Allvision Computing Geldards CDR Conference E Disclosure – A Roadmap Andrew Haslam.

Allvision ComputingAllvision Computing

Geldards CDR ConferenceGeldards CDR ConferenceE Disclosure – A Roadmap E Disclosure – A Roadmap

Andrew HaslamAndrew Haslam


Scale of the ProblemScale of the Problem 98% of new information is stored 98% of new information is stored

electronically, 2/3 never printed.electronically, 2/3 never printed. By end of 2006, 60 Bn email By end of 2006, 60 Bn email

messages were sent each day.messages were sent each day. 60% of business-critical information 60% of business-critical information

is stored within corporate email is stored within corporate email systems, up from 33% in 1999.systems, up from 33% in 1999.


Economics of E-DisclosureEconomics of E-Disclosure Time costsTime costs

£3bn on litigation fees£3bn on litigation fees 20% of total time on document review = 20% of total time on document review =

£600m£600m Technology can reduce review time by up to 8Technology can reduce review time by up to 8 Potential saving of £500mPotential saving of £500m

DisbursementsDisbursements Process electronically once at £0.0x per pageProcess electronically once at £0.0x per page Photocopy many copies at £0.0x per pagePhotocopy many copies at £0.0x per page


Litigation Support ToolsLitigation Support Tools

Capture Prepare Present

Scanning, OCR, Coding Litigation Support

Courtroom SystemsEDD

Analysis Tools


Key Issues Key Issues CPR has changed.CPR has changed. Volume, Volume, Volume.Volume, Volume, Volume. Next generation of tools.Next generation of tools. Embedded personal data.Embedded personal data. When do I ask for external help? When do I ask for external help?


Current Case LawCurrent Case Law Not a lotNot a lot Hands v MorrisonHands v Morrison

Case shows importance of planning the Case shows importance of planning the edisclosure processedisclosure process

Douglas v HelloDouglas v Hello Case shows importance of email in Case shows importance of email in

establishing chronologies.establishing chronologies.


1 – Data Sources & Volumes1 – Data Sources & Volumes Need to allow enough time for:Need to allow enough time for:

Planning.Planning. Preservation.Preservation. Disclosure.Disclosure.

Client’s IT Infrastructure and Client’s IT Infrastructure and Strategy.Strategy.

Develop a search strategy.Develop a search strategy.


A document isA document is“ “ anything in which information of any description is anything in which information of any description is recorded and is not restricted to paper writings but recorded and is not restricted to paper writings but extends to anything upon which evidence or extends to anything upon which evidence or information is recorded in a manner intelligible to the information is recorded in a manner intelligible to the senses or capable of being made intelligible by the use senses or capable of being made intelligible by the use of equipment. This covers electronic documents, of equipment. This covers electronic documents, including email and other digital forms of including email and other digital forms of communication, word-processed documents and communication, word-processed documents and databases. The definition also includes edocuments databases. The definition also includes edocuments stored on backup systems and edocuments that have stored on backup systems and edocuments that have been ‘deleted’. It also includes that class of additional been ‘deleted’. It also includes that class of additional stored information associated with electronic stored information associated with electronic documents and known as ‘metadata’. documents and known as ‘metadata’. ””


Documents are:Documents are: efiles (Word, Excel PowerPoint).efiles (Word, Excel PowerPoint). Emails.Emails. Text Messages.Text Messages. Data on PDA’s, MP3 Players, Flash drives.Data on PDA’s, MP3 Players, Flash drives. Instant messaging (IM).Instant messaging (IM). Audio Files (and Mpegs).Audio Files (and Mpegs). Metadata.Metadata. Wikki’s and BlogsWikki’s and Blogs


External Expertise?External Expertise? High volume of relevant edocuments or High volume of relevant edocuments or

review material.review material. Allegations of fraud involving Allegations of fraud involving

edocuments.edocuments. Time-critical analysis of edocuments.Time-critical analysis of edocuments. Recreation of the historical state of PC.Recreation of the historical state of PC. Suspicion that edocuments have been Suspicion that edocuments have been

deleted or altered.deleted or altered. Regulatory body investigationRegulatory body investigation


2 – Ensure Preservation2 – Ensure Preservation Issue “Hold order” to client.Issue “Hold order” to client. Ensure client’s legal team and IT Ensure client’s legal team and IT

department are talking to each department are talking to each other.other.

Consider imaging PC’s, segregation Consider imaging PC’s, segregation of back-up tapes.of back-up tapes.

Check what the other side is doing.Check what the other side is doing.


3 – Reasonable Search3 – Reasonable Search Work out your search universe.Work out your search universe. Establish available filters/tools.Establish available filters/tools. De-duplication, key words, date De-duplication, key words, date

ranges, data custodians.ranges, data custodians. Agree parameters with the other Agree parameters with the other

side.side.


Technical SolutionsPro-Active

Original Volume (and Cost)

Efficiencies in E DisclosureEfficiencies in E Disclosure

Scope

Preserve

Gather

Process

Host

Review

Present


4 – Data Collection4 – Data Collection Consider privacy legislation – Consider privacy legislation –

“embedded data”.“embedded data”. Evidence destruction.Evidence destruction. Who conducts the collection?Who conducts the collection? Tapes as a last resort.Tapes as a last resort.


5 – Document Review5 – Document Review Depends on data and your IT Depends on data and your IT

capabilities.capabilities. Increasing scale and complexity Increasing scale and complexity

increases likelihood of external help.increases likelihood of external help. Talk to IT and PSL.Talk to IT and PSL.


6 – Production & Exchange6 – Production & Exchange Agree format with other side.Agree format with other side. Native v Tiff.Native v Tiff. Create disclosure list.Create disclosure list. BATES numbers / file naming BATES numbers / file naming

conventions.conventions.

Back into review process, emphasis on Back into review process, emphasis on case preparation.case preparation.


7 – Courtroom Services7 – Courtroom Services What facilities does the court have?What facilities does the court have? Laptops or link to web services.Laptops or link to web services. PDF bundles (with links).PDF bundles (with links).


EU PeculiaritiesEU Peculiarities Differing EU standards for data Differing EU standards for data

protection.protection. US compliance v EU Data protection.US compliance v EU Data protection. Consider jurisdictional implications.Consider jurisdictional implications. Multi-language documents Multi-language documents

(“Unicode” Litigation Support (“Unicode” Litigation Support systems).systems).


Federal Rule ChangesFederal Rule Changes O1 December 2006O1 December 2006

Mandatory early discussions.Mandatory early discussions. Identification of excluded data sources.Identification of excluded data sources.

Proportionality, though concept of “safe Proportionality, though concept of “safe harbour” didn’t make it through.harbour” didn’t make it through.

Encouragement of two tier approach, with Encouragement of two tier approach, with agreed exchange format.agreed exchange format.

Limited protection against inadvertent Limited protection against inadvertent Privilege production.Privilege production.


Practical TipsPractical Tips

Receive Receive edisclosure on a edisclosure on a CD/DVDCD/DVD

Make copiesMake copies If in doubt, ask for If in doubt, ask for

helphelp

Open email Open email attachmentsattachments

PrintPrint Turn on suspect Turn on suspect

machinesmachines

Do:Do: Don’t:Don’t:


TrendsTrends Steady rise in small – medium sized Steady rise in small – medium sized

cases.cases. ““Intelligent” initial data capture.Intelligent” initial data capture. Litigation Readiness.Litigation Readiness. Increasing partnerships with external Increasing partnerships with external

agencies.agencies.


Litigation Readiness Litigation Readiness ““Better fence at the top of the cliff”.Better fence at the top of the cliff”. Study to identify:Study to identify:

Policies for storing data.Policies for storing data. Where it is located.Where it is located. How would you retrieve it.How would you retrieve it.

How do you change?How do you change? Make the changes.Make the changes.


Available Partners Available Partners Consultancy:Consultancy:

Deloittes, KPMG, LECG.Deloittes, KPMG, LECG. EDD Suppliers:EDD Suppliers:

Kroll Ontrack, Lexis Nexis, Kroll Ontrack, Lexis Nexis, LDM, Legal Inc, nMatrix, Trilantic.LDM, Legal Inc, nMatrix, Trilantic.

Software Vendors:Software Vendors: Ringtail (FTI), IntroSpect (Zantaz),Ringtail (FTI), IntroSpect (Zantaz), iConnect, Summation, Concordance,iConnect, Summation, Concordance, Attenex.Attenex.


Indicative CostsIndicative Costs

Image a PC = £500 Restore a tape = £500 - £5,000

Analysis A

EDD B

EDD A

Lit Sup A £2,500 £3,000 --- £15,000 £20,500£0

£0 £252,000 £8,400 £260,400--- £0

£0 £5,000 £126,000 £21,000 £197,000£0

6 Month HostingProcess/Reduce

Index/Review DataSet

Up Reviewers TOTAL

£2,000 £250,000 £56,700 £328,800--- £2,100


Questions?Questions?

Andrew HaslamAndrew Haslam

[email protected]

07789 43508007789 435080

mailto:[email protected]

mailto:[email protected]

Allvision Computing Geldards CDR Conference E Disclosure – A Roadmap Andrew Haslam.

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