Electronic Discovery Reference Model and Metadata October 7, Peter S. Vogel, Adjunct. Copyright, Peter S. Vogel,
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1 Electronic Discovery Reference Model and Metadata October 7, 2013 Peter S. Vogel, Adjunct Copyright, Peter S. Vogel,
2 Sonya Everitt Manager of Technology Practice Support Gardere Wynne Sewell LLP 1601 Elm St., Suite 3000 Dallas, TX Sonya Everitt has 13 years of Litigation Support, Project Management and Training experience, and is currently working for Gardere Wynne Sewell, LLP as their Practice Support Manager. Sonya works with the firm s management team to create and implement strategies for Litigation support that focuses on quality work product, customer and client care and innovative technology solutions. Areas of Expertise: Project Management, Database Administration, Electronic Discovery, and Document Productions Automated Litigation Support Well versed in database conversions and manipulating data Incorporating Training Departments and Project Specific Trainings for firms Professional Affiliations: Dallas Association of Litigation Support Managers ( ) International Legal Technology Association ( ) Women of ediscovery ( ) Houston Association of Litigation Support Managers ( )
3 Sonya Everitt Manager of Technology Practice Support Gardere Wynne Sewell LLP 1601 Elm St., Suite 3000 Dallas, TX Certifications: Ringtail Administration for Project Management Clearwell Technical and Project Management Certified CaseMap/Time Map Technical Certification LiveNote Certification ProLaw Training Law Admin/EDD Certification Litigation Support Product Experience: Ringtail Clearwell CaseMap/TimeMap LiveNote CaseNotebook Relativity Summation LAW Concordance
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41 = Hash Hash: A mathematical algorithm that represents a unique value for a given set of data, similar to a digital fingerprint. Common hash algorithms include MD5 and SHA.
42 = Hash MD5: (Message-digest Algorithm 5) A hash algorithm used to give a numeric value to a digital file or piece of data. Commonly used in electronic discovery to find duplicates in a data collection. SHA-1 and SHA-2 (Secure Hash Algorithm): for computing a condensed representation of a message or a data file specified by FIPS PUB 180.
43 = Hash Hash Coding: To create a digital fingerprint that represents the binary content of a file unique to every electronically-generated document; assists in subsequently ensuring that data has not been modified.
44 = Hash Hash Function: A function used to create a hash value from binary input. The hash is substantially smaller than the text itself, and is generated by the hash function in such a way that it is extremely unlikely that some other input will produce the same hash value.
45 Disk Fragmentation Delete v. Undelete Copying over all files Slack space
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48 (D) Responding to a Request for Production of Electronically Stored Information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form or if no form was specified in the request the party must state the form or forms it intends to use.
49 (E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request; (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and (iii) A party need not produce the same electronically stored information in more than one form.
50 (E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request; (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and (iii) A party need not produce the same electronically stored information in more than one form.
51 (E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request; (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and (iii) A party need not produce the same electronically stored information in more than one form.
52 (E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request; (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and (iii) A party need not produce the same electronically stored information in more than one form.
53 Texas Rule of Civil Procedure 196
54 196.4 Electronic or Magnetic Data. To obtain discovery of data or information that exists in electronic or magnetic form, the requesting party must specifically request production of electronic or magnetic data and specify the form in which the requesting party wants it produced. The responding party must produce the electronic or magnetic data that is responsive to the request and is reasonably available to the responding party in its ordinary course of business. If the responding party cannot - through reasonable efforts - retrieve the data or information requested or produce it in the form requested, the responding party must state an objection complying with these rules. If the court orders the responding party to comply with the request, the court must also order that the requesting party pay the reasonable expenses of any extraordinary steps required to retrieve and produce the information.
55 196.4 Electronic or Magnetic Data. To obtain discovery of data or information that exists in electronic or magnetic form, the requesting party must specifically request production of electronic or magnetic data and specify the form in which the requesting party wants it produced. The responding party must produce the electronic or magnetic data that is responsive to the request and is reasonably available to the responding party in its ordinary course of business. If the responding party cannot - through reasonable efforts - retrieve the data or information requested or produce it in the form requested, the responding party must state an objection complying with these rules. If the court orders the responding party to comply with the request, the court must also order that the requesting party pay the reasonable expenses of any extraordinary steps required to retrieve and produce the information.
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60 12. Absent party agreement or court order specifying the form or forms of production, production should be made in the form or forms in which the information is ordinarily maintained or in a reasonably usable form, taking into account the need to produce reasonably accessible metadata that will enable the receiving party to have the same ability to access, search, and display the information as the producing party where appropriate or necessary in light of the nature of the information and the needs of the case.
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73 248 FRD 169, Production of All Responsive Documents Generated After February 10, 2003 Impax contends that, except for self-selected discrete categories, Wyeth is refusing to look for or produce documents created or generated after February 10, Wyeth, in response, contends that documents created after February 10, 2003 are irrelevant and that updating the search would be burdensome and unlikely to produce relevant material. Wyeth also contends that it has offered to update searches in those areas that might possibly have subsequent relevant documents generated after February The Court finds that Wyeth's proffered production is reasonable. Wyeth has identified those areas where relevant documents may have been created or generated after February 2003, and is willing to continue to augment its discovery responses. Since Impax has not demonstrated that the broad search it asks for will generate additional relevant documents, the Court concludes that the burden of production on Defendant outweighs its likely benefit to Impax. Accordingly, this portion of Impax's Motion is denied.
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80 Electronic Discovery Reference Model and Metadata October 7, 2013 Peter S. Vogel, Adjunct Copyright, Peter S. Vogel,
Producing Documents or Electronically Stored Information - A Case Study and Procedure
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