ZEROING IN DATA TARGETING IN EDISCOVERY TO REDUCE VOLUMES AND COSTS

Transcription

1 ZEROING IN DATA TARGETING IN EDISCOVERY TO REDUCE VOLUMES AND COSTS

2 WELCOME Thank you for joining Numerous diverse attendees Today s topic and presenters This is an interactive presentation You will receive slides, recording and survey Coming up next month

3 SPEAKERS Matthew Verga Director, ediscovery Strategy Andreas Mueller Senior Director, ediscovery

4 TODAY S TOPICS A Data Targeting Perspective Data Targeting - Before Litigation - During Collection - During Processing - During ECA Strategy and Negotiation Conclusion - Key Takeaways - Questions and Answers

5 A DATA TARGETING PERSPECTIVE

6 A DATA TARGETING PERSPECTIVE Why does this matter? - Because of the high and ever-increasing cost of discovery 2012 Rand Corporation Study: - Median cost of ediscovery production was $1.8 million - Document review accounted for $0.73 of every $1.00 spent - the relationship between final costs and ESI volume is essentially a directly proportional one. Thus, volume reduction = cost reduction

7 A DATA TARGETING PERSPECTIVE What do we mean by a data targeting perspective? - Elevating technical considerations - Elevating strategic considerations - At each step: o What are the technically feasible options o Strategic value of culling versus retention o Interplay between technical, strategic, and legal It s not about knowing it all - It s about knowing enough to ask the right questions

8 BEFORE LITIGATION

9 DATA TARGETING BEFORE LITIGATION Don t wait for litigation to begin Proactive steps can be taken to reduce volumes and costs First, retention and remediation can be addressed - Critical first step - Clear policies and procedures - Categories and retention periods - Limiting duplicative retention - Remediation to compliance

10 DATA TARGETING BEFORE LITIGATION Second, proactive data mapping can be completed Benefits of pre-litigation data mapping Elements of a useful data map - Potentially relevant data stores - What records for what time periods - Searching and extraction options - Responsible individuals/roles - Employee-issued devices in use

11 DURING COLLECTION

12 DATA TARGETING DURING COLLECTION Reactive data mapping Selecting custodians and sources Custodian interviews - Importance - Paper vs. electronic options Physical vs. logical acquisition - When to select which option?

13 DATA TARGETING DURING COLLECTION Selective Restoration - Forensic image and content reports o Usefulness o Limitations - Selection by directory, group or mailbox o o Loose files - Back-up tape options o Options and current technology - Selection by date o Limitations and risks File type filtering o Options and considerations

14 DURING PROCESSING

15 DATA TARGETING DURING PROCESSING Inclusion vs. exclusion - What is the difference? Directory or custodian filtering - Available options De-NISTing - What is it? - How is it executed?

16 DATA TARGETING DURING PROCESSING File-type filtering - Methods - Associated risks De-duplication - General method - Options available - Significance and impact - Document families

17 DATA TARGETING DURING PROCESSING Date range filtering - Methods - Associated risks and considerations Keyword filtering - Available options - What to look out for? - Better to wait?

18 DURING ECA

19 DATA TARGETING DURING ECA ECA vs EDA - EDA FTW (for the win) - Value increases with data volume - Many options, many tool-specific Random sampling - Utility and benefits - Sample sizes - Things you can learn

20 DATA TARGETING DURING ECA communication filtering - Sender and recipient - Domain names - Subject lines Keyword filtering - Simple, Boolean, fuzzy - ECA/EDA is the time o Best search tools o Best reporting options o Easiest iteration

21 DATA TARGETING DURING ECA threading - Grouping, sequencing, content analysis, visualization - Organization versus disposition Near duplicate identification - Multiple techniques, variable thresholds - Organization versus disposition Conceptual analytics - Conceptual searching and clustering, categorization, CAR - Advantages and disadvantages

22 STRATEGY AND NEGOTIATION

23 STRATEGY AND NEGOTIATION The kitchen sink approach is not recommended Broad overview provided to show range Project specific strategies must be developed - Factors to consider o Available time o Available budget o Technological resources o Human resources o Matter-specific concerns

24 STRATEGY AND NEGOTIATION Data Targeting Before Litigation (EDRM IM Phase) Data Reduction During Collection (EDRM Identification, Preservation and Collection Phases) Retention, Remediation, Mapping Targeted Collection, Selective Restoration Data Targeting During Processing (EDRM Processing Phase) Data Targeting During ECA (EDRM Analysis Phase) Directory Filtering, Custodian Filtering, De- NISTing, File-Type Filtering, Deduplication Date Range Filtering, Keyword Filtering Random Sampling, Communication Filtering, Keyword Filtering, Conceptual Analytics, Threading Review

25 STRATEGY AND NEGOTIATION Negotiation can be the most powerful tool of all Negotiation with opposing parties - Before, during, and after 26(f) - With judge, if necessary Negotiated agreements - Can limit scope - Can specify methodology - Can be incorporated into orders and enforced

26 CONCLUSION

27 KEY TAKEAWAYS Elevate technical and strategic considerations Understand the available options and limitations at each stage Consider the strategic value of culling versus retention Use technology to your advantage, but be consistent in your approach Document your decisions and rationales Seek expert help where needed

28 Q / A

29 ENGAGE WITH MODUS coming with slides, recording and survey Visit us online at for more information on next webinar on October 21 st entitled: ediscovery in Microsoft Exchange: What Every Legal Professional Should Know (and more) Make sure to visit our website for valuable white papers, blogs and other information at Thank you!