EDRM in the Era of Big Data


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Big data is only getting bigger. It is projected that organizations will need to deal with 50 times more information by 2020 than they are managing today. Learn how to leverage resources at each stage of the EDRM to address real problems faced by professionals dealing with Big Data.

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EDRM in the Era of Big Data

  1. 1. The EDRM in the Era of Big Data EDRM in the Era of Big Data
  2. 2. Proprietary2
  3. 3. Discussion Overview  Big Data is Only Getting Bigger  Electronic Discovery Reference Model: Technology & Tips 3
  4. 4. Big Data is Only Getting Bigger 4 Source: Cisco, The Internet in 2015 is the Dawn of the Zettabyte Era A zettabyte is approximately one trillion gigabytes! IDC projected that the total amount of global data in 2012 reached 2.7 zettabytes
  5. 5. Big Data is Only Getting Bigger 5  Organizations will deal with 50 times more information by 2020 than they're managing today. » Source: IDC, The Digital Universe (2011).  From a litigation perspective, 1 in every 3 corporations involved in ediscovery averaged more than 2.5 terabytes of data per legal matter in 2011 – a 20% increase in the last 3 years. » Source: IDC, Leveraging Cloud-Based Delivery Capabilities for Do-It-Yourself (DIY) eDiscovery (Feb. 2012).
  6. 6. Electronic Discovery Reference Model: Tips & Technology 1) The Importance of Information Management 2) Identification & Early Planning 3) Information Lockdown: Preservation & Collection 4) Processing, Review & Analysis 5) Perfecting Production
  7. 7.  In the era of Big Data, the solution is not to preserve everything » Preservation should be viewed as an exception to the status quo  To prevent inefficiencies and risks caused by duplicate copies and over- retention, you must balance the need to retain required records, but simultaneously dispose of non- essential data. 7 The Importance of Information Management
  8. 8. Identification & Early Planning  Rule 26(f): » Directs the parties to “discuss discovery of electronically stored information during their discovery- planning conference”  Rule 16(b): » Designed to help both the parties and the court prepare for electronic discovery issues at the outset of litigation 8
  9. 9.  Courts often look to steps the plaintiff has taken to commence litigation » The Sedona Conference, Commentary on Legal Holds: The Trigger and The Process  The duty to preserve is often triggered before litigation commences because plaintiffs control the timing of litigation » Pension Comm. v. Banc of Am. Sec. Information Lockdown: Preservation & Collection 9 When is litigation π Δ Courts often pry into the information the defendant has received indicating it is the target of a lawsuit » The Sedona Conference, Commentary on Legal Holds: The Trigger and The Process  Unequivocal notice of impending litigation not required » Goodman v. Praxair Servs. Inc.
  10. 10. Information Lockdown: Preservation & Collection  Identify data sources and preserve appropriately: » Preserve pertinent ESI upon reasonable anticipation of litigation » Avoid rendering data inaccessible » Create and maintain a data storage directory and use it to identify, locate and ascertain the accessibility of responsive data » Enlist the help of individuals who are properly trained in handling digital data to avoid questions regarding completeness or accuracy of data collection » Special consideration: data stored in the “cloud” is raising new preservation risks & obligations 10
  11. 11.  Key benefits: » File identification » Effective keyword searching » Elimination of blank and duplicate documents » Segregation of potentially privileged documents » Flagging of very large files 11 Responsive Non-Responsive Privileged Processing, Review & Analysis
  12. 12. Processing, Review & Analysis  Many search tools on one belt: » Keyword search – Requires exact match (“baseball AND glove”) » Concept search - Allows users to enter a keyword or phrase and obtain conceptually related items (doesn’t require direct syntactical match) » Topic grouping - Groups similar documents and labels them for quick identification » Near duplication – Identifies redundant, nearly identical documents » Email threading - Reviewers can identify, group and review e-mail conversations based on content » Technology-assisted review – Involves training a computer to make responsiveness decisions on unreviewed documents 12
  13. 13. Perfecting Production Pros Cons Paper Review  Familiar to many attorneys  High print costs  Can’t search Native Review  Reduced document processing costs  Search capabilities  Potential loss of metadata  Can’t redact  Can’t Bates TIFF Imaging  Metadata preserved  Search capabilities  Redaction capabilities  Important parts of documents not visible  High costs Online Repository  Preserves metadata  Allows advanced searching  Can handle multiple production formats  Cost  Portability of documents 13