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Lexbe eDiscovery Webinar- Best Practices: Litigation Timelining

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As the volume of discoverable data continues to grow, creating functional fact and issue timelines is more important than ever. During the early stages of litigation, timelines can help you develop eDiscovery strategies, identify collection sources, predict disputed facts and issues, and create a preliminary chronological relationship between case events. As your case progresses, timelines can assist you when preparing for depositions, motion practice, and conducting trial, as well. Associating key documents with timeline events allows you to track the truly critical evidence in your case.

http://www.lexbe.com/resources/ediscovery-webinars/best-practices-litigation-timelining/?LEX=slideshare

For a complete listing of our free onDemand presentations see our Lexbe eDiscovery Library here: http://www.lexbe.com/resources/ediscovery-webinars/?LEX=slideshare

The Lexbe eDiscovery Library is an educational resource including webinars, presentations, MP3 podcasts and other materials covering a variety of practical subjects involving legal document management and e-Discovery. Access is available and free on registrations to lawyers, litigation paralegals and legal assistants, in-house counsel, litigators, litigation support, eDiscovery IT, Information Technology, litigation support and related professionals, who are involved in legal document management, electronic discovery, deposition or trial preparation.

To receive notices of future live and on-Demand webinars as part of the Lexbe eDiscovery Webinar Series, please email us at webinars@lexbe.com or follow-us on LinkedIN: https://www.linkedin.com/company/lexbe

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Lexbe eDiscovery Webinar- Best Practices: Litigation Timelining

  1. 1. Best Practices: Litigation Timelining Gene Albert Principal, Lexbe LC Early Case Analysis, Witness Prep and Cross, Motion Practice & More August 28, 2014
  2. 2. eDiscovery Webinar Series ○ Takes Place Monthly ○ Cover a Variety of Relevant eDiscovery Topics ○ Presentations Available for Download by Registrants Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Info
  3. 3. eDiscovery Webinar Series Lexbe is an Austin, TX based eDiscovery software and services provider. ○ Lexbe eDiscovery Platform Lexbe eDiscovery Platform is a hosted eDiscovery processing and review tool. Users can load a common file types, process for review, OCR for search, and conduct document reviews, productions, prepare for depos & analyze transcripts, conduct case analytics, prepare for dispositive motions, and provide litigation support during trial. ○ Lexbe eDiscovery Services Lexbe performs large volume document culling, processing from native to Native extracted, PDF or TIFF, load file creation, high-volume OCR of image files, Rule 26 and eDiscovery consulting, and related eDiscovery Services. About Lexbe Lexbe Sales sales@lexbe.com (800) 401-7809 x22 Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  4. 4. If you have any questions or technical issues, please e-mail them to: webinars@lexbe.com Questions will be forwarded to Gene and answered during the webinar or via e-mail if we run out of time. eDiscovery Webinar Series Questions & Technical Issues Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  5. 5. ○ Principal of Lexbe LC, a provider of cloud-based litigation processing, review and document management software & eDiscovery services. ○ Frequent speaker and author on eDiscovery and legal technology issues. ○ Prior business experience in software, medical services and internet-based businesses. Prior legal experience as in-house counsel and in private practice. ○ eDiscovery consultant & expert testimony. ○ Education MBA, University of Texas (2005) JD, Southern Methodist University (1983) BA, University of Texas (1979) ○ Contact Gene Albert 512-686-3460 gene@lexbe.com Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 eDiscovery Webinar Series Gene Albert Bio
  6. 6. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Agenda ○ Why Timelining is More Important than Ever ○ Early Case Analysis - Timelines or Data Analysis ○ Why Timelining is Often Haphazardly Done ○ Good Timelining Software Should. . . ○ Timelining Uses ○ Examples ○ Conclusion
  7. 7. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Data Types and Volume Keep Growing Digital Information Created, Captured, Replicated Worldwide4 3 2 1 2005 2010 2015 Source: IDC Digital Universe Study (2012) * 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 Goggles | Netbooks | Cloud Instance Servers | PaaS
  8. 8. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Timelining - More Important than Ever ○ More Documents and Evidence + Vastly more data is captured and available than ever before. + Email, text, document drafts, etc., + Often provides a pretty complete record of contemporary thoughts and impressions. ○ Attorneys Less Involved in Documents Early + Use of junior or outside reviewers. + Too many documents, too little time. + Productions can now be completed without attorneys looking at key documents in detail. ○ Challenge of Finding the Key Documents + Still only a few really key documents, but harder to find now. ‘A pony in there somewhere’ ○ ‘Learn Case as You Go’ Does Not Work Anymore + In past, attorneys would ‘learn the case’ as the case proceeded
  9. 9. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Timelining - Advantages Early in Case ○ Find New Documents, Data Sources and Custodians + Key document and fact analysis lead to new document/data sources ○ Coordinate Witnesses with Evidence + Avoid witnesses being discredited ○ Tie Action Elements/Jury Instructions to Evidence + Do the facts in the documentary evidence support legal elements of the action? + Relate documented case facts to intended jury instructions ○ Build a Coordinated Case Story + Legal case consistent with the documentary evidence + ‘Story facts’ consistent with the documentary evidence
  10. 10. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Dangers of Bad/No Timelining ○ Your Witness Testifies Inconsistent with Evidence + Witnesses do not remember all the digital evidence + Witnesses have selective and favorable memories of past actions + Digital evidence must be examined and organized make consistent + Failure to do so risks your witnesses being compromised ○ Failure to Take Advantage of Opposing Witnesses + Opposing witnesses’ testimony and story should be tied down to avoid later fabrication and retelling + Attorney must have a good idea of the documentary evidence to be able to commit opposing witnesses’ testimony ○ Lose Opportunity to Value Case Early + Problem of ‘leaking bad facts’ over time. + Need for accurate ‘Early Case Assessment’ to be able to properly value your case.
  11. 11. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Timelining and Early Case Assessment ○ Ambiguity in Term ‘Early Case Assessment’ + Used two different ways ○ Original Use - Assess case facts and witnesses + Key participant and document ID + Witness interviews + Timlining ○ Recent usage + Quantitative analysis of incoming electronic stored information (ESI) + Statistical distribution of email and other case documents by time, custodian, etc. ○ Both valuable but different
  12. 12. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Why is Timelining Often Haphazard? ○ Attorneys Not Involved in Early Document Review + Attorneys not involved in early document collection and review ○ Timeline Delegation + Timelining left to junior associates or paralegals + Delegation important and beneficial, but can lead to senior attorney ignorance of key facts ○ Inadequate Tools + Often done in Word (WordPerfect) or on a legal pad + Limited searching and no dynamic updating + Limited or not document linking + Leads to ‘always out-of-date’ timelines of limited usage
  13. 13. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Good Timelining Software Should Be. . . ○ Easy to Use + Software-based & intuitive ○ Shared & Accessible + Limited value if accessible/maintained by only one person ○ Online & Secure + Allow access anytime and from home, on road, etc. + Fully encrypted and secure ○ Linked to Files/Evidence + Close tie-in with original documents, notes and coding ○ Allow Issue Coding, Filtering and Sorting + Organize and view by key participants, issue, date, materiality, etc.
  14. 14. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Timelining Uses ○ Witness Prep and Cross + Comprehensively prepare your witnesses + Be better prepared to cross and discredit opposition testimony ○ Transcript Analysis + Structured fact extraction is more functional than depo summary + Relate key transcript facts to other location in depo or other depos + Relate also to supporting exhibits and other evidence ○ Case Evaluation & Settlement Negotiations + Close tie-in with original documents, notes and coding
  15. 15. Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 Timelining Uses (more) ○ Client Meetings + Help clients during case progression to see how strong their case is. + Assists in maintaining a accurate ongoing case valuation. + Helps witnesses see how their testimony fits into the bigger picture. ○ Motion Practice + Dispositive motions happens quickly finding key evidence is challenging. + Having key evidence previously identified,organized and linked to documents allows for quick effective response. ○ Trial Support + Keep timelines updated during testimony allows for effective and fast cross and support. + Basis for Time-based trial graphics for juries and judges.
  16. 16. Timelining Best Practices Examples: ID Key Case Participants Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  17. 17. Timelining Best Practices Examples: Issue Creation Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 ○ Issue Creation from + Cause of action elements + Anticipated jury instructions + ’Story’ facts + For claims, defenses + For your and opponents actions
  18. 18. Timelining Best Practices Examples: Timeline & Depo Prep Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  19. 19. Timelining Best Practices Examples: Open Documents from Timelines Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014 ○ Link in Timeline opens document in Doc Viewer
  20. 20. Timelining Best Practices Examples: Assigning Docs to Deponents Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  21. 21. Timelining Best Practices Extract Facts from Depos & Exhibits Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  22. 22. Timelining Best Practices Examples: Fast Motion Practice Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  23. 23. Timelining Best Practices Examples: Find & Filter Facts & Issues Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  24. 24. ○ Timelining is More Important than Ever + Data is growing fast + Facts get lost in the sea of data + Attorneys are less involved in early review and production ○ Good Legal Timelining Software is Available + Structure by issue, case participants, materiality, etc. + Linked to actual documents + Online, assessable by legal workgroups and secure (encrypted) ○ Timelining can be Very Useful + Prepare and cross witnesses + Case valuation and settlement discussions + Client meetings + Prepare and respond to summary motions + Dynamic support during trial Summary Timelining Best Practices Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  25. 25. Lexbe eDiscovery Platform ● Self-administration ● Native (Office, etc.) processing ● Automatic OCR ● Early case analysis ● Dual-index search ● Exact & near-dup ID ● Doc Review & issue tagging ● Blended productions ● Transcript management ● Timelining, depo prep ● Dispositive motions ● Trial document management Cloud-based litigation document management software FEATURES Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  26. 26. Lexbe eDiscovery Services ○ ESI Culling+ Reduce ESI stores to manageable sizes with DeNIST, deduplication, date culling and keyword culling. Metadata extractions and PST reconstitution is available as well. ○ ESI Email Collection+ Flatten and extract native file attachments and metadata to create loadfiles in preparation for native or near native review. ○ Native Processing+ Convert native documents, including Outlook Email and Microsoft Office files, into TIFF or PDF format for searchability, bates stamping, and preparation for online review. ○ eDiscovery OCR+ Apply optical character recognition to increase searchability of PDFs, TIFFs, or document-formatted JPGs or PNGs. ○ NearDup Groupings+ Identify key documents, group similar documents, ensure consistency in privilege coding, and enable email threading. Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
  27. 27. Thank You Contact Info Gene Albert: Lexbe Principal gene@lexbe.com (512) 686-3382 Stu Van Dusen: Marketing Manager svandusen@lexbe.com (512) 843-7672 Lexbe Sales: sales@lexbe.com (800) 401-7809 x22 Webinar Questions: webinars@lexbe.com Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014

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