E-Discovery: Past, Present and Future Keynote Day 1

Transcription

1 E-Discovery: Past, Present and Future Keynote Day 1 Forensic Analysis Incident Response Litigation Support Information Assurance

2 Introduction Tim Leehealey CEO of AccessData Forensic Toolkit (FTK ) Most user-friendly interface Court-validated digital investigative solution used worldwide iblaze Award-winning legal review and case management product Tool of choice for law firms; approximately 100,000 users Largest provider(by revenue) of behind the firewall ediscovery solutions. Offices in Utah, Houston, DC, New York, San Francisco, Australia, and London 450 employees Robust Growth

3 Stats about the conference ADUC 2011 we had just over 500 attendees ADUC 2012 (ended with over 800)

4 Update on AccessData Roadmap We are a few months short of achieving our vision of having all products on a single platform We have released the first wave of our second generation products: Summation product lines FTK 4 CIRT 2.0 ediscovery 4.0 MPE + Moving from Water Word to Independence Day

5 ediscovery a brief history Dominated by services (Kroll and big 4) Emergence of software providers Review Analytics Collection Lit hold Software solutions take hold more meaningfully however it is still a fracture space Service providers continue to be major players (always will be) Emergence of end to end solution providers with in corporate and legal markets Entry of large players: HP, EMC, Symantec Were do we go now?

6 Three avenues of exploration: Device/Data types: Cell phones/tables Deleted data Data sources Facebook Linked-in Other social media Predictive coding Landscape changes What are we doing?

7 Device Types There has been an explosion of devices (Cell phones/tablets) and their impact on ediscovery is becoming more meaningful. No distinction between discovery on cell phones and other type of computers Humphrey v. Sallie Mae, Inc., 2010 WL (D.S.C. June 17, 2010) Court granted plaintiff s motion to conduct discovery prior to the Rule 26(f) Moreno v. Ostly, 2011 WL (Cal. Ct. App. Feb. 22, 2011) - Court imposed monetary sanctions in the amount of $13,500 for non production of cell phone

8 Deleted Data Deleted data is being deemed more and more accessible over time. State ex rel. Toledo Blade Co V. Seneca County Bd or Comm rs: Ohio Supreme Court ruled 7-0 that deleted data needed to be produced Adhi v. Twp. of W. Pikeland, 2010 WL (E.D. Pa. Mar. 16, 2010): Court ordered that plaintiff allow defendant s e-discovery expert to inspect plaintiff s computers, despite plaintiff s claim that the sought was deleted. D'Onofrio v. SFX Sports Group, Inc., 2010 WL (D.D.C. Aug. 24, 2010): Court did not impose sanctions on defendants where defendants failed to preserve relevant evidence but later undertook a diligent and expensive attempt to retrieve what was lost resulting in the discovery of hundreds of thousands of documents.

9 Social media Facebook and linked-in are the new ediscovery goldmines They are discoverable for defendants and plaintifs alike They are highly relevant People expose things there they wouldn t ever show elsewhere Don t believe me:

10 Social Helps Sink GSA Social media is playing a key role in the current GSA scandal Here is a picture of Neely in Vegas Still don t believe me

11 Social Media Helps Sink USSS In the current USSS scandal social media is again playing a key role Here is a picture Randall Chaney posted on his Facebook page with inappropriate captions regarding Governor Palin. Still don t believe me

12 The Rubber Really Hits the Road Recent important decision

13 Social Media and Wrongful termination Social media is relevant in the corporate context as well. Employee issues Wrongful termination Kitty Doyle Vs AccessData. The case hinged on the moving of one of our sales positions to the UK Prosecution uses Linked in information on one of our reps to argue we had just pretended to move the position to the UK Employee collaboration and theft.

14 Predictive coding Most common approaches Statistical Decision tree Current F scores and their implications Southern District of New York Court System For example, for the same run in which Recommind received a 62.3% hypothetical F1 score, their actual F1 score is 24.7% and their recall was 25.8%. In other words, over 74% of all responsive documents were missed.

15 ediscovery Landscape changes I see two major dynamics in the ediscovery market Law firms and corporations are trying to get on the same page in terms of their discovery process Records management views themselves as being key players in the ediscovery process of a corporation Records Management Corporate ediscovery Law firm ediscovery

16 Which will win Key question Who is going to play? Corporate players: Symantec - failing EMC Failed HP Unknown but guess what I am betting on? Legal players Lexus Nexis mixed results Consultants (Kroll) Outsources (Xerox)

17 AD s Vendors View: IT Records Security Management Corporate ediscovery Law firm ediscovery Our approach is based on technology

18 Our Approach usiness Issue Employee issues ediscovery Crime Security Compliance Reviewer Lawyers HR IT Normalization Data Processing engine Data extractor IT Law Enforcement Consultant Data Network Traffic Desktops Data Repositories Cell phone

19 Our Technology One solution to many problems Network Traffic IT Security Hard Drive Analytics RAM Processing Cluster FTK Legal Review Phones FTK FTK

20 ediscovery Collection/LitHold

21 ediscovery Review

22 CIRT Collection

23 CIRT Review

24 Check it out Summation for general download was will be made available today! CIRT 2.0 ships May 21 st. ediscovery 4.0 Ships May 32 nd.

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