Why is eDiscovery so expensive in 2026?

Several cost drivers define eDiscovery in 2026: - Large data volumes (cloud storage, Slack, Teams, mobile data) - Attorney document review (the most expensive phase) - Forensic-grade collection requirements - Regulatory compliance (FRCP, GDPR, CCPA) - Data hosting and analytics platforms The cost of non-compliance, including sanctions, adverse inference rulings, and reputational damage, often exceeds the cost of defensible eDiscovery. Strategic data scoping and early case assessment are essential to controlling overall spend.

How does the eDiscovery process work?

The eDiscovery process follows a structured framework known as the Electronic Discovery Reference Model (EDRM). It ensures electronically stored information (ESI) is handled in a defensible manner. The core stages include: 1. Identification of relevant custodians and systems 2. Preservation through legal holds 3. Forensic collection of data 4. Processing and deduplication 5. Document review for relevance and privilege 6. Production in agreed legal formats 7. Presentation in court or proceedings Each stage must maintain chain of custody, metadata integrity, and audit trails to ensure admissibility.

What types of data are included in eDiscovery?

eDiscovery includes all electronically stored information (ESI) that may be relevant to a legal matter. Common data sources include: - Emails and attachments (Microsoft 365, Gmail) - Cloud storage (Google Drive, OneDrive, SharePoint, Box) - Collaboration platforms (Slack, Microsoft Teams, Zoom chat) - Text messages and mobile app data (SMS, WhatsApp, iMessage) - Databases and structured data systems (CRM, ERP) - Social media content - System logs and audit trails - Backup and archived data Modern litigation frequently involves cloud-native and collaborative data, which requires specialised forensic collection to preserve context and metadata.

How do you manage eDiscovery for cloud storage (Google Drive, OneDrive)?

Managing eDiscovery for cloud storage requires defensible, API-based collection methods. Best practice includes: - Identifying relevant custodians and shared drives - Implementing legal holds to prevent alteration or deletion - Collecting data via forensic tools that preserve metadata and version history - Capturing comments, sharing permissions, and revision logs - Processing and deduplicating shared files Cloud environments create duplication and version complexity. Proper handling ensures defensibility and reduces review costs.

What are eDiscovery best practices?

Effective eDiscovery is proactive and risk-focused. Key best practices include: - Establishing strong information governance policies - Implementing defensible legal hold procedures - Using forensically sound collection methods - Conducting Early Case Assessment (ECA) - Leveraging AI and Technology-Assisted Review responsibly - Maintaining full documentation and audit trails - Applying proportionality under FRCP Rule 26 - Reducing risk before reducing cost is the foundation of defensible eDiscovery.

When is a legal hold required?

A legal hold is required when litigation is reasonably anticipated, not only after a claim has been issued. Triggers may include: - Letters before action - Regulatory enquiries - Internal complaints indicating potential litigation risk - Government or regulatory investigations - Explicit threats of legal proceedings Once litigation is foreseeable, organisations must preserve relevant electronically stored information (ESI). Failure to do so may result in sanctions, fines or adverse inference rulings. A defensible legal hold process includes issuing written notices, tracking custodian acknowledgements, suspending automatic deletion policies and maintaining ongoing compliance monitoring.

How long does eDiscovery take?

The length of eDiscovery depends on case complexity, data volume, and the number of custodians. The document review phase usually takes the longest. Early scoping, targeted collection, and analytics can significantly shorten timelines.

What is the difference between eDiscovery and digital forensics?

eDiscovery is the process of identifying, preserving, collecting and reviewing electronically stored information for legal proceedings. Digital forensics is the science of recovering and analysing digital evidence, often in the context of a crime or security incident. In practice the two disciplines overlap: forensic-grade collection methods are essential for admissible eDiscovery, and many eDiscovery matters require forensic investigation of deleted files, metadata or device activity. Forensic Control provides both, and our team has direct experience in each discipline.

How does the eDiscovery process work?

The process follows the Electronic Discovery Reference Model (EDRM), a globally recognised framework with seven core stages: identification, preservation, collection, processing, review, production and presentation. Each stage must maintain chain of custody, metadata integrity and full audit trails to ensure the evidence is admissible. Forensic Control manages all stages, working directly with your legal team throughout.

What types of data are included in eDiscovery?

eDiscovery covers all electronically stored information (ESI) that may be relevant to a legal matter: emails and attachments from Microsoft 365 and Gmail, cloud storage including Google Drive, OneDrive and SharePoint, collaboration platforms including Slack, Teams and Zoom, mobile data including SMS, WhatsApp and iMessage, databases, system logs, social media and archived data.

When is a legal hold required?

A legal hold is required as soon as litigation is reasonably anticipated - not only after a claim is issued. Triggers include letters before action, regulatory enquiries, internal complaints indicating potential litigation risk, and explicit threats of proceedings. Failure to implement a legal hold can result in sanctions, fines or adverse inference rulings.

How does GDPR affect eDiscovery?

GDPR creates specific obligations in eDiscovery matters involving personal data. Organisations must balance disclosure obligations under civil procedure rules against data minimisation and purpose limitation requirements under UK GDPR. This affects scoping decisions, redaction requirements and how data is transferred across jurisdictions. Our team is experienced in managing eDiscovery within the UK GDPR framework and CPR Practice Direction 31B, ensuring your production is both legally compliant and defensible.

How long does eDiscovery take?

The timeline depends on case complexity, data volume and the number of custodians. A straightforward DSAR or small-scale collection can be completed in days. A complex multi-custodian litigation matter may take weeks. Early scoping and targeted collection significantly shorten timelines. We provide realistic estimates at the outset.

How much does eDiscovery cost?

eDiscovery costs depend on data volume, number of custodians, complexity of review and urgency of the timeline. The largest cost driver in most matters is document review, which can represent 60-70% of total spend. Early case assessment and targeted collection are among the most effective ways to control costs. We provide clear pricing before any work begins.

What are eDiscovery best practices?

Effective eDiscovery is proportionate, defensible and well-documented. Key practices include implementing legal holds as soon as litigation is foreseeable, using forensically sound collection methods that preserve metadata, conducting early case assessment to scope proportionately, maintaining full documentation and audit trails throughout, and applying proportionality under CPR Practice Direction 31B and the Disclosure Pilot Scheme.

Forensic eDiscovery Consultants

Forensic eDiscovery consultants

Whenever you have the need for disclosure, the last thing you need is to be passed around a sales process before you can speak to someone who actually knows what they are doing.

Forensic Control provides managed eDiscovery for law firms, forensic accountants and in-house counsel. Our consultants have worked on all sides of the process: inside law firms, as forensic investigators, and as expert witnesses in court. When you instruct us, you deal directly with the experts doing the work.

We will take the best care of your data. We work as an extension of your team. And we help you succeed.

Greg Deane

eDiscovery and Litigation Support

18+ years legal tech

Bernie Madoff litigation

Multi-jurisdictional

Greg built his expertise at top international law firms and global consultancies before founding Advoco Legal Solutions. He has led complex eDiscovery projects across Europe, the Middle East and Africa, including senior support on the landmark Bernie Madoff litigation.

In eDiscovery, the difference between a good outcome and a poor one is often the quality of the scoping conversation at the start. We have that conversation with you directly.

Jonathan Krause

Founder and Managing Director

New Scotland Yard

Hi-Tech Crime Unit

Founded Forensic Control 2008

Jonathan began his career as a forensic investigator at New Scotland Yard's Hi-Tech Crime Unit before founding Forensic Control in 2008. His investigative background shapes everything Forensic Control does in eDiscovery: meticulous chain of custody, court-ready evidence handling, and the discipline to document every step to a standard that withstands legal scrutiny.

Our background is in investigation, not just technology. That means we understand what a court needs to see, not just what the software can produce.

Gurpreet S. Thathy

Director

Expert witness

TSCM specialist

Law enforcement

Gurpreet is a specialist in digital forensics and cyber investigations. He has provided expert witness testimony for law enforcement agencies, government bodies, corporations and high-net-worth individuals.

Expert witness testimony is not just about what you found. It is about being able to explain every step of how you found it, to a standard a court will accept.

Forensic eDiscovery consultants

The experts you will work with directly

Greg Deane

Jonathan Krause

Gurpreet S. Thathy

Our eDiscovery services

Forensic eDiscovery and data collection

Managed eDiscovery and document review

Compliance and Regulatory requests

Expert witness and court-ready reporting

Tracing director communications in a failed fintech insolvency

Why professionals choose Forensic Control

Direct access to senior experts

Responsive when you need us

Your data, handled with care

Experience on all sides

The eDiscovery process

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