Baseball season is in full "swing". Check out this eDiscovery presentation that\'s sure to be a "home run"!

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

2. About Kevin Nugent 18 Years experience in Management & eDiscovery Services Consulted and worked for Xerox, Pitney Bowes, IKON, Lockheed Martin, Bayer… Spoken widely on the use of methods to minimize data and manage eDiscovery costs BS in Public Administration & Inter-Governmental Relations from Eastern Michigan University Has served as the Regional Director for Encore since 2007 Board Member , Cystic Fibrosis Foundation

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

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

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

8. Litigation Readiness Timeline 8

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.

14. Determine who the key Custodians should be

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

18. Data Acquisition and Analysis

19. E-Mail Reconstruction and Analysis

20. Data Quality / Reliability Audits

21. Transaction Anomaly Detection

23. Forensic Collection & Analysis 14 Active – "actively resides on user's hard drive" Archival – compiled in back-up tapes Residual – "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 & Analysis 16 Potential Risk Most Common Collection Methods Cost Self collection by corporate/internal IT staff Vendor collection of ESI making a copy MODERATE Vendor collection of forensic image of all relevant custodian units and servers HIGH Vendor collection of ESI forensically imaging targeted files (collaboration with client & vendor) MODERATE

27. Project “Kickoff Meetings”

28. Quality Control

29. Deadline Management

30. Communication, Reports, and Status Tracking

32. Development of effective search terms

33. Filtering Strategy

34. Concept Searching

35. Transparent Searching

37. Exclusion of system and non-relevant file types

38. Date range, keywords and document types filtering

39. Deduping and reduping

40. De-NISTing

41. Early case analytic assessment

42. Advanced culling techniques

43. Smart de-duping including email attachments and zips

44. Email threading and concept / person / time context

47. Suppress Redundant Email

49. Metadata

51. Leveraging Best-of-Breed Technologies Consulting: Data Collections, Forensics & Analytics Document Review Intelligent Culling and Analytics Pre-culling Filtering & Forensic Minimization Processing

52. Are these tools defensible? “Mushrooming volumes of ESI require us to rely more on automated search tools at the same time courts and opposing counsel are less willing to indulge the fiction that these tools perform in unskilled hands. The jig is up, and lawyers are now obliged to prove these proxies really work.” US Magistrate Judge Paul Grimm

53. Obstacles to winning in eDiscovery Clients that want to capture their own data Not having the Client, Outside Counsel and the ESI Service Provider on the same page Corrupt data The key drivers for managing eDiscovery and its costs are Volume of Data, Type of Data and your Time Frame Lack of communication within the team

54. Obstacles to winning in eDiscovery Custodians getting in the way because they are not available or have covered up data Not being able to see where you need to go – lack of information Reluctance to establish or seek out vetted eDiscovery resources, there is too much at risk not to

55. Questions & Answers Thank you for your participation! Kevin Nugent Regional Director 202.445.9343knugent@encorediscovery.com