Modern day litigation involves an ever-increasing volume of data. In turn, the ubiquitous nature of data has caused significant financial strains on legal teams. Because of the financial concerns attendant to eDiscovery, it is imperative that today’s legal teams are conversant in defensible strategies to control legal costs without compromising the ability to understand their case and identify quickly critical documents.

Below are a few strategies that may help control eDiscovery review costs. These strategies are not exhaustive but worth including in your next ESI workflow.

  1. Use Early Case Assessment

Early case assessment (ECA) can play a critical role in decreasing data volume, which in turn will help control costs and budget spend. ECA is a process used to investigate ESI and reduce data volume in the early stages of a potential legal matter before review begins. Its purpose is to allow the legal team to gain critical insights into the nature and sources of relevant data; to identify and eliminate duplicate documents; to eliminate data based upon file type; and to make the review process more efficient.

  1. Embrace Concept /Topic Clustering

Document clustering, or “concept clustering,” helps legal teams identify, through the use of algorithms, patterns that will help one understand quickly their data. For example, without any human intervention, all documents relating to widely divergent concepts like “dinner parties,” “COVID-19,” and “home construction,” are grouped into separate clusters allowing legal teams to explore the contents and characteristics of topic clusters to inform a review strategy that prioritizes key clusters/themes.

  1. Allow Threading to be Part of the Process

Emails are a primary form of modern communication with people exchanging professional and personal emails daily. And so, emails often contain multiple, embedded communications. Because a single, complete email dialogue includes historical conversations contained within it, the individual messages contained in the thread are duplicative of the larger thread.

By activating threading to identify the “most inclusive” email within each chain, legal teams can eliminate the need to read each message more than once, reducing the volume of emails necessary to review.

In the face of increasing data volume, the above are offered as strategies that may help control legal costs without compromising one’s ability to comply with discovery obligations.

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Photo of Kathryn C. Cole Kathryn C. Cole

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation…

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation, consumer class actions, and securities class actions, serving clients ranging from major pharmaceutical companies to closely held businesses. Katy brings a combination of courtroom advocacy, appellate experience in the U.S. Court of Appeals for the Second Circuit, and deep knowledge of eDiscovery strategy that allows her to manage high-stakes litigation from preservation through trial and appeal.

Katy is a Certified E-Discovery Specialist (CEDS) and a recognized authority on electronic discovery and data retention. She guides clients through every phase of the eDiscovery process, including identification, preservation, collection, review, and production of electronically stored information. She works closely with clients to develop defensible discovery plans and retention policies, implement technology assisted review platforms, and leverage analytics to reduce costs and risk. She is a founding member of and prolific contributor to Greenberg Traurig’s eDiscovery Watch blog, where she regularly addresses emerging issues such as generative AI in litigation, text message preservation, and spoliation.

Before entering private practice, Katy clerked for the Hon. Richard C. Wesley at both the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit. She has argued multiple appeals in the Second Circuit and the Second Department Appellate Division, and she has in-house experience through a secondment with a major technology company. Her understanding of both the courtroom and the corporate legal department gives her a practical perspective that informs her litigation strategy and client counseling.

Katy is actively involved in shaping civil practice in New York. She serves on the Office of Court Administration’s CPLR Advisory Committee and the New York State Advisory Committee on Civil Practice. She is a past president of the Eastern District of New York Chapter of the Federal Bar Association and a Fellow of The New York Bar Foundation. She has been listed in The Best Lawyers in America for Commercial Litigation and she received the Long Island Business News “Top 50 Women in Business” award in 2024.