1. eDiscovery Management
Best Practices Workshop
Summary Report for:
3/18/05
Sponsored by:

2. E-Discovery Best Practice Workshop Summary Report – 3/18/05 2
© 2005 Renew Data Corporation Confidential
WORKSHOP DESCRIPTION
The legal, logistical and technical challenges of electronic discovery continue to compound at an
alarming rate. The technology, strategy or vendor that was a “no-brainer” 6 months ago may not be
working optimally today.
In order to assist our customers, RenewData is sponsoring a series of Electronic Discovery
Management Best Practices Workshops in Austin, TX. The idea for implementing the workshops was
developed by Alan Brooks, VP of Marketing at RenewData after reviewing the Socha-Gelbmann 2004
Electronic Discovery Survey. The purpose of these workshops is to foster networking and knowledge
sharing between legal professionals.
Following is a full report, available only for attendees, of the material compiled from the workshop
conducted on March 18, 2005.
WORKSHOP ATTENDEES
Linda Alele, lalele@omm.com, O’Melveny & Myers
Wayne Barth, wayne.barthe@fmr.com, Fidelity Investments
Keven Hayworth, keven.hayworth@mto.com, Munger Tolles & Olsen
Rich Pachella, rpachella@crowell.com, Crowell & Moring
EJ Rankin, erankin@reedsmith.com, Reed Smith
Jim Wright, james.wright5@halliburton.com, Halliburton
WORKSHOP RULES AND FORMAT
The attendees were asked to prepare the following information for the workshop;
• 5 minute overview of each organization
• Top 3 challenges each organization is facing relating to electronic discovery
• Top 3 questions each participant wants to ask other workshop participants
The workshop was conducted in a round table format with a moderator. The actual agenda for each
workgroup was custom created based on the top questions and problems each group wanted to
discuss.
CHALLENGES
The challenges identified by attendees at the workshop were:
• Costs
o Sticker shock
o Justifying the cost to either preserve or clean up
• Education
o Finding law firms that are knowledgeable in the field of e-discovery
o Educating attorneys on e-Discovery
o Lack of understanding of e-Discovery by clients
• Vendor Management
o Setting up a preferred vendor agreement
o Liability concerns for vendor actions if they provide a preferred vendor list to clients
o e-Discovery standards for vendors…what you receive from them is never consistent
• Organization
o Getting attorneys together on the management of data
o Managing the flood of data coming into the firm
o E-doc retention and destruction policies - too much data because nothing is ever deleted,
they want to be able to get rid of data
o Not knowing what they have to preserve, re: Zubalake

3. E-Discovery Best Practice Workshop Summary Report – 3/18/05 3
© 2005 Renew Data Corporation Confidential
• Process
o Finding all forms of communication data (blackberries, palm pilots, IM, etc.) and justifying
the need to collect all
o Getting everyone to agree on search terms
o Storage issues, both in house and outsourced and how to search across all
o Review tool uniformity
PEER QUESTIONS
The questions asked by the attendees at the workshop were:
• Costs
o Is charging a negligible fee to corporate clients for law firm storage okay?
• Vendor Management
o How have you handled preferred vendor selection?
• Organization
o Have you had to make infrastructure changes and how have you done it?
o What are you doing about preservation holds?
o How to handle document destruction?
o Is there a way to manage preservation holds?
• Process
o What procedures and tools are being used for auditing?
o Has anyone had to deal with Bloomberg and how do you produce?
o What tools do law firms use for remote access?
o How much data do you process in house and how much do you outsource?
o What is a duplicate? Is there a standard definition?
o How are people dealing with uniformity from multiple review tools?
o Is there such a thing as a perfect review tool?
BEST PRACTICE SOLUTIONS DISCUSSED
The following best practice solutions were given to the challenges and questions above that were
discussed by attendees;
• Retention/Destruction Policies
o It is a long process and needs to involve individuals from most of the departments
o Strategize and come up with a way to enforce a policy
o One attendee’s company puts blocks on information so employees cannot save it
• Education
o Actively push clients toward retention and preservation policies
o Actively push attorneys in your firm to attend more seminars and discussions on e-
discovery
• Document production
o Have a document production task force for working with clients on production options
• Remote Access
o The most commonly used tool for remote access is I-Connect
• Duplicates
o Concordance was suggested for finding duplicates, as well as Syngence along with
Concordance
o Definition of a duplicate can be multiple things, so put any parameters you want in place
to depict the definition

4. E-Discovery Best Practice Workshop Summary Report – 3/18/05 4
© 2005 Renew Data Corporation Confidential
• Preferred Vendor Selection:
o Have a list of vendors only, not a ‘preferred’ vendor list
• Storage
o Everyone agreed that it would be reasonable to charge a small fee for storage costs to
help the expense of the loads of information being stored in-house at the firm
• Standards
o Attendees suggested there needs to be clarification among vendors and a list of standards
they will all follow
• Review Tools
Everyone agreed that there was not a perfect review tool. When asked, the attendees came
up with the following list of characteristics for the perfect tool.
o Native format/TIFF on the fly
o Workflow case management/Quality control
o Good/Useful reporting
o Hosted and licensed
o Strong Production Management/Family treatment
o Configurable/Custom review screens with triggers
o Field level security and audit trails
• Foreign Language Documents
o Systran translation engine and True Data were suggested
FUTURE WORKSHOPS
When asked what they would want from a future Master’s class the following suggestions were given;
• Build a list of Best Practices
• Create a hypothetical litigation case, discuss in small groups, then share solutions about how each
group would handle the case
ABOUT THE SPONSOR
RenewData® is a leading technology provider of electronic evidence services and preservation
archiving for corporations and law firms that need immediate reactive and strategic proactive solutions
for litigation and investigations. RenewData’s foundation is legal expertise, featuring litigation
response planning, forensic investigation services, litigation production services and Daubert-
challenged expert witness services. RenewData’s unique approach integrates legal services with
patent-pending technology to enable high speed, high volume processing of data from legacy or
complex backup or computer systems. For more information, visit http://www.renewdata.com or call
888.811.3789.