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Practical eDisclosure. Andrew Haslam. What is e-Disclosure?. e-Disclosure in a Perfect World. "If I have achieved anything it is on the shoulders of giants " Isaac Newton et al. At the start of a case, assess how much there is and where it is. Work out the best way to deal with it.
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Practical eDisclosure Andrew Haslam Allvision Computing
What is e-Disclosure? Allvision Computing
e-Disclosure in a Perfect World "If I have achieved anything it is on the shoulders of giants " Isaac Newton et al • At the start of a case, assess how much there is and where it is. • Work out the best way to deal with it. • Be prepared for the first CMC. • Technology is an aid, but not a silver bullet. Allvision Computing
What have we got? "Time spent in Reconnaissance is seldom wasted " Sun Tzu et al • e-Disclosure should be covered in your initial engagement letter. • Talk to the client's IT "department" as well as to the client (and in-house counsel). • Senior Master Whitaker's Questionnaire. • External experts. Allvision Computing
How do I use an expert? "There are none so blind as those, that will not see " Traditional • Take advice and give all the detail you can. • Draft a specific advice note including anticipated financial quantum. • Do this as one of the first things in the case. Allvision Computing
What can they do? "Any sufficiently advanced technology is indistinguishable from magic." Arthur C Clarke • Ask the right questions. • Conduct a data mapping exercise. • Harvest the data. • Refine it according to your requirements. • Tell you the size of the problem and the pitfalls to avoid. Allvision Computing
Practical Session 1 Allvision Computing Your client has sent you a memory stick with all the potentially relevant data. You want to know what is on it and how long / much will it take to process the information.
When do you do this? Allvision Computing
Basic Workflow Filter Filter Filter Remove unwanted files ( CAD/JPEG/.exe files) Remove unwanted data ( Amazon/Facebook/Admin) Who / What / When ( Custodians/Keywords/Dates) InitialVolume Process Refine Review Allvision Computing
Unwanted Files - 1 Allvision Computing
Unwanted Files - 2 Remove unwanted file types Allvision Computing
Unwanted Files - 3 Allvision Computing
Unwanted Data Select the type of email we want to look at Allvision Computing
Case Focus Select the people we want Allvision Computing
Initial Review Allvision Computing
Detailed Review Allvision Computing
Basic Workflow Initial Volume (20,696) Filter Filter Filter Remove unwanted files ( CAD/JPEG/.exe files) Process (11,337) Remove unwanted data ( Amazon/Facebook/Admin) Refine (5,677) Who / What / When ( Custodians/Keywords/Dates) Review (245) Allvision Computing
That's nowhere near Magic "Give us the tools and we will finish the job." Winston Churchill • Keywords • Clustering • Concept Search • Email Threads • Near Duplicates • Audio Searching • Predictive coding • Automatic Translation Allvision Computing
Keywords (The new battleground) "There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know " Donald Rumsfeld • Agree with the other side. (Digicel) • Need to know what you are dealing with. • Try to cut out the "noise". • "AND" is your friend, "OR" is the enemy. Allvision Computing
Practical Session 2 Allvision Computing You have to carry out a proportionate search which will give you the most cost effective results. Which is the best question? • Lord Jackson Cost Review • Lord OR Jackson OR Cost OR Review • I don't know
AND Allvision Computing
OR Allvision Computing
Practical Session 2 "Draco Dormiens Nunquam Titillandus" (Never tickle a sleeping Dragon) Hogwarts School Motto 1. = X, 2. = 20,000 times X Allvision Computing You have to carry out a proportionate search which will give you the most cost effective results. Which is the best question? • Lord Jackson Cost Review • Lord OR Jackson OR Cost OR Review
Clustering • Client had 33,000 documents to review (about 330 lever arch files). • Average review = 200 docs/day • 33,000 divide by 200 = 165 review days • Paralegal @ £100/hour = £700/day • Rough review cost = £115,000 Allvision Computing
Clusters 33,000 documents reduced to 11,000 Allvision Computing
Clustering Costs • 33,000 documents = 100,000 pages • 15p/page to scan & OCR = £15,000 • Process and host the data for 3 months = £5,000 • 11,000 documents = 55 review days = £38,500 • Total cost = £58,500 Allvision Computing
With Without Time (Days) 165 55 Cost £115,000 £58,000 Clustering Comparison A third of the time at half the cost Allvision Computing
Concept search Allvision Computing
Email Threads Allvision Computing
Near Duplicates Allvision Computing
Audio Searching Allvision Computing
Predictive Coding - 1 Allvision Computing
Predictive Coding - 2 • Area of great interest to Judiciary and vendors • Concept of "seeding" initial dataset and then finding similar documents. • Use in phased approach. • Key decision is where do you "cut off" the relevance and what you do with those items. Allvision Computing
Automatic Translation "The realisation of ignorance, is the beginning of knowledge" Chinese proverb Allvision Computing
The trouble with Metadata • In House Litigation support department passed data and images. • Electronic information collected by either client or external vendor. • ESI turned into Tiffs for disclosure exchange. • Only images exchanged, no OCR or metadata. "There's many a slip twixt cup and lip" Traditional Allvision Computing
The trouble with Metadata Allvision Computing
Summary • Address e-Disclosure up front. • If needed, get expert help (as soon as possible). • This is an opportunity as much as it is a threat. "Technology is a good Servant but a bad Master" Chris Dale, Andrew Haslam et al Allvision Computing
eDiscovery Tools(EDT) Clearwell iConnect DocuMatrix (Epiq) Attenex (FTI) Equivio Ontrack Inview (Kroll) Stroz Review (SF) Ringtail (FTI) Nuix Autonomy IntroSpect Recommind Relativity (PLT) Caselogistix Concordance Summation LDM Global Grant Thornton (Legal Inc) Merrill Legal Tech Huron Legal (Trilantic) Credits/Players Allvision Computing
Questions? Andrew Haslam Andrew.haslam@allvsion.co.uk 07789 435080 Allvision Computing