Electronically Stored Information: Focus on Review and Strategies

Size: px
Start display at page:

Download "Electronically Stored Information: Focus on Review and Strategies"

Transcription

1 Procrastinators Programs SM Electronically Stored Information: Focus on Review and Strategies Gavin Manes, Ph.D., Avansic Course Number: Hour of CLE December 20, :20 12:20 p.m.

2 Gavin W. Manes, Ph.D. Chief Executive Officer (918) Gavin W. Manes, a nationally recognized expert in digital forensics, founded Avansic in 2004 to provide e-discovery services to an ever-increasing number of members in the business and legal communities looking to protect their companies and clients from exploitation. As Chief Executive Officer of Avansic, Manes ensures the efficiency of the company, as well as the fulfillment of the mission in conjunction with business development and expansion into new service areas. Manes holds five National Information Assurance Education and Training Program federal information assurance certifications from the Committee on National Security Systems and the National Security Telecommunications and Information Systems Security Committee. He also earned his Certified Information System Security Professional certificate ISC2. In addition, he briefed the White House, National Security Council and the Pentagon on information security. Manes has served as an expert witness for many legal proceedings through courtroom testimony, depositions and consulting with attorneys on data preservation issues. To maintain his expert standing, Dr. Manes continues to publish in peer-reviewed journals, present at a variety of conferences and symposia, and give classroom lectures at universities. His full curriculum vitae CV can be found here

3 ESI: Focus on Review and Production Strategies Dr. Gavin W. Manes, President and CEO

4 About Us Avansic E-discovery and digital forensics company founded in 2004 by Dr. Gavin W. Manes, former Computer Science professor Scientific approach to ESI processing Strong background in academics and research Based in Tulsa, OK with numerous regional offices Gavin W. Manes, Ph.D. President and CEO Nationally recognized expert in e-discovery and digital forensics Frequently published in peer-reviewed journals, magazines, and proceedings Presents to attorneys and professional organizations Serves as an expert witness Intro Template

5 Agenda The Problem The Challenge Solutions Intro Template

6 The Problem Too much ESI Any type of ESI Files s Application Data Other Sources of ESI Computers, tablets, thumb drives, cell phones, ipods Digital cameras, faxes, printers, automobiles Intro Template

7 Communication and Vocabulary Good communication is critical jargon is dangerous Technical terms can be defined MANY different ways Intro Template

8 ESI Rules FRCP Rules Discoverable documents Planning for discovery Exchange protocols Burden and cost State rules 2/3 states have rules Case law Intro Template

9 Reactions Intro Template

10 Key Decisions Zubulake v. UBS Warburg (2004) landmark case Victor Stanley, Inc. v Creative Pipe, Inc. (2005) - $1M in sanctions and jail US v. O Keefe Equity Analytics Mancia v. Mayflower Pension Committee - defining the litigation hold Intro Template

11 A Solution Litigation habits and customs learned in the days of paper must be revisited and revised. The culture of bench and bar must adjust. - Hon. Lee Rosenthal US District Court for the Southern District of Texas, Chair of the Standing Committee on Rules of the Judicial Conference Intro Template

12 ESI Processing Intro Template

13 Production Format Native files, TIFF, PDF Loadfile for common review software Delivery Online (repository or secure file transfer) DVDs or hard drives Focus on Production and Searching 11

14 Production Tips Requesting party must specify during the pretrial conference Difficult to change once the process has begun If native files are requested, can mean acquiring entire computers The end of processing is the wrong time to decide production format If you ve reviewed TIFF and they asked for native file, you may have to review again Maintain a copy of what you produce Includes labeling, chain of custody, and storage How long? Focus on Production and Searching 12

15 Page Counts Document Type Average Pages/Doc Average Pages/GB Average Pages/MB Microsoft Word files 8 64, files , Microsoft Excel files , Lotus files , Microsoft PowerPoint files 14 17, Text Files , Image Files , Focus on Production and Searching 13

16 Document Review Most expensive part of e-discovery Most time consuming part of litigation Before you begin, answer: What? Who? How? Focus on Production and Searching 14

17 Review: What What document types will be reviewed? What document volume will be reviewed? What am I trying to find? Responsive documents to produce to opposing counsel Privilege or confidential The Smoking Gun Focus on Production and Searching 15

18 Review: Who Who will do the review? How many reviewers are needed? What skillset do those reviewers need? Who will validate the review? Quality control Who will receive the results of the review? Your litigation team Expert witnesses Opposing counsel Focus on Production and Searching 16

19 Review: How How will we identify documents of interest? Search Custodian Concept How will we organize documents? Tagging and coding Foldering Focus on Production and Searching 17

20 Review: How How to share documents? Shipping boxes Internal systems Collaborative online review How will we manage the project? Churn and burn (paper) Linear review line by line (electronic) Managed review focused on project management and advanced strategies (batching, search filtering, etc.) Focus on Production and Searching 18

21 Paper vs. Electronic Paper Review Limited options Read everything Difficult to organize larger sets Electronic Review Several options (in-house, hosted online ) Ideal for medium to large document sets Using the platform correctly can create huge efficiencies Project management Collaboration Focus on Production and Searching 19

22 Electronic Review Features Scalability No limit on data or users Quickly add data or users User-level feature security Granular security administration Several types of users Avoid the all or nothing mentality Focus on Production and Searching 20

23 Online Review Features (continued) Collaboration Maintained within the system Searchable Tracking features Reports Project Management Task level reporting User level reporting User assignment Project metrics reporting Focus on Production and Searching 21

24 Search During Review Most review tools offer strong search features to refine and reduce the data during review Simple searching (easy) Relational searching (difficult) Contextual searching (complex) Concept searching (next generation) Focus on Production and Searching 22

25 Language of Searches Searches are written in their own unique languages (syntax) Boolean Operators Context and Proximity Operators Relational Operators These operators allow for complex search combinations Focus on Production and Searching 23

26 Search Syntax Different review tools use different search syntax Some let you use & or + for and ADJ is also known as w\1 Not is also known as > or < or! % and Like often mean same Focus on Production and Searching 24

27 White Space and Noise Words Noise words Common words excluded from indexing in search or review tools In exact phrase searches, these words are treated as white space and not included in hit results it appears likely that a letter of credit is needed = appears ADJ1 likely ADJ2 letter ADJ1 credit ADJ1 needed Focus on Production and Searching 25

28 Concept Searching Searching documents based on what they are about Language algorithms read the concept of a document Find related documents that don t contain the actual search terms Used correctly, you can quickly get to the core documents you want to review first Focus on Production and Searching 26

29 Clustering Tool types Black box More like this or find similar Widely-known algorithms Potential Workflows Filter, then cluster, review sample set based on those clusters, then apply that sample set coding to the remainder of the set Send small data set through clustering to determine search terms And more. When is it useful? With or without online review component Cases with 10,000+ documents Focus on Production and Searching 27

30 TAR not HAL Technology Assisted Review Predictive coding Is it ethical to avoid technology to reduce review? Huge document sets NARA case: 200+ million government s BP case: 1+ billion pages Focus on Production and Searching 28

31 De-Dupe vs. Near-Dupe De-duplication removes exact copies from the review set using scientific means Files: use a hash to determine if two documents are the same s: combination of data elements (metadata) or a unique identifier from the e- mail server Near-duplication (near-dupe) groups documents by context Compares the body of a document and accepts minor differences Identify like documents for review Should not be used to automatically eliminate Focus on Production and Searching 29

32 Threading A collection of s that all originate from the same initial Includes all forwards, replies, CC s and BCC s Focus on Production and Searching 30

33 Conclusion Plan ahead for both production and review Reasonable expectations for turnaround Project management is key Save time and money Eliminate duplicate review Use technology to your advantage Sophisticated software exists Used properly, it can ease the burden of e-discovery Focus on Production and Searching 31

34 avansic.com Corporate Office Mid-Continent Tower, Suite South Boston Avenue Tulsa, OK Gavin W. Manes, Ph.D. Focus on Production and Searching 32

ESI: Focus on Review and Production Strategy. Meredith Lee, Online Document Review Supervisor, Paralegal

ESI: Focus on Review and Production Strategy. Meredith Lee, Online Document Review Supervisor, Paralegal ESI: Focus on Review and Production Strategy Meredith Lee, Online Document Review Supervisor, Paralegal About Us Avansic E-discovery and digital forensics company founded in 2004 by Dr. Gavin W. Manes,

More information

Digital Security. Dr. Gavin W. Manes, Chief Executive Officer

Digital Security. Dr. Gavin W. Manes, Chief Executive Officer Dr. Gavin W. Manes, Chief Executive Officer About Us Avansic E-discovery and digital forensics company founded in 2004 by Dr. Gavin W. Manes, former Computer Science professor Scientific approach to ESI

More information

Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013

Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013 MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. kburke@xactdatadiscovery.com Scott Polus, Director of Forensic Services spolus@xactdatadiscovery.com 1 Where Do I Start??

More information

E- Discovery in Criminal Law

E- Discovery in Criminal Law E- Discovery in Criminal Law ! An e-discovery Solution for the Criminal Context Criminal lawyers often lack formal procedures to guide them through preservation, collection and analysis of electronically

More information

Best Practices: Defensibly Collecting, Reviewing, and Producing Email

Best Practices: Defensibly Collecting, Reviewing, and Producing Email Best Practices: Defensibly Collecting, Reviewing, and Producing Email October 9, 2014 Karsten Weber Principal, Lexbe LC ediscovery Webinar Series Info & Future Takes Place Monthly Cover a Variety of Relevant

More information

for Insurance Claims Professionals

for Insurance Claims Professionals A Practical Guide to Understanding ediscovery for Insurance Claims Professionals ediscovery Defined and its Relationship to an Insurance Claim Simply put, ediscovery (or Electronic Discovery) refers to

More information

Discovery Data Management

Discovery Data Management Discovery Data Management in Practice Introductions Reveal Derick Roselli 949-280-3519 droselli@revealdata.com www.revealdata.com Program Outline Pre-Planning Stages Workflow Management Project Management

More information

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

Stu Van Dusen Marketing Manager, Lexbe LC. September 18, 2014 Best Practices: Litigation Document Management Applying The Latest Lexbe ediscovery Platform Features and Functionality for Fast and Collaborative Reviews and Productions September 18, 2014 Stu Van Dusen

More information

www.salixdata.com 513-381-2679

www.salixdata.com 513-381-2679 Electronic Discovery Presented by: Jonathan Adams www.salixdata.com 513-381-2679 Our Goal Explain E-Discovery in layman s terms Equip you to be able to add value to your organization SALIX is the region

More information

APPENDIX B TO REQUEST FOR PROPOSALS

APPENDIX B TO REQUEST FOR PROPOSALS Overview and Instructions APPENDIX B The service provider s responsibilities will include the following: (A) Processing of ESI produced to CTAG in a variety of file formats; (B) Hosting ESI produced to

More information

E-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments

E-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments E-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments Andres De Aguero, Senior Lead, Deloitte Consulting LLP David F. Axelrod, Director, Deloitte

More information

Electronic Discovery

Electronic Discovery Electronic Discovery e-discovery: A Primer Mauricio Perry, CRM, CEDS Mauricio Perry, CEDS, CRM 1 Disclaimer I am not a lawyer The ideas exposed here are not to be construed as legal advice but are educational

More information

In-House Solutions to the E-Discovery Conundrum

In-House Solutions to the E-Discovery Conundrum 125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION

More information

2011 Winston & Strawn LLP

2011 Winston & Strawn LLP Today s elunch Presenters John Rosenthal Litigation Washington, D.C. JRosenthal@winston.com Scott Cohen Director of E Discovery Support Services New York SCohen@winston.com 2 What Was Advertised Effective

More information

It s All About the Deadline:

It s All About the Deadline: White Paper It s All About the Deadline: Overcoming the four key challenges of ediscovery to help control attorney review costs. Ken Reiff Vice President, Business Development Xerox Litigation Services

More information

Reducing the Cost of ediscovery in Today s Economic Climate. risk of ediscovery

Reducing the Cost of ediscovery in Today s Economic Climate. risk of ediscovery Reducing the Cost of ediscovery in Today s Economic Climate Strategies for reducing the cost and Strategies for reducing the cost and risk of ediscovery The 2009 Corporate ediscovery Challenge Corporate

More information

Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KYLE ALEXANDER, and DYLAN SYMINGTON, on behalf of themselves and all those

More information

What Am I Looking At? Andy Kass

What Am I Looking At? Andy Kass Concordance Tip Sheet August 2013 What Am I Looking At? Andy Kass Discovery is the process of requesting, producing and gleaning documents to substantiate assertions of fact in a case. Review is a deep,

More information

Best Practices in Electronic Record Retention

Best Practices in Electronic Record Retention I. Some Key Considerations In Whether To Engage An E-Discovery Vendor (Or Vendors) A. It is difficult to decide whether to retain a vendor if you don t know what your organization can do and at what cost.

More information

E-Discovery Best Practices

E-Discovery Best Practices José Ramón González-Magaz jrgonzalez@steptoe.com E-Discovery Best Practices www.steptoe.com November 10, 2010 Importance of E-Discovery 92% of all data is ESI. Source: Berkeley Study. 97 billion e-mails

More information

KPMG Forensic Technology Services

KPMG Forensic Technology Services KPMG Forensic Technology Services Managing Costs in e-discoverye October 14, 2010 1 Agenda: Strategies to Manage Costs in e-discovery Pre-collection Strategies Filtering Strategies Review and Production

More information

E-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery?

E-Discovery Basics For the RIM Professional. Learning Objectives 5/18/2015. What is Electronic Discovery? E-Discovery Basics For the RIM Professional By: Andy Sokol, CEDS, CSDS Adding A New Service Offering For Your Legal & Corporate Clients Learning Objectives What is Electronic Discovery? How Does E-Discovery

More information

Viewpoint ediscovery Services

Viewpoint ediscovery Services Xerox Legal Services Viewpoint ediscovery Platform Technical Brief Viewpoint ediscovery Services Viewpoint by Xerox delivers a flexible approach to ediscovery designed to help you manage your litigation,

More information

E-Discovery for Paralegals: Definition, Application and FRCP Changes. April 27, 2007 IPE Seminar

E-Discovery for Paralegals: Definition, Application and FRCP Changes. April 27, 2007 IPE Seminar E-Discovery for Paralegals: Definition, Application and FRCP Changes April 27, 2007 IPE Seminar Initial Disclosures ESI Electronically Stored Information FRCP 26(a)(1)(B) all ESI must be disclosed initially

More information

Clearwell Legal ediscovery Solution

Clearwell Legal ediscovery Solution SOLUTION BRIEF: CLEARWELL LEGAL ediscovery SOLUTION Solution Brief Clearwell Legal ediscovery Solution The Challenge: Months Delay in Ascertaining Case Facts and Determining Case Strategy, High Cost of

More information

Enhancing Document Review Efficiency with OmniX

Enhancing Document Review Efficiency with OmniX Xerox Litigation Services OmniX Platform Review Technical Brief Enhancing Document Review Efficiency with OmniX Xerox Litigation Services delivers a flexible suite of end-to-end technology-driven services,

More information

Ethics and ediscovery

Ethics and ediscovery Ethics and ediscovery John Mansfield and Devon Newman January 6, 2012 1 2013, MansfieldLaw ediscovery basics We will cover: Preservation and spoliation Searching and producing documents Supervising lawyers

More information

What You Should Know About ediscovery

What You Should Know About ediscovery KPMG FORENSIC What You Should Know About ediscovery By Pamela Quintero February 18, 2009 What Guidelines Are Available? The Sedona Canada Principles Working Group 7 (WG7) The purpose and intent of the

More information

Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e

Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e Ba k e Offs, De m o s & Kicking t h e Ti r e s: A Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e Assessment So f t wa r e & Search & Review Tools Ronni D. Solomon, King

More information

The Business Case for ECA

The Business Case for ECA ! AccessData Group The Business Case for ECA White Paper TABLE OF CONTENTS Introduction... 1 What is ECA?... 1 ECA as a Process... 2 ECA as a Software Process... 2 AccessData ECA... 3 What Does This Mean

More information

ARCHIVING FOR EXCHANGE 2013

ARCHIVING FOR EXCHANGE 2013 White Paper ARCHIVING FOR EXCHANGE 2013 A Comparison with EMC SourceOne Email Management Abstract Exchange 2013 is the latest release of Microsoft s flagship email application and as such promises to deliver

More information

EnCase ediscovery. Automatically search, identify, collect, preserve, and process electronically stored information across the network.

EnCase ediscovery. Automatically search, identify, collect, preserve, and process electronically stored information across the network. TM GUIDANCE SOFTWARE EnCASE ediscovery EnCase ediscovery Automatically search, identify, collect, preserve, and process electronically stored information across the network. GUIDANCE SOFTWARE EnCASE ediscovery

More information

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY 2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,

More information

Sample Electronic Discovery Request for Proposal

Sample Electronic Discovery Request for Proposal [COMPANY LOGO] Sample Electronic Discovery Request for Proposal Table of Contents OVERVIEW... 3 IMPORTANT CONSIDERATIONS FOR VENDOR SELECTION... 3 SECTION A: COMPANY PROFILE... 4 SECTION B: SCHEDULE &

More information

Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners

Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners INTRODUCTION Virtually all modern discovery involves electronically stored information (ESI). The production and

More information

Presented By: Attorney/Legal Technologist Cosgrave Vergeer Kester LLP. Paine Hamblen LLP 805 SW Broadway, 8 th Floor

Presented By: Attorney/Legal Technologist Cosgrave Vergeer Kester LLP. Paine Hamblen LLP 805 SW Broadway, 8 th Floor Everything You Wanted to Know About ESI and E-Discovery but Were Afraid to Ask Jason M. Pistacchio Presented By: Gregory S. Johnson Attorney Attorney/Legal Technologist Cosgrave Vergeer Kester LLP Paine

More information

AccessData Corporation. No More Load Files. Integrating AD ediscovery and Summation to Eliminate Moving Data Between Litigation Support Products

AccessData Corporation. No More Load Files. Integrating AD ediscovery and Summation to Eliminate Moving Data Between Litigation Support Products AccessData Corporation No More Load Files Integrating ediscovery and Summation to Eliminate Moving Data Between Litigation Support Products White Paper August 2010 TABLE OF CONTENTS Introduction... 1 The

More information

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI Making Sense of E-Discovery: 10 Plain Steps for Producing ESI The following article provides a practical guide to producing electronically stored information (ESI) that lawyers can apply immediately in

More information

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014 COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the

More information

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have

More information

Digital Forensics, ediscovery and Electronic Evidence

Digital Forensics, ediscovery and Electronic Evidence Digital Forensics, ediscovery and Electronic Evidence By Digital Forensics What Is It? Forensics is the use of science and technology to investigate and establish facts in a court of law. Digital forensics

More information

Best Practices: Litigation Timelining

Best Practices: Litigation Timelining Best Practices: Litigation Timelining Early Case Analysis, Witness Prep and Cross, Motion Practice & More August 28, 2014 Gene Albert Principal, Lexbe LC ediscovery Webinar Series Info Takes Place Monthly

More information

General Items Of Thought

General Items Of Thought ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake

More information

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds BOOK RELEASE FOR IMMEDIATE RELEASE Media Contact: Michael Arkfeld Law Partner Publishing, LLC Ph: 602.993.1937 May, 3, 2010 Email: service@lawpartnerpublishing.com Arkfeld on Electronic Discovery and Evidence:

More information

ediscovery Software Buyer s Guide FOR SMALL LAW FIRMS

ediscovery Software Buyer s Guide FOR SMALL LAW FIRMS ediscovery Software Buyer s Guide FOR SMALL LAW FIRMS NE X TPOINT.C O M @NE X TPOINT Aided by the sensible use of technology, small firms should no longer be averse to taking on big cases or processing

More information

DIGITAL FORENSIC TECHNOLOGY SEE BEYOND THE NUMBERS

DIGITAL FORENSIC TECHNOLOGY SEE BEYOND THE NUMBERS DIGITAL FORENSIC TECHNOLOGY Key Terms and Definitions Forensic Technology e-discovery Computer Forensics Data Analysis / Data Mining FRCP - Revised Key Terms and Definitions Forensic Technology - The application

More information

Reviewing Review Under EDRM Andy Kass

Reviewing Review Under EDRM Andy Kass Concordance Tip Sheet January 2012 Reviewing Review Under EDRM Andy Kass Attentive readers of this series may recall that, back in July 2011, I addressed setting up and running a Linear Review in Concordance,

More information

The ediscovery Balancing Act

The ediscovery Balancing Act WHITE PAPER: THE ediscovery BALANCING ACT The ediscovery Balancing Act Striking the Right Mix of In-House and Outsourced Expertise The ediscovery Balancing Act Contents Introduction...........................................

More information

Litigation Support. Learn How to Talk the Talk. solutions. Document management

Litigation Support. Learn How to Talk the Talk. solutions. Document management Document management solutions Litigation Support glossary of Terms Learn How to Talk the Talk Covering litigation support from A to Z. Designed to help you come up to speed quickly on key terms and concepts,

More information

PICTERA. What Is Intell1gent One? Created by the clients, for the clients SOLUTIONS

PICTERA. What Is Intell1gent One? Created by the clients, for the clients SOLUTIONS PICTERA SOLUTIONS An What Is Intell1gent One? Created by the clients, for the clients This white paper discusses: Understanding How Intell1gent One Saves Time and Money Using Intell1gent One to Save Money

More information

Considering Third Generation ediscovery? Two Approaches for Evaluating ediscovery Offerings

Considering Third Generation ediscovery? Two Approaches for Evaluating ediscovery Offerings Considering Third Generation ediscovery? Two Approaches for Evaluating ediscovery Offerings Developed by Orange Legal Technologies, Providers of the OneO Discovery Platform. Considering Third Generation

More information

HOW TO BECOME AN ESI HERO

HOW TO BECOME AN ESI HERO HOW TO BECOME AN ESI HERO taking the mystery out of ediscovery www.fxhnd.com info@fxhnd.com Electronically Stored Information Boo! But why do I have to learn about all this technology? It s how we communicate

More information

Veritas ediscovery Platform

Veritas ediscovery Platform TM Veritas ediscovery Platform Overview The is the leading enterprise ediscovery solution that enables enterprises, governments, and law firms to manage legal, regulatory, and investigative matters using

More information

Five Steps to Ensure a Technically Accurate Document Production

Five Steps to Ensure a Technically Accurate Document Production Five Steps to Ensure a Technically Accurate Document Production by Elwood Clark Lawyers spend a lot of time focusing on the legal aspects of a document production, including properly defining the scope

More information

ELECTRONIC DISCOVERY. Dawn M. Curry

ELECTRONIC DISCOVERY. Dawn M. Curry ELECTRONIC DISCOVERY Dawn M. Curry Nutter McClennen & Fish LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts 02210 Telephone 617.439.2000 www.nutter.com E-Discovery Facts 93-99% of

More information

Social Media. e-discovery and Litigation Issues in the Advanced Age of Technology. September 26-29, 2010 ACI-NA 19 th Annual Conference and Exhibition

Social Media. e-discovery and Litigation Issues in the Advanced Age of Technology. September 26-29, 2010 ACI-NA 19 th Annual Conference and Exhibition Social Media and Litigation Issues in the Advanced Age of Technology TOPIC When Worlds Collide Litigation 3 1 Social Media 2 EARLY ESI MANAGEMENT Kircoska v. United States (circa 1970) Request for Production

More information

electronic discovery requests

electronic discovery requests Making and responding to electronic discovery requests By Martin Felsky and Peg Duncan One of the significant impacts of electronic discovery on litigation is the way in which it reconfigures the adversarial

More information

Symantec ediscovery Platform, powered by Clearwell

Symantec ediscovery Platform, powered by Clearwell Symantec ediscovery Platform, powered by Clearwell Data Sheet: Archiving and ediscovery The brings transparency and control to the electronic discovery process. From collection to production, our workflow

More information

Electronic Discovery: Litigation Holds, Data Preservation and Production

Electronic Discovery: Litigation Holds, Data Preservation and Production Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal

More information

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Panel Members Judge Ronald L. Buch, Moderator Panelists The Honorable Paul W. Grimm U.S. District Court for

More information

Only 1% of that data has preservation requirements Only 5% has regulatory requirements Only 34% is active and useful

Only 1% of that data has preservation requirements Only 5% has regulatory requirements Only 34% is active and useful Page 1 LMG GROUP vs. THE BIG DATA TIDAL WAVE Recognizing that corporations, law firms and government entities are faced with tough questions in today s business climate, LMG Group LLC ( LMG Group ) has

More information

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Who should read this paper Predictive coding is one of the most promising technologies to reduce the high cost of review by

More information

Proactive Data Management for ediscovery

Proactive Data Management for ediscovery Proactive Data Management for ediscovery Simon Taylor Snr. Director Information Management CommVault Systems Inc. Why ediscovery sucks for IT The US Federal Rules of Civil Procedure Rule 34(a), (b) Definition

More information

Integration of E-Discovery and FOIA

Integration of E-Discovery and FOIA Integration of E-Discovery and FOIA April 4, 2013 Tom Kennedy Director, Symantec Archiving and E-Discovery Team Digital Government Institute s E-Discovery, Records & Information Management Conference,

More information

Data Sheet: Archiving Symantec Enterprise Vault Discovery Accelerator Accelerate e-discovery and simplify review

Data Sheet: Archiving Symantec Enterprise Vault Discovery Accelerator Accelerate e-discovery and simplify review Accelerate e-discovery and simplify review Overview provides IT/Legal liaisons, investigators, lawyers, paralegals and HR professionals the ability to search, preserve and review information across the

More information

Whitepaper: Enterprise Vault Discovery Accelerator and Clearwell A Comparison August 2012

Whitepaper: Enterprise Vault Discovery Accelerator and Clearwell A Comparison August 2012 888.427.5505 Whitepaper: Enterprise Vault Discovery Accelerator and Clearwell A Comparison August 2012 Prepared by Dan Levine, Principal Engineer & Miguel Ortiz, Esq., ediscovery Specialist Globanet 15233

More information

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow WHITE PAPER: PREDICTIVE CODING DEFENSIBILITY........................................ Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Who should read this paper Predictive

More information

Portable. Harvester 4.0 has Arrived!! POWERFUL E-DISCOVERY COLLECTION SOFTWARE SEARCH AND COLLECT DISCOVERABLE DOCUMENTS AND EMAIL HARVESTER FEATURES

Portable. Harvester 4.0 has Arrived!! POWERFUL E-DISCOVERY COLLECTION SOFTWARE SEARCH AND COLLECT DISCOVERABLE DOCUMENTS AND EMAIL HARVESTER FEATURES Portable Defensible Automated E-Discovery Collection Harvester 4.0 has Arrived!! SEARCH AND COLLECT DISCOVERABLE DOCUMENTS AND EMAIL Incomplete and undocumented electronic discovery collections occur every

More information

ediscovery Solutions

ediscovery Solutions The Radicati Group, Inc. www.radicati.com ediscovery Solutions A Radicati Group, Inc. Webconference The Radicati Group, Inc. Copyright November 2010, Reproduction Prohibited 9:30 am, PT November 4, 2010

More information

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia

More information

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Electronic Record Retention and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Agenda What is all this ediscovery buzz? Email is major focus of ESI Impact of New FRCP rules

More information

ACADEMIC AFFAIRS COUNCIL ******************************************************************************

ACADEMIC AFFAIRS COUNCIL ****************************************************************************** ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management

More information

Electronic Discovery & Digital Forensics

Electronic Discovery & Digital Forensics Electronic Discovery & Digital Forensics Robert Schperberg New Federal Rule of Civil Procedures Also Known As FRCP Defining FRCP and ESI New Federal Rules of Civil Procedures was enacted December 1 st,

More information

Document Storage Tips: Inside the Email Vault

Document Storage Tips: Inside the Email Vault Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Document Storage Tips: Inside the Email Vault Law360,

More information

Taming Big Data ediscovery. Ten Tips to Avoid be Byten by Big Data in Your Case

Taming Big Data ediscovery. Ten Tips to Avoid be Byten by Big Data in Your Case Taming Big Data ediscovery Ten Tips to Avoid be Byten by Big Data in Your Case Presented at the University of Texas 27th Annual Technology Law Conference May 22, 2014 Austin, Texas Gene Albert Principal,

More information

Electronic Discovery and Disclosure:

Electronic Discovery and Disclosure: Electronic Discovery and Disclosure: Managing & Producing Electronic Information Washington State Office of the Attorney General 1 Overview of Presentation EDD (Electronic Discovery and Disclosure) ESI

More information

E-Discovery for Backup Tapes. How Technology Is Easing the Burden

E-Discovery for Backup Tapes. How Technology Is Easing the Burden E-Discovery for Backup Tapes How Technology Is Easing the Burden TABLE OF CONTENTS Introduction...3 The Importance and Challenge of Backup Tapes for Electronic Discovery...3 TAPES AS A SOURCE OF ESI...

More information

On the Trail of the Craigslist Killer: A Case Study in Digital Forensics

On the Trail of the Craigslist Killer: A Case Study in Digital Forensics On the Trail of the Craigslist Killer: A Case Study in Digital Forensics Presenters: Sharon Nelson and John Simek President and Vice President, Sensei Enterprises www.senseient.com snelson@senseient.com;

More information

www.istdiscover-e.com

www.istdiscover-e.com www.istdiscover-e.com who is IST? IST ediscovery provides a full range of on-site litigation support and off-site ediscovery services that will take you from Early Case Assessment (ECA) through hosted

More information

Redefining High Speed ediscovery Processing & Production

Redefining High Speed ediscovery Processing & Production Redefining High Speed ediscovery Processing & Production Conversion of the EDRM Enron Dataset from Natives to TIFF images in 5.3 hours (23 Million pages/day rate) using the Lexbe ediscovery Processing

More information

Making reviews more consistent and efficient.

Making reviews more consistent and efficient. Making reviews more consistent and efficient. PREDICTIVE CODING AND ADVANCED ANALYTICS Predictive coding although yet to take hold with the enthusiasm initially anticipated is still considered by many

More information

Predictability in E-Discovery

Predictability in E-Discovery Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski

More information

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM PROPOSED PRINCIPLES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION Sean M. Hendricks, J.D. Client Services Manager (312) 893-7321 / shendricks@forensicon.com

More information

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

Best Practices: Cloud ediscovery Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure June 11, 2015 Stu Van Dusen Lexbe LC ediscovery Webinar Series Info Future Takes Place Monthly Cover a Variety of Relevant

More information

DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP

DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP Presented by Frank H. Gassler, Esq. Written by Jeffrey M. James, Esq. Over the last few years,

More information

Amendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents

Amendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents Amendments to Federal Rules of Civil Procedure Electronic Discovery effective Dec. 1, 2006 Copyright David A. Devine GROH EGGERS, LLC Rules amended: 16, 26, 33, 34, 37 & 45 Sources of information: Rules

More information

IBM ediscovery Identification and Collection

IBM ediscovery Identification and Collection IBM ediscovery Identification and Collection Turning unstructured data into relevant data for intelligent ediscovery Highlights Analyze data in-place with detailed data explorers to gain insight into data

More information

State of Michigan Records Management Services. Guide to E mail Storage Options

State of Michigan Records Management Services. Guide to E mail Storage Options State of Michigan Records Management Services Guide to E mail Storage Options E mail is a fast, efficient and cost effective means for communicating and sharing information. However, e mail software is

More information

For Your ediscovery... Software

For Your ediscovery... Software For Your ediscovery... Software is not enough Leading Provider of Investigatory and Litigation Support Services for Corporations, Government Agencies and Am Law Firms Worldwide Our People Make the Difference

More information

INDEX. OutIndex Services...2. Collection Assistance...2. ESI Processing & Production Services...2. Computer-Based Language Translation...

INDEX. OutIndex Services...2. Collection Assistance...2. ESI Processing & Production Services...2. Computer-Based Language Translation... SERVICES INDEX OutIndex Services...2 Collection Assistance...2 ESI Processing & Production Services...2 Computer-Based Language Translation...3 OutIndex E-Discovery Deployment & Installation Consulting...3

More information

LexisNexis Concordance Evolution Amazing speed plus LAW PreDiscovery and LexisNexis Near Dupe integration

LexisNexis Concordance Evolution Amazing speed plus LAW PreDiscovery and LexisNexis Near Dupe integration LexisNexis Concordance Evolution Amazing speed plus LAW PreDiscovery and LexisNexis Near Dupe integration LexisNexis is committed to developing new and better Concordance Evolution capabilities. All based

More information

GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION

GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Experience increasingly demonstrates that discovery of electronically stored information ( ESI poses challenges

More information

This Webcast Will Begin Shortly

This Webcast Will Begin Shortly This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: accwebcast@commpartners.com Thank You! Welcome! Electronic Data

More information

Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES

Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES Book Review THE ELECTRONIC EVIDENCE AND DISCOVERY HANDBOOK: FORMS, CHECKLISTS, AND GUIDELINES by Sharon D. Nelson, Bruce A. Olson and John W. Simek American Bar Association 2006 745 pp. Reviewed by William

More information

Simplify the e-discovery process by learning which tools to use and when to use them. CHAPTER 7. Proactive. Review tools. litigation hold tools.

Simplify the e-discovery process by learning which tools to use and when to use them. CHAPTER 7. Proactive. Review tools. litigation hold tools. THE WINDOWS MANAGER S GUIDE TO INSIDE: Reactive litigation hold tools Proactive litigation hold tools Review tools Enterprise search tools Archive systems CHAPTER Exploring e-discovery tools Simplify the

More information

A large and rapidly expanding Digital Universe

A large and rapidly expanding Digital Universe Litigation Holds and e Discovery Rules C. Allen Shaffer Bricker & Eckler LLP A large and rapidly expanding Digital Universe SOURCE: IDC, The Diverse and Exploding Digital Universe: An Updated Forecast

More information