8 Things You Can’t Afford to
Ignore with eDiscovery
AIIM 8 Things Series


 John Wang, CCP                              Br...
About ZL Technologies

• Experts in Total Information Governance
   –   Unstructured Content Archiving
   –   eDiscovery
 ...
About John Wang

 • Experience / Roles
    – 15+ years in Technology
       i Product Manager      Solutions Architect    ...
Agenda

         1.   Early Case Assessment
         2.   Data Mapping
         3.   Investigative eDiscovery
         4. ...
Overview

                   ?      Did you know?
          5 Year Enterprise Data Growth Estimate




                   ...
Overview

  • ESI is discoverable
  • ESI volume is growing at 55+% annually*
  • Litigation is increasing
        – 42% U...
Early Case Assessment

                    ?             Did you know?
                                  In-house eDiscove...
Early Case Assessment
  3 Questions                                 Item                          Achievement
       – Doe...
Early Case Assessment

                                         Traditional Post-Collection ECA


                        ...
Early Case Assessment

                   ECA “Now”


                                                                    ...
Early Case Assessment

Deployment                  How does it affect you?
   – In-house eDiscovery       – Resolve cases ...
Data Mapping

                 ?          Did you know?
                     Fortune 1000 Data per Firm




             I...
Data Mapping

Required by Rule 26(a)(1)(B)            Take Advantage of Rule 37(F)
•   “… a copy of, or a description by  ...
Data Mapping
                                How does it affect you?
 Integrated Data Mapping           – Reduce sanction ...
Investigative eDiscovery

Exclusionary ED                                         Investigative ED
Approach               ...
Investigative eDiscovery
                                     How does it affect you?
Investigative eDiscovery is based
  ...
Concept Search

                   ?        Did you know?
                              Keyword Search




               ...
Concept Search

 • Attorneys and paralegals are not familiar with the terms in use
    – Many words can be used to mean th...
Concept Search

  Actively Researched and                How does it affect you?
    Developed Technology                 ...
Non-Linear Review

                   ?             Did you know?
                         Legal Review Productivity




 ...
Non-Linear Review

Traditional Linear eDiscovery
    – Grouped by source, custodian,
      date, etc.
    – Like documents...
Non-Linear Review
Key Statistics                              How does it affect you?
•   72% of attorneys say review is t...
Parallel Search

                  ?   Did you know?
             Keyword Search is still advancing?




         Term sea...
Parallel Search

Search                    How does it affect you?
 100,000 terms across         – Take the guesswork out ...
End-to-End eDiscovery

                ?        Did you know?
                          eDiscovery Vendors




           ...
End-to-End eDiscovery
          Single / Multi-Vendor
                                                                    ...
End-to-End eDiscovery
        Single Platform
                                                                         Pro...
End-to-End eDiscovery
• True End-to-End eDiscovery     How does it affect you?
  is:                                – Fast...
Cloud Computing

                  ?               Did you know?
                                  Cloud Computing




   ...
Cloud Computing

  Industry hype?
  • Today:
     – $56 billion
     – 3% of enterprises using cloud
  • By 2013:
     – $...
Cloud Computing

  Industry hype?
  • Today:
     – $56 billion
     – 3% of enterprises using cloud
  • By 2013:
     – $...
Cloud Computing

The Good
1. Lower Cost
   – Only pay for what you use
2. Scalability
   – GRID / MapReduce
3. Increased S...
Cloud Computing

The Good                             The Bad
1. Lower Cost                        1. Guaranteed service l...
Cloud Computing

                                       How does it affect you?
The Solution
                             ...
8 Things You Can’t Afford to Ignore

with eDiscovery                 ZL Technologies

1.   Early Case Assessment      • Ex...
Thank You




                         Brought to you by:
            Thank You

          John Wang
        jwang@zlti.com
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8 Things You Cant Afford To Ignore About eDiscovery

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8 Things You Can't Afford to Ignore About eDiscovery. Unstructured content is growing at an unprecedented rate, reaching 650% over five years, with Fortune 1000 companies managing petabytes of data. With electronically stored information (ESI) being formally covered under the Federal Rules of Civil Procedure (FRCP), organizations need new tools to effectively manage, analyze, and review ESI. This article presents 8 techniques and technologies that can be used to lower costs and improve litigation success.

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8 Things You Cant Afford To Ignore About eDiscovery

  1. 1. 8 Things You Can’t Afford to Ignore with eDiscovery AIIM 8 Things Series John Wang, CCP Brought to you by: Product Manager and eDiscovery Specialist jwang@zlti.com February 25, 2010
  2. 2. About ZL Technologies • Experts in Total Information Governance – Unstructured Content Archiving – eDiscovery – Compliance – Secure Email – Scalability & Low TCO via Private Clouds • Select Customers
  3. 3. About John Wang • Experience / Roles – 15+ years in Technology i Product Manager Solutions Architect Developer • Degrees – .. M&T MBA Computer Science Finance • Industry Participation EDRM AIIM LexisNexis • Project Leadership • Research • Certified • Search Guide proposal, Concordance Co-author execution, and Professional presentation
  4. 4. Agenda 1. Early Case Assessment 2. Data Mapping 3. Investigative eDiscovery 4. Concept Search 5. Non-Linear Review 6. Parallel Search 7. End-to-End eDiscovery 8. Cloud Computing
  5. 5. Overview ? Did you know? 5 Year Enterprise Data Growth Estimate 85% will be Unstructured! Sources: Gartner
  6. 6. Overview • ESI is discoverable • ESI volume is growing at 55+% annually* • Litigation is increasing – 42% US organizations expecting more litigation (from 34%)** – 83% US organizations have been litigated against in 2008** • Timelines have been shortened • How do we handle this is an affordable way? • Can we move from a reactive, bottom-up approach to a strategic, top-down approach? • This presentation shows us 8 technologies to do just that! Sources: * ESG ** Fulbright & Jaworski
  7. 7. Early Case Assessment ? Did you know? In-house eDiscovery Payback Period Sources: Gartner, Merrill Lynch
  8. 8. Early Case Assessment 3 Questions Item Achievement – Does the complaint have merit? Payback Period 3-6 months, – How much will this cost us? or 1 large IP case – What has the org learned? Litigation Success 76%** Overview Cost Reduction 50%** – Estimate risk to prosecute or defend a case Early Case Assessment Results – Formulate resolution in first 90 - 100% 120 days 80% – Examine key facts, allegations, 60% applicable laws and venues 40% – Analyze and assess potential 20% trial themes for both sides 0% – Pursue the best course Cost of E-Discovery Litigation Success Rate Without ECA With ECA Sources: ** Cogent Research
  9. 9. Early Case Assessment Traditional Post-Collection ECA Processing Preservation Information Identification Review Production Presentation Management Collection Analysis VOLUME RELEVANCE Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net Assess ESI after Collection, Preservation, Processing and Analysis
  10. 10. Early Case Assessment ECA “Now” Processing Preservation Information Identification Review Production Presentation Management Collection Analysis VOLUME RELEVANCE Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net Compress timeline and assess before collection, reducing processing, analysis and review
  11. 11. Early Case Assessment Deployment How does it affect you? – In-house eDiscovery – Resolve cases faster – Allows faster and – Resolve cases more iterative searching, favorably “going back to the – Reduce costs well” Action Plan Process – Evaluate solutions – Analysis – Try solutions on known – Visualization cases and case data – Evaluate results
  12. 12. Data Mapping ? Did you know? Fortune 1000 Data per Firm In potentially 100s of Repositories! Sources: Industry Sources
  13. 13. Data Mapping Required by Rule 26(a)(1)(B) Take Advantage of Rule 37(F) • “… a copy of, or a description by • Provides defense against category and location of, all sanctions for “routine, good-faith documents, electronically stored operation of an electronic information, and tangible things” information system.” • Requirements – Repositories The Three Ss of eDiscovery – Types of ESI per repository – Custodians – Retention policy – Preservation & disposition Spoliation “I’m Sorry” Sanctions – Legal hold enforcement – Collection method – Accessibility
  14. 14. Data Mapping How does it affect you? Integrated Data Mapping – Reduce sanction risk – Reduce overhead from 10 hrs to 30 min / week Data Mapping – Reduce costs – Automate collections and Legal Hold Notification legal holds – Work with BCP/DR and InfoSec/DLP Culling Action Plan Collection – Evaluate current solution and available solutions Legal Hold – Analyze options if there is a gap
  15. 15. Investigative eDiscovery Exclusionary ED Investigative ED Approach • Approach Cull by – Cull by Custodian Cull by Date Cull by Custodian – Cull by Matter Matter – Cull by Date – Roots in Forensics Cull by File type – Cull by File type Limitations Review • Benefits Review – Blunt tool – Finding highly relevant – De-selects on secondary information early in the characteristics process – Find relevance late in process – Finds information not – May need to go back to the necessarily tied to custodians, source late in the process e.g. file server data – More false negatives as the – Supports ECA collection grows
  16. 16. Investigative eDiscovery How does it affect you? Investigative eDiscovery is based – Higher Success Rates on the science of forensics, an older and more complete – Lower Information Risk approach than traditional via Wider Safe Harbor eDiscovery. – Better results New technologies make – Successful ECA Investigative eDiscovery a reality Action Plan again. – Evaluate past performance Key Technologies wrt initially missed – Billion document search relevant email engines – Calculate cost – Index in-place – Investigate options – Cloud / GRID scalability
  17. 17. Concept Search ? Did you know? Keyword Search Missed Relevant Documents Sources: Blair & Maron
  18. 18. Concept Search • Attorneys and paralegals are not familiar with the terms in use – Many words can be used to mean the same thing – Organizations often create special “code words” Subway Accident Subway Company Victims “unfortunate “Disaster” incident” “event,” “incident,” “situation,” “problem,” “difficulty”
  19. 19. Concept Search Actively Researched and How does it affect you? Developed Technology – Find more relevant documents – Discovery case facts faster Year Technique – Recommended by courts 1763 Bayes Theory and the Sedona (Bayesian Inference) Conference 1948 Shannon Entropy Action Plan (Shannon Information Theory) – Evaluate test cases 1951 K-Nearest Neighborhood – Get review teams involved 1988 Latent Semantic Indexing (LSI) for real world analysis 1999 Probabilistic LSI 2003 Latent Dirichlet Allocation
  20. 20. Non-Linear Review ? Did you know? Legal Review Productivity Increased Productivity from Non-Linear Review Sources: Deloitte, Industry Sources
  21. 21. Non-Linear Review Traditional Linear eDiscovery – Grouped by source, custodian, date, etc. – Like documents are scattered – 10,000s of docs / case Non-Linear Review – Grouped by concept, near- duplication – Easy navigation via Technologies visualization – Clustering – Less context switching – Auto-Classification – Better sampling – Concept Search – 1,000,000s of docs / case – Visualization
  22. 22. Non-Linear Review Key Statistics How does it affect you? • 72% of attorneys say review is the • Faster review drives most expensive part of ED – Lower costs • Review is up to 80% of ED costs • Can save $187,500 on a 1.5 M – Faster results doc case – Better results – Successful ECA eDiscovery Review Productivity Action Plan – Evaluate current Non-Linear Review process and costs – Justify investigation Traditional Linear Review – Review options 0 5,000 10,000 15,000
  23. 23. Parallel Search ? Did you know? Keyword Search is still advancing? Term searches – in seconds to minutes Source: Gartner
  24. 24. Parallel Search Search How does it affect you? 100,000 terms across – Take the guesswork out of billions of documents choosing keywords in seconds to minutes… – Run queries as simulations – Supports wildcard search, • Keywords proximity search, etc. • User names Action Plan • Email addresses – Review complex searches • Patent numbers – See if parallel search can • SSNs provide new insights that • etc… could not be economically performed before.
  25. 25. End-to-End eDiscovery ? Did you know? eDiscovery Vendors Offering Products and Services Sources: Socha-Gelbmann 2009 E-Discovery Survey
  26. 26. End-to-End eDiscovery Single / Multi-Vendor Processing Preservation Information Identification Review Production Presentation Management Collection Analysis VOLUME RELEVANCE Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net Typical Archive Initial Search Case Analytics Review tool 3.5 days to 3 days to 4 days to index 30TB index 1.1TB export 2M docs • 25% of vendors (150+) will disappear by 2011 • More vendors are entering eDiscovery than leaving
  27. 27. End-to-End eDiscovery Single Platform Processing Preservation Information Identification Review Production Presentation Management Collection Analysis VOLUME RELEVANCE Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net • No data transfer between initial collection, review, and production • No incompatibilities or inter-stage processing time delays
  28. 28. End-to-End eDiscovery • True End-to-End eDiscovery How does it affect you? is: – Faster – Single platform – More Reliable • Benefits – Lower Cost – Integrated Data Map & – Institutional Memory Legal Hold Action Plan – Single Collection – Evaluate current process – Enterprise-wide search in and costs review platform – Justify investigation – No intermediate – Review options Productions • Bottom Line – Cost and Time Savings
  29. 29. Cloud Computing ? Did you know? Cloud Computing Market Forecast by 2011 & 2013! Sources: Gartner, Merrill Lynch
  30. 30. Cloud Computing Industry hype? • Today: – $56 billion – 3% of enterprises using cloud • By 2013: – $150 billion market? – 50+% of email archiving in the cloud? Sources: Gartner, Forrester
  31. 31. Cloud Computing Industry hype? • Today: – $56 billion – 3% of enterprises using cloud • By 2013: – $150 billion market? – 50+% of email archiving in the cloud? The Good, The Bad, and The Solution … Sources: Gartner, Forrester
  32. 32. Cloud Computing The Good 1. Lower Cost – Only pay for what you use 2. Scalability – GRID / MapReduce 3. Increased Storage – Virtualized file system 4. Flexibility – Deploy new capability quickly 5. Automation – Less manpower requirement 6. More mobility – Inside and outside counsel
  33. 33. Cloud Computing The Good The Bad 1. Lower Cost 1. Guaranteed service levels – Only pay for what you use – Some have no guarantees 2. Scalability – Data not under your control – GRID / MapReduce 2. Security & shared tenancy 3. Increased Storage – Provider capabilities vary – Virtualized file system – Also may have no guarantees 4. Flexibility 3. Chain of custody – Deploy new capability quickly – Forensic examination? 5. Automation 4. Lock-in and pricing – Less manpower requirement – Ability to get data out? 6. More mobility 5. Current adoption – Inside and outside counsel – Only 3% of business users!
  34. 34. Cloud Computing How does it affect you? The Solution • Faster review drives Private Cloud Computing – Lower costs • What is it? – Better resource utilization – Cloud infrastructure deployed – Scales for one time in-house projects • Added Benefits Action Plan – Secure – Check internal cloud – QoS / SLA strategy IT Organizations Will Spend More Money on Private Cloud Computing – Run savings figuress Investments Than on Offerings From Public Cloud Providers Through 2012 Gartner
  35. 35. 8 Things You Can’t Afford to Ignore with eDiscovery ZL Technologies 1. Early Case Assessment • Experts in Total Information 2. Data Mapping Governance 3. Investigative eDiscovery 4. Concept Search – Unstructured Content 5. Non-Linear Review Archiving 6. Parallel Search – eDiscovery 7. End-to-End eDiscovery – Compliance 8. Cloud Computing – Secure Email – Scalability & Low TCO via More Information Private Clouds • http://aiim.typepad.com/ • http://www.zlti.com/
  36. 36. Thank You Brought to you by: Thank You John Wang jwang@zlti.com
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