Best Practices: Defensibly Collecting, Reviewing, and Producing

Transcription

1 Best Practices: Defensibly Collecting, Reviewing, and Producing October 9, 2014 Karsten Weber 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 If you have any questions or technical issues, please them to webinars@lexbe.com

3 ediscovery Webinar Series About Lexbe Lexbe is an Austin, TX based ediscovery software and services provider. Lexbe ediscovery Suite The Lexbe ediscovery Suite 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 project management consulting, and related ediscovery Services. Lexbe Sales sales@lexbe.com (800) x22

4 ediscovery Webinar Series Karsten Weber bio Current - Principal of Lexbe LC - Principal Architect of Lexbe ediscovery Platform and Lexbe ediscovery Services Prior Experience - Consulting Expert, Lumin Expert Group - Director of Software, nline Corporation - Software Engineering Manager, KLA-Tencor Education - MBA, University of Texas - M.S. Engineering, Danish Technical University Contact Karsten Weber karsten@lexbe.com

5 Overview The Litigation Data Lifecycle Scenario: Custodians: 10 Average GB of ESI per Custodian: 10 Total Volume of ESI: 100 GBs

6 Planning & Collection 100 GB of = ~5,000,000 pages That is the the equivalent of 1,500 bankers boxes! At 500 pages an hour, it would take 5 document review professionals an entire year to complete

7 Planning & Collection - Methodologies Self-Collection Pros: Less Expensive Cons: Defensibility concerns Potential for incomplete collection Spoliation risks Hire Others Pros: Leverages expertise Ensures defensible procedures Chain of custody reports Cons: More Expensive

8 Planning & Collection - Locations Host Servers: Servers that run the particular system will also store data Cloud-Based Servers: Increasingly individuals & organizations are storing for synchronicity between devices. Locally: s can be stored on your own computer Company Servers: Firms may store for ease of collection. Archive Files - Groups of s and their metadata can be compressed into archive files. Portable Devices: Have the ability to locally store and backup files.

9 Planning & Collection - Reports Individual chain of custody reports for each custodian document collection procedures and information about the collected ESI.

10 Early Case Analysis How much was collected? A total of 100 GB was collected from 10 different custodians. 100 GB of means ~5 million pages of to review! How many hours of review time would be necessary to go through ~5 million pages? At 500 pages an hour, it would take 5 document review professionals an entire year to complete.

11 Culling Culling decreases volume of s and increases the relevance of data hosted for review. Cull on date, custodian and keywords

12 Culling - Fielding Header Metadata Headers contain critical case evidence that can be automatically fielded by review systems for mass coding.

13 Deduplication Horizontal v. Vertical Deduplication Horizontal Deduplication: Refers to the identification and removal of duplicate s across all of the custodians within a case. Horizontal DeDup risks losing the associations between other custodians and deleted . (Best Practice) Vertical Deduplication: The identification and removal of duplicate s within each custodian s collection. Vertical DeDup maintains associations between s and all relevant custodians.

14 Processing s and their attachments are not entirely searchable as MSGs. Review systems should separate attachments from container files but maintain relationship to the parent . This should be done recursively.

15 Review Methods Linear Review Read, review, and code all s, one at a time. Keyword Search Using search keywords to identify responsive and privileged . Assisted Review Manually review a seed set of documents to train predictive coding algorithm that will automatically code the remaining documents. Generate and review control sets to evaluate the results.

16 Review - Coding Families

17 Review - Applying NearDup Group messages that have similar text representing a conversation thread by creating near duplicate groupings Benefits: View chains with similar text in date & time order. Avoid confusion of s only tangentially related (<50% text overlap). Consistently code chains for responsiveness, privilege, attorney-eyes only, etc.

18 Production Native production: (ex..msg format) Care must be taken in producing Native s to not inadvertently produce privileged information TIFF production: Compatible with Concordance and Summation review software and others. PDF production: Preferred by many for portability and security. Best Practice: Produce s converted to TIFF or PDF format (for Bates Stamping and Redaction) as well as native versions of nonprivileged attachments and s

19 Depositions & Motion Practice Associate s with fact & issue timelines to support deposition preparation and motion practice

20 Trial & Appeal Best Practices Goals Have a searchable repository at trial Maintain access to s that may be brought up by opposing counsel Dynamically updating timelines with new testimony Allow rapid timeline updating with respect to live case testimony Maintain case data and s throughout the trial and appeal process Nearline access of all throughout the trial and appeal process Case participant/ custodian information retained for later conflict checking

21 Summary The Litigation Data Lifecycle Collected 100 GBs of , total, from 10 Custodians Produced 2 GBs Processed 10GBs to reviewable format Applied Deduplication and a Cull to reduce 100 GBs of to 10 GBs Review 10 GB Depo/Trial 0.1 GBs

22 Questions and Thank You Contact Info Stu Van Dusen Marketing Manager: (512) Lexbe Sales (800) Webinar Questions