Ultimate eDiscovery Glossary: 200+ Terms You Need to Know

The world of eDiscovery is a critical component of modern legal practice, blending legal, technical, and procedural terms that can often seem daunting. Mastering these terms is vital for legal professionals working with electronically stored information (ESI) in litigation.

Whether you're new to eDiscovery or looking to deepen your understanding, this glossary covers over 200 terms—from A to Z. With straightforward definitions of basic and advanced concepts, this resource equips you with the knowledge to confidently navigate the complexities of eDiscovery.

Let’s begin!

A

Admissible

Information or evidence that is allowed to be presented in court. In eDiscovery, it refers to electronically stored information (ESI) that meets legal standards for use in a trial or legal proceeding.

Advanced Analytics

The use of complex algorithms and machine learning techniques to analyze large sets of data in eDiscovery, helping to identify patterns, trends, or relevant information more efficiently.

Adverse Inference

A legal concept where a court assumes that missing or destroyed evidence would have been unfavorable to the party responsible for its loss. This can occur in eDiscovery when relevant data is not preserved.

AI Model Library

A collection of pre-built artificial intelligence models that can be used or adapted in eDiscovery to classify, review, or analyze data sets based on specific needs or patterns.

Algorithm

A set of instructions or rules used by software to perform tasks like searching, sorting, or analyzing data in eDiscovery, often improving the efficiency of document review.

Alternative Format

A different file format in which electronically stored information (ESI) can be produced during eDiscovery, such as converting files from native formats (e.g., emails) to PDFs or TIFFs.

Archiving

The process of storing and preserving electronically stored information (ESI) for long-term retention and future reference, often used to ensure data is available for eDiscovery if needed.

Artificial Intelligence (AI)

The use of machines and algorithms to mimic human intelligence, such as sorting, analyzing, or predicting outcomes in eDiscovery to streamline the document review process.

Asynchronous Transfer Mode (ATM)

A high-speed networking technology used for data transfer, relevant to eDiscovery when managing large volumes of electronically stored information (ESI) over networks.

Attorney-Client Privilege

Legal protection prevents the disclosure of confidential communications between a lawyer and their client during e-discovery or legal proceedings.

Authentication

The process of verifying that electronically stored information (ESI) is genuine and has not been altered, ensuring its credibility and reliability for use in eDiscovery.

Auto-coding

The use of machine learning algorithms to automatically classify or tag documents in eDiscovery based on their content, relevance, or other criteria, speeding up the review process.

B

Backup Tape

A storage medium is used to archive electronic data for long-term retention, which may be subject to review during eDiscovery.

Batch Processing

The handling of large amounts of data in bulk is often used in eDiscovery to efficiently process multiple files at once.

Bates Stamp/Numbering

A system of sequentially numbering documents during eDiscovery to track and organize them for review and production.

Big Data

Extremely large data sets that require advanced tools and analytics to manage and analyze are often relevant in eDiscovery due to the volume of electronic information.

Binary Data

Data is stored in a computer-readable format of 0s and 1s, often requiring specialized tools to interpret during eDiscovery.

Boolean Search

A search method using operators like AND, OR, and NOT to refine and filter results, is commonly used in eDiscovery to find relevant data.

Bring Your Own Device (BYOD)

A policy allowing employees to use personal devices for work. In eDiscovery, this raises challenges in collecting and preserving data from non-company devices.

C

Case Law

Court decisions that establish legal precedents are often used in eDiscovery to guide how electronically stored information is handled.

Chain of custody

eDiscovery ensures evidence integrity by tracking its movement, handling, and storage. It involves detailed records, secure practices, and legal compliance to maintain authenticity and admissibility.

Chat Data

Electronic communications from platforms like instant messaging or team collaboration tools are often relevant in eDiscovery.

Child Document

A document associated with another document, such as an attachment to an email is treated as part of the parent document in eDiscovery.

Clawback Agreement

A legal agreement allowing parties to retrieve inadvertently disclosed privileged or confidential information during eDiscovery without waiving privilege.

Cloud Storage

Remote data storage services are used to store electronic information, which may be subject to eDiscovery if relevant data is stored in the cloud.

Cluster Wheel

A visual tool used in eDiscovery to display related documents grouped by topics or themes, helping to quickly identify relevant information.

Collaborative Software

Tools used for group communication and document sharing, such as Slack or Microsoft Teams, which may contain relevant data for eDiscovery.

Collection

The process of gathering electronically stored information from various sources, like computers or servers, for use in eDiscovery.

Compliance

Adhering to legal, regulatory, and organizational rules regarding data retention, privacy, and eDiscovery processes.

Concept Search

A search technique that looks for documents related to a central idea or concept, rather than relying on specific keywords.

Confidentiality Agreement

A legal document ensuring that sensitive information disclosed during eDiscovery is protected and not shared with unauthorized parties.

Container Files

Files that contain other files within them, like ZIP or PST files must be extracted during eDiscovery to review their contents.

Contextual Search

A search method that takes into account the meaning or context of words, used in eDiscovery to find relevant information beyond simple keyword matching.

Cross-Border eDiscovery

The collection and handling of ESI across different legal jurisdictions require careful consideration of international privacy and data protection laws.

Culling

The process of reducing the volume of data in eDiscovery by eliminating irrelevant or redundant information.

Custodian

An individual who manages or has control over data relevant to a legal case, whose records are often targeted for collection in eDiscovery.

D

Data Breach

An incident where sensitive or protected data is accessed or exposed without authorization.

Data Collection

The process of gathering electronically stored information from various systems and devices for use in eDiscovery.

Data Extraction

The retrieval of specific data from a larger data set or system for analysis in eDiscovery.

Data Filtering

The process of narrowing down large data sets by excluding irrelevant or redundant information during eDiscovery.

Data Governance

Policies and procedures that ensure data is managed securely and compliantly, including during the eDiscovery process.

Data Management

The organized control and handling of data throughout its lifecycle, including during eDiscovery to ensure efficient processing and review.

Data Mapping

Identifying and organizing the location, structure, and flow of data within an organization, is often a critical first step in eDiscovery.

Data Mining

The process of analyzing large sets of data to find patterns, trends, or relevant information, is often used in eDiscovery.

Data Preservation

The act of safeguarding electronically stored information from alteration or deletion, ensuring it remains intact for eDiscovery.

Data Privacy

Protecting personal or sensitive information from unauthorized access or use, is critical in eDiscovery to avoid legal violations.

Data Processing

The conversion of raw data into a manageable format for eDiscovery review, including the organization and tagging of documents.

Data Reduction

The process of eliminating unnecessary or irrelevant data during eDiscovery to focus on the most important information.

Data Retention

Policies dictating how long data must be stored and maintained can influence what is available for eDiscovery.

Data Security

Measures taken to protect data from unauthorized access or breaches— that’s crucial in eDiscovery to safeguard sensitive information.

Data Sources

The locations or systems where electronically stored information is found, such as emails, databases, or cloud storage, in eDiscovery.

Data Spoliation

The destruction or alteration of data that is relevant to litigation, can lead to sanctions in eDiscovery.

Data Subject Access Request (DSAR Request)

A request made by an individual to access personal data held by an organization is relevant in eDiscovery cases involving privacy rights.

Data Validation

The process of verifying the accuracy and integrity of data, ensuring that it is reliable for eDiscovery use.

Data Visualization

The use of graphical tools to represent data trends or patterns helps to analyze large data sets in eDiscovery.

De-duplication

The process of identifying and removing duplicate copies of data to streamline eDiscovery review and reduce data volume.

DeNisting

A process of filtering out known, irrelevant files (system, EXE, and font files) during eDiscovery to focus on relevant data.

Digital Evidence

Any information stored or transmitted in digital form that may be used in legal proceedings, including data collected during eDiscovery.

Disaster Recovery

Plans and processes for recovering data and systems after a major failure or breach, ensuring data remains accessible for eDiscovery.

Discovery Requests

Formal legal requests for the production of documents, data, or other evidence during litigation, including electronically stored information.

Document Hosting

Storing and managing electronic documents in an online system for easy access, review, and production during eDiscovery.

Document Review

The process of analyzing documents for relevance, privilege, or confidentiality in response to eDiscovery requests.

E

Early Case Assessment (ECA)

The initial review of data to evaluate the strengths, risks, and costs of a legal case helps guide eDiscovery efforts.

Early Data Assessment (EDA)

An early review of electronically stored information to quickly identify potentially relevant data and reduce unnecessary data before full eDiscovery.

eDiscovery

Electronic Discovery is a broader term that encompasses the entire process of managing electronic documents in response to a legal request. It includes tasks such as identification, preservation, collection, review, and production of electronic evidence.

• Check Perin Discovery's eDiscovery Services and schedule a call with us.

eDiscovery Software

Tools designed to automate and streamline the eDiscovery process, including data collection, processing, and review.

eDiscovery Workflow

A structured process that outlines the steps taken during eDiscovery, from data identification to production.

Electronic Data

Information is stored in digital formats, which may be subject to collection and review in eDiscovery.

Electronic Discovery Reference Model (EDRM)

A framework that outlines the stages of eDiscovery, from data identification to production, used to guide best practices.

Electronic Evidence Collection

A specific step within the eDiscovery process. It focuses solely on the identification, preservation, and collection of electronic data that may be relevant to a legal matter.

• Check Perin Discovery's Electronic Evidence Collection Service and schedule a call with us.

Electronically Stored Information

Any information stored electronically, such as emails, documents, and databases, that may be relevant in legal proceedings.

Email Threading

A technique used in eDiscovery to group related emails into conversations for more efficient review.

Encryption

The process of converting data into a secure format that requires a key to access, ensuring data privacy and security during eDiscovery.

Ephemeral Data

Temporary data, such as instant messages or cache files, that can be difficult to preserve but may be relevant in eDiscovery.

Escalation

The process of elevating an issue to a higher authority or management level is often used in eDiscovery when sensitive or critical issues arise.

Evidence

Any information or material that can be used to support or refute a claim in legal proceedings, including electronic evidence collected during eDiscovery.

Evidence Management

The practice of organizing, preserving, and tracking evidence, including electronically stored information, to ensure its integrity throughout a legal case.

Exception Handling

The process of managing data that cannot be processed or reviewed normally during eDiscovery due to errors or special circumstances.

Exclusionary Rule

A legal principle that prevents the use of improperly obtained evidence, including certain types of ESI, in court.

Exculpatory Evidence

Evidence that supports the innocence of a party in legal proceedings, which may be uncovered during eDiscovery.

Exhibit

A document or piece of evidence formally presented in court, often produced as part of the eDiscovery process.

Export

The process of transferring data from one system to another is often used in eDiscovery to prepare documents for review or production.

F

Federal Rules of Civil Procedure (FRCP)

U.S. rules guide how electronically stored information is handled in federal civil cases, covering preservation, production, and penalties.

File Properties

Metadata that describes a file's attributes, such as its name, size, creation date, last modified date, and author. These details help identify and manage files during eDiscovery.

File Sharing

The act of distributing or granting access to digital files over a network or the internet. This can be done through email, cloud services, or peer-to-peer networks.

File Sharing Platforms

Online services or tools that allow users to upload, store, and share files with others, often enabling collaboration. Examples include Google Drive, Dropbox, and Microsoft OneDrive.

File Type Filtering

The process of narrowing down search results by specifying certain file formats, such as PDFs, Word documents, or images, to focus on relevant information during data review.

Filter

A tool or method used to refine data sets by applying specific criteria, such as date range, keyword, or file type, to reduce the volume of data being analyzed in eDiscovery.

Forensic Analysis

The detailed examination of digital data, often involves the use of specialized tools, to uncover, recover, and analyze information that may not be immediately visible. This process is critical in eDiscovery for validating data authenticity.

Forensic Collection

The precise, legally defensible gathering of electronic data for use in litigation. This involves capturing data without altering it, ensuring it remains admissible in court.

Forensic Imaging

The creation of an exact, bit-by-bit copy of a digital storage device or system, preserving all data (including deleted files and metadata) for thorough analysis. This method is often used in eDiscovery to ensure data integrity.

Forensic Investigation

The process of examining digital evidence, including computer systems, files, and devices, to uncover facts relevant to legal cases. This can involve recovering deleted or hidden information.

Full-text Indexing

A method of organizing and indexing all words in a document or data set, allowing for more efficient searching and retrieval of specific terms or phrases within eDiscovery platforms.

Fuzzy Search

A search technique that finds results even when there are minor differences between the search terms and the data, such as spelling variations or typographical errors. It is useful for locating relevant information when exact matches are not available.

G

Geolocation Data

Information that shows the physical location of a device— often used in eDiscovery to track movements or verify the whereabouts of individuals.

Gigabyte (GB)

A unit of digital storage equal to 1,024 megabytes. In eDiscovery, it measures the size of data being collected, processed or reviewed.

Global De-Duplication

The process of removing duplicate files across an entire dataset, rather than just within individual batches, reduces the volume of data for review in eDiscovery.

H

Hash Value

A unique digital fingerprint or code is generated by an algorithm to identify a file. Hash values help verify the integrity of files, ensuring they haven’t been altered during the eDiscovery process.

Heatmap

A visual representation of data where values are depicted by color intensity. In eDiscovery, heatmaps are often used to highlight trends or patterns in data, such as the frequency of communication between individuals.

Hold Notice

A broader term that generally refers to a notification to preserve electronic evidence. It can be issued by a party to litigation or by a company's internal counsel. A hold notice typically outlines the scope of the preservation effort, the specific data to be preserved, and the reasons for the hold.

Hosted Review

A process where eDiscovery data is stored on an external platform or service, allowing legal teams to remotely access, search, and review the documents involved in a case.

Hosting Provider

A company that offers online storage and management services for eDiscovery data, enabling legal teams to securely review, organize, and analyze large volumes of information during litigation.

• Sign up to Perin Discovery's Free Data Hosting

Human Review

The manual examination of documents or data by individuals (usually attorneys or legal staff) to identify relevant or privileged information for a case. Human review is often used in combination with automated tools.

Hybrid Approach

A method that combines both human expertise and technology to review and manage eDiscovery data. This approach leverages the strengths of automated tools and human judgment to improve accuracy and efficiency.

Hybrid Review

A review process that integrates both technology-assisted review (TAR) and human review, where automated tools are used to narrow down the data set and humans review the most critical or complex documents.

I

Identification

The process of recognizing and locating potentially relevant information and data sources in preparation for eDiscovery. This step involves determining what data needs to be preserved and collected for legal purposes.

Image Files

Digital files that contain visual representations, such as photographs, diagrams, or graphics. In eDiscovery, image files may be relevant evidence that needs to be identified and reviewed.

In-House Counsel

Legal professionals are employed directly by a company or organization to provide legal advice and representation, as opposed to hiring external law firms. In-house counsel often oversees eDiscovery processes for their organization.

Inaccessible Data

Information that cannot be easily retrieved or accessed due to technical barriers, such as files stored on legacy systems, backups, or encrypted formats. Inaccessible data may pose challenges during eDiscovery.

Incident Response Plan

A structured approach detailing how an organization will respond to security breaches or data loss incidents. This plan typically outlines procedures for data preservation, investigation, and communication during a breach event.

• Check Perin Discovery's Incident Response Service and schedule a call with us.

Indexing

The process of organizing and categorizing data to facilitate quick retrieval and searching. In eDiscovery, indexing helps legal teams efficiently locate relevant documents within large volumes of data.

Information Governance

A framework for managing an organization’s information assets to ensure compliance, security, and efficiency. Effective information governance helps organizations prepare for eDiscovery by maintaining organized and accessible data.

Ingestion

The process of importing and processing data into an eDiscovery platform or system. Ingestion involves preparing data for review and analysis, ensuring it is organized and accessible.

Integration

The act of combining different systems, tools, or processes to work together seamlessly. In eDiscovery, integration can refer to connecting various software solutions to enhance data management and review efficiency.

Internet of Things (IoT)

A network of interconnected devices and objects that communicate and exchange data over the internet. In eDiscovery, IoT data (like smart devices or sensors) may be relevant evidence that needs to be identified and collected.

Interrogatories

A formal set of written questions sent by one party to another in a lawsuit, must be answered in writing and under oath. Interrogatories are used to gather information and clarify facts pertinent to the case during the discovery phase.

J

Joint Custody

A situation where multiple parties share control or access to electronically stored information. In eDiscovery, joint custody may require coordination between parties to preserve and produce relevant data.

Joint Defense Agreement

A legal agreement between parties with shared interests in a case, allowing them to collaborate on their defense and share eDiscovery materials without waiving confidentiality or privilege.

Judicial Notice

A legal doctrine where a court accepts certain facts as true without requiring evidence. In eDiscovery, this may apply to generally accepted technical facts or standards related to electronic data.

K

Key Custodian

An individual responsible for managing or having access to electronically stored information that may be relevant to a legal case. In eDiscovery, key custodians are critical in identifying and preserving data.

Keyword Search

A method used to locate relevant documents in eDiscovery by searching for specific words or phrases within a dataset.

Knowledge Management

The practice of organizing and storing an organization’s information, making it accessible and usable. In eDiscovery, effective knowledge management ensures that data can be quickly retrieved and analyzed.

L

Legacy Data

Old or outdated data that is stored on obsolete systems or formats. This data may be difficult to access or manage, making it a challenge during eDiscovery processes.

Legal Hold / Litigation Hold

A more specific term that refers to a legal obligation to preserve electronic evidence. It is often issued in response to a court order, subpoena, or other legal action. A legal hold typically includes more detailed instructions on how to preserve the data, such as suspending deletion policies or disabling auto-delete functions.

Legal Review

The process of examining documents and data to identify relevant information for a legal case. This review often involves assessing documents for privilege, relevance, and confidentiality before they are produced in discovery.

Linear Review

A straightforward, document-by-document examination process where reviewers assess each piece of evidence sequentially. This method is often time-consuming and less efficient compared to more advanced review techniques.

Litigation Support

Services and tools provided to assist legal teams in managing and preparing for litigation. This can include eDiscovery software, document management, and data analysis to facilitate the legal process.

Load File

A structured data file that contains information about documents to be imported into an eDiscovery platform. Load files typically include metadata and file paths that help organize and identify documents during review.

Logical Custodian

M

Machine Learning

A branch of artificial intelligence that enables systems to learn from data and improve their performance over time without being explicitly programmed. In eDiscovery, machine learning can help automate document review and identify patterns in large data sets.

Metadata

Data that provides information about other data. In eDiscovery, metadata includes details like file creation date, modification date, author, and file type, which help in organizing and identifying relevant documents.

Mobile Device Forensics

The practice of recovering and analyzing data from mobile devices, such as smartphones and tablets, for legal investigations. This can include text messages, call logs, emails, and app data.

Motion to Compelis

A formal request filed with a court asking for an order to require a party to comply with discovery obligations, such as producing documents or responding to interrogatories. This motion is used when one party believes the other is withholding information.

Machine Learning

A technology that uses algorithms to analyze data and identify patterns. In eDiscovery, it helps automate document review and categorize relevant information.

N

Native File

A file in its original format, as created by the software application that produced it. For example, a Microsoft Word document, a PDF, or a JPEG image.

Native Production

The production of documents in their original, native format. This is often preferred by recipients, as it allows them to view and edit the documents without any conversion.

Native Redaction

The process of redacting information from a document in its native format. This can be done using specialized software or by manually editing the document.

Natural Language Processing (NLP)

A field of computer science that deals with the interaction between computers and human (natural) languages. In the context of eDiscovery, NLP is used to analyze and understand text data, such as emails, documents, and chat logs.

Non-Relevant Documents

These are documents that are not related to the specific legal matter at hand. They may be irrelevant because they do not pertain to the subject matter of the case, or because they do not provide any probative value.

Non-Responsive Documents

These are documents that do not directly answer a specific request for production. They may be potentially relevant documents to the case but do not directly address the particular question or issue being asked.

O

Objection Overruled

A ruling by a judge that a legal objection is not valid and will not be sustained.

OCR (Optical Character Recognition)

A technology that converts scanned images of text into editable text. This is often used to make documents searchable and to extract metadata.

Outsourcing

The practice of contracting out a business process to an external supplier. In the context of eDiscovery, outsourcing can involve tasks such as data collection, processing, and review.

Over-Preservation

The excessive or unnecessary preservation of data. This can be costly and time-consuming, and it can also create challenges for search and review.

Overbroad Search

A search that is too broad, results in the retrieval of irrelevant or non-responsive documents. This can be inefficient and can increase the cost of discovery.

P

Parent Document

The original file or document from which other related documents are derived or created. For example, an email may be a parent document to its attachments.

Password Cracking

The process of attempting to gain unauthorized access to a password-protected file or system. This may involve using software tools to guess or recover the password for access during eDiscovery.

Pleadings

Formal written documents submitted to a court in a legal case, outlining the parties' claims, defenses, and legal arguments. Pleadings include complaints, answers, and motions.

Portable AI Model

A type of artificial intelligence model designed to be easily transferred and implemented across different platforms or environments. In eDiscovery, a portable AI model can assist in analyzing data or automating review processes without significant infrastructure changes.

Predictive Coding

An advanced technology-assisted review (TAR) method that uses machine learning algorithms to identify relevant documents based on previously reviewed data. It helps streamline the document review process by predicting which documents are likely to be relevant.

Preservation

The act of safeguarding and maintaining relevant data and documents to prevent alteration or destruction during litigation or investigations. Preservation ensures that evidence remains intact for eDiscovery.

Preservation Letter

A formal communication sent to parties or individuals instructing them to retain all relevant documents and data related to a legal matter. This letter outlines the obligations to preserve information for potential discovery.

Privilege

A legal right that protects certain communications from being disclosed in legal proceedings. Privileged communications typically include those between attorneys and their clients, ensuring confidentiality.

Privilege Log

A document that lists and describes communications or documents that a party claims are privileged and thus exempt from disclosure during discovery. The log typically includes the date, author, recipient, and a brief description of each item.

Privilege Review

The process of assessing documents to determine whether they contain privileged information. During privilege review, legal teams identify and separate privileged communications from other relevant documents before production.

Production Format

The specific manner in which documents are prepared and delivered during the discovery phase. This can include formats such as PDF, TIFF, or native file formats, depending on the requirements of the receiving party.

Production Log

A record of documents produced during the discovery process, detailing what was provided, the format, and any relevant information about the content. This log helps maintain transparency and track the production of evidence.

Proportionality

A legal principle that requires the scope and extent of discovery to be reasonable and proportional to the needs of the case. It ensures that the costs and burden of discovery are balanced against the importance of the information sought.

Protected Health Information (PHI)

Any information related to an individual’s health status, provision of health care, or payment for health care can be used to identify that individual. PHI is protected under laws like HIPAA, and special care must be taken when handling it in eDiscovery.

PST File

A file format used by Microsoft Outlook to store copies of emails, calendar events, and other data. PST files are often relevant in eDiscovery as they can contain significant amounts of email communication and attachments.

Q

Quality Control

The process of reviewing and ensuring the accuracy, consistency, and completeness of data before production or submission in eDiscovery. It helps detect and correct errors in documents, metadata, or coding.

Quash

A legal action or motion filed to nullify or invalidate a subpoena, order, or request, preventing the disclosure of certain documents or information in eDiscovery.

Query

A search or request to retrieve specific data from a database or document set using particular keywords, phrases, or parameters in eDiscovery.

R

Redaction

The process of obscuring or removing sensitive or privileged information from documents before they are produced or shared during eDiscovery.

Relational Indexing

A method of organizing data in eDiscovery that links documents and information based on relationships such as communication threads, document versions, or metadata, making it easier to search and review.

Remote Collection

The process of gathering electronically stored information from a location away from the physical premises, using software tools to access and collect data from computers, servers, or cloud platforms remotely.

Repository

A centralized digital storage location where electronically stored information is housed for review, processing, and production in the eDiscovery process.

Request for Production (RFP)

A legal request is made during the discovery phase of litigation, asking the opposing party to provide specific documents, producing electronically stored information, or other materials relevant to the case.

Retention Policy

A formal policy is established by organizations dictating how long different types of data and documents should be stored and when they should be deleted or archived.

Retention Schedule

A detailed timeline or guideline specifies how long an organization should keep specific types of data or records before they can be discarded, under legal, regulatory, or business requirements.

Rule 26(f) Conference

A meeting between parties in a legal case, as required by the Federal Rules of Civil Procedure, where they discuss eDiscovery issues such as the scope of discovery, the preservation of evidence, and the format for producing electronically stored information.

S

Sampling

The process of reviewing a small, representative portion of a large set of data in eDiscovery to evaluate its relevance, accuracy, or compliance with legal requirements before reviewing the entire data set.

Sanctions

Penalties or consequences imposed by a court for non-compliance with eDiscovery rules or procedures, such as failure to preserve or produce relevant information.

Scope of Discovery

The boundaries or limits of what information can be requested, reviewed, and produced during the discovery phase of litigation, often determined by relevance, time frame, and subject matter.

Search Term Agreement

An agreement between opposing parties in eDiscovery to use specific keywords or phrases when searching for relevant documents or electronically stored information to ensure a more focused and efficient review process.

Searchable PDF

A PDF file that has been processed to include an underlying text layer, allowing the content to be searched by keywords or phrases, which is crucial for document review in eDiscovery.

Secure File Transfer Protocol (SFTP)

A secure method for transferring files over a network, ensuring that electronically stored information can be safely exchanged between parties in eDiscovery.

Self-Collection

The process by which individuals or organizations gather and preserve their own electronically stored information for eDiscovery without the involvement of a third-party service provider.

Sensitive Data

Information that requires protection due to its confidential or personal nature, such as financial details, health records, or trade secrets, which must be carefully handled during eDiscovery.

Sentiment Analysis

The use of technology to analyze text and determine the emotional tone or attitude expressed within documents, emails, or communications, potentially revealing relevant patterns in eDiscovery.

Service Level Agreement (SLA)

A formal agreement between a service provider and a client that defines the level of service, performance metrics, and responsibilities in delivering eDiscovery services.

Slack Space

The unused space on a computer’s hard drive where remnants of deleted files may remain. In eDiscovery, slack space can be analyzed to recover deleted or hidden information.

Social Network Analysis

A process of examining relationships, interactions, and communications between individuals or entities in a digital environment, often to identify key players or patterns in eDiscovery.

Spoliation

The destruction, alteration, or failure to preserve evidence that is relevant to a legal case, which can lead to sanctions or penalties in eDiscovery.

Structured Data

Information that is organized in a predefined format, such as databases or spreadsheets, making it easier to search, sort, and analyze in eDiscovery.

Subject Matter Expert (SME)

An individual with specialized knowledge or expertise in a specific area, often consulted during eDiscovery to provide insights or clarify complex topics related to the case.

Subpoena

A legal document that orders an individual or organization to provide documents, electronically stored information, or testimony as part of a legal case or investigation in eDiscovery.

T

Tagging

The process of labeling or categorizing documents or data in eDiscovery, typically to indicate relevance, privilege, or other key attributes that help organize the review process.

Tariff Analysis

The examination of tariffs or duties, usually in an international trade context, to determine compliance or to assess potential legal issues in eDiscovery involving cross-border transactions.

Technology Custodian

A person or department responsible for managing and safeguarding an organization's electronically stored information, ensuring its proper collection, storage, and security during eDiscovery.

Technology-Assisted Review (TAR)

Another term for Computer-Assisted Review (CAR). A process in which machine learning algorithms are used to assist with document review in eDiscovery. TAR helps prioritize and categorize large data sets based on human reviewers' input, improving efficiency and accuracy.

Text Analytics

The use of technology to analyze large volumes of text-based data in eDiscovery, identifying patterns, trends, or relevant information that might not be immediately obvious through manual review.

Text Extraction

The process of extracting readable text from documents, images, or files, allowing the content to be indexed, searched, and reviewed in eDiscovery.

Textual Near Duplicate

Documents that are almost identical but have minor differences in content, such as formatting changes or small edits. In eDiscovery, these are often grouped to facilitate the review process.

Third-Party Data

Information that is controlled or stored by an external party, not directly by the organizations involved in the litigation, may need to be requested or subpoenaed during eDiscovery.

TIFF (Tag Image File Format)

A widely used file format for storing images, often used in eDiscovery for creating images of documents that are converted into a standardized, non-editable format for review and production.

Trial Support

A specific step within litigation support. It focuses solely on the activities directly related to the trial itself, such as witness preparation, exhibit preparation, trial presentation tools, and real-time support.

• Check Perin Discovery's Trial Support Service and schedule a call with us.

U

Unallocated Space

Areas of a computer’s hard drive that are not currently assigned to any file or program but may still contain fragments of deleted files that can be recovered during eDiscovery.

Uniform Resource Locator (URL)

The web address of a specific resource or page on the internet, which can be important in eDiscovery to locate relevant online content or evidence.

Unstructured Data

Information that is not organized in a predefined manner, such as emails, social media posts, or free-form documents, makes it more challenging to search and analyze during eDiscovery.

V

Vendor Management

The process of overseeing and coordinating with third-party vendors who provide eDiscovery services, ensuring they meet performance expectations, cost requirements, and deadlines.

Visual Analytics

The use of data visualization tools to present complex information or trends in a graphical format, helping reviewers in eDiscovery quickly understand relationships, patterns, or anomalies in large data sets.

W

Web Sites

Websites are online locations where information is published and accessed. In the context of eDiscovery, websites can be a significant source of relevant data, including emails, documents, and social media posts.

Work Product Doctrine

The work product doctrine is a legal doctrine that protects materials prepared by a party or their attorney in anticipation of litigation. These materials are generally not discoverable by the opposing party.

Workflow Automation

Workflow automation is the use of technology to simplify and automate tasks related to eDiscovery. This can include tasks such as data collection, processing, review, and production.

X

XML (Extensible Markup Language)

XML is a markup language that defines a standard for representing structured data. It is often used to store and exchange data between different applications. In the context of eDiscovery, XML can be used to structure and organize data, making it easier to search, review, and analyze.

Y

Yottabyte (YB)

A yottabyte is a unit of digital information equal to one septillion bytes. It is a massive amount of data, and the ability to manage and process yottabytes of data is becoming increasingly important in the era of big data and eDiscovery.

Z

Zip File

A zip file is a compressed archive file that contains one or more files or directories. It is often used to reduce the size of files for storage or transmission. In the context of eDiscovery, zip files can be used to organize and compress large datasets.

Zone of Privacy

A zone of privacy is a legal concept that protects individuals from unreasonable invasions of privacy. In the context of eDiscovery, the zone of privacy can be relevant to issues such as the collection and use of personal data.

Zubulake Standard

A legal standard that requires parties in litigation to reasonably preserve and produce electronically stored information in a reasonably accessible format.

Final Thoughts

Perin Discovery: Go-To eDiscovery Resource

This eDiscovery glossary has been created to give legal professionals a clear and accessible understanding of essential electronic discovery terms. This guide is designed to simplify complex terminology, making it easier for you to build your expertise and approach your work with greater confidence.

Building Knowledge, One Term at a Time

Each term you learn builds your capacity to handle the demands of modern litigation. Whether you're refining your skills or exploring new concepts, this glossary will be your reliable companion in navigating the evolving field of eDiscovery.

Together, we can advance the future of legal discovery with greater effectiveness and insight.

Need Further Assistance?

We are here to help—schedule a call with Perin Discovery.