Uploaded byRuss Gould
eDiscovery Perspective
This document provides an overview of electronic discovery (eDiscovery) including key drivers and challenges. It discusses how digital information is growing exponentially and the rising pressure on corporations to have comprehensive eDiscovery strategies to address litigation needs. The eDiscovery process is described including collections, processing, review and planning. Challenges like tight deadlines, legal expertise needs, and technology expertise are covered. The importance of people, process and technology is emphasized.
eDiscovery Perspective
- 1. eDiscovery Putting ItInto Perspective - eDiscovery 101Russ GouldDirector of MarketingElectronic Evidence DiscoveryApril 2008
- 2. 2This SessioneDiscovery Driversand ChallengeseDiscovery Overview Process… Collections… Processing… ReviewPlanning for a SolutionKeys to Success
- 3. 3What is ElectronicDiscovery?. . . everything surrounding the collection of electronically stored information and processing through to its delivery to the requesting party. . . requires having a process in place that allows you to produce all electronically stored information that meets the definition of evidence as dictated by the request or order
- 5. Digital Information isExplodingPercent of all new business information that is created in electronic form: 97%What percent of corporate data resides in or is attached to e-mails:60-70%How many email messages per day are sent?183 Billion Means more than 2 million emails are sent every second
- 6. Rising Pressure toPerformThe amendments to the FRCP, require corporations to incorporate a comprehensive and defensible strategy, process and plan for handling preservation, collection and production of ESI right from the start – and then actively manage the timelines and milestones associated with the plan.Electronically stored information (ESI) is at the forefront of any federal litigation“Federal Rules of Civil Procedure are Y2K for corporate Legal - we must respond” VP Litigation, F500 Corporation
- 7. High Risk Litigation Threat of Court Sanctions Tight deadlines Legal expertise eDiscovery expertise Technology expertise eDiscovery Challenges
- 8. GCCaseAttorneyIT Legal SupportVPLitigationeDiscovery ManagerComplex, Matrix RelationshipLaw FirmLaw FirmEED( eDiscovery Vendor ) EED (eDiscovery vendor)ParalegalClient/Revenue PartnerSenior AssociateLit SupportManagerAssociateAttorneyeDiscoveryPartnerCorporationCorporation
- 9. The Vendor ConfusionFactor Big 4 Audit Firm eDiscovery Practices Full Service eDiscovery Specialist eDiscovery Providers Who offer eDiscovery Services & Technology Global Technology/ Consulting firms Who MAY move into eDiscoveryServicesLocal eDiscovery Single ServiceSpecialists 4 Large Legal Consulting firms Who offer eDiscovery Services Small eDiscovery Technology Tool Specialists Who work throughService partnersLarge ECM /Search Technology Vendors
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- 11. eDiscovery - A Process
- 12. Using the EDRMModel
- 13. eDiscovery Process -Collections
- 14. Upfront Planning withthe end in mindMap the matter, not the worldDon’t ask people to do something for the 1st time in at-need situationsEverything you do should be auditable, maintain chain of custodyFocus on the people and the dataThoughtful and reasonable approach to backups “Only back into backups”CollectionsGuidelines
- 15. Do the toolsI have capture everything required?What metadata do I need?What do we do about the hundreds of archive tapes on the matter?There is more to it than crawling and grabbing files. This is why expertise is needed.Do we want company personnel on the stand defending our process?What does the court expect?Can your company afford the risk?CollectionsBe Aware
- 16. Why Collection Skillis Important Collection has an impact on Legal Document Review Legal Document Review $1.5m (without optimization) eDiscovery Strategy Planning$25KExpert Witness $100K Data Processing $300K Collection$75KProduction $100K Project Management $50K Time – on average – 7 months to 2 years
- 17. eDiscovery Process –Processing and Review
- 19. People – Process- TechnologyRM plan can help reduce size of cloud
- 20. Why Optimize theReviewLegal Document Review is 70% of the cost of eDiscovery & Review Legal Document Review $1.5m (without optimization) eDiscovery Strategy Planning$25KExpert Witness $100K Data Processing $300K Collection$75KProduction $100K Project Management $50K Time – on average – 7 months to 2 years
- 21. Clustering DocumentsTwo typesof clustersDocuments about the same subject or topicDocuments that are revisions or continuations of each otherObjectivesCreate easy to understand groupings…That are very likely to receive the same annotation…Presented in a manner that facilitates review efficiency.Improve review efficiency and effectiveness
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- 23. Reviewing Relationship ClustersRelateddocument workflowExact DupesExact DupesExact DupesExact DupesNear DupesNear DupesNear DupesNear DupesThreadsThreadsThreadsThreads
- 24. CompareVue – RelationshipClusters
- 25. CompareVue – ReviewOnly DifferencesItem View
- 26. Review - AnIterative WorkflowExploration, Selection & OrganizationValidation ReviewReviewCluster FoldersWork FoldersReview AssignmentsWork Product FoldersTest Results
- 27. Relationship Cluster BenefitsLinearReviewRelated Document ReviewDocuments to ReviewTime
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- 29. Extensive PlanningClientLaw firmwith a multi-national clientProblemCollection and processing of more than 1,000 personal computers and years of back-up tapes widely distributed across the globeSolutionDeploy collection specialists and execute global effort to image, log, and control the chain of custody for users’ computers and backup media
- 30. ClientLaw firm witha global pharmaceutical manufacturer and distributor clientProblemNeed to process, review & annotate data from Warsaw without transferring data from Poland or sending an “army” of personnel to manage the processSolutionDispatch a small team to set up a data processing facility and hosted review using Discovery® software systemReview in Poland
- 31. ClientOne of theworld’s largest food producers.ProblemAggressive deadline of 45 days to find and produce all responsive documents in a 3.7M item data setData located in seven different countriesSolutionApply advanced culling and de-duplication procedures resulting in a greatly reduced data setExcellent pre-collection and pre-processing planning proved invaluable in this effortProject Management
- 32. Planning for aSolution
- 33. Electronic Evidence Discovery-EEDA History of LeadershipMost experienced provider of eDiscovery Processing and Review services. 1st company to offer eDiscovery project management and technologyMore than a decade of eDiscovery and Review ExpertiseTrusted partner in litigations and regulatory actions1,300 lawsuits in the last 8 yearsRelied upon expertsExclusive Advisor of the Sedona Conference Working Group on Electronic Discovery and Electronic Record RetentionTrainers of federal and state judiciaryEED experts have testified in over 60 matters
- 34. A joint valueproposition to provide corporations with a single source for legal compliance solutions
- 35. In-sourced Collection withOutsourcedServicesCorporations will strive to use ECM competence in combination with an eDiscovery expert service provider who understands ECM
- 36. Design eDiscovery ProcessesDefensibleeDiscovery and litigation response programsAnalyze, advise, design and document the critical elements of consistent and credible program Identify, preserve, search, cull, review,annotate and produce litigation dataGet Help - Process Must be Defensible !
- 37. A Defensible eDiscoveryModelConsistent process across all participating organizationsAbility to schedule activities and milestonesPre-process vetting and validationScalable to meet any matter size or deadlineAbility to integrate 3rd party products and services in a planned wayDefensible — Tested and Proven
- 38. SoftwareIBM eDiscovery. .. EED is a partner
- 39. Legal Content ManagementAltienFor Corporate Legal (A4CL) - UI designed specifically for Corporate Legal - Precursor to eDiscovery collection - Sits on Corporate Legal desktops in a simple, user friendly way - Allows CL and IT to better manage unstructured data for the purposes of litigationEnable attorneys to create efficient legal content management leveraging the power of current ECM investment
- 40. CM: Altien forCorporate Legal
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- 42. BPM: eDiscoveryProcess Manger
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- 45. Communications PortalCreate andtrack support tickets, review known issues, find solutionsRequest work online and track progress through the EED systemGet real-time access to project and work order status
- 46. Keys for eDiscoverySuccessAutomate existing legal dept. processesCustodian NotificationDedicate internal resourcesNeed specific expertisePartnerOutside CounselIBM (ECM supplier)eDiscovery vendorEstablish enterprise protocol for eDiscoverySync IT, RM, LegalMust be defensibleNot Just TechnologyPeopleProcessTechnologyLeverage ECM platformContent ManagementBusiness Process management
- 47. Leave YourBusiness CardExcellent white paper resourceseDiscovery and ECM Natural PartnersEmail Retention in 2008Collections Best PracticesCopy of presentationA Key resources Sedona Conference www.sedonaconference.org
- 48. Thank You forYour Time!Russ GouldDirector of MarketingElectronic Evidence Discovery, Inc.rgould@eedinc.com206-343-0131