The document discusses the Electronic Discovery Reference Model (EDRM), which provides a framework for electronic discovery (e-discovery) processes. It outlines the typical stages involved, including identification, preservation, collection, processing, review, analysis, and production of electronic documents. The summary also notes that discovery costs, including review, make up around 70-80% of litigation expenses.

1. Electronic Discovery The EDRM - modified CTIN - November 2008

2. What is EDRM? Electronic Discovery Reference Model WIP e-discovery (ESI) standards Focus on consumers and vendors Can influence judiciary and court rules (civil and criminal) Covers Paper and Digital Records Classifies 3 metadata types File system Document (embedded) Email

3. IT and Forensics Legal Team

4. Information Mgmt, Identification, Preservation, Collection The previous presenters just covered those!

5. Processing (Paper and Digital) Metrics assessment How much data, data types, deadlines, staffing, vendors, budget, etc. 70-80% of litigation cost is typically discovery, mostly review Review platform assessment Co-counsel, reviewers, deposition access, client, experts (limited access), trial access , etc. Popular web-based platforms include iCONECT Popular in-house or web platforms include Concordance and Summation Paper processing Generally involves scanning, unitization, OCR, Bates numbers, coding, and load files Popular tools include iPro, Doculex, LAW, Nuix & ImageMaker (pay-per-click) Quality control OCR

6. Processing (Paper and Digital) Digital email and documents Load native files direct into Concordance, Summation, etc. Parse last 10 authors De-duping and culling (initial or secondary after collection) De-dupe within or across custodians, by hash, Message ID, visual (paper), other Culling by date, folder, type, etc. Quality control and chain of custody QC metadata during copying/transfer

7. Concordance Metadata Parsing Accessed Date -Omitted

8. iPro Metadata Parsing

9. Review Protocols Coding manual, workflow, key words, concept searching, redaction, privilege logs, QC, etc. Database types Email, documents, transcripts, production, expert, other Database configurations Fields, folders, tags, user permissions, backups, etc. Staffing Paralegals, associates, IT, interns, temps In-house vs. outsourced Billable hour vs. fixed price per doc Domestic vs. off-shore

10. Review Review for relevance and privilege (first pass) Reporting Perform redaction Maintain unredacted copies separately “ Burn-in” image redaction Redact OCR

11. Production Forms of production Per Meet & Confer Metadata, native files, TIFF, PDF, OCR Redacted material requires special production handling Privilege log, QC, etc. Single or rolling production Per Meet & Confer, court order, budget management, tactical, etc.

12. Production Media types CD/DVDs, external drives, etc. Metadata preservation during transfer

13. Analysis Incorporate other case materials RFA, interrogatories, deposition transcripts, expert reports, pleadings/motions, news items, websites, research, YouTube, etc. Focusing and enhancing review (second pass) Reporting Update protocols, modify staffing, focus issues and search parameters, categorize “hot docs”, etc.

14. Analysis Visualization Data mapping, timelines, etc. CaseMap, TimeMap, Analyst’s Notebook, Nuix, etc.

15. Presentation (Trial and ADR) Identify key case material Usually less than 5% of original discovery Limit number of issues for jury Transfer key material to presentation tool(s) Video deposition and transcript synching Sanction, Trial Director, Visionary, PowerPoint, etc.

16. Free presentation software Visionary is built on MS Access Use with Concordance & Summation load files, linked as viewer, or standalone Organize documents, audio, video, transcripts, etc. Network capable www.freevisionary.com

24. Questions? Chris Brown, CFE Electronic Discovery and Fraud Consultant