A Litigator's Guide to Cloud-Based eDiscovery and Document Review

Christian Detrude
Lexbe
February 17, 2016
A Litigator’s Guide to Cloud-Based eDiscovery
and Document Review
Best Practices to Speed Production and Lower Costs

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Cloud eDiscovery and Document Review | Best Practices to Speed Production and Lower Costs | February 17, 2016
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We are an Austin, TX based eDiscovery software and services provider,
specializing in serving small & medium-sized law firms and
organizations. We provide:
● Cloud-based DIY eDiscovery processing & document review software
● High-speed ESI document processing and data conversion services
● Experienced eDiscovery specialists and expert consultants
Lexbe Sales
sales@lexbe.com
(800) 401-7809 x22
‘Cost-effective eDiscovery’ “A powerful litigation document
management service”
‘Secure, easy-to-use and a great
review tool for consideration’
About Lexbe

This webinar is available for viewing (streaming video), and is
downloadable as a PDF Presentation, or an MP3 podcast. This Webinar
and a complete listing of other onDemand webinars is part of the:
Lexbe eDiscovery Webinar Series
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Downloadable Resources

○ eDiscovery Solutions Consultant of Lexbe LC, a
provider of cloud-based litigation processing,
review and document management software &
eDiscovery services.
○ Certified eDiscovery Specialist, by the Association
of Certified E-Discovery Specialists (ACEDS).
○ Specializes in working with firms without a full in-
house department handling eDiscovery which are
involved in the type of complex litigation that
requires a high level of precision and eDiscovery
expertise to gain the advantage in the discovery
phase of trial.
Christian Detrude
800-401-7809 x55
cdetrude@lexbe.com
Christian Detrude Bio

● The Challenge of Big Data in Litigation
● What is the Cloud?
● How does Cloud Technology Apply to eDiscovery?
● Cloud Best Practices & Advantages By Case Stage
● Summary
Cloud eDiscovery and Document Review
Agenda

Digital Information Created, Captured, Replicated Worldwide5
3
1
2005 2010 2015 2020
Source: IDC Digital Universe Study
* 1 Zettabyte = 1 Trillion Gigabytes
Zettabytes*
2.8 zettabytes of information were created
and replicated during 2012, a 56% increase
from 2011 (IDC)
Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
DropBox | Backup Devices
Elastic Storage | SaaS | Google Streets
Personal Blogs | Skype | World Satellite Images
Personal Scanners | Customer Service Recordings
Public Webcams | Google Drive | Netbooks | Cloud Instance Servers | PaaS
The Big Data Challenge

● People are creating more digitally stored and accessible
discoverable material than ever before.
● Cases that used to have limited amounts of data collected in
discovery may now have many GBs.
● Not only is there more data, but there is a growing variety of
data types.
● Discovery is becoming increasingly technical and complex.
● It is very difficult for small and medium-sized firms to
internally staff and manage the technical expertise and
massive hardware needed to keep up.
The Big Data Challenge

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
Public Webcams | Google Goggles | Netbooks | Cloud Instance Servers |
PaaS
Case Data +
Access to
eDiscovery Tools
& Experts
Professionally
maintained, encrypted
remote servers
Secure, encrypted
internet connection
What is the Cloud?

What is the Cloud?

How Does Cloud Technology Apply to eDiscovery?
Accessibility -- Litigation teams can access case data and discovery
functions from anywhere with an internet connection.
Scalability -- Instantly deploy the resources necessary to complete
your discovery task. Bring capacity up and down as needed.
Speed -- More computers applied to your task results in faster
throughput. Move on to the next stage of discovery earlier.
Security -- Cloud infrastructure providers are the world’s foremost
experts in computer security.

Reduced Costs -- SaaS models help align costs with revenues; pay for
actual rather than estimated usage.
Streamlined Workflows -- Cloud eDiscovery solutions are often
integrated across case stages where traditional software solutions are
not. The risk of transferring data from program to program is alleviated
in the cloud.
Advanced Technology Available -- Predictive coding, near duplicate
detection, concept searching, and integrated foreign language
translation is available within cloud platforms.
How Does Cloud Technology Apply to eDiscovery?

● Cloud infrastructure allows authorized users to access case
documents and discovery functions from anywhere in the
world with a secure internet connection.
● Case teams can collaborate in real time with co-counsel and
experts.
● Many cloud systems offer greater flexibility in choice of
operating systems and browsers.
● Progress made by any one person will be instantly available
to any other case team.
Accessibility

Systems architecture allows cloud providers to increase server instances
to apply more resources to your discovery task
Traditional In-House Set-Up:
1TB to process to TIFF, 1 month to do it.
Internal Capacity: 10 dedicated servers
operating @ 2GBs/day
10 servers x 2GBs/day x 30 days = 600GB
And with any problems the job will not be
finished on time
Scalable Cloud Capacity:
Deploy 500 servers x 2GBs/day and finish
processing in 1 day
Scalable cloud discovery tools allow for
much improved throughput at less cost
and risk
Incoming ESI
Reviewable or
Production Ready Documents
Scalability & Speed

● Cloud infrastructure providers are the world’s foremost
computer security experts.
● All data is strongly encrypted in place and in transit.
● ISO security standards for cloud providers are incredibly
strict, thorough, and specialized. Much more stringent
standards than unregulated local machines.
● Cloud data centers also undergo grueling audits at very
regular frequencies.
● Redundant configurations make it very difficult to lose data.
Security

Data Center Certifications

Data Center Certifications
● AICPA SOC 1 - Attests that control objectives are
appropriately designed and the controls safeguarding client
data are operating effectively.
● AICPA SOC 3 - A public facing report demonstrating AWS has
met the AICPA Trust Services Security Principle and Criteria.
● PCI DSS Level 1 - Specifies best practices and various security
controls are in place regarding customer payment data.
● FIPS 140-2 - US government standard that specifies security
requirements for protecting sensitive information.
● ISO 27001 - Internationally recognized, third-party audited
confirmation that the security management program is
comprehensive and follows leading practices.

Excerpt From AWS Release (https://aws.amazon.com/resources/forrester-pc-learn-more/):
The Forrester Wave™: Public Cloud Platform Service Providers’ Security, Q4 2014
● Lexbe eDiscovery
software and
services are
supported by AWS
cloud
infrastructure,
recently named a
“Leader” in cloud
security by
Forrester Research
Security

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
PaaS
Option Potential Issues
Increasing Internal
Capacity:
● More resources dedicated to hiring, configuring,
and managing complex IT resources.
● Moves operational focus away from litigating.
● When discovery volumes decrease, there are
costly and inactive resources.
Purchasing Fixed
Volume External
Capacities:
● Doesn’t align firm costs with revenues.
● Requires litigators to “see the future” in order
to make accurate/cost-efficient buying
decisions.
● Often involve “user fees”, “start-up fees”, “case
fees”, etc.
● Associated with top-dollar processing charges.
● Prevents self-admin of simple, iterative tasks.
Reduced Costs

● In every month, this
firm has active cases
< 100GB
● But, there are
demand spikes
throughout the year
as a result of new
data intensive cases.
● How can you cost-
efficiently address
massive changes in
discovery volumes?
Legend
Internal Processing Need
Best Practices: Cloud eDiscovery | eDiscovery Webinar Series | June 11, 2015
Reduced Costs

● Building internal
capacity or buying
fixed external
capacities means
purchasing hardware,
software licenses,
and increased
staffing and
management
requirements.
● When internal
discovery needs fall,
these resources are
dormant, but still
expensive.
Legend
Internal Discovery Needs Fixed Discovery Capacity Inactive Discovery Capacity
Best Practices: Cloud eDiscovery | eDiscovery Webinar Series | June 11, 2015
Reduced Costs

Legend
Internal Discovery Needs Internal Discovery Capacity Scalable Discovery Capacity
● Developing internal
capacity to meet the
lowest consistent
needs reduces
inefficient spending
on non-scalable
solutions like local
hardware, software,
and staffing.
● Scalable/cloud
solutions allow you
to cost-efficiently
meet demand in
excess of your firm’s
consistent need.
Reduced Costs

Collected/
Received
Documents
Send ESI to IT
department/
external vendor
Load into
ECA
platform
Perform cull
based on
simple
metadata
extraction
Download
culled
collection
Process ESI
into review
format
Load Processed Data
into Review Platform
Review
Analytics?
Load into
analytics
system
Apply
Analytics
Load
Analytics
Results
Process to
agreed upon
production
format
Download
Production
Deliver
Production
to Opposing
Counsel
More Data?
Vendor sets up case,
users in review platform
More Users?
Traditional Workflow

Collected/
Received
Documents
Upload into
eDiscovery
Platform; self-
administer case,
users
Cull based
on full
content
extraction
Process and
fully extract
ESI for
culling and
review
Review
(Integrated
Analytics Tools)
Process to
agreed upon
production
format
Deliver Shared
Production link
to Opposing
Counsel
More Data?
Streamlined Workflow

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
PaaS
Planning
&
Collection
ECA
&
Culling
Processing Review Production
Processing
& Collection
Trial
&
Appeal
Goals
● Identify ESI Repository &
Custodians in a central database
● Remotely and Defensibly Collect
ESI
● Upload to Cloud Database,
Conduct Quality Control On
Collections
● Be prepared for discovery
conferences and for discovery to
proceed in the case
Cloud Benefits
● Case teams can access planning and
organizational tools from any web capable
device while preparing for legal holds and
discovery conferences
● Data collections are completed quickly
● ESI collections are securely and defensibly
conducted by e-Discovery specialists
● Data can be immediately uploaded to the
case database
Planning & Collection

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
PaaS
Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
Planning & Collection

Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
Cloud Benefits
● Integrated ECA reporting, pivot tables &
graphing of ECA collected by custodian, date
range, document type, etc.
● Cull faster by applying scaled server resources
● Cull based on full document contents rather
than just metadata
● Develop timelines, facts & issues early in the
case
● Reduce expenses by eliminating the need for a
separate ECA/culling module
Goals
● Analyze collected data to
identify potential collection
gaps
● Evaluate the risks associated
with the case
● Continue developing initial case
facts & issues, timelines
● Defensibly remove irrelevant
documents from the case
database
ECA & Culling

ECA & Culling
Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
● Instantly generate
incoming ESI pivot
charts and visual
graphs
● Export Early Case
Analysis data directly
to Excel
● Cull using scaled
server resources

Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
Goals
● Accurately and quickly process
ESI collected to prepare for
review and production
● Extract text from natives and
OCR images for optimal
searchability (Dual Index)
● Organize data for optimal
review process
Cloud Benefits
● Self-administer ESI processing with expert
assistance available; process in the cloud
● Apply massively scalable server resources
to increase throughput and move on to
review faster
● Avoid paying too much per GB processing
● Eliminate loading delays; documents are
available for search and review once
processed
Processing

Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
● Assign Case Participants and
automatically perform
optical character recognition
(OCR) on all incoming
documents
● Securely upload and process native
documents directly from your browser
Processing

Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
Cloud Benefits
● Scalable server environment supports
hyper-fast multi-language search results
● Move quickly from document to document
and apply multi-doc updates instantly
● Apply near-duplicate detection, and
predictive coding across massive
collections within an integrated
environment
● Self-administer new users and cases;
reduce expenses through leaner pricing
often associated with cloud SaaS
Goals
● Code documents accurately,
quickly & cost effectively
● Identify responsive, privileged &
attorney’s eyes only (AEO) ESI
● Search, ID, & issue code key
documents
● Utilize advanced eDiscovery
technologies to speed review,
improve accuracy, and reduce
risk of inadvertent privilege
waiver
Review: Fast, Comprehensive Search

Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
● Dual Search Index ensures that all of the contents of
a document are searchable and viewable
● Cloud infrastructure supports fast and thorough
search results
Index Method
Imaged/OCR Native
Extraction
Dual Index
Captures Embedded
Text
Yes No Yes
Captures Text
Excluded From Print
No Yes Yes
Captures Hidden Text No Yes Yes
Review: Fast, Comprehensive Search

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
PaaS
Planning
&
Collection
ECA
&
Culling
Processing
& Collection
Trial
&
Appeal
Goals
● Quickly convert documents into
production format
● Prevent inadvertent production
of privileged documents
● Defensibly produce all
responsive documents to
opposing counsel on time and in
agreed upon production format
Cloud Benefits
● Apply scalable cloud resources to quickly
convert ESI into relevant production
format
● Integrated analytics and production
functions reduce the risk of inadvertent
privilege waiver
● Deliver shared secure production link to
speed delivery and maximize review time
Production

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
PaaS
Planning
&
Collection
ECA
&
Culling
Depos
&
Motions
Trial
&
Appeal
Goals
● Organize key case issues and
facts by linking to supporting
case documents
● Create annotated and
highlighted document versions
to support deposition
preparation and analysis
● Update Facts & Issues and Case
Timelines based on depositions
and motion outcomes
Cloud Benefits
● Integrated case management functionality
maintains single database connection
between documents and case facts &
issues
● Rapidly create, edit, and download
annotated/highlighted versions of
documents
● Collaborate in real time with co-counsel,
independent of their location
● Dynamically update Fact & Issue timelines
based on deposition information
Depos & Motion Practice

Voip
Email
iPhones
Peer-to-Peer
Online Storage
Digital Cameras
Facebook | LinkedIn
PaaS
Planning
&
Collection
ECA
&
Culling
Depos
&
Motions
Trial
&
Appeal
Goals
● Maintain access to case
documents that may be brought
up by opposing counsel
● Allow rapid timeline updating
for live case testimony
● Maintain case data and
documents throughout the trial
and appeal process
Cloud Benefits
● Accessible and searchable document
repository is available at trial
● Timelines can be dynamically updated with
new testimony as it becomes available
Trial & Appeal

● Growing case ESI volumes present a major challenge to litigators.
● Traditional solutions lack the scalability needed to get in front of
this trend.
● For firms to maintain and expand their competitive presence they
need to be able to take on ESI intensive cases.
● Cloud technology and infrastructures have creative attractive,
secure, and scalable solutions that let litigators cost-effectively
handle ESI intensive cases.
● Cloud eDiscovery solutions should be flexible, integrated, and
feature-rich. They should also allow for self-administration, but
also provide access to technical and eDiscovery experts.
Summary

Christian DeTrude: cdetrude@lexbe.com
(512) 554-5714
Stu Van Dusen: svandusen@lexbe.com
(512) 686-3469
Webinar Questions: webinars@lexbe.com
Cloud eDiscovery & Document Review | Best Practices to Speed Review/Production & Lower Costs | February 17, 2016
Contact Info
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Please let us know if you have any questions or comments about this webinar or
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For further information about Lexbe, a demo or a consultation, please contact us
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Thank You For Attending
Thank You

Lexbe Sales
sales@lexbe.com
(800) 401-7809 x22
‘Cost-effective eDiscovery’ “A powerful litigation document
management service”
“Because of the Lexbe software,
the entire playing field has been
leveled for my firm.”
‘Lexbe cost advantages, SaaS
convenience and search capabilities
appeal to many small firms
“Lexbe is the easiest eDiscovery
software I have ever used’
‘Secure, easy-to-use and a great
review tool for consideration’
What Reviewers Are Saying
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