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eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
eDiscovery A-Z - June 2011
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eDiscovery A-Z - June 2011

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  • 1. June 2011
    eDiscovery A-Z
  • 2. Agenda
    Introductions
    Expectations?
    ESI
    Methods and techniques for dealing with ESI
    Trends
    Questions
  • 3. What is eDiscovery?
    Discovery in a litigation which deals with the exchange of information in an electronic format
    Referred to as Electronically Stored Information or ESI in the Federal Rules of Civil Procedure
    Amendments to the FRCP took effect in December, 2006
    Certain mandatory requirements under Rule 26(f)
    Explicit class of discoverable materials named “Electronically Stored Information” (ESI)
    Some states beginning to follow the FRCP (39 states adopted similar requirements, including CA)
  • 4. How much data?
    “Every two days we create as much information as we did from the dawn of civilization up until 2003.”
    Eric Schmidt, Google CEO
    Sept. 2010
  • 5. How much data?
    April 2010 estimate: around 29.4 billion emails sent per day
    Approx. 350,000 emails per second
  • 6. For example …
    Types:
    “Loose files”: Word, Excel, PDFs
    Email: Outlook PSTs, Lotus Notes, NSF (Lotus Notes), Gmail
    Databases
    Shared data: SharePoint, Wikis, Google docs
    Social Media: LinkedIn, Twitter, Facebook
    Where is it found?
    Computers, servers, the “cloud,” back-up tapes
    Smartphone, ipad, external HDs, flash drives
  • 7. Concept: EDRM – one way of thinking about ESI
  • 8. Preservation
    Litigation “holds”
    Why?
    Legal duty to preserve any potentially relevant or discoverable data
    Sanctions: Spoliation
    Qualcomm
    Zubulake v. UBS Warburg
    Identification and preservation
    ESI sources
    Computers, servers, cloud, smartphones, Back-up tapes: (FRCP vs. California Rules)
    “Accessible” or “inaccessible” sources
  • 9. Another way to consider ESI
    Setup & Planning
    Collection
    Culling &
    Analysis
    Review
    Production
    Processing
  • 10. Setup and Planning – set up for success
    Setup & Planning
    • Preparing for the meet and confer conference (FRCP 26(f))
    • 11. Negotiating ESI protocols and terms
    • 12. Data source identification and preservation
    • 13. Document retention policies
    • 14. ESI sources at client
    • 15. Litigation holds
    • 16. Litigation plan
    • 17. What are the long-term goals?
    • 18. Different goals for different litigations
    • 19. Different docs for different litigations
    • 20. Tracking sources
    • 21. Methods and tools
  • Collections – get data defensibly
    Collection
    • Collection “form”
    • 22. Forensic images
    • 23. Targeted collections
    • 24. Remote or on-site collections
    • 25. Considerations:
    • 26. Imposition on client’s personnel and resources
    • 27. Defensibility
    • 28. Volume
    • 29. Custodian mobility
    • 30. Cost expectations
  • Culling and Analysis – remove excess and prepare for review
    Culling &
    Analysis
    Processing
  • Review – find the nuggets
    Review
    • Great technology
    • 45. Native versus processed
    • 46. Cost
    • 47. Review processes
    • 48. Efficient workflow
    • 49. Contract attorneys for “first-pass”
    • 50. Special Case: Privilege
    • 51. Enhanced review tools
    • 52. Near-dupes
    • 53. Email threading
    • 54. Concept searching
  • Production – exchange production sets and track them
    Production
    • ESI Protocols
    • 55. Form
    • 56. TIFF, PDF, native
    • 57. Control numbering (doc or page level)
    • 58. Databases, reporting, and on-site inspections
    • 59. Cost
    • 60. Incoming productions
    • 61. Consistent with ESI protocol
    • 62. Review tool
    • 63. Tracking Mechanisms
  • Overall considerations
    • Cost control: create an ediscovery budget
    • 64. Manage to that budget
    • 65. Scope Creep
    • 66. Process Participation:
    • 67. End to end
    • 68. Be included from beginning
    • 69. Collections
    • 70. Culling and review
    • 71. Productions
    • 72. Visibility Reporting
    • 73. Information is king
  • eDiscovery trends
    • Cost constraint the number one concern
    • 74. Proportional discovery
    • 75. Cost predictability and alternative fee structures
    • 76. Control review and ediscovery costs
    • 77. Pre-litigation and up-front case planning
    • 78. Effective data culling
    • 79. Efficient review
    • 80. Cost governance
    • 81. Manage internal information systems effectively through good policies and compliance
  • eDiscovery trends (cont. …)
    • Clients selecting vendors
    • 82. Data culling techniques and processes advancing
    • 83. Effective sampling and iteration for search terms
    • 84. Optimized workflows leading to review efficiency
    • 85. Predictive tagging, coding and automated review
    • 86. Risk mitigation critical
    • 87. Rapid technology developments
    • 88. Increased out-sourcing through managed services
  • eDiscovery trends (cont. …)
    • Increased number of self-collecting clients
    • 89. Targeted collections from email tools with basic culling abilities
    • 90. Remote collections
    • 91. Increasing importance and prevalence of cloud based apps
    • 92. Social media
    • 93. Lack of understanding of scope
    • 94. Lack of tools
  • Collaboration-Excellent Client Service
    Client
    Law Firm LLP
  • 95. Collaboration-Excellent Client Service
    Client
    Law Firm LLP
  • 96. Questions
  • 97. Eamonn Markham, Esq.
    Eamonn is the General Counsel and a Discovery Consultant at SFL Data.
    About SFL Data: SFL Data is the first e-discovery service provider to deliver a fixed-price managed service that enables Fortune 500 corporate legal departments and law firms to gain a world-class e-discovery function without building it. The outcome – dramatically reduced litigation costs (over 50%), better control and visibility, and defensible results. SFL Data’s clients include Oracle, multiple other leading corporations, and more than 100 AmLaw 250 law firms. Proprietary processes, domain experts who’ve led IT and discovery at 7 law firms, testifying collections experts, best-in-class software, attorney-driven project management and an infrastructure for Fortune 50 corporations lead to clients sleeping at night and returning to us repeatedly.  

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