Lexbe eDiscovery Webinar- eDiscovery & Case Management for Disability Rights Advocates

eDiscovery & Case Management
for Disability Rights Advocates
Gene Albert
Principal, Lexbe LC
Handling Large Cases in a Collaborative Environment
with Hosted eDiscovery Review Software
June 26, 2014

eDiscovery Webinar Series
○ Takes Place Monthly
○ Cover a Variety of Relevant eDiscovery Topics
○ Presentations Available for Download by Registrants
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Info & Future

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 variety of 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 does large volume document culling, processing from native to
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

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.
Questions & Technical Issues

○ Current
Principal of Lexbe LC, an Austin-based developer and
provider of cloud-based litigation review and document
management software & eDiscovery services
○ Prior Experience
-Legal experience as in-house counsel and in private practice
-Business experience in software, medical services and
internet-based businesses
○ Education
-BA, University of Texas (1979)
-JD, Southern Methodist University (1983)
-MBA, University of Texas (2005)
Gene Albert bio
Contact
Gene Albert
512-686-3460
gene@lexbe.com
eDiscovery: Disability Rights Advocates

○ Periodic Document-Intensive Cases Outside Normal Systems
○ High Privacy and Security Obligations
○ Need to Conduct Doc Reviews/Productions Quickly
○ How Best to Collaborate with Co-Counsel on Cases
○ Staff and Co-counsel in Disparate Geographical Locations
○ Stretched Internal IT and Litigation Support Resources
○ Limited Training Resources for Attorneys and Staff
○ Budgetary Limitations and Need for Cost Efficiency
Common Issues Advocates Face

○ Inexpensive eDiscovery Processing, Hosting & Production
○ High Security, Encrypted Environment for Document Management
○ Fast & Easy Document Review Platform Option
○ Flexible Self-Administration Rights for Attorneys, Staff and Co-Counsel
○ Various Self-Serve and Guided Training and Best Practices Options
○ Cross-Platform, Standards-Based; JAWS Support
○ Low Cost and Predictable eDiscovery and Hosted Review Options
Available Case Management Tools

Is eDiscovery Data Increasing?
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

Why Are eDiscovery Costs Rising?
Increase in Collection Size per Custodian
Custodian Collection Size Increases
2005 2010 2015
2011
17.5 GBs per Custodian
(0.9 Million pages)
2008
7 GBs per Custodian
(0.5 Million pages)
30
20
10
5
GBs
Drivers of Processing Costs
○ More ESI data sources
○ More ESI stored
○ Increases in Custodian
ESI size
Outpaces Drops in per GB
costs
Source: Legal Technology Leadership
Summit (2011)

Cloud Document Review & Production
What is it?
● 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
Web-based litigation document
management software
FEATURES

Benefits
○ Flexible
Meet feature and workflow requirements of cases when needed.
○ Scalable
Increase and decrease usage depending on case needs.
○ Secure
Providers prioritize and specialize in encryption, security and recovery.
○ Low Maintenance
Eliminate up-front software licensing and server maintenance cost.
Reduce internal IT/Lit Support personnel costs.

Security & Data Ownership
What to look for in litigation cloud service offerings:
○ Encryption
Data encrypted (256-bit or above) in-place and in-transit.
○ Data Center Certifications
Data centers should be certified, follow industry best standards, etc.
○ Clear Ownership Rights
Service agreements should clearly acknowledge client data ownership.
○ Redundant Back-Ups; Recovery
Service provider should have robust and redundant backup & recovery protocols.

○ Follow and eDiscovery processes for most efficient and cost-effective
case management.
○ At each stage ask: What is being done? What are the drivers of
quality and cost? Would process and technology improvement yield a
better result?
○ eDiscovery processes should be matched to case needs, overall case
strategy and risk management.
Setup &
Planning
Collection
Culling &
Analysis
Review &
Production
Depos &
Motions
Managing the eDiscovery Processes
Processing

Getting Your Files In & Out of the Cloud
DIY or Send it In/Out
Self-Administration
-Fast
-No waiting
-Lower cost
-Best for smaller cases
Advantages of
Vendor Handles
-Expertise
-Capacity
-Focus
-Best for larger cases
Best to have both options

Getting Your Files In & Out of the Cloud
Download Case Documents

Manage the eDiscovery ‘Funnel’
ESI ID & Collection
EDA & Culling/Filtering
Review & Production
Use (Depos, Motions, Trial)
High Volume | Low Relevance
Low Volume | High Relevance<<
Tim
e
<<
Early Efforts
Here Result in
<<
<< Improved
Quality and
Reduced Costs
Here
<<
Document Review & Production

Incoming Types for Review/Production
○ Native Files
Outlook Email (PST, MSG), Office files (Word, Excel PowerPoint), Web (HTML),
Images (JPG, PNG, TIF) and most other common native files support. Container file
(e.g., PST, ZIP, RAR) & email (MSG) attachment expansion.
○ Conversion to PDF for Review; OCR
Supported file types automatically converted to PDF for review and OCRed. Native
versions linked & reviewable.
○ Extraction and Fielding of Metadata
Email: Sender, receivers, date, time & subject; Other files: Author, date last
modified, and other metadata extracted and fielded in litigation database.
○ Indexing for Fast Search
Search index optimized for fast retrieval (usually seconds).

Advantages of PDF for Review
○ Portable
No need for additional local software to view files. Viewing in native alone can
slow reviewers. Easily printed for depos, etc.
○ Bates Stamping
Documents can be bates stamped and pages specifically identified using a variety
of software tools.
○ Easy to Work With
Single file (compared with single page TIFFs with separate text files, load files).
○ Increased Searchability
Applying OCR to PDF files makes most data searchable.
○ Native Integration
Native files linked to record for access when needed; TIFFs can be created as part
of production step.

Document Viewing - Multiple Versions
○ Hits - Highlighted from
search
○ Original - Native if
available
○ HTML - Extracted text from
Native
○ Page - One page at a time
○ PDF - Viewing & access
○ Text - OCR of images
○ Redacted - Confidentiality
○ Annotated - For depos

Pre-Built & Custom Fields/Tags
Built-In Fields
-Immediately usable
-Integrated workflow
-Leverage best practices
-Wheel ‘already invented’
Custom Fields
-Issue coding
-Reviewer assignment
-Add’l filtering/sorting
-Unlimited in number/use
Best to have both options

○ Match Methodology and Case: Case size/type/budget will drive which
review method is preferable in any given case.
○ Linear Review: Read, review, and code all documents, one at a time.
Comforting but not cost-effective or even possible in larger cases.
○ Keyword Search: Using search keywords to identify responsive and
privileged documents. Accurate and cost-effective if done correctly.
○ TAR: Technology assisted review/predictive coding. Manually review a
seed set of documents to train computer algorithm that will
automatically code the remaining documents.
Review Methodology Options
Setup &
Planning
Collection
Culling &
Analysis
Depos &
Motions
Review &
Production
Processing

Setup &
Planning
Collection
Culling &
Analysis
Depos &
Motions
Review &
Production
Watch out for Inadvertent Privilege Release
○ Larger cases have put a strain on accurate privilege review.
○ Finding 24 versions of a privileged document doesn’t help if
you release version 25.
○ Nothing is more costly than compromising or losing a case
because of privilege disclosure.
○ Claw-back agreements a good idea, but no panacea.
“You can’t unring a bell.”
Processing

Setup &
Planning
Collection
Culling &
Analysis
Depos &
Motions
Review &
Production
Minimizing Risk of Privilege Release
○ Understand the Privilege Review process undertaken in detail.
○ Build dictionary of privileged sources and issues early in doc review.
○ Check for: insufficient review time; undertrained review; unsearchable
documents; incomplete search indices; poor redaction controls;
privilege text retained in natives, text files, and load files.
○ Use specialized computerized privilege checks for container (email
family) consistency, exact-dup and near-dup identification.
Processing

○ With a Dual-Index approach the search engine indexes both text
extracted from Native files (email, attachments, spreadsheets,
etc.) and imaged file OCR text (TIFF, JPG or PDF).
○ Most comprehensive approach minimizes potential for lost and
unsearchable data.
Better Search with Dual Indexing
Index Method
Captures
Embedded Text
Captures Text
Excluded From
Print
Captures
Hidden Text
Imaged/OCR Yes No No
Native Extraction No Yes Yes
Dual Index Yes Yes Yes
Benefits of Dual Index Approach

Linear Review Workflow

Keyword Searching Workflow

Redaction

Privilege Log From Metadata
Privilege Log Auto-Creation
-Metadata extracted from natives
-Email date/time, sender, receiver, subject
-Privilege and Work Product coding used
-Privilege log automatically generated for review
Faster Log Creation
Greater accuracy

Delivery Options
What to look for in production delivery functionality:
○ Flexible Output Format
-Produce TIFF, PDF and/or Native depending on requests/requirements.
-Load files (metadata and other information) in common formats (Lexbe Excel
load file, Concordance, Relativity & iConnect DAT and Summation DII)
○ Bates File Naming & Embossing
-Flexible Bates naming and numbering
-Confidential/Protective Order/Atty Eyes Only
○ Advantages of Including Natives
-Best rendition of what custodian saw
-Spreadsheets, other types paginate poorly
-File metadata
-Ability troubleshoot password, corruption issues
-Ability to open unusual file types with local apps
Flexible delivery functionality
reduces needless discovery
disputes

Issue Coding
Preparing for Depositions

Search & Review
Basics
-Accurate
-Fully indexed
-Easy to Use
Better
-Many search options
-Concept
-Fuzzy & stemming
-Boolean
-Keyword highlighting
Search Requirements
Best
-Very fast (returns in
seconds)
-Dual indexing of
natives/paginated

Multidoc Edit for Fast Issue Coding

Who’s on First: Key Case Participants

Timelines for Depo Prep

Assigning Docs to Deponents

Ready for Dispositive Motions
Extract Facts from Depos & Exhibits

Categorize Facts for Fast Motion Practice

Find & Filter Facts & Issues

Trial
Using Cloud Review Tools at Trial
What to look for in trial functionality:
○ Document Archive & Access
-Cloud-based system allows you to access any case document during trial
-Fast search for timely cross, etc.
○ Dynamic Timelines
-Update new facts developed in trial testimony
-Update timelines on the fly
-Identify supporting/contradicting evidence
○ Presentation Materials
-Documents, facts & issues can be exported for Trial Director, Verdict and
other presentation programs

Disability Rights Ohio
impaired student against Miami University alleging
discrimination.
Issues
Disability Rights attorneys, staff, and outside counsel
collaborating from separate states sought a highly secure and
sophisticated, yet easy to use, review solution with the ability
to create productions themselves - while also meeting tight
deadlines.
Solution
Disability Rights Ohio chose Lexbe eDiscovery Platform to
deliver an intuitive cloud-based solution that allowed
advocates across the United States to coordinate and
accelerate their review efforts in a secure, full featured
environment with production control.
We have found Lexbe to be
a very responsive and
helpful eDiscovery partner.
Lexbe's review tool gives our
internal staff and co-counsel
a shared work environment
to speed document review
and productions in large
document cases. Lexbe has
been an excellent, cost-
effective solution for our
needs.
Kerstin Sjoberg-Witt
Legal Director
Disability Right Ohio
Case Situation
Disability Rights Ohio, along with
outside counsel Brown Goldstein
Levy, filed suit on behalf of a visually
Case Study

Summary
Solutions for Disability Rights Advocates
○ Be Able to Pursue Large Cases
Costs and goals are aligned as Disability Rights Organizations can take a big case
when needed without the capital and personnel costs associated with a large,
standing in-house litigation support department
○ Be Reviewing Fast
Documents can be loaded, processed and indexed in days from an order
○ Leverage Best Practices
Leverage industry best practices regarding security, ESI workflow, search, review
and productions, as that is built into the software design
○ Level the Playing Field
Cloud technology enables Disability Rights Organizations to meet larger firms head
on and not be ‘out-gunned’

Resources
Lexbe Educational Resources
Available at www.lexbe.com
○ eDiscovery Webinar Series
Each month, Lexbe delivers eDiscovery webinars for litigation professionals to
learn more about specific legal technology issues and processes from industry
experts.
○ eDiscovery 101 Library
Read articles about a wide range of subjects, terms, and concepts related to
eDiscovery.
○ eDiscovery Calculator
Determine how much data you really have to manage.

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- eDiscovery & Case Management for Disability Rights Advocates

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