Best Practices: Cloud ediscovery Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure

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1 Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure June 11, 2015 Stu Van Dusen 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. At Lexbe, we develop and implement technology that helps small and medium-size law firms, corporations, and advocacy groups cost effectively manage increasingly data intensive discovery. We do this via our web-based document review software, Lexbe ediscovery Platform, high speed ESI processing and conversion services, and a team of experienced technical specialists and expert consultants. Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms... to handle large amounts of data without investing in an IT infrastructure. 451 Research Lexbe is recognized as a 'Top 100' ediscovery Provider by ComplexDiscovery, a leading electronic discovery and information governance firm. Lexbe infrastructure provider AWS recognized as the Leader in Cloud Security by Forrester Research Lexbe Sales (800) x22

4 ediscovery Webinar Series Questions Technical Issues If you have any questions or technical issues, please them to:

5 ediscovery Webinar Series Stu Van Dusen Bio ediscovery Solutions Consultant at Lexbe LC, advising legal professionals on cloud-based litigation data processing, review and document management software and litigation support services. Prior business experience in financial services, software, and internet-based businesses. Education MS - Technology Commercialization, University of Texas McCombs School of Business (2013) BS - Management, Trinity University (2010) Contact Stu Van Dusen

6 Agenda The Challenge of Big Data in Litigation What is the Cloud? How does Cloud Technology Apply to ediscovery? Cloud Best Practices Advantages By Case Stage Summary

7 The Big Data Challenge Zettabytes* 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 Drive Netbooks Cloud Instance Servers PaaS Source: IDC Digital Universe Study (2012) * 1 Zettabyte = 1 Trillion Gigabytes 2015

8 The Big Data Challenge People are creating more digitally stored and accessible discoverable material than ever before. Cases that used to have limited amounts of data collected in discovery may now have many GBs. Not only is there more data, but there is a growing variety of data types. Discovery is becoming more complex and technical It is very difficult for small and medium sized firms to internally staff and manage the technical expertise and massive hardware needed to keep up.

9 What is the Cloud? Case Data + Access to ediscovery Tools Experts Voip iphones Professionally Peer-to-Peer maintained, encrypted Online Storage remote servers Digital Cameras Secure, encrypted Facebookinternet LinkedIn connection 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

10 What is the Cloud?

11 What is the Cloud?

12 How Does Cloud Technology Apply to ediscovery? Scalability -- Instantly deploy the resources necessary to complete your discovery task. Bring capacity up and down as needed Accessibility -- Litigation teams can access case data and discovery functions from anywhere with an internet connection. Speed -- More computers applied to your task results in faster throughput. Move on to the next stage of discovery earlier. Security -- Cloud infrastructure providers are the world s foremost experts in computer security.

13 How Does Cloud Technology Apply to ediscovery? Reduced Costs -- SaaS models help align costs with revenues; pay for actual rather than estimated usage Streamlined Workflows -- Cloud ediscovery solutions are often integrated across case stages where traditional software solutions are not. The risk of transferring data from program to program is alleviated in the cloud. Advanced Technology Available -- Predictive coding, near duplicate detection, concept searching, and integrated translation viewing is available within cloud platforms.

14 Scalability Speed Systems architecture allows cloud providers to increase server instances to apply more resources to your discovery task Traditional In-House Set-Up: 1TB to process to TIFF, 1 month to do it. Incoming ESI Internal Capacity: 10 dedicated servers 2GBs/day 10 servers x 2GBs/day x 30 days = 600GB And with any problems the job will not be finished on time Scalable Cloud Capacity: Deploy 500 servers x 2GBs/day and finish processing in 1 day Scalable cloud discovery tools allow for much improved throughput at less cost and risk Reviewable or Production Ready Documents

15 Accessibility Cloud infrastructure allows authorized users to access case documents and discovery functions from anywhere in the world with a secure internet connection. Case teams can collaborate in real time with inside counsel and experts. Many cloud systems offer greater flexibility in operating systems and browsers that can be used to access. Progress made by any one person will be instantly available to any other case team.

16 Security Cloud infrastructure providers are the world s foremost computer security experts. All data is strong encrypted in place and in transit. ISO security standards for cloud providers are incredibly strict, thorough, and specialized. Much more stringent standards than unregulated local machines. Cloud data centers also undergo grueling audits at very regular frequencies. Redundant configurations makes it very difficult to lose data.

17 Security Excerpt From AWS Release ( The Forrester Wave : Public Cloud Platform Service Providers Security, Q Lexbe ediscovery software and services are supported by AWS cloud infrastructure, recently named a Leader in cloud security by Forrester Research

18 Reduced Costs Option Potential Issues Increasing Internal Capacity: More resources dedicated to hiring, configuring, and managing complex IT resources. Moves operational focus away from litigating. When discovery volumes decrease, there Voip are costly and inactive resources. Doesn t align firm costs with revenues.iphones Peer-to-Peer Requires litigators to see the future in order to make accurate/cost-efficientonline buyingstorage decisions. Digital Cameras Often involve user fees,facebook start-up fees, case LinkedIn fees, etc. DropBox Backup Devices Associated with top-dollar processing charges. Elastic Storage SaaS Google Streets Prevents self-administration of simple, iterative Personal Blogs Skype World Satellite Images tasks. Personal Scanners Customer Service Recordings Public Webcams Google Goggles Netbooks Cloud Instance Servers PaaS Purchasing Fixed Volume External Capacities:

19 Reduced Costs Legend Internal Need In every month, this firm has active cases < 100GB But, there are demand spikes throughout the year as a result of new data intensive cases. How can you costefficiently address massive changes in discovery volumes?

20 Reduced Costs Legend Internal Discovery Needs Fixed Discovery Capacity Building internal capacity or buying fixed external capacities means purchasing hardware, software licenses, and increased staffing and management requirements. When internal discovery needs fall, these resources are dormant, but still expensive. Inactive Discovery Capacity

21 Reduced Costs Developing internal capacity to meet the lowest consistent needs reduces inefficient spend on non-scalable solutions like local hardware, software, and staffing. Scalable/cloud solutions allow you to cost-efficiently meet demand in excess of your firm s consistent need. Legend Internal Discovery Needs Internal Discovery Capacity Scalable Discovery Capacity

22 Traditional Workflow Collected/ Received Documents Apply Analytics Load Analytics Results Send ESI to IT department/ external vendor Load into analytics system Load into ECA platform Perform cull based on simple metadata extraction Download culled collection Process ESI into review format More Data? More Users? Analytics? Load Processed Data into Review Platform Review Process to agreed upon production format Download Production Deliver Production to Opposing Counsel Vendor sets up case, users in review platform

23 Streamlined Workflow Collected/ Received Documents Upload into ediscovery Platform; selfadminister case, users Process and fully extract ESI for culling and review More Data? Cull based on full content extraction Review (Integrated Analytics Tools) Process to agreed upon production format Deliver Shared Production link to Opposing Counsel

24 Integrated Analytics Access advanced ediscovery technology and workflows without migrating data TAR based workflows benefit from scaled capacity provided by cloud architecture. Review is completed quickly, accurately

25 Planning Planning ECA Culling Review Goals Production Trial Appeal Cloud Benefits Voip Identify ESI Repository Case teams can access planning and Custodians in a central database organizational tools from any web capable iphones device while preparing for legal holds and Peer-to-Peer discovery conferences. Remotely and Defensibly Collect Online Storage ESI Digital Cameras Data collections are completed quickly Facebook LinkedIn Upload to Cloud Database DropBox Backup Devices Conduct Quality Control On ESI collections securely and defensibly Elastic Storageare SaaS Google Streets s conducted by ediscovery specialists Personal Blogs Skype World Satellite Images Personal Scanners Customer Service Recordings Be prepared discovery Google Goggles Data can be immediately uploaded to the Public for Webcams Netbooks Cloud Instance Servers conferences and for discovery to case database PaaS proceed in the case

26 Planning Planning ECA Culling Review Production Trial Appeal Voip iphones Peer-to-Peer Online Storage Digital Cameras 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

27 ECA Culling Planning ECA Culling Review Goals Analyze collected data to identify potential collection gaps Evaluate the risks associated with the case Production Trial Appeal Cloud Benefits Integrated ECA reporting, pivot tables graphing of ECA collected by custodian, date range, document type, etc. Cull faster by applying scaled server resources Continue developing initial case facts issues, timelines Cull based on full document contents rather than just metadata Defensibly remove irrelevant documents from the case database Develop timelines, facts issues early in the case Reduce expenses by eliminating the need for a separate ECA/culling module

28 ECA Culling Planning ECA Culling Review Production Trial Appeal Instantly generate incoming ESI pivot charts and visual graphs. Export Early Case Analysis data directly to Excel Cull using scaled server resources

29 Planning ECA Culling Review Accurately and quickly process ESI collected to prepare for review and production Self-administer ESI processing with expert assistance available; process in the cloud Apply massively scalable server resources to increase throughput and move on to review faster Avoid paying high per GB processing Eliminate loading delays; documents are available for search and review once processed. Extract text from natives and OCR images for optimal searchability (Dual Index) Organize data for optimal review process Trial Appeal Cloud Benefits Goals Production

30 Planning ECA Culling Review Assign Case Participants and automatically perform optical character recognition (OCR) on all incoming documents Production Trial Appeal Securely Upload and Process Native Documents Directly in Your Browser

31 Review Planning ECA Culling Review Goals Production Trial Appeal Cloud Benefits Code documents accurately, quickly cost effectively Scalable server environment supports hyper-fast multi-language search results Identify responsive, privileged attorney s eyes only (AEO) ESI Move quickly from document to document and apply multi-doc updates instantly Search, ID, issue code key documents Apply near-duplicate detection, and predictive coding across massive collections within an integrated environment Utilize advanced ediscovery technologies to speed review, improve accuracy, and reduce risk of inadvertent privilege waiver Self-administer new users and cases; reduce expenses through leaner pricing often associated with cloud SaaS.

32 Review: Fast, Comprehensive Search Planning ECA Culling Review Production Trial Appeal Dual Search Index ensures that all of the contents of a document are searchable and viewable. Cloud infrastructure supports fast, thorough search results. Captures Embedded Text Captures Text Excluded From Print Captures Hidden Text Imaged/OCR Yes No No Native Extraction No Yes Yes Yes Yes Yes Index Method Lexbe Dual Index

33 Production Planning ECA Culling Review Goals Production Trial Appeal Cloud Benefits Apply scalable cloud resources to quicklyvoip convert ESI into relevant production format. iphones Peer-to-Peer Integrated analytics and production functions Prevent inadvertent production Storage reduce the risk of inadvertent Online privilege waiver of privileged documents Digital Cameras Facebook LinkedIn Deliver shared secure production link to speed Defensibly produce all DropBox Backup Devices delivery and maximize review time responsive documents to Elastic Storage SaaS Google Streets opposing counsel on time and in Personal Blogs Skype World Satellite Images agreed upon production format Personal Scanners Customer Service Recordings Public Webcams Google Goggles Netbooks Cloud Instance Servers PaaS Quickly convert documents into production format

34 Depos Motion Practice Planning ECA Culling Review Goals Production Depos Motions Trial Appeal Cloud Benefits Voip Integrated case management functionality maintains single database connection between documents and case facts issues iphones Peer-to-Peer Online Storage Rapidly create, edit, and download Create annotated and highlighted annotated/highlighted versions of documents. Digital Cameras document versions to support deposition preparation and Facebook LinkedIn analysis Devices Collaborate in realdropbox time with Backup co-counsel, Elastic Storage SaaS Google Streets independent of their location Personal Blogs Skype World Satellite Images Update Facts Issues and Case Timelines based on depositions Personal Scannersupdate Customer Recordings Dynamically Fact Service Issue timelines based and motion outcomes. Public Webcams Google Goggles Netbooks Cloud Instance Servers on deposition information PaaS Organize key case issues and facts by linking to supporting case documents

35 Trial Appeal Planning ECA Culling Review Goals Production Depos Motions Trial Appeal Cloud Benefits Voip is Accessible and searchable document repository available at trial iphones Peer-to-Peer Timelines can be dynamically updated with new Online Storage testimony as it becomes available Allow rapid timeline updating for Digital Cameras live case testimony Facebook LinkedIn DropBox Backup Devices Maintain case data and Elastic Storage SaaS Google Streets documents throughout the trial Personal Blogs Skype World Satellite Images and appeal process Personal Scanners Customer Service Recordings Public Webcams Google Goggles Netbooks Cloud Instance Servers PaaS Maintain access to case documents that may be brought up by opposing counsel

36 Summary Growing case ESI volumes present a major challenge to litigators. Traditional solutions lack the scalability needed to get in front of this trend For firms to maintain and expand their competitive presence they need to be able to take on ESI intensive cases. Cloud technology and infrastructures have creative attractive, secure, and scalable solutions that let litigators cost-effectively handle ESI intensive cases. Cloud ediscovery solutions should be flexible, integrated, and feature-rich. They should also allow for self-administration, but also provide access to technical and ediscovery experts.

37 Thank You Contact Info Gene Albert: (512) Stu Van Dusen: (512) Webinar Questions:

Stu Van Dusen Marketing Manager, Lexbe LC. September 18, 2014

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