E- Discovery in Criminal Law

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1 E- Discovery in Criminal Law

2 ! An e-discovery Solution for the Criminal Context Criminal lawyers often lack formal procedures to guide them through preservation, collection and analysis of electronically stored information, even though the consequences of failing to preserve ESI can be broader and more severe in criminal cases. AccessData Group offers a defensible, automated, scalable and cost effective solution to this problem. At the forefront in support of ediscovery processes, AD also provides advanced capabilities that allow prosecutors and defense attorneys alike to address electronic discovery from beginning to end, while mitigating risk and avoiding exorbitant service provider fees and court losses: Move Quickly to Preserve Data When Investigation is Expected: Provisions in the Sarbanes-Oxley Act indicate that a government investigation need not have commenced, nor a subpoena been issued for a duty to preserve information to arise. Create preservation notices and then manage and track them from an integrated platform. Conduct automated, surreptitious full-disk imaging or targeted collection to forensically preserve data from a central office. Collect from geographically diverse personnel or locations with secure remote collection capabilities. Perform discrete data collection with incremental updates throughout an investigation. Thorough preservation and collection can reduce potential for obstruction of justice investigations. Support Heightened Security and Confidentiality Needs: Special preservation challenges can arise in the criminal context when a matter must be kept confidential, but the investigation must be thorough. Innovative role-based permissions that let you design different access levels for different groups. Permissions can be assigned at the case and user level. Central data management for maximum oversight. Robust Processing and Culling: Avoid complications of adversely impacting calculations under the U.S. Sentencing Guidelines by increasing the defendant s culpability score [See U.S.S.G. 8C2.5]" Industry's most advanced and flexible ESI processing engine based on the leading computer forensics technology, FTK. Proven handling of some of the largest and most complex data sets. Supports 400+ different file types, de-nisting, unicode, decryption, corrupted files and processing exception reports. Reduce Criminal Data Processing Backlog: Via distributed processing, dramatically reduce indexing and culling time from days to hours, all while leveraging existing hardware investments. FY2011 DoJ Civil Division requested additional resources to, meet amendments to the FRDP, as well as developing case law that imposed severe sanctions upon client and counsel not equipped Web-based Collaborative Analysis and Review: Every person with a role in the engagement can log in via the web to perform his or her tasks. Data can be reviewed quickly and accurately via easy-to-use searching, filtering and threading. Detailed Reporting throughout the Entire Process: View detailed matter summaries, custodian history, processing stats, deduplication record, search history, export reports and more

3 Reasonable Expectation of Investigation Triggers defense duty to preserve Preservation Subpoena Triggers Defense v. Search Warrant T r Indictment T s duty to Review By Prosecution is identified Prosecution Disclosure to Defense T The Difference with AccessData Litigation Hold Identification & Collection ECA & Culling Analysis & Review Case Management & Trial Prep AD ediscovery AD Summation

4 Step by Step with AD ediscovery Information Retention - Thoroughly audit for and identify electronically stored information (ESI) that falls outside your records retention policies. - Flag non-compliant files and log their locations. Litigation Hold - AD ediscovery has built-in, full-function litigation hold capabilities. - Send notifications, track the receipt of notifications, and adjust lit hold criteria over time and more. - Include questions and standard documentation with your notifications. - Wizard-driven for ease of use. Identification / Early Case Assessment - See what the results of a search will be before you actually begin to collect. - Case assessment reports provide critical metrics like data type, volume and location to help you quickly understand the universe of potentially responsive ESI.! Preservation & Collection - Collect only relevant data from shared resources or all custodian-created data as you choose, using advanced searching and filtering options. - Create native PSTs and NSFs from servers. - Perform incremental collections to only collect data that has changed from a previous collection. - Reuse previously executed collections and associate them with multiple matters. - Search and collect from custodians, regardless of whether are they logged in to a corporate network or using public WiFi. Analysis / First-Pass Review - User friendly web interface with native file review is easy to learn and supports collaboration. - Advanced search with hit highlighting allows you to quickly find what you re looking for. - Cull data using filters such as custodian, data source, document metadata and document type. - Display s as discussion threads with all related messages in chronological order. - Produce responsive documents and in native format or an AD1 forensic archive, organized by custodian or as a single instance. - Generate load files for export to popular third-party review tools, including Summation, Concordance, EDRM XML, Ringtail, iconect and Introspect. - Rolling production support enables batch production throughout life of case.! Disclosure DID YOU KNOW? You can search for and collect data from laptops, desktops, shares, servers, databases and more than 30 structured data repositories then review and produce without having to use multiple tools.

5 AD ediscovery Feature Highlights Wizard-driven interface walks you through each step in the process, from identification to disclosure. Anybody can work with the technology without having to pay for extensive training or prolonged onsite support engagements. Matter Templates allow you to define a set of required and optional fields that should be part of every matter. Collection Templates make it easy to ensure consistency across all your collections. Dynamic Locality and Smart Restart: as custodians move around collections are re-routed to optimal collection points, and the operation automatically restarts from wherever it left off. Any data that has been altered since the last attempt is collected. Achieve unsurpassed speed with distributed processing. Fourth-generation web-based Silverlight review platform delivers cutting-edge analytics and collaborative review of ESI. Automatic data categorization and classification per custodian or across the entire matter. Tagging/Labeling Options enable custom and bulk tagging Express Export enables automated collection, processing, culling and export with no user involvement, and AD ediscovery will provide in-depth inclusion/exclusion reporting. Detailed logging and extensive reporting of all activity for chain of custody and auditing purposes. Comprehensive reports include: Matter Summary, Matter Status, File Breakout and Processing Exception, Collection Summary, Deduplication and more. discussion threads show all related messages in chronological order, including replies, forwards and carbon copies, so you can see exactly who is involved in an issue and what they knew. Hit highlighting in files, s and attachments allows you to quickly find what you re looking for without having to read every single word. View hit highlights in 400+ different data types, in both natural and text view. Faceted Search filter, built during processing, provides a quick understanding of case facts Advanced review interface for expedient culling and improved workflow!!

6 AccessData s Tools for Review & Trial Preparation Whether you are a Federal Prosecutor, a District Attorney, private Criminal Defense Attorney or court appointed Public Defender, our Summation line of products and services allows you to organize your electronic evidence to effectively execute your case. AccessData understands that a criminal matter is not the same as a civil litigation. Summation iblaze & Enterprise: A Robust Desktop or Network-Based Solution Attorney Designed allowing for an attorney driven management and review. Flexible Workflow for a customized review. Powerful searching which can be used against the entire case or limited data sets. Easy Import and Export of Data accommodating many document types and load files. Case Organizer which builds your case from the case up. Chronology of Events and People Organizer allows you to manage a timeline and witnesses Editable and customizable view of document data Image or Near Native Viewer open automatically depending on document type Simple issue tagging by document or in bulk

7 CaseVantage: A User-Friendly Web-Based Platform Easy-to-use interface suitable for Attorneys not familiar with review platforms (though feature rich!) Secure, Granular Permissions for document sets, review folder, notes, highlighting and system features Flexible Workflow allowing for a customized review Powerful searching that can be used against the entire case or limited data sets. Faceted search, Boolean search, concept search, fuzzy search, etc. are available. Threading clusters conversations and threads together Tagging Discrepancy Dashboard audits tagging differentials Near-Duplicate Analysis clumps similar documents together and uses a side by side comparison to identify document differences/similarities Near Native Viewer with Persistent Highlighting Case Level Note Sharing System Multi-Defendant Motion Service Comprehensive searching tools, including faceted search, Boolean, Concept Search Grid View search Results with sortable fields. Allows for Chronological Review, etc.

8 Summation Litigation Support Services Since many Federal agencies and defense teams do not have the internal resources to handle large electronic discovery matters, AccessData s Summation Litigation Support Services can assist. You provide us the data, we do all the work including Data Processing Scanning Coding OCR More About our Hosted Solution;; CaseVantage Managed Review All cases and documents accessed via the web o Need only a computer, internet connection and web browser to access cases We process, load and code data for you Dedicated Project Manager o PM Oversees, coordinates, and tracks project progress and workflow including final quality control. o PM communicates frequently and with full awareness of case context. o 24/7 access to PM is guaranteed. o Cost of PM service is included. Simple, Predictable Pricing Multi-Defendant Security and Administration 2011 AccessData, Inc. All Rights Reserved. AccessData, Forensic Toolkit, FTK and Summation are registered trademarks owned by AccessData in the United States and other jurisdictions and may not be used without prior written permission. All other marks and brands may be claimed as the property of their respective owners

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