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building an ediscovery framework

building an ediscovery framework. Objective. Present an IT-centric perspective to consider when building an eDiscovery framework. Reality Check.

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building an ediscovery framework

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  1. building an ediscovery framework

  2. Objective Present an IT-centric perspective to consider when building an eDiscovery framework

  3. Reality Check “The reality of electronic discovery is it starts off as the responsibility of those who don't understand the technology, and ends up the responsibility of those who don't understand the law."

  4. EDRM Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net

  5. Challenges • Legal • Sound methodology • Process quality • Acceptable performance • Diverse and moving regulatory targets • Cost containment • Storing everything is costly and counterproductive • Outsourcing will not remove risks • Penalties are increasing

  6. Challenges • Technical • No single vendor meets all needs • Systems integration, interfaces • Search is more than keywords, it’s concepts and analytics • Massive, distributed and complex datasets • Must be iterable, measurable and transparent • IT being given 1 week or less to search millions of records • Human • Consistency of action and result • Misunderstanding of ediscovery needs/capabilities

  7. EDRM Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net

  8. Information Management • Information Lifecycle Management defines data life and actions (RM, legal, IT, exec) • Align business and legal information retention needs with IT policy and procedure • Business happens here Presentation Preservation Information Management Identification Review Production Presentation Collection Analysis

  9. Identification • Locate data to preserve and potentially disclose for a legal proceeding • Identify potential custodians and target data repositories • Consider forensic capture • Establish ranges and scope Presentation Preservation Information Management Identification Review Production Presentation Collection Analysis

  10. Preservation, Collection • Begins with duty to hold (nebulous and broad…) • Ensures ESI is protected against tampering, destruction and spoliation • Meet and confer • IT (non-legal) is now fully engaged • Data sources: mobile phones, PDA, voicemail, efax, scanned images, ECM, email, files, application servers, et cetera… (including metadata) Presentation Preservation Information Management Identification Review Production Presentation Collection Analysis

  11. Collection and Processing Risks • Over-inclusiveness (false positive) • Data not properly culled • Wasted time during critical project phase • Legal review time is $$$ per hour. • May share privileged/confidential documents

  12. Collection and Processing Risks • Under-inclusiveness (false negative) • Sanctions for noncompliance • Surprises at deposition or in court • May miss key data for defense or offense

  13. Processing, Review,Analysis • Pre-processing filter by custodian, date, strong file type, and file size. • People analytics to group custodians and communications • File analytics to dedupe and allow single review if multi-sources • Term analytics to capture relevant language content Presentation Preservation Information Management Identification Review Production Presentation Collection Analysis

  14. Production • Automated Bates stamps • Redaction (I’m going to use a lifeline…) • Index searchable text Presentation Preservation Information Management Identification Review Production Presentation Collection Analysis

  15. Presentation • Becomes difficult to review native files as applications are deprecated • Plaintext or HTML along with native version • Metadata, hidden rows, layers of content Presentation Preservation Information Management Identification Review Production Presentation Collection Analysis

  16. Iterative Process Improvement Source: Kazeon, H5

  17. ERDM Vendor Mapping Symantec Quest StoredIQ Source: Clearwell Systems (adapted from ERDM) * Search only ** Review and analysis only

  18. Summary • An eDiscovery framework is people, process and technology aligned to meet legal, regulatory and records management objectives. No one vendor meets all needs • Expect to make continuous and incremental progression • Integration of discrete parts is key • Common lexicon will aid communication

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