HOW TO BECOME AN ESI HERO

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1 HOW TO BECOME AN ESI HERO taking the mystery out of ediscovery

2 Electronically Stored Information Boo!

3 But why do I have to learn about all this technology?

4 It s how we communicate

5 97% of business generated data is electronic Source: Golf and Early Case Assessments A Drama. Bill Tolson, July 2011

6 Your client may not be able to produce relevant information in paper format

7 Opposing counsel may have that knowledge you lack

8 Courts are requiring ESI

9 You re no longer going to be able to conduct litigation of any complexity without understanding e-discovery." Hon. James C. Francis IV U.S. Magistrate Judge, Southern District of New York

10 However, not every judge understands the basics either; again, you can be the ESI hero ESI

11 Two ways to use ESI: Offense Defense

12 Where to start?

13 You don t have to have a CS degree

14 The ediscovery Process

15

16 Some tech terms...

17 Text While the exact amount of text data in a kilobyte (KB) or megabyte (MB) can vary depending on the nature of a document, a kilobyte can hold about half of a page of text, while a megabyte holds about 500 pages of text. Text in a digital file is converted to binary data that indicates letters and numbers through expressions of ones and zeros. Larger files hold more of this data, which in turn is the equivalent of more typed information. To help make data more accessible and simplified, groups of bits are joined into bytes; one byte is comprised of 8 bits. A set of 8 bits was chosen because this provides 256 total possibilities, which is sufficient for specifying letters, numbers, spaces, punctuation and other extended characters. This very sentence, for example is composed of 125 bytes because there are 125 letters, digits, spaces and punctuation marks. Keep in mind that this only represents pure text; some word processing programs include other sorts of formatting data, and therefore the file sizes become greater than just the number of characters in the file. A 1 byte 1 kilobyte 1 megabyte 1 gigabyte 1 terabyte

18

19 Digital Forensics aka Computer Forensics Acquisition (aka imaging) Analysis Reporting

20 Hosting - storing data and secure access

21

22 Processing Identify the data in hand Capture info Reduce Index

23 Predictive Coding aka Technology Assisted Review

24 What is it? Specialized computer programs Utilize advanced algorithms Seed documents

25 Better than simple keyword searches? The experts disagree

26 Bottom line: It is coming, but it won t make ediscovery easy

27 Review Where attorneys spend the most time

28 Digital WarRoom

29

30 Productions Delivering relevant ESI Not this kind of delivery

31 More like this

32 Productions Native versus Image or TIFF or Near-Native

33 Forensic Image of media vs. Image Production

34 Not quite the same... but, both involve making a copy

35 Native = Original Image or TIFF = Converting original to picture file Near Native = Not imaged, but not original

36 TIFF = Tagged Image File Format

37 Example of TIFF page

38 Why have different production options?

39 Some files are better kept native But native files can t be individually numbered or endorsed Redacting is problematic May require proprietary software to open

40 Imaging takes more time And, more money

41

42 The Presentation Workflow From ERDM.net

43 A few thoughts on privilege

44 The Old Way

45 The New Way

46 So, do you know enough now to be an ESI hero? ESI

47 Maybe you need a sidekick

48 ediscovery cases are more expensive but, you don t have to get ripped off

49 A trusted ESI expert can help

50 Some things that will affect the budget: How much data will there be? How many custodians? How will the data be collected? How many reviewers need to access the data? How long will collection/analysis/review take?

51 Things to ask an ediscovery provider: Do they charge per GB for any services? If so, which services? Do they provide fixed-fee bids for smaller cases? Do they measure data size before processing or after? Do they charge for data hosting? Do they charge for each user who needs access? Standby or hold rates for reviewers?

52 Useful Metrics to Help You Budget Courtesy of GGO, LLC

53 PDF/Office Other 18% 2% Custodian data 80%

54 Average review speed: 100 to 150 unique documents per hour

55 Reviewed Only about 30% of data collected is reviewed

56 Produced Between 7% and 14% of data collected is produced

57 ESI

58

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