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Writers Summit 09 - Why eDiscovery is a ProblemRalph Losey
 

Writers Summit 09 - Why eDiscovery is a ProblemRalph Losey

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Why eDiscovery is a Problem: Searching for Truth and Justice in Chaotic Disconnected Information Silos....

Why eDiscovery is a Problem: Searching for Truth and Justice in Chaotic Disconnected Information Silos.
Ralph C. Losey

Learn more about the EMC Content Management Writer's Summit here: http://www.linkedin.com/groups?gid=90751&trk

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    Writers Summit 09 - Why eDiscovery is a ProblemRalph Losey Writers Summit 09 - Why eDiscovery is a ProblemRalph Losey Presentation Transcript

    • Why e-Discovery is a Problem: Searching for Truth and Justice in Chaotic Disconnected Information Silos Ralph C. LoseyFriday, June 5, 2009
    • Why e-Discovery is a Problem: Searching for Truth and Justice in Chaotic Disconnected Information Silos Ralph C. Losey Lawyer: Shareholder and Chair of Akerman Senterfitts e- Discovery Practice Group 30 years Litigation experience; last 3, only e-Discovery Adjunct Professor, Univ. of Florida, School of Law, on e- discovery Author: Introduction to e-Discovery: New Cases, Ideas and Techniques (ABA 2009) E-Discovery: Current Trends and Cases (ABA 2008) HASH: the New Bates Stamp, 12 Journal Technology Law & Policy 1 (June 2007) Websites: e-Discovery Team (weekly blog): www.ralphlosey.wordpress.com www.FloridaLawFirm.com (personal web on IT and Law)Friday, June 5, 2009
    • Why e-Discovery is a Problem: Searching for Truth and Justice in Chaotic Disconnected Information Silos Ralph C. Losey Lawyer: Shareholder and Chair of Akerman Senterfitts e- Discovery Practice Group 30 years Litigation experience; last 3, only e-Discovery Adjunct Professor, Univ. of Florida, School of Law, on e- discovery Author: Introduction to e-Discovery: New Cases, Ideas and Techniques (ABA 2009) E-Discovery: Current Trends and Cases (ABA 2008) HASH: the New Bates Stamp, 12 Journal Technology Law & Policy 1 (June 2007) Websites: e-Discovery Team (weekly blog): www.ralphlosey.wordpress.com www.FloridaLawFirm.com (personal web on IT and Law)Friday, June 5, 2009
    • The Failure of Business to Adopt ECM is Destroying American System of Justice No Justice Without Truth. No truth if you cannot find the relevant evidence.Friday, June 5, 2009
    • The Failure of Business to Adopt ECM is Destroying American System of Justice No Justice Without Truth. No truth if you cannot find the relevant evidence.Friday, June 5, 2009
    • The Failure of Business to Adopt ECM is Destroying American System of Justice No Justice Without Truth. No truth if you cannot find the relevant evidence.Friday, June 5, 2009
    • The Failure of Business to Adopt ECM is Destroying American System of Justice No Justice Without Truth. No truth if you cannot find the relevant evidence.Friday, June 5, 2009
    • Most Trial lawyers Are LudditesFriday, June 5, 2009
    • Most Trial lawyers Are LudditesFriday, June 5, 2009
    • Most Trial lawyers Are LudditesFriday, June 5, 2009
    • Most Trial lawyers Are LudditesFriday, June 5, 2009
    • Most Trial lawyers Are LudditesFriday, June 5, 2009
    • Most Trial lawyers Are LudditesFriday, June 5, 2009
    • Here is what we all want.Friday, June 5, 2009
    • Here is what we all want.Friday, June 5, 2009
    • Processing Preservation Information Identification Review Production Presentation Translucent Fill Management Translucent Fill Collection Analysis Volume Relevance emuloV ecnaveleR sisylanA noitcelloC tamarofnI acfiitnedI oitcudorP tatneserPFriday, June 5, 2009
    • Electronic Discovery Reference Model Processing Preservation Information Identification Review Production Presentation Translucent Fill Management Translucent Fill Collection Analysis Volume Relevance emuloV ecnaveleR sisylanA noitcelloC tamarofnI acfiitnedI oitcudorP tatneserPFriday, June 5, 2009
    • In re Fannie Mae Securities Litigation  _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).Friday, June 5, 2009
    • In re Fannie Mae Securities Litigation  _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).Friday, June 5, 2009
    • In re Fannie Mae Securities Litigation  _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009). ‣ $6 Million to Comply with an e- Discovery SubpoenaFriday, June 5, 2009
    • In re Fannie Mae Securities Litigation  _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009). ‣ $6 Million to Comply with an e- Discovery Subpoena ‣ 9% of Total Annual Budget of the Office of Federal Housing Enterprise OversightFriday, June 5, 2009
    • In re Fannie Mae Securities Litigation  _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009). ‣ $6 Million to Comply with an e- Discovery Subpoena ‣ 9% of Total Annual Budget of the Office of Federal Housing Enterprise Oversight ‣ 400 keywords; 660,000 emails and attachments; 80% of all agency’s emailFriday, June 5, 2009
    • Today’s headlinesFriday, June 5, 2009
    • Today’s headlines ‣ Former Countrywide Financial Corp. Chief Executive Officer Angelo Mozilo and two of his top deputies were sued by the SEC for allegedly hiding the home lender’s deteriorating finances as the subprime mortgage crisis unfolded.Friday, June 5, 2009
    • Today’s headlines ‣ Former Countrywide Financial Corp. Chief Executive Officer Angelo Mozilo and two of his top deputies were sued by the SEC for allegedly hiding the home lender’s deteriorating finances as the subprime mortgage crisis unfolded. ‣ In one e-mail, he described a “particularly profitable subprime product as ‘toxic.’” He also wrote that Countrywide was “flying blind” and had “no way” to determine the risks of some adjustable-rate mortgages, the SEC said.Friday, June 5, 2009
    • Review is ExpensiveFriday, June 5, 2009
    • Review is ExpensiveFriday, June 5, 2009
    • Review is ExpensiveFriday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file.Friday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Friday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and LoggingFriday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and Logging Aver 16,000 files per gig = $80,000Friday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and Logging Aver 16,000 files per gig = $80,000 the following facts are Typical:Friday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and Logging Aver 16,000 files per gig = $80,000 the following facts are Typical: 20 Custodians with 50,000 emails/attachments each = One Million ESIFriday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and Logging Aver 16,000 files per gig = $80,000 the following facts are Typical: 20 Custodians with 50,000 emails/attachments each = One Million ESI ECM - weak or non-existent for email.Friday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and Logging Aver 16,000 files per gig = $80,000 the following facts are Typical: 20 Custodians with 50,000 emails/attachments each = One Million ESI ECM - weak or non-existent for email. Relevance Search Culling reduces down to 10% = 100,000 ESI to be produced.Friday, June 5, 2009
    • Review is Expensive Cost to Review now runs about $5.00 per computer file. Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09 Review for relevance, privilege, confidentiality, issue tagging and Logging Aver 16,000 files per gig = $80,000 the following facts are Typical: 20 Custodians with 50,000 emails/attachments each = One Million ESI ECM - weak or non-existent for email. Relevance Search Culling reduces down to 10% = 100,000 ESI to be produced. Client still cannot afford $500,000 just to review emails.Friday, June 5, 2009
    • Science of SearchFriday, June 5, 2009
    • Science of Search ‣ Recall and PrecisionFriday, June 5, 2009
    • Science of Search ‣ Recall and Precision ‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives.Friday, June 5, 2009
    • Science of Search ‣ Recall and Precision ‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives. ‣ Jason baron - TREC Legal TrackFriday, June 5, 2009
    • Science of Search ‣ Recall and Precision ‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives. ‣ Jason baron - TREC Legal Track ‣ traditional Negotiated Keyword Search Usually Sucks (22% recall)Friday, June 5, 2009
    • Science of Search ‣ Recall and Precision ‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives. ‣ Jason baron - TREC Legal Track ‣ traditional Negotiated Keyword Search Usually Sucks (22% recall) ‣ Multimodal and iterative Sampling is the wayFriday, June 5, 2009
    • Science of Search ‣ Recall and Precision ‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives. ‣ Jason baron - TREC Legal Track ‣ traditional Negotiated Keyword Search Usually Sucks (22% recall) ‣ Multimodal and iterative Sampling is the way ‣ Judgmental and Random SamplingFriday, June 5, 2009
    • Metrics and new Technologies/Methods In re: Seroquel Products Liability Litigation, 244 F.R.D. 650 (M.D. Fla. Aug. 21, 2007). “Common sense dictates that sampling and other quality assurance techniques must be employed to meet requirements of completeness. If AZ took such steps, it has not identified or validated them.”Friday, June 5, 2009
    • QUESTIONS?Friday, June 5, 2009
    • QUESTIONS?Friday, June 5, 2009