E-discovery (electronic discovery)

E-discovery (electronic discovery) is the process of identifying, collecting, and reviewing electronically stored information — emails, documents, chat logs, databases — as evidence once litigation or a regulatory investigation is reasonably anticipated, then producing the relevant, non-privileged subset to the other side or a regulator.

It typically moves through identification, preservation (a "legal hold" preventing deletion), collection, processing, review, and production. Because the volume of electronic records is often far too large for full manual review, text analytics and data classification techniques, including predictive coding and other technology-assisted review methods, are used to prioritize and narrow which documents need human review.

E-discovery differs from litigation analytics, which analyzes case outcomes and trends rather than reviewing evidence within a case, and from contract analytics, which is used proactively rather than in response to a legal matter. A common pitfall is scope: casting too wide a net drives up review cost dramatically, while too narrow a scope risks missing responsive documents and can create legal exposure for an incomplete production — the appropriate scope and review methodology are typically negotiated or made defensible to opposing counsel or a court.