The document discusses strategies for managing eDiscovery challenges, highlighting the importance of readiness, planning, and collaboration among clients, outside counsel, and eDiscovery providers. It emphasizes effective data collection techniques, cost management, and the use of technology for defensible data handling. Overall, the goal is to minimize risks and achieve better case outcomes through proactive measures.

1. There’s No Crying In Baseball…or in eDiscoveryApril 30, 2010

2. About Kevin Nugent18 Years experience in Management & eDiscovery ServicesConsulted and worked for Xerox, Pitney Bowes, IKON, Lockheed Martin, Bayer…Spoken widely on the use of methods to minimize data and manage eDiscovery costsBS in Public Administration & Inter-Governmental Relations from Eastern Michigan University Has served as the Regional Director for Encore since 2007Board Member , Cystic Fibrosis Foundation

3. About Encore Discovery SolutionsFounded in 1995 as Lex Solutio in Phoenix, AZBecame Encore Legal Solutions in 2004 and Encore Discovery Solutions in 2008Private equity ownership (Frontenac Company of Chicago)Continued evolution of service offering in legal technology to a knowledge-based provider of electronic discovery servicesCompany is materially profitable and operates with no long-term debt

5. There’s No Crying In Baseball…or in eDiscoveryA View From The Dugout Of How To Deal with eDiscovery ChallengesApril 27, 2010

7. Winning In Baseball and eDiscovery Matters depend upon good “Defense” and good “Offense”Litigation Readiness=

8. Litigation Readiness Timeline8

9. 9Litigation ReadinessIs your client ready? Early disclosure

10. Meet & Confers

11. Rule 30(b)(6) depositions

12. Cost shiftingOur objective is to help our clients get ahead of the electronic discovery curve so they can control risk and costs and gain better case outcomes.

13. Part of Being Prepared Requires a PlanDeveloping an ESI Strategy The Client, Outside Counsel and the eDiscovery Provider need to be on the same page

14. Determine who the key Custodians should be

15. Review options going forward; cost sharing, cost shifting, data sampling

16. What resources and tools do you have availableProtecting your clients data at the Meet & Confer is the 1st step to establishing your position

17. Data Forensics and AnalyticsSurgically hitting the data “strike zone”Expert Testimony

18. Data Acquisition and Analysis

19. E-Mail Reconstruction and Analysis

20. Data Quality / Reliability Audits

21. Transaction Anomaly Detection

22. Money Laundering and Fraud DetectionForensic Collection & Analysis13MD5 Hash Value=

23. Forensic Collection & Analysis14Active – "actively resides on user's hard drive"Archival – compiled in back-up tapesResidual – "delete" doesn't really mean "delete""A deleted file is not a deleted file, it is merely organized differently." State v. Townsend, 2002 WL 31477600 (Wash. Nov. 7, 2002)Metadata – "data about data"

24. Knowing where your data resides, and performing a Smart Collection, allows you to side step obstacles

25. Forensic Collection & Analysis16Potential RiskMost Common Collection MethodsCostSelf collection by corporate/internal IT staffVendor collection of ESI making a copyMODERATEVendor collection of forensic image of all relevant custodian units and serversHIGHVendor collection of ESI forensically imaging targeted files (collaboration with client & vendor)MODERATE

26. Project ManagementGood project management and communication is at the core of every successful project. Project management best practices should be applied to every project for your firm to ensure a successful out come.Consulting and Design

27. Project “Kickoff Meetings”