The Top Five Things You Need to Conduct Better eDiscovery
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The Top Five Things You Need to Know to Conduct Better eDiscovery (and avoid the Money Pit) March 29, 2016
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Transcript of The Top Five Things You Need to Conduct Better eDiscovery
The Top Five Things You Need to Know
to Conduct Better eDiscovery(and avoid the Money Pit)
March 29, 2016
Kelly TwiggerPrincipal of ESI Attorneys — Advises clients on all aspects of preparing for and conducting eDiscovery and IGFluent in legal, business and IT Co-author of Electronic Discovery and Records and Information Management Guide (updated annually), published by West Creator of eDiscovery Assistant™, virtual online eDiscovery Consultant for legal professionalsRabid Kentucky basketball and Packers football fan
Matthew StippichPresident, Professional Services, Digital Intelligence, Milwaukee, WI.Co-author of Electronic Discovery and Records and Information Management Guide (updated annually), published by WestUses the knowledge of digital forensics to provide creative ways to attack the challenges of litigation and eDiscovery Alderman, WauwatosaMulti-award winning chili cook!
Sarai GuerraSenior Vice-President, Professional Consulting Services at Ipro; previously Manager of Practice Support Operations, Latham & Watkins Works closely with law firms, corporations, service providers and government agencies to improve internal eDiscovery processes Strong technical background with 12 years in eDiscovery industryScuba diving country music fan living in California
A party has a duty to preserve information that may be responsive when it knows about or reasonably
anticipates litigation.
— Zubulake v. Warburg, 220 F.R.D. 212 (S.D.N.Y.
2003)
ESI Challenges
Volume of data (in GB)
Cost
Volume is directly tied to cost196.3 billion emails sent daily$1.4 million to handle 1 TB data
Poll Question:What types of matters are
you handling?
Answers A. General commercial matters/IP
B. Employment matters C. Regulatory investigationsD. Products Liability or Personal
Injury E. Divorce or family matters F. Other
#1Recognize that ESI
can exist in any size case
What ESI is Out There? Start thinking specifically about ESI
that may exist and locationsTake an investigative approach — consider Data Equality; organize data by type Technology is only one piece of the puzzle — applying legal thought is key
Sources of ESI
Word docs
agendaspowerpoints
photographsspreadsheets
Databases VideoAudio files
Text messages
Annotations in board portal
GPS data
social media
instant messages
#2Be Strategic About
ESI
Apply Litigation Strategy to Discovery
Identify the MONEY documents Avoid the broad, all-encompassing discovery requests Communicate internally and with the other side
#3Case Knowledge for ALL team members
is critical
Poll Question:What is your role within
the eDiscovery process at your organization?
Answers
A. AttorneyB. Paralegal C. Litigation Support Professional D. Service Provider or Consultant
Team — version 1
Partners Associates Paralegal Litigation
Support
Team — version 2
Lawyers Outside Providers
Team — version 3
Lawyers Litigation Support
Outside Providers
Define Team Roles Lawyers
Paralegals
Litigation Support
Outside Providers
case analysis, discovery strategy, custodian
identification, knows factsimplements discovery plan, needs to know facts; may
handle data handles data, needs to know what you are looking for and why; value
of casecollects/handles data, needs to
know what you are looking for and why; value of case and budget
Communicate with the Team
Lawyers
Paralegals
Litigation Support
Outside Providers
Scheduling OrderClient goalsPR ConsiderationsDate Range Key CustodiansTiming of MTD or SJ, etc.
#4Understand
eDiscovery Cost Structure
Poll Question:What is the average value
of the matters you are handling?
Answers
A. >10KB. Between $10K-$50KC. Between $50-100KD. $100K to $1 million E. More than $1 million regularly
Know What Costs You Can Minimize and Eliminate
Be thoughtful about preservation scopeECA can reduce cost significantlyUtilize remote collection/targeted collectionHave eDiscovery professionals provide input into what is collected
#5Identify Tools for
Use with Any Size Matter
Factors in Tool Selection How many cases/volume of data
annually? Internal resources vs. external — do you need PM/database mgmt? Identify client needs that you will support Budget — outright cost/ROI NO one size fits all
Collection FTK ImagerHarvestereCapture
Review Eclipse SEEverlaw Adobe NextpointLogikcull
ECA Proof FinderIntellaEDT
Cost-Effective Tools
***Understand the limitations of each tool***
Thank You to our Sponsor!
Participants can receive a 10% discount on Eclipse SE from
Ipro (regularly $750/license)
Visit https://my.iprotech.com/ESI_Promo.html
and enter code ESI10
Participants will receive a one month free trial to
eDiscovery Assistant™ — Your Virtual eDiscovery
Consultant
Speaker Contact InfoKelly Twigger
[email protected] @kellytwiggerwww.esiattorneys.com
Matt [email protected]
www.digitalintelligence.com
Sarai [email protected]
www.iprotech.com
Thank You!
