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Emerging Trends of EDD in National Business Models Government Sector’s Perspective

Emerging Trends of EDD in National Business Models Government Sector’s Perspective. May 4, 2006 Gigi Pereira, Senior Account Manager SRA International. Scope of E-Discovery in Federal Litigation Support. What does Federal mean?. Civil vs. Criminal cases Compliance, Investigation, Litigation

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Emerging Trends of EDD in National Business Models Government Sector’s Perspective

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  1. Emerging Trends of EDD in National Business ModelsGovernment Sector’s Perspective May 4, 2006 Gigi Pereira, Senior Account Manager SRA International

  2. Scope of E-Discovery in Federal Litigation Support What does Federal mean? • Civil vs. Criminal cases • Compliance, Investigation, Litigation • Affirmative vs. Defensive • Civil Violations: • Antitrust (Sherman Act, etc.) • Civil Rights (Voting Rights Act, etc.) • Environmental (CERCLA, RCRA, etc.) • Tax (IRS Tax Code) • Criminal Violations: • RICO, Money Laundering, Pornography, Anti-Terrorism, etc. • Search and Seizure • Investigation

  3. Importance of E-Discovery Planning & Communication • Technical Interchange with Opposing Counsel for Production of Electronically Stored Documents • Participants: • Lead attorneys, litigation support manager, IT manager, etc. • Objectives: • Discuss production format requirements, volume, cost burden, media types, etc. • Attempt to reduce scope of documents • Recognize the implications of saying Yes… • Internal E-Discovery Planning Meeting • Share outcome of technical interchange agreements with litigation support, attorney staff, etc. • Discuss schedule, deadlines, requirements and potential delays

  4. E-Discovery Letter: Scope of Responsive Documents • Next Steps after Technical Interchange Meeting: • Lead attorney sends opposing counsel letter and specifications on document discovery requirements • Sample document request language includes: • Electronic data to be preserved • Email & information about email • Other electronic communication • Databases • Computer logs • User-created files (electronic calendars/scheduling files, spreadsheets, etc.) • On-line & off-line data storage, backups, archives, removable media • Fixed drives on stand-alone & network PCs • Programs & utilities • Logs of system modifications

  5. E-Discovery Specifications • Acceptable Magnetic and Other Electronic Media Types: • CDs, DVDs, Zip disks, floppies, tapes, etc. • File and Record Formats: • Email • MS-Outlook PST & MSG files, Lotus Notes NSF files, ASCII text files • Document images • Single-page TIFF files, 8.3 naming convention, TXT cross-reference file (beg and end bates, custodian/file source, other indexed information) • Other PC files • Word processing docs in ASCII, WPD, DOC • Spreadsheets in XLS or WK* • Databases in Access or ASCII • Electronic data from centralized non microcomputer-based systems, such as IBM mainframes or UNIX machines • Security: • All submissions must be virus-free and passwords must be removed or provided

  6. Approach to Document Request Process:Both Feds and Private Industry • Type of Case Drives Response: • Limited time to process and review data • For example, merger cases follow mandated schedule • Investigations typically have open-ended schedule • Compliance involves starting at the end and working backwards • Negotiate issues for common results • Abundance of Software Tools: • Initial online review for culling, deduping, patterns, frequencies, etc. • Image and native file document management • Evidentiary management • Challenges: • Lack of standards in e-doc production • Lack of stability and maturity of software market • Too many competing tools each attempting to carve out a niche

  7. Trends and Options for the Future • Focus on Attorney Training: • Need to recognize value of litigation support involvement from start of case, not when they are in crisis mode • Litigation support managers must be advisors and EDD traffic cops: • Attorneys respond to delays, not requirements • Quantify e-doc processing timeframes and set expectations • Request network storage and hard drives: • Do not accept hundreds of CDs or DVDs • Example is U.S. vs. Visa where DOJ received over 1,000 CDs of images • Review request language and push for technical interchange meeting • Already in place for some of the Department of Justice litigating divisions • Select and standardize on improved software review tools: • Select tools and associated functionality based on the type(s) of cases, typical document formats, customer base, etc.

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