IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION
|
|
- Peregrine Simmons
- 8 years ago
- Views:
Transcription
1 IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION REUTERS / SUHAIB SALEM Written by Kyle Sparks White paper
2 EXECUTIVE SUMMARY Data collection during ediscovery is critically important because a significant number of court sanctions are the result of inadequate or improper data collection. Here are two examples: In the case of Peerless Industries, Inc. v. Crimson AV, LLC, the plaintiff requested various documents that were held by Sycamore Manufacturing Co., Ltd., a sister company of Crimson. However, Crimson told the court that they had delegated the data collection process in this case to their vendor and they assumed that their vendor had instructed the Sycamore staff on how to collect documents, but neglected to verify that this was actually the case. Since Crimson was not able to collect the requested information and could not answer basic questions about their IT infrastructure and other key issues, the court sanctioned Crimson and ordered the company to show that they in fact searched for the requested documents and, if those documents no longer exist or cannot be located, they must specifically verify what it is they cannot produce. In Procaps S.A. v. Patheon Inc., two opinions were handed down by the court, largely in response to poor data collection practices and protocols in the case and inadequate support from the plaintiff s counsel. The first opinion focused on the plaintiff s decision not to implement a litigation hold, inadequate communication between counsel and data custodians in Colombia (where the plaintiff was based), and a failure to assist data custodians who were charged with the collection of Electronically Stored Information (ESI), the results of which were data searches that the court deemed inadequate. Sanctions in the case included payment of the attorneys awarded in the case, as well as the costs of hiring an independent third party to conduct a forensic examination of Procaps data stores. Clearly, improper data collection can result in potentially significant sanctions. KEY TAKEAWAYS Organizations should collect only the data they will need for ediscovery instead of gathering an enormous amount of data that will not address their specific ediscovery requirements. Personnel with the appropriate skill set should be charged with leading the data collection effort. The lead person should have a strong background in IT, but other disciplines can also provide value to the data collection effort. Understanding where data is located in an organization is an essential step in the data collection process in order to speed-up the collection process and to minimize the risk of not finding relevant data. ABOUT THIS WHITE PAPER This white paper discusses the importance of proper data collection in mid-range ediscovery cases i.e., cases that generate approximately gigabytes of raw, unculled data. More to the point, the following may not be relevant to very small ediscovery cases and those that generate multiple terabytes of data. 2
3 IMPORTANT ISSUES IN ESI DATA COLLECTION COURTS TEND TO APPROVE OF CASTING A WIDE NET There are two basic approaches to collecting data during an ediscovery exercise: Collect everything that is available, including s, files, text messages, social media posts and anything that else that in some remote way might be relevant; and then use various tools and human review to cull the collected data. Use a more restrictive approach to gathering data, collecting only what will reasonably be deemed necessary to satisfy the requirements of the ediscovery order. Courts tend to approve of the casting a wide net approach to data collection because it provides the assurance that a party is collecting everything that might potentially be relevant. This approach is also often favored by attorneys because it saves them time by reducing the amount of effort required to gather data, and because gathering everything possible is often faster than taking a more selective approach. THE REALITY IS THAT IT S BETTER TO DO THE OPPOSITE However, best practice for data collection is still to collect a large amount of data, but to cull it so that only relevant data remains during ediscovery. For example, instead of making forensic copies of the contents of a large number of hard drives, it is more advantageous to produce only the relevant content from these hard drives through appropriate culling processes. While there are some limited situations in which courts seek production of very large quantities of data, this is not the norm. The primary advantage of collecting information in a more focused manner is that it saves substantially on attorney and paralegal costs and processing fees since there is less information to examine during document processing. Content hosting fees are also lower because less data is stored during the litigation process. Moreover, given the tighter timelines that will be imposed on ediscovery under the new FRCP amendments to go into effect in December 2015, minimizing the amount of data collected may offer advantages when attempting to work within the more restrictive timeframes that will be imposed. It is important to note that the majority of ediscovery cases do not generate enormous amounts of data. However, it is essential to keep in mind that: Data must still be collected properly regardless of the amount of data that must be collected. It is essential that the method of data collection chosen be forensically sound i.e., that the ESI collected is not modified in any way and that a proper chain of custody can be established for the collected data. 3
4 The focus in any data collection must be on preventing spoliation of data, including missing relevant data sources during the collection phase or somehow altering the data that is collected. The ultimate goal of any data collection effort is to minimize the risk that can be created by the collection process itself. THERE IS WIDE VARIABILITY IN ORGANIZATIONS TECHNOLOGY PROFICIENCY Most smaller organizations generally do not have the technology proficiency or specialized skill sets required to adequately address the various data collection issues involved in ediscovery. This not only tends to drive up the costs of data collection, but it also increases the risk of over- or under collecting data, spoliation of data, or data being rendered inadmissible. BEST PRACTICES FOR DATA COLLECTION There are several best practices that organizations should consider when addressing mid-range data collections. Assemble the right personnel for data collection First and foremost, a team with the right knowledge and skill set is key to reducing risk in data collection. The point person should have a strong background in IT because some of the content that may need to be collected will be from sources that require more specialized collection skills, such as proprietary CRM systems, Microsoft SharePoint, or databases. The importance of having an IT staff member as the data collection lead who is skilled in finding and collecting ESI cannot be under estimated. For example, in the case of Green v. Blitz USA, Inc., the manager that was put in charge of the defendant s data collection efforts described himself as about as computer illiterate as they get. While there are risks inherent in self-collection, these risks can largely be mitigated if the leader of the collection effort is technically competent. Ideally, if the resources and personnel are available, a team consisting of IT, legal and business staff members should be assembled to manage the data collection process. These skill sets will permit a more thorough understanding of what is being collected and the relevance of the collected data to ensure further mitigation of risk in the collection process. While many in the legal profession are opposed to organizations self-collection of data during ediscovery, having the right technical skills on a team of competent professionals within an organization can mitigate much of the risk during data collection. 4
5 Create a data map The next step should be to create a data map that will help to inventory corporate data and identify the location and type of all data that may be subject to collection. The benefit of a data map is that it can guide data collectors and speed the data collection process. Moreover, it can also satisfy a court s requirement that an organization make a good faith assessment of where all potentially relevant data is located. In an ideal world, creating a data map would be a relatively simple exercise, but it won t be in many organizations. Potentially relevant data can be found on corporate desktops, laptops, mobile phones and tablets; corporate systems; SharePoint and other collaboration systems; employee-owned laptops, mobile phones and tablets; employee-managed file sync and share solutions like Dropbox; corporate file shares; USB drives; and corporate- and employee-managed cloud storage and backup systems. Data types can include , files, text messages, social media posts, photographs, and a wide range of other data types. There are two challenges inherent in creating a data map. First, when data is distributed across an organization and among many different platforms only some of which are under IT s control data collected for ediscovery is a moving target and can be difficult to find. Second, some data may be difficult to locate at all. For example, a corporate business record created by an employee on his or her personally owned tablet and saved to a personal file sync and share tool may be invisible to those charged with collecting data for ediscovery. However, it is essential to collect data from all relevant sources, even those that are under the control of individual employees. For example, in the case of Small v. University Medical Center of Southern Nevada, the special master assigned to the case recommended a default judgment in favor of more than 600 plaintiffs because data from personally owned mobile devices, among other data sources, was not retained properly by the defendant. Ensure that metadata is preserved It is essential to collect data properly so that metadata is preserved throughout the data collection process. Metadata which is data within files that provides information about these files, such as the author and last accessed date is an essential element that must be retained intact and unmodified during the data collection process in order for information to be defensible. For example, simple drag-and-drop of data during the collection process can alter the metadata of the copied files, potentially rendering the data inadmissible for ediscovery. So important is metadata in the context of discoverable information that the Supreme Courts of Arizona and Washington State have determined that metadata must be retained as part of the information that an organization archives. 5
6 Focus on the low-hanging fruit first Another best practice is to concentrate first on the low-hanging fruit the repositories that contain the largest volumes of data that will be relevant during ediscovery. In most organizations, this will include corporate systems (which in most organizations will be Microsoft Exchange on the backend and Outlook at the desktop or laptop) and employees personal directories on their hard drive. systems are typically the largest single repository of corporate business records in most organizations, largely because the typical information worker spends at least 150 minutes per day doing work in their system. One best practice as part of the data collection process can include extracting necessary content into.pst files or equivalents for loading into review platforms, although other repositories must also be processed. SUMMARY Data collection is an essential element of the ediscovery process because of the important ramifications it can have on the admissibility of evidence and the mitigation of risk during litigation. Organizations involved in mid-range data collection efforts should take special care to follow appropriate best practices so that collected data is defensibly gathered, the costs of data collection are kept as low as possible, and risk is minimized. 6
7 ABOUT THE AUTHOR Kyle Sparks CEDS Certified Speaker Kyle s 22 year career in the legal discovery profession has traversed firm and vendor leadership roles. From paper discovery in big tobacco litigation, to building a litigation support department focused on e-discovery for an AM Law 200 firm, Kyle has obtained a comprehensive understanding of the discipline. Serving as an IT and lit support manager has provided a wide scope of industry software and legal knowledge. Today, as a Senior Ediscovery Specialist and Subject Matter Expert for Thomson Reuters, Kyle specializes in educating clients on all phases of the EDRM model as well as rules of civil procedure. For more information contact your Thomson Reuters representative at or visit Source: various Osterman Research, Inc. surveys 2015 Thomson Reuters
ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery. ZL TECHNOLOGIES White Paper
ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery ZL TECHNOLOGIES White Paper PAGE 1 A project manager s guide to e-discovery In civil litigation, the parties in a dispute are required to provide
More informationElectronic Discovery How can I be prepared? September 2010
Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics brian.wilkinson@us.pwc.com 410-659-3473 Table of Contents Page 1 Electronic
More information102 ediscovery Shakedown: Lowering your Risk. Kindred Healthcare
102 ediscovery Shakedown: Lowering your Risk Long-Term Care Session HCCA Compliance Institute April 27, 2009 Las Vegas, Nevada Presented by: Diane Kissel, Manager IS Risk & Compliance Kindred Healthcare,
More informationReduce 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 informationXact 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 informationBest 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 informationE-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 informationWHITE PAPER SPON. Addressing Information Governance Challenges. Published March 2014 SPONSORED BY. An Osterman Research White Paper.
WHITE PAPER N Addressing Information An Osterman Research White Paper Published March 2014 SPONSORED BY sponsored by SPON sponsored by Osterman Research, Inc. P.O. Box 1058 Black Diamond, Washington 98010-1058
More informationData Preservation Duties and Protocols
Data Preservation Duties and Protocols November 2008 HOU:2858612.3 Discussion Outline I. The Differences Between Electronic and Paper Discovery II. The Parameters of Electronic Discovery III. Rule 37(e)
More informationAcknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25
Acknowledgments Introduction: Welcome to the Labyrinth xi xiii CHAPTER 1 Gathering the Evidence 1 Form 1.1: General Preliminary Electronic Evidence Questions for Your Client 3 Form 1.2: Checklist to Define
More informationEnCase 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 informationDIGITAL 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 informationELECTRONIC 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 informationElectronic 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 informationE-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 informationfor 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 informationCOST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS
Legal White Paper Series: The Real Costs & Risks of Email, Part2 COST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS How in-house counsel can leverage Mid-Market Information Management
More information3 "C" Words You Need to Know: Custody - Control - Cloud
3 "C" Words You Need to Know: Custody - Control - Cloud James Christiansen Chief Information Security Officer Evantix, Inc. Bradley Schaufenbuel Director of Information Security Midland States Bank Session
More informationEthics 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 informationHow To Manage E-Discovery
The E-Discovery Maturity Model ADAM HURWITZ, CISSP September 2010 Tel. (888) 338-4242 www.biaprotect.com E-Discovery has evolved and grown over the last ten years to become a necessary part of doing business.
More informationDigital Government Institute. Managing E-Discovery for Government: Integrating Teams and Technology
Digital Government Institute Managing E-Discovery for Government: Integrating Teams and Technology Larry Creech Program Manager Information Catalog Program Corporate Information Security Information Technology
More informationE- 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 informationIn-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 informationHow to Manage Costs and Expectations for Successful E-Discovery: Best Practices
How to Manage Costs and Expectations for Successful E-Discovery: Best Practices Mukesh Advani, Esq., Advisory Board Member, UBIC North America, Inc. UBIC North America, Inc. 3 Lagoon Dr., Ste. 180, Redwood
More informationArticle originally appeared in the Fall 2011 issue of The Professional Engineer
Article originally appeared in the Fall 2011 issue of The Professional Engineer Electronic Discovery in Litigation By Douglas P. Jeremiah, P.E., Esq. Your firm is involved in litigation and you get the
More informationNavigating Information Governance and ediscovery
Navigating Information Governance and ediscovery Implementing Processes & Technology to Reduce Downstream ediscovery Cost and Risk Shannon Smith General Counsel, Globanet March 11 12, 2013 Agenda 1 Overview
More informationFreelance Lawyers. The industry's best kept secret. Christopher Kozlowski
Freelance Lawyers The industry's best kept secret. Christopher Kozlowski About Me Co-founder and partner of Streamline Litigation, which I started while I was still in law school at Villanova University
More informationFREQUENTLY ASKED QUESTIONS EFFECTIVE SPRING 2015
FREQUENTLY ASKED QUESTIONS EFFECTIVE SPRING 2015 WHAT IS LITWORKS? About LitWorks Programs Since 2005, LitWorks has been the first and most comprehensive training program dedicated exclusively to developing
More informationHow to Avoid The Biggest Electronic Evidence Mistakes. Ken Jones Senior Technology Architect Pileum Corporation
How to Avoid The Biggest Electronic Evidence Mistakes Ken Jones Senior Technology Architect Pileum Corporation Why is Proper Handling of Electronic Data Important? Most of the evidence in your case isn
More informationHOT TIPS ABOUT ESI. Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013
HOT TIPS ABOUT ESI Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013 Melissa Fuller Brown 145 King Street, Ste. 405 Charleston, SC 29401 843-722- 8900 melissa@melissa- brown.com
More informationMaking 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 informationESI Risk Assessment: Critical in Light of the new E-discovery and notification laws
ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws Scott Bailey, CISM Christopher Sobota, J.D. Enterprise Risk Management Group Disclaimer This presentation is for informational
More informationNightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services
EnCase Enterprise/ ediscovery Strategic Consulting EnCase customers now have a trusted expert advisor to meet their discovery goals. NightOwl Discovery offers complete support for the EnCase Enterprise
More informationSolving Key Management Problems in Lotus Notes/Domino Environments
Solving Key Management Problems in Lotus Notes/Domino Environments An Osterman Research White Paper sponsored by Published April 2007 sponsored by Osterman Research, Inc. P.O. Box 1058 Black Diamond, Washington
More informationE-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 informationA CommVault Business-Value White Paper Understanding and Mitigating the Legal Risks of Cloud Computing
A CommVault Business-Value White Paper Understanding and Mitigating the Legal Risks of Cloud Computing Shannon Smith, Esq., ediscovery and Archiving Specialist for CommVault Systems Bennett B. Borden,
More informationDigital 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 informationProactive 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 informationAre Mailboxes Enough?
Forensically Sound Preservation and Processing of Exchange Databases Microsoft Exchange server is the communication hub for most organizations. Crucial email flows through this database continually, day
More informationSpoliation of Evidence. Prepared for:
Spoliation of Evidence Prepared for: Spoliation Nationwide anti-spoliation trend Cases can be thrown out of court Insurers can be denied subrogation claims An insured who destroys evidence of a claim can
More informationWhat's New With E-Discovery?
What's New With E-Discovery? With the growing importance of e-discovery, new tools and time-saving strategies are making the process smoother and more efficient for litigation support professionals, attorneys
More informationPreservation and Production of Electronic Records
Policy No: 3008 Title of Policy: Preservation and Production of Electronic Records Applies to (check all that apply): Faculty Staff Students Division/Department College _X Topic/Issue: This policy enforces
More informationediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director
ediscovery 101 Myth Busting October 29, 2009 Olivia Gerroll ediscovery Solutions Group Director Background Olivia Gerroll, ediscovery Solutions Group Director Over sixteen years of experience in litigation
More informationUNDERSTANDING 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 informationElements of a Good Document Retention Policy. Discovery Services WHITE PAPER
Elements of a Good Document Retention Policy Discovery Services WHITE PAPER Document retention especially the retention of electronic data has become a hot topic in the legal industry. In the wake of several
More informationPortable. 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 informationE-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers
MARCH 7, 2007 E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers By Tara Daub and Christopher Gegwich News of the recent amendments to the Federal Rules of Civil Procedure
More informationPRESENTED BY: Sponsored by:
PRESENTED BY: Sponsored by: Practical Uses of Analytics in E-Discovery - A PRIMER Jenny Le, Esq. Vice President of Discovery Services jle@evolvediscovery.com E-Discovery & Ethics Structured, Conceptual,
More informationDISCOVERING ediscovery
DISCOVERING ediscovery Purpose This paper is the first in a series that are designed to educate organisations and increase awareness in the area of ediscovery technology. What is ediscovery? Electronic
More informationHow ArchiveOne can help with ediscovery (within the EDRM framework)
www.c2c.com How ArchiveOne can help with ediscovery (within the EDRM framework) Ken Hughes CTO, C2C The ArchiveOne platform is considerably more than just archiving; it also addresses many of the ediscovery
More informationWHITE PAPER SPON. Key Issues in ediscovery. Published September 2012 SPONSORED BY. An Osterman Research White Paper
WHITE PAPER N Key Issues in ediscovery An Osterman Research White Paper Published September 2012 SPONSORED BY SPON sponsored by Osterman Research, Inc. P.O. Box 1058 Black Diamond, Washington 98010-1058
More informationIntegration 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 informationData 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 informationElectronic Discovery The Sedona Canada Principles
Electronic Discovery The Sedona Canada Principles Steve Accette Peg Duncan Department of Justice April 9, 2008 Page 1 Introduction to the discovery of electronic documents The discovery of electronic information
More informationStrategies for Preparing for E-Discovery
Strategies for Preparing for E-Discovery The amendments to the U.S. Federal Rules of Civil Procedure regarding the discovery of electronically stored information make it imperative for organizations to
More information4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda
Be Prepared: How The New Changes To The FRCP Affect Information Governance Presented by John Isaza, Esq., FAI CEO, Information Governance Solutions, LLC Wednesday, April 15, 2015 1:00 p.m. (PDT) Your Presenters
More informationACADEMIC AFFAIRS COUNCIL ******************************************************************************
ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management
More informationDOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents
WhitePaper Concise Guide to E-discovery Contents i. Overview ii. Importance of e-discovery iii. How to prepare for e-discovery? iv. Key processes & issues v. The next step vi. Conclusion Overview E-discovery
More informationBEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper
BEYOND THE HYPE: UNDERSTANDING THE REAL IMPLICATIONS OF THE AMENDED FRCP PA G E : 1 BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure A Clearwell Systems
More informationElectronic Discovery. Answers to life s enduring questions
Electronic Discovery Answers to life s enduring questions 1 Electronic Discovery 1. Requirements: What do courts expect? 2. Potential consequences of missteps? Sanctions and unnecessary expense 3. Solutions:
More informationDepartment of Veterans Affairs VA Directive 6311 VA E-DISCOVERY
Department of Veterans Affairs VA Directive 6311 Washington, DC 20420 Transmittal Sheet June 15, 2012 VA E-DISCOVERY 1. REASON FOR ISSUE: To establish policy concerning the care and handling of documents
More informationEthics in Technology and ediscovery Stuff You Know, But Aren t Thinking About
Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About Kelly H Twigger, Esq. Oil and Gas Symposium Arkansas Law Review October 16-17, 2014 Overview In the last two decades, business
More informationSAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE
SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE Milton Luoma Metropolitan State University 700 East Seventh Street St. Paul, Minnesota 55337 651 793-1246 (fax) 651 793-1481 Milt.Luoma@metrostate.edu
More informationMinimizing ediscovery risks. What organizations need to know in today s litigious and digital world.
What organizations need to know in today s litigious and digital world. The main objective for a corporation s law department is to mitigate risk throughout the company, while keeping costs under control.
More informationHow To Manage Cloud Data Safely
Information Governance In The Cloud Galina Datskovsky, Ph. D., CRM President of ARMA International SVP Information Governance Solutions Topics Cloud Characteristics And Risks Information Management In
More informationediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation
Brought to you by: ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation Introduction: Rising costs of litigation The chance of your organization
More informationHow To Write A Hit Report On A Lawsuit Against A Company
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 informationTHIS WEBCAST WILL BEGIN SHORTLY
If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! THIS WEBCAST WILL BEGIN SHORTLY Cloud-Based vs. On-Premise ediscovery
More informationElectronic 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 informationLowering E-Discovery Costs Through Enterprise Records and Retention Management. An Oracle White Paper March 2007
Lowering E-Discovery Costs Through Enterprise Records and Retention Management An Oracle White Paper March 2007 Lowering E-Discovery Costs Through Enterprise Records and Retention Management Exponential
More informationFlorida E-Discovery 2013
Florida E-Discovery 2013 Christopher.Hopkins @Akerman.com Palm Beach Bar Association Employment Law Committee Florida E-Discovery 2013 Download This PPT: InternetLawCommentary.com Palm Beach Bar Association
More informationE-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 informationThe Wave of the Future:
The State Bar of Michigan Paralegal Section Annual Day of Education at Davenport University 1 May Grand Rapids, MI USA The Wave of the Future: New Tools and Resources in an E-discovery World 1 May 2009
More informationRecords Management Electronic Records and Electronic Discovery
Records Management Electronic Records and Electronic Discovery Office of the Secretary of the Commonwealth Division of Public Records 617-727-2832 www.sec.state.ma.us/pre/predix.htim Agenda Records Management
More informationGeneral 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 informationwww.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 informationCase 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 informationWhitepaper 10 BEST PRACTICES FOR REDUCING E-DISCOVERY RISK AND COSTS
Whitepaper 10 BEST PRACTICES FOR REDUCING E-DISCOVERY RISK AND COSTS Million-dollar sanctions and public shaming by judges have led many corporations to seek a better way of performing the e-discovery
More informationcapabilities statement
capabilities statement GSA Schedule 70 Contract Holder: Contract #: GS-35F-0649Y Duns#: 824940121 Cage Code#: 6B5K3 SIN Codes: 132-34 Maintenance of Software 132-51 Information Technology Professional
More informationAppliedDiscovery. WhitePaper. RetentionPolicy
Applied AppliedDiscovery Discovery White WhitePaper Paper Elements ElementsofofaaGood GoodDocument Document Retention RetentionPolicy Policy ByBy Courtney Courtney Ingraffi Ingraffi a Barton, a Barton,
More informationthe e-discovery how-to Guide page : 1 The E-Discovery Practical Recommendations for Streamlining Corporate E-Discovery A Clearwell White Paper
the e-discovery how-to Guide page : 1 The E-Discovery How-To Guide: Practical Recommendations for Streamlining Corporate E-Discovery A Clearwell White Paper the e-discovery how-to Guide page : 2 Table
More informationPredictability 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 informationRecord Retention, ediscovery, Spoliation: Issues for In-House Counsel
Record Retention, ediscovery, Spoliation: Issues for In-House Counsel CCCA Webinar April 1, 2015 Presenters: Gavin Tighe, Partner (Certified Specialist in Litigation) Stephen Thiele, Partner, Director
More informationAUTION! Electronic. The courtroom falls silent. Pinning you with her gaze, the judge inquires, Do you have any questions,
AUTION! Electronic Picture yourself in the courtroom waiting for the judge. You sit at counsel table next to your client and your partner. The gavels raps, and the judge assumes the bench. She is visibly
More informationE-Discovery in Michigan. Presented by Angela Boufford
E-Discovery in Michigan ESI Presented by Angela Boufford DISCLAIMER: This is by no means a comprehensive examination of E-Discovery issues. You will not be an E-Discovery expert after this presentation.
More informationE-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011
E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE Ana Maria Martinez April 14, 2011 This presentation does not present the views of the U.S. Department of Justice. This presentation is not legal advice.
More informationDiscovery in the Digital Age: e-discovery Technology Overview. Chuck Rothman, P.Eng Wortzman Nickle Professional Corp.
Discovery in the Digital Age: e-discovery Technology Overview Chuck Rothman, P.Eng Wortzman Nickle Professional Corp. The Ontario e-discovery Institute 2013 Contents 1 Technology Overview... 1 1.1 Introduction...
More informationHow To Be A Computer Forensics Examiner
Richard A. Peacock 410.346.7288 (Office) 443.398.5246 (Cell) rich@realforensicanalysis.com EnCase Certified Examiner (EnCE) Access Data Certified Examiner (ACE) Access Data Mobile Phone Certified Examiner
More informationA Modern Approach for Corporations Facing the Demands of Litigation
A Modern Approach for Corporations Facing the Demands of Litigation The first pure Software-as-a-Service (SaaS) e-discovery technology designed to help in-house legal teams face the increased risk and
More informationManaging Workflow Tracking in Discovery Efforts How a proactive solution can help you
Managing Workflow Tracking in Discovery Efforts How a proactive solution can help you As used in this document, Deloitte means Deloitte Financial Advisory Services LLP, which provides forensic, dispute,
More informationEmerging Topics for E-Discovery. October 22, 2014
Emerging Topics for E-Discovery October 22, 2014 ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community! Exclusive News and Analysis! Weekly Web Seminars! Podcasts!
More informationDirector, Value Engineering
Director, Value Engineering April 25 th, 2012 Copyright OpenText Corporation. All rights reserved. This publication represents proprietary, confidential information pertaining to OpenText product, software
More informationESI DEMYSTIFIED. Streamlining the E-Discovery Process Through Internal Processes and Controls. Melinda Burrows Bruce Cosgrove*
ESI DEMYSTIFIED Streamlining the E-Discovery Process Through Internal Processes and Controls Melinda Burrows Bruce Cosgrove* The widespread proliferation of electronically stored information (so-called
More informationA United States Based Telecommunications Firm Employs FTI Harvester to Address ediscovery Challenges in Microsoft SharePoint
BUYER CASE STUDY A United States Based Telecommunications Firm Employs FTI Harvester to Address ediscovery Challenges in Microsoft SharePoint Vivian Tero IDC OPINION Global Headquarters: 5 Speen Street
More informationFEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step.
A BNA, INC. DIGITAL DISCOVERY & E-EVIDENCE! VOL. 7, NO. 11 232-235 REPORT NOVEMBER 1, 2007 Reproduced with permission from Digital Discovery & e-evidence, Vol. 7, No. 11, 11/01/2007, pp. 232-235. Copyright
More informationElectronic 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 informationAccessData 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 informationE-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert
E-Discovery Quagmires An Ounce of Prevention is Worth a Pound of Cure Rebecca Herold, CISSP, CISA, CISM, FLMI Final Draft for February 2007 CSI Alert While updating the two-day seminar Chris Grillo and
More informationVeritas Enterprise Vault.cloud for Microsoft Office 365
TM Veritas Enterprise Vault.cloud for Microsoft Office 365 Assume control over your information ecosystem Benefits at a glance Satisfies email retention requirements by journaling an immutable copy of
More information2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery?
2015 ANNUAL MEETING Vancouver, BC September 11, 2015 Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2010 DUKE CONFERENCE May 10-11 Duke Law School 200 Participants
More information