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Gleneagles 2004 Electronic Data Discovery - Pragmatic Reality

Gleneagles 2004 Electronic Data Discovery - Pragmatic Reality . Andrew Haslam – Allvision Computing. US vs. UK – Strategic Analysis . Significant cultural and legal differences. Can learn from the US and exploit the tools. US = Tidal wave. UK = Steadily rising flood.

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Gleneagles 2004 Electronic Data Discovery - Pragmatic Reality

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  1. Gleneagles 2004Electronic Data Discovery - Pragmatic Reality Andrew Haslam – Allvision Computing

  2. US vs. UK – Strategic Analysis • Significant cultural and legal differences. • Can learn from the US and exploit the tools. • US = Tidal wave. • UK = Steadily rising flood. • “Don’t believe the hype, but do listen to the message.”

  3. EDD Basics • Disclosure is a historical “tail” that is increasingly electronic. • 90% of corporate documents exist electronically, 70% are never printed. • EDD and Forensics • Communication via email. • Technical inability is no defence. • Delete rarely does. • Volume, Volume, Volume. • Not just Disclosure. Employment/M&A/FOI.

  4. EDD Process Overview • Collect • Filter • Process • Review • Then?

  5. Key EDD Issues • Volume needs a fast production line process. • Electronic data does have significant plusses for searching and other tools. • Metadata. • Privilege/Trade Secret protection. • Challenging projects for Litigation Support staff.

  6. Challenges and opportunities • A chance for IT to be part of the legal team. • Need to educate users and clients. • Now it’s a competitive edge, soon it will be an entry level requirement. • Legal Risk Management.

  7. One year on and… • Debate (and some action) in the UK • Review (and production) in native mode. • Heightened awareness of metadata. • Back-up and Resilience technologies need to be searchable. • Understanding of key word search (but less agreement) • Concept searching/AI tools for in-house use, no chance in Disclosure process.

  8. The Threats • SPOLIATION. • Volume and Complexity. • “Friendly fire” from legal team. • The “ostrich” approach. • Preservation of Privilege (and Trade Secret). • Technology hype.

  9. IT Strategy and Tactics • Need levels of response with both in-house skills/tools and external partners. • Increase depth and breadth of project management skills. • “Tripwires” • Print Room. • Help Desk. • PSL’s. • In-house KM/Literature.

  10. Strategy Matrix In Word/Outlook/+? Review 1,000 Manipulate Concordance/Summation, Ringtail, IntroSpect. 100,000 Review Analyse Proprietary Review tools, Attenex, Autonomy, Dolphinsearch. 1,000,000 + Manipulate Review Out

  11. Partner Attributes • UK based data storage and processing, preferably linked to international capabilities. • Ability to cope with complex data volumes. • Dedicated project management and consultancy support. • Proven track record. Kroll Ontrack, Lexis Nexis, Millnet, nMatrix, Trilantic.

  12. In the next year…….. • EDD will happen to you. • Increased: • Exchange of electronic information. • Use of native mode. • On-line depositories. • Two tiered approach to EDD. • Ephemeral data will join the equation. • Legal debates on keywords, privilege cascades and concept searching. • Clients start looking for fixed fees from panel firms.

  13. Questions? Andrew Haslam Andrew.haslam@allvsion.co.uk 07789 435080

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