Electronic Discovery 101 From ESI to the EDRM S
Comprehensive Overview of Electronic DiscoveryS Understanding Electronically Stored Information (ESI) S Defining ESI S SourcesS Understanding the eDiscovery Process S What is eDiscovery? S EDRM
What isElectronicallyStored Information? “All information on Computers” (Nov 2006, The Third Branch, for the federal courts) • Emails • Word documents • Spread sheets • Power point • Images • Data Bases • Archives • Deleted files • Data on servers & back up tapes • Tweets • Facebook posts • Text messages • Ims • Pinson pinterest • Etc.
What form Does ESI Take? Formats DescriptionsS Text Based S .doc .pdf .txt .wpd .xls .ppt .htmlS Images S .bpm .gif .jpg .tiffS Moving Images S .avi .mov .flv .mpeg .swf .wmvS Sound S .au .mp3 .mp4 .ra .wav .wmaS Web Archive S .ar .mhtml .warcS Other S UTF -8 (Unicode)
What constitutes Data and what is Metadata?S Data in the eDiscovery sense includes the content on the face of an email or document as well as any other information about the email or document.S Metadata is a broad term that encompasses all of the information about a document that is not visible to the user; data about data. This is structured information about an electronic file that is embedded in the file, but not normally visible when viewing a printed or on screen rendition of the document, that describes the characteristics, origins, usage and validity of other electronic files. This includes but is not limited to: S Data ESI was created S Date ESI was last modified S Custodian S Page Count S Bates beginning or ending numbers S To; From; CC: BCC S Date & time an email was sent S Subject S Date or time received S Child Records (attachments to an email)
What is Electronic Discovery?S E-discovery, short for electronic discovery, is the process by which litigants find (i.e., discover) and produce documents stored in electronic form in response to litigation, corporate investigations, or regulatory inquiries.
How is Ediscovery Done?S The Ediscovery process is often broken down into a multiphase model known as the Electronic Discovery Reference Model (EDRM). The nine components of the model represent steps in the EDiscovery Process.
Information Management & Identification Information Management: the steps taken by a corporation to control how their electronic data is stored and destroyed in an effort to manage volume of data and facilitate the identification of relevant data in the event that there is a discovery request. Identification: At the point that a corporation has “reasonable anticipation” of litigation the General Counsel must send out a Legal Hold to all people (Custodians) who may have data relevant to the case and having a strong Information management plan allows the corporation to readily identify where the information for each custodian resides and how best to preserve it.
PreservationS Once a corporation has a “reasonable anticipation of litigation” they have a legal duty to preserve information that is likely relevant to the case. Failure to do this, or executing this improperly results in “Spoliation” and can result in large sanctions or negatively impact a case. Preservation may require a company to diverge from their normal Information management practices.
CollectionS Collection is the acquisition of ESI in eDiscovery. Vendors image computers or copy ESI from the company computers, servers, etc. for the purpose of later processing and reviewing it for the anticipated litigation or government investigation.
ProcessingS Any operation or set of operations performed on the collected data to reduce the overall data set for review, production and subsequent use. External vendors are usually engaged to conduct this piece of electronic discovery. Processing may include: S Data or meta data extraction S De-duplication (removing duplicate ESI) S Filtering by key word or using advanced technology S Data conversion and load file production if necessary
Review Document ReviewS The culling process done by contract or full time attorneys with or without technological assistance to valuate collected electronically stored information, frequently for relevance and privilege; related activities such as redaction.S This is where Hudson often assists by providing managers to oversee and attorneys to conduct the reviews.
AnalysisS Analysis is the process of evaluating a collection of electronic discovery materials to determine relevant summary information, such as key topics of the case, important people, specific vocabulary and jargon, and important individual documents.S Analysis can and should be done on an ongoing basis concurrent with or even prior to review to ensure that relevant important information is used in fact driven case development.
ProductionDelivery of electronically storedinformation: To various recipients (law firm, corporate legal department, service provider, etc.) For use in other systems (automated litigation support system, web–based repository, etc.). On various media (CD, DVD, tape, hard drive, portable storage device, paper, etc.).
PresentationUltimately after the dataset is whittled down andreviewed and analyzedthe documents deemedimportant to the case willbe presented atdeposition, to opposingcounsel or at trial .
S At Hudson Legal we areHudson’s involved [via our strategic partners] from preservationRole to production. As a company we provide: S Project management expertise to manage the scope of the review, data review and analysis and assist with production. S Hudson also provides the people, space and infrastructure to conduct document reviews. S Hudson people QC and assist with second level review prior to production to ensure accuracy
Content QuizS Which of the below are part of the EDRM? S Review S Production S Deposition S CollectionS What Does EDRM Stand for? S Electronic Discovery Reference Model S Electronic Discovery Rule Matrix S Electronic Discourse Review Methodology S Electronic Discovery Reasoning Methodology
QuizS Which of the below are forms of ESI? S Twitter S Word Documents S Excel S MAC documents S Facebook profile S All of the AboveS Which of the below is Hudson Not Involved with? S Review S Production S Project management S Analysis S Presentation S None of the above
QuizS Which of the below is not Metadata S To; From S Subject line S Date Created S Text of the emailS Where can you find ESI? S Computer S Cell Phone S Server S Thumb Drive S Twitter S A and B S All of the above
AnswersS Question 1: Deposition is not part of the EDRMS Question 2: EDRM stands for Electronic Discovery Reference ModelS Question 3: All of the AboveS Question 4: PresentationS Question 5: Text of the emailS Question 6: All of the above