Understanding Search and Retrieval for Effective E- Discovery Results

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1 Understanding Search and Retrieval for Effective E- Discovery Results Digital Government Institute ediscovery, Records & Information Management March 5, 2009

2 Introductions Panellists Harley A.J. (Bucky) Methfessel, Esq. Senior Counsel for Information and Technology OGC, US Department of Education Deborah Baron VP, Legal & Compliance Autonomy Inc.

3 Agenda Introductions & Background Search Fundamentals Search and the Electronic Discovery Reference Model A word from the Bench: Search in recent case law Real-life Examples to Get Ahead of the Curve Defensibility Search Strategy Going Forward Review Cost Estimator & Best Practices to take away

4

5

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8 EDRM: People, Process & Technology 8 Preparation Collection Review & Production IT Legal Business IT Legal IT IT Legal IT Legal Legal 3/10/2009

9 Hybrid Approach to Search

10 U.S. Department of Education The Office of the General Counsel Information and Technology 5 March 2009 OGC - IT

11 Mission The mission of the Office of the General Counsel is to support equal access to education and educational excellence throughout the Nation by providing sound, understandable, useful and high quality legal services to our customers, and by effectively managing the Department's regulations functions and ethics program.. OGC IT (Information and Technology) supports this mission by enabling OGC to operate more effectively by leveraging information and knowledge technology and employing PMI and related technology and management best practices to the OGC s various disciplines. Essentially, OGC IT acts as a bridge between OGC and other Department Principal Office Components (POCs) that anticipates the impending merger of legal and IT professional practices by addressing key substantive and technical issues "programmatically." 5 March 2009 OGC - IT

12 Key Program Components LEARN Legal Electronic And Records Node Policies and procedures affecting e-discovery and related practice areas EDUCATE Education Department Utility for Communications, Applications and Technology Environment PWS Consolidates RM, FOIA and e-discovery requirements in one place Integrated Program Team (IPT) and the vision for comprehensive ECM LITIGATION SUPPORT Case types BB&T MISCELLANEOUS Program Records Official Security Privacy Compliance 5 March 2009 OGC - IT

13 Case Law & Search Victor Stanley, Inc. v. CreativePipe, Inc. D.Md.,2008, WL (D.Md.)) May 29, US Judge Magistrate Paul Grimm wrote in his opinion, all keyword searches are not created equal; and there is a growing body of literature that highlights the risks associated with conducting an unreliable or inadequate keyword search or relying exclusively on such searches for privilege review. Review & Production Disabilities Rights Counsel of Greater WDC v. WDC MTA,2007,, 242 F.R.D. 139, at 10 (D.D.C. June 1, 2007) US Magistrate Judge John Facciola required the parties to meet and confer and present him with an agreed search protocol for ESI. In his written opinion the Judge pointed them to recent scholarship that argues that concept searching, as opposed to keyword searching, is more efficient and more likely to produce the most comprehensive results. Identification through Production

14 Scholarship Read by the Bench on Keyword and Advanced Search George L. Paul and Jason R. Baron, Information Inflation: Can the Legal System Adapt?, 13 RICH. J.L. & TECH. 10 (2007), Sedona Conference Culling is crucial! Explosion in potential sources of information Need to identify key personnel and issues Conceptual search can identify relationships Search and Retrieval Commentary Quality and Project Management (upcoming 2009)

15 Combined Keyword and Conceptual Search side letters procurement issues off balance sheet transactions increasing operating costs high expenses for procurement staff unauthorized credit card transaction company registration Automatically Cluster Content Together by Concepts auditing questions poor quality inputs new suppliers transfer pricing poor supply chain management low inventory levels high returns ratio product performance issues

16 Administration and Regulators Keen on Audio & Speech Analytics APPROVED

17 Going Forward Strategies, Best Practices and ROI Estimator

18 ED Search Strategy EDUCATE Consolidate data through archiving and EDUCATE EIS consolidations Overlay a meta-data layer with COTS tools Departmental Indices and Ontologies POC Indices and Ontologies Develop an applications layer that leverages existing investments and adds functionality to POC specific requirements E-Discovery Challenges Standards based searching can we make it a reality? What constitutes "reasonable inquiry" by attorneys in support of Rule 26(g) certifications? What is the meaning of complete and correct as ED strives to find potentially relevant information? How does ED prevent destruction (spoliation) in the face of massive legacy data, existing management of ESI and significant cultural resistance? 5 March 2009 OGC - OIT

19 Search Checklist 1. Capabilities of core search technology Keyword and Advanced Search Metadata indexing Web 2.0 (IM, Twitter, Facebook) 2. Consistency of search across ediscovery components 3. Performance techniques no jump outs or partial indexing 4. Scalability 5. Languages important to your organization 6. Multimedia data types relevant to your organization 7. Analytics for Quality Assurance

20 Thank You Bucky Methfessel OGC, Dept. of Education Deborah Baron Autonomy, Inc

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