR (General Data Protection Regulation), and other privacy regulations have big implications for discovery processes of the organizations, as they have to balance potential conflicts arising from how they can use data of any individuals.
Government branches across the globe have acknowledged the value of electronic records for various investigations. Various institutions, such as The Civil Division of the US Department of Justice, have been insisting on the impotence of such electronic records. The implementation of GDPR, as well as the passage of the California Consumer Protection Act (CCPA), are just the leading edge of a trend that will definitely have a major impact on the e-discovery industry in the future.
Global e-Discovery Market- Segmentation
By Component
- Software
- Services
By Deployment
- On-Premises
- Cloud
By Vertical
- Banking and Financial Services
- Healthcare and Life Sciences
- Government and Public Sector
- Retail and Manufacturing
- IT and Telecommunications
- Legal
- Others
Global e-Discovery Market– Segment by Region
North America
- US
- Canada
Europe
- Germany
- UK
- France
- Spain
- Italy
- Rest of Europe
Asia-Pacific
- China
- Japan
- India
- Rest of Asia-Pacific
Rest of the World
- Middle East & Africa
- Latin America
COMPANY PROFILES
- AccessData Group, Inc.
- CloudNine
- Commvault System, Inc.
- Conduent, Inc.
- Dell, Inc.
- Deloitte Touche Tohmatsu, Ltd.
- Driven, Inc.
- Epiq Systems, Inc.
- FTI Consulting, Inc.
- HP, Inc.
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