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A Litigator’s Guide to ‘Going Native’

Native files refer to electronically stored information (ESI) stored in the format originally used, without conversion to TIFF, PDF or other paginated formats for review. Examples are Word, Excel, and Powerpoint, or email. Whether ESI should be produced and reviewed in native format can be a controversial issue in the e-Discovery arena and opinions of its appropriateness vary among experts. When done it raises complications for both the producing and reviewing parties that should be identified and addressed.

Key Points

  • Statutory and Case Law around Native Productions
  • Pros and Cons of Producing and Reviewing in Native format
  • Metadata, Privilege Review and Redaction Issues
  • Production Format Options
  • Importance of Properly Drafted ESI Agreement and Orders
  • Practical Take-Aways and Practice Tips

About the Speaker

Gene Albert is the CEO of Lexbe, and a frequent speaker and writer on litigation technology and eDiscovery topics. He is on the Planning Committee of the Texas State Bar eDiscovery Program. Gene has his JD from Southern Methodist University and his MBA from the University of Texas at Austin.

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