TOP 10 E-DISCOVERY TIPS

1. TOP 10 E-DISCOVERY TIPS Tom O’ConnorGulf Coast Legal Technology Centerwww.gulfltc.org

2. Masters Conference • "Global Corporate Change - Navigating Discovery, Risk and Security," will be held October 13-14, 2009 at the Ronald Reagan Building in Washington, D.C. • Attendees will learn how to successfully manage the risks associated with high-profile scandals, security breaches, IP threats, increased litigation, audits and regulatory investigations • To learn more or to register: www.themastersconference.com

3. Rules of Conduct • This is a dialog • Type in your questions in the chat zone • Open to all attendees • Questions will be answered during designated Question and Answer times

4. Presenter: Tom O’Connor • Experience in asbestos litigation, the Keating case and various phases of the Enron litigation • Currently involved with the US District Court in New Orleans Chinese Drywall litigation • Member of the American Bar Foundation • Authored numerous articles and books on e-discovery, litigation support and legal technology.

5. AGENDA • The problem • The challenge • The solution

6. THE PROBLEM • Huge Amounts of Data • Enormous Costs • Tight Deadlines • Increased Use of Technolgy

7. THE CHALLENGE “don’t be a lost ball in tall weeds”

8. A SOLUTION

9. READ THE RULES ●Obligations Under FRCP ● Differences From State Rules ● Changes from Old Paradigm

10. READ the DECISIONS CASES BOOKS BLOGS WEB SITES

11. KNOW the TERMS Technical issues Technical terms Working with techies Explaining to Court

12. QUESTIONS? 12

13. KNOW WHERE THE DATA IS • Data Map • Custodians • OS • Applications • Data amounts • Use with Client • Use in Court • Impeachments • Explanations

14. TALK TO THE IT DEPARTMENT • Yours • Clients • Opponents

15. TALK TO RM STAFF Processing Preservation Records Management Identification Review Production Presentation Collection Analysis VOLUME RELEVANCE Electronic Discovery Reference Model www.edrm.net

16. HELP CLIENTS WITH RM POLICY

17. HAVE A LITIGATION HOLD POLICY

18. Enforce the Litigation Hold Policy

19. MEET WITH YOUR CLIENT ▪ Corporate Counsel ▪ Executives ▪ Staff ▪ Co Counsel

20. Thank You For Listening! Presenter Contact: toconnor@gulfltc.org Masters Conference: marilyn.gladden@themastersconference.com

21. Preservation Obligation A duty to preserve arises. Preservation Notices Legal hold notices are distributed Compel Compliance Users respond… Encourage Compliance Or… …or not LITIGATION HOLD PROCESS

22. Fios Preservation Manager ™ Fios Collection Manager ™ Fios Discovery Manager™ 1. Define parameters of preservation obligation 2. Collect relevant files not preserved by RMS 3. Aggregate in preservation repository with RM 4. Respond to specific Discovery Request for Production Send Preservation Notice Preservation Repository Request for Production RMS Legal Holds ECM Fios Preservation Manager™ Preservation Obligation

23. The Solution:Workflow Evidence Management Evidence Preservation Evidence Collection Evidence Processing Evidence Review Evidence Production

24. Evidence Collection • Rigorous audit and documentation standards to ensure defensibility • Flexible approaches (onsite, self-empowered, remote over the Internet) • Active (Desktops, Servers, Databases, etc.) • Archival (Back-up Tapes) • Forensic • Seamless integration with downstream processing for fast, accurate, cost-effective results

25. Evidence Processing • High capacity processing center • Accepts data in many formats • Automated culling & normalization of common and unusual file types • Process for targeted review platform • Efficient organization of data, mapped to custodian • Advanced de-duplication and spreadsheet handling capabilities • Detailed reporting

26. Evidence Processing

27. Evidence Processing Steps • File Inventory • Catalog or inventory each file to ensure verifiable chain of custody, data authenticity, and accountability. • Numbering • Assign a unique number to each file for complete file tracking (like an electronic Bates number). • File Fingerprinting • Capture each file’s unique “fingerprint” value. Used to accurately authenticate, de-duplicate, and remove operating system and application files from the collection (leverages NIST library of over 17 million MD5 hashes). • File Signature • Identify each file’s unique electronic file signature to ensure accurate file type identification and flexible file handling, regardless of the file extension.

28. Evidence Processing Steps • Decompress • Recursively decompress and extract files from compressed file archives (e.g., ZIP, TAR, JAR, etc.). • Extract Email • Extract individual email messages, associated file attachments, and metadata from email mailboxes. • File Culling • Eliminate files based on any number of criteria such as date range, file signature, keywords, etc. • Deduplicate • Identify duplicate files and then provide options for deduplicating, depending on source data and client needs. • Across backup tape sessions • Across entire data collection • Within custodian (or other data group designated by client)

29. Evidence Processing Steps • Deduplication • Identify duplicate files and then provide options for deduplicating, depending on source data and client needs. • Various sources • Across backup tape sessions • Across entire data collection • Within custodian (or other data group designated by client) • Near Dups • sections that are the same textually except for systematic substitution of one set of variable names and constants for another or other small modifications • sections that are the same textually except for systematic substitution of one set of variable names and constants for another.

30. Evidence Processing Steps • Index • Build search indexes for all electronic documents to ensure accurate and reliable search results. • Data Filtering • Jumpstart the review by filtering and pre-categorizing your data based any number of criteria. Use to find and categorize Potentially Privileged, Relevant, or Irrelevant data. • Convert & Render • Options include HTML or TIFF. HTML is the most efficient way to review within a web-based tool.

31. Web-Based Evidence Review • Secure access for any number of users, at any time, from any location • Scalable to easily manage large collections of electronic documents • Robust search and filtering • Bulk sorting and categorization • Advanced search capabilities • Easy duplicate handling • Chain oriented review for emails with attachments • Seamless integration tolitigation and case management software

32. Evidence Production • Options: • Export to .tiff • Publish to HTML • Produce native files • Output on paper

33. Loading and Indexing • CaseMap • Litigator’s Notebook • Ringtail • Access 5, 10, or 100 Gigabytes of Fully Searchable Data

34. Focus On People NOT Technology “Man is still the most remarkable computer of all”