ediscovery & Case Management for Disability Rights Advocates

Transcription

1 ediscovery & Case Management for Disability Rights Advocates Handling Large Cases in a Collaborative Environment with Hosted ediscovery Review Software June 26, 2014 Gene Albert Principal, Lexbe LC

2 ediscovery Webinar Series Info & Future Takes Place Monthly Cover a Variety of Relevant ediscovery Topics Presentations Available for Download by Registrants

3 ediscovery Webinar Series About Lexbe Lexbe is an Austin, TX based ediscovery software and services provider. Lexbe ediscovery Platform Lexbe ediscovery Platform is a hosted ediscovery processing and review tool. Users can load a variety of file types, process for review, OCR for search, and conduct document reviews, productions, prepare for depos & analyze transcripts, conduct case analytics, prepare for dispositive motions, and provide litigation support during trial. Lexbe ediscovery Services Lexbe does large volume document culling, processing from native to PDF or TIFF, load file creation, high-volume OCR of image files, Rule 26 and ediscovery consulting, and related ediscovery Services. Lexbe Sales sales@lexbe.com (800) x22

4 ediscovery Webinar Series Questions & Technical Issues If you have any questions or technical issues, please them to: Questions will be forwarded to Gene and answered during the webinar or via e- mail if we run out of time.

5 ediscovery: Disability Rights Advocates Gene Albert bio Current Principal of Lexbe LC, an Austin-based developer and provider of cloud-based litigation review and document management software & ediscovery services Prior Experience -Legal experience as in-house counsel and in private practice -Business experience in software, medical services and internet-based businesses Education -BA, University of Texas (1979) -JD, Southern Methodist University (1983) -MBA, University of Texas (2005) Contact Gene Albert

6 ediscovery: Disability Rights Advocates Common Issues Advocates Face Periodic Document-Intensive Cases Outside Normal Systems High Privacy and Security Obligations Need to Conduct Doc Reviews/Productions Quickly How Best to Collaborate with Co-Counsel on Cases Staff and Co-counsel in Disparate Geographical Locations Stretched Internal IT and Litigation Support Resources Limited Training Resources for Attorneys and Staff Budgetary Limitations and Need for Cost Efficiency

7 ediscovery: Disability Rights Advocates Available Case Management Tools Inexpensive ediscovery Processing, Hosting & Production High Security, Encrypted Environment for Document Management Fast & Easy Document Review Platform Option Flexible Self-Administration Rights for Attorneys, Staff and Co-Counsel Various Self-Serve and Guided Training and Best Practices Options Cross-Platform, Standards-Based; JAWS Support Low Cost and Predictable ediscovery and Hosted Review Options

8 Is ediscovery Data Increasing? Data Types and Volume Keep Growing Zettabytes* 4 Digital Information Created, Captured, Replicated Worldwide Voip iphones Peer-to-Peer 2.8 zettabytes of information were created Online Storage and replicated during 2012, a 56% increase Digital Cameras from 2011 (IDC) Facebook LinkedIn DropBox Backup Devices Elastic Storage SaaS Google Streets Personal Blogs Skype World Satellite Images Personal Scanners Customer Service Recordings Public Webcams Google Goggles Netbooks Cloud Instance Servers PaaS Source: IDC Digital Universe Study (2012) * 1 Zettabyte = 1 Trillion Gigabytes

9 Why Are ediscovery Costs Rising? Increase in Collection Size per Custodian Custodian Collection Size Increases GBs GBs per Custodian (0.9 Million pages) Drivers of Processing Costs More ESI data sources More ESI stored Increases in Custodian ESI size 10 Outpaces Drops in per GB costs GBs per Custodian (0.5 Million pages) Source: Legal Technology Leadership Summit (2011)

10 Cloud Document Review & Production What is it? FEATURES Self-administration Native (Office, etc.) processing Automatic OCR Early case analysis Dual-index search Exact & near-dup ID Doc Review & issue tagging Blended productions Transcript management Timelining, depo prep Dispositive motions Trial document management Web-based litigation document management software

11 Cloud Document Review & Production Benefits Flexible Meet feature and workflow requirements of cases when needed. Scalable Increase and decrease usage depending on case needs. Secure Providers prioritize and specialize in encryption, security and recovery. Low Maintenance Eliminate up-front software licensing and server maintenance cost. Reduce internal IT/Lit Support personnel costs.

12 Cloud Document Review & Production Security & Data Ownership What to look for in litigation cloud service offerings: Encryption Data encrypted (256-bit or above) in-place and in-transit. Data Center Certifications Data centers should be certified, follow industry best standards, etc. Clear Ownership Rights Service agreements should clearly acknowledge client data ownership. Redundant Back-Ups; Recovery Service provider should have robust and redundant backup & recovery protocols.

13 Cloud Document Review & Production Managing the ediscovery Processes Setup & Planning Collection Culling & Analysis Processing Review & Production Depos & Motions Follow and ediscovery processes for most efficient and cost-effective case management. At each stage ask: What is being done? What are the drivers of quality and cost? Would process and technology improvement yield a better result? ediscovery processes should be matched to case needs, overall case strategy and risk management.

14 Getting Your Files In & Out of the Cloud DIY or Send it In/Out Advantages of Self-Administration -Fast -No waiting -Lower cost -Best for smaller cases Vendor Handles -Expertise -Capacity -Focus -Best for larger cases Best to have both options

15 Getting Your Files In & Out of the Cloud Download Case Documents

16 Document Review & Production Manage the ediscovery Funnel High Volume Low Relevance ESI ID & Collection EDA & Culling/Filtering << Early Efforts Here Result in << Review & Production Use (Depos, Motions, Trial) << Time << Improved Quality and Reduced Costs Here << Low Volume High Relevance

17 Document Review & Production Incoming Types for Review/Production Native Files Outlook (PST, MSG), Office files (Word, Excel PowerPoint), Web (HTML), Images (JPG, PNG, TIF) and most other common native files support. Container file (e.g., PST, ZIP, RAR) & (MSG) attachment expansion. Conversion to PDF for Review; OCR Supported file types automatically converted to PDF for review and OCRed. Native versions linked & reviewable. Extraction and Fielding of Metadata Sender, receivers, date, time & subject; Other files: Author, date last modified, and other metadata extracted and fielded in litigation database. Indexing for Fast Search Search index optimized for fast retrieval (usually seconds).

18 Document Review & Production Advantages of PDF for Review Portable No need for additional local software to view files. Viewing in native alone can slow reviewers. Easily printed for depos, etc. Bates Stamping Documents can be bates stamped and pages specifically identified using a variety of software tools. Easy to Work With Single file (compared with single page TIFFs with separate text files, load files). Increased Searchability Applying OCR to PDF files makes most data searchable. Native Integration Native files linked to record for access when needed; TIFFs can be created as part of production step.

19 Document Review & Production Document Viewing - Multiple Versions Hits - Highlighted from search Original - Native if available HTML - Extracted text from Native Page - One page at a time PDF - Viewing & access Text - OCR of images Redacted - Confidentiality Annotated - For depos

20 Document Review & Production Pre-Built & Custom Fields/Tags Built-In Fields -Immediately usable -Integrated workflow -Leverage best practices -Wheel already invented Custom Fields -Issue coding -Reviewer assignment -Add l filtering/sorting -Unlimited in number/use Best to have both options

21 Document Review & Production Review Methodology Options Setup & Planning Collection Culling & Analysis Processing Review & Production Depos & Motions Match Methodology and Case: Case size/type/budget will drive which review method is preferable in any given case. Linear Review: Read, review, and code all documents, one at a time. Comforting but not cost-effective or even possible in larger cases. Keyword Search: Using search keywords to identify responsive and privileged documents. Accurate and cost-effective if done correctly. TAR: Technology assisted review/predictive coding. Manually review a seed set of documents to train computer algorithm that will automatically code the remaining documents.

22 Document Review & Production Review Methodology Options Setup & Planning Collection Culling & Analysis Processing Review & Production Depos & Motions Watch out for Inadvertent Privilege Release Larger cases have put a strain on accurate privilege review. Finding 24 versions of a privileged document doesn t help if you release version 25. Nothing is more costly than compromising or losing a case because of privilege disclosure. Claw-back agreements a good idea, but no panacea. You can t unring a bell.

23 Document Review & Production Review Methodology Options Setup & Planning Collection Culling & Analysis Processing Review & Production Depos & Motions Minimizing Risk of Privilege Release Understand the Privilege Review process undertaken in detail. Build dictionary of privileged sources and issues early in doc review. Check for: insufficient review time; undertrained review; unsearchable documents; incomplete search indices; poor redaction controls; privilege text retained in natives, text files, and load files. Use specialized computerized privilege checks for container ( family) consistency, exact-dup and near-dup identification.

24 Document Review & Production Better Search with Dual Indexing With a Dual-Index approach the search engine indexes both text extracted from Native files ( , attachments, spreadsheets, etc.) and imaged file OCR text (TIFF, JPG or PDF). Most comprehensive approach minimizes potential for lost and unsearchable data. Benefits of Dual Index Approach Index Method Captures Embedded Text Captures Text Excluded From Print Captures Hidden Text Imaged/OCR Yes No No Native Extraction No Yes Yes Dual Index Yes Yes Yes

25 Document Review & Production Linear Review Workflow

26 Document Review & Production Keyword Searching Workflow

27 Document Review & Production Redaction

28 Document Review & Production Privilege Log From Metadata Privilege Log Auto-Creation -Metadata extracted from natives - date/time, sender, receiver, subject -Privilege and Work Product coding used -Privilege log automatically generated for review Faster Log Creation Greater accuracy

29 Document Review & Production Delivery Options What to look for in production delivery functionality: Flexible Output Format -Produce TIFF, PDF and/or Native depending on requests/requirements. -Load files (metadata and other information) in common formats (Lexbe Excel load file, Concordance, Relativity & iconnect DAT and Summation DII) Bates File Naming & Embossing -Flexible Bates naming and numbering -Confidential/Protective Order/Atty Eyes Only Advantages of Including Natives -Best rendition of what custodian saw -Spreadsheets, other types paginate poorly -File metadata -Ability troubleshoot password, corruption issues -Ability to open unusual file types with local apps Flexible delivery functionality reduces needless discovery disputes

30 Preparing for Depositions Issue Coding

31 Preparing for Depositions Search & Review Search Requirements Basics -Accurate -Fully indexed -Easy to Use Better -Many search options -Concept -Fuzzy & stemming -Boolean -Keyword highlighting Best -Very fast (returns in seconds) -Dual indexing of natives/paginated

32 Preparing for Depositions Multidoc Edit for Fast Issue Coding

33 Preparing for Depositions Who s on First: Key Case Participants

34 Preparing for Depositions Timelines for Depo Prep

35 Preparing for Depositions Assigning Docs to Deponents

36 Ready for Dispositive Motions Extract Facts from Depos & Exhibits

37 Ready for Dispositive Motions Categorize Facts for Fast Motion Practice

38 Ready for Dispositive Motions Find & Filter Facts & Issues

39 Trial Using Cloud Review Tools at Trial What to look for in trial functionality: Document Archive & Access -Cloud-based system allows you to access any case document during trial -Fast search for timely cross, etc. Dynamic Timelines -Update new facts developed in trial testimony -Update timelines on the fly -Identify supporting/contradicting evidence Presentation Materials -Documents, facts & issues can be exported for Trial Director, Verdict and other presentation programs

40 Case Study Disability Rights Ohio We have found Lexbe to be a very responsive and helpful ediscovery partner. Lexbe's review tool gives our internal staff and co-counsel a shared work environment to speed document review and productions in large document cases. Lexbe has been an excellent, costeffective solution for our needs. Kerstin Sjoberg-Witt Legal Director Disability Right Ohio Case Situation Disability Rights Ohio, along with outside counsel Brown Goldstein Levy, filed suit on behalf of a visually impaired student against Miami University alleging discrimination. Issues Disability Rights attorneys, staff, and outside counsel collaborating from separate states sought a highly secure and sophisticated, yet easy to use, review solution with the ability to create productions themselves - while also meeting tight deadlines. Solution Disability Rights Ohio chose Lexbe ediscovery Platform to deliver an intuitive cloud-based solution that allowed advocates across the United States to coordinate and accelerate their review efforts in a secure, full featured environment with production control.

41 Summary Solutions for Disability Rights Advocates Be Able to Pursue Large Cases Costs and goals are aligned as Disability Rights Organizations can take a big case when needed without the capital and personnel costs associated with a large, standing in-house litigation support department Be Reviewing Fast Documents can be loaded, processed and indexed in days from an order Leverage Best Practices Leverage industry best practices regarding security, ESI workflow, search, review and productions, as that is built into the software design Level the Playing Field Cloud technology enables Disability Rights Organizations to meet larger firms head on and not be out-gunned

42 Resources Lexbe Educational Resources Available at ediscovery Webinar Series Each month, Lexbe delivers ediscovery webinars for litigation professionals to learn more about specific legal technology issues and processes from industry experts. ediscovery 101 Library Read articles about a wide range of subjects, terms, and concepts related to ediscovery. ediscovery Calculator Determine how much data you really have to manage.

43 Thank You Contact Info Gene Albert: Lexbe Principal Stu Van Dusen: Marketing Manager Lexbe Sales: Webinar Questions: (512) (512) (800) x22