Allvision Computing Geldards CDR Conference E Disclosure – A Roadmap Andrew Haslam.

Slides:

Advertisements

Similar presentations

Legal Technologies - eDiscovery Technology Update Amtech Litigation Technologies

Advertisements

CLEARSPACE Digital Document Archiving system INTRODUCTION Digital Document Archiving is the process of capturing paper documents through scanning and.

United States District Court for the Southern District of New York, 2004 District Justice Scheindlin Zubulake v. UBS Warburg LLC Zubulake V.

Proposed New Federal Rules Meet and Confer Proposed Rule 26(f): –The parties shall confer…to discuss any issues relating to preservation, disclosure or.

Webinar Sponsorship Partner. Jason Velasco Jason Velasco is an electronic discovery industry veteran with more than 15 years of experience in electronic.

INFORMATION WITHOUT BORDERS CONFERENCE February 7, 2013 e-DISCOVERY AND INFORMATION MANAGEMENT.

E-Discovery in Government Investigations Jeane Thomas, Crowell & Moring LLP February 9, 2009.

Outline of Topics  Introduction  CPR, law and expectations  IT issues  Disclosure process.

Allvision Computing Protocol Training Day. Collection – Getting started Introduction to the marketplace Introduction to the marketplace Who are the vendors.

Ethical Issues in the Electronic Age Ethical Issues in the Electronic Age Frost Brown Todd LLC Seminar May 24, 2007 Frost Brown.

5 Vital Components of Every Custodian Interview David Meadows, PMP, Managing Director – Discovery Consulting, Kroll Ontrack Dave Canfield, EJD, Managing.

E-Discovery for System Administrators Russell M. Shumway.

Project Planning and Management in E-Discovery DAVID A. ELLIS – MAYER BROWN BROWNING E. MAREAN – DLA PIPER.

E-Discovery LIMITS ON E-DISCOVERY. No New Preservation Rule When does duty to preserve attach? Reasonably anticipated litigation. Audio sanctions.

W W W. D I N S L A W. C O M E-Discovery and Document Retention Patrick W. Michael, Esq. Dinsmore & Shohl LLP 101 South Fifth Street Louisville, KY

1 Best Practices in Legal Holds Effectively Managing the e-Discovery Process and Associated Costs.

Allvision Computing Legal IT Forum 2007 Litigation Readiness Roundtable Andrew Haslam John Forsyth.

E-Discovery Revisited: A Broader Perspective for IR Researchers Jack G. Conrad, Thomson R&D ICAIL07 / DESI Workshop June 4, 2007.

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

LBSC 708X The Record Nature of Electronic Records College of Information Studies.

Allvision Computing By Legal For Legal 2007 Litigation Readiness Andrew Haslam.

1 Structuring your Information Management to Ensure Litigation Readiness Julian Ackert, Principal Washington DC John Forsyth, HBOS Edinburgh Andrew Haslam,

Developing a Records & Information Retention & Disposition Program:

1 E-Discovery Changes to Federal Rules of Civil Procedure Concerning Discovery of Electronically Stored Information (ESI) Effective Date: 12/01/2006 October,

Finding Your Way around the Courthouse. Court Records Online – PACER - Public Access to Court Electronic Records – Case Management: CM/ECF – State Courts.

New Data Regulation Law 201 CMR TJX Video.

Electronic Record Retention and eDiscovery Peter Pepiton eDiscovery Product Manager CA Information Governance.

Avoiding the Iceberg Sean Regan October 2008.

Get Off of My I-Cloud: Role of Technology in Construction Practice Sanjay Kurian, Esq. Trent Walton, CTO U.S. Legal Support.

Records Survey and Retention Schedule Recertification 2011.

* 07/16/96 The production of ESI continues to present challenges in the discovery process even though specific rules have been drafted, commented on, redrafted.

Records Management: It’s Not Just Paper

City of Seattle Office of the City Clerk Open Government = Access Challenges and Opportunities with Digital Records.

E-Discovery PA230: Unit 9.

Electronic Discovery refers to the discovery of electronic documents and data…including , web pages, word processing files, computer databases, and.

The Sedona Principles 1-7

Recordkeeping for Good Governance Toolkit Digital Recordkeeping Guidance Funafuti, Tuvalu – June 2013.

fact sheet (07/03/2007) 1 ARE ARCHIVING SOLUTIONS RECORDKEEPING SOLUTIONS? 7 th March 2007 Stephen Clarke Government Recordkeeping Programme.

“PRESERVATION, COLLECTION, AND PRODUCTION OF DOCUMENTS AND ESI IN CONSTRUCTION CASES” PRESENTERS: John Foust Jones Day San Francisco, CA John Foust Jones.

Presentation Path  Introduction to Ved Consultancy and OpenText  Current Challenges  The Valued Customers and Sectors  Our Solutions  Demo. Together,

Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework.

Electronic Records Management: A Checklist for Success Jesse Wilkins April 15, 2009.

2009 CHANGES IN CALIFORNIA DISCOVERY RULES The California Electronic Discovery Act Batya Swenson E-discovery Task Force

Dangerous Documents. Legal Compliances State and federal laws Contractual obligations Subject to an affirmative legal duty to establish and maintain certain.

Implementing the Standard on digital recordkeeping.

Presented to AIIM William Penn Chapter Meeting 5/13/08.

Meet and Confer Rule 26(f) of the Federal Rules of Civil Procedure states that “parties must confer as soon as practicable - and in any event at least.

Data Collection and Forensics February 23, Complaint Document Acquisition DepositionsReview Discovery Begins Photocopy Discovery Closes Produce.

We Must Produce! Presented by: Terrence Coan, CRM – Director, RM Solution Line Lead Baker Robbins & Company Charlene Wacenske – Firmwide Records Manager.

P RINCIPLES 1-7 FOR E LECTRONIC D OCUMENT P RODUCTION Maryanne Post.

Records Management 101 The Basics Archival and Records Management Services Division.

The Challenge of Rule 26(f) Magistrate Judge Craig B. Shaffer July 15, 2011.

Deloitte Forensic Forensic Technology Conference of Regulatory Officers - CORO November 2012.

ILTA – Insight 2007 E-Disclosure --Preparing for Compliance-- Moderator: Sally Gonzalez, Director, Navigant Consulting, Inc. Panelists: Oz Benamram, Director.

Digital Government Summit

Legal Holds Department of State Division of Records Management Kevin Callaghan, Director.

E-Discovery And why it matters to a SSA. What is E-Discovery? E-Discovery is the process during litigation of discovering information relevant to litigation.

U.S. District Court Southern District of New York 229 F.R.D. 422 (S.D.N.Y. 2004)

03/08/1999UT Austin: GSLIS LIS Information Management LIS /8/99 Martha Richardson.

EDiscovery Also known as “ESI” Discovery of “Electronically Stored Information” Same discovery, new form of storage.

Shadbolt & Co LLP Solicitors E-DISCLOSURE IN THE ENGLISH COURTS – REVEALING ALL? ABA CONFERENCE OCTOBER 2005 Kate Matthews Commercial Litigation and Dispute.

Allvision Computing Litigation Support for Mid-tier Firms Strategy & Practice Andrew Haslam.

Electronic Discovery Guidelines FRCP 26(f) mandates that parties “meaningfully meet and confer” to consider the nature of their respective claims and defenses.

Investigations: Strategies and Recommendations (Hints and Tips) Leah Lane, CFE Director, Global Investigations, Texas Instruments, Inc.

Electronic Records Management Alan Cameron Records Management Consultant.

When the law firm is the client Handling legal holds, document collections and productions of your own firm’s documents.

Information Technology & The Amendments to the Federal Rules of Civil Procedure Sonya Naar - DLA Piper US LLP Doug Herman - UHY Advisors FLVS, Inc.

ILTA – Insight 2007 E-Disclosure Preparedness --A New Frontier--

Gleneagles 2006 E Disclosure – A Snapshot

Jack G. Conrad, Thomson R&D

Presentation transcript:

Allvision Computing Geldards CDR Conference E Disclosure – A Roadmap Andrew Haslam

Allvision Computing Scale of the Problem 98% of new information is stored electronically, 2/3 never printed. 98% of new information is stored electronically, 2/3 never printed. By end of 2006, 60 Bn messages were sent each day. By end of 2006, 60 Bn messages were sent each day. 60% of business-critical information is stored within corporate systems, up from 33% in % of business-critical information is stored within corporate systems, up from 33% in 1999.

Allvision Computing Economics of E-Disclosure Time costs Time costs £3bn on litigation fees £3bn on litigation fees 20% of total time on document review = £600m 20% of total time on document review = £600m Technology can reduce review time by up to 8 Technology can reduce review time by up to 8 Potential saving of £500m Potential saving of £500m Disbursements Disbursements Process electronically once at £0.0x per page Process electronically once at £0.0x per page Photocopy many copies at £0.0x per page Photocopy many copies at £0.0x per page

Allvision Computing Litigation Support Tools CapturePrepare Present Scanning, OCR, Coding Litigation Support Courtroom Systems EDD Analysis Tools

Allvision Computing Key Issues CPR has changed. CPR has changed. Volume, Volume, Volume. Volume, Volume, Volume. Next generation of tools. Next generation of tools. Embedded personal data. Embedded personal data. When do I ask for external help? When do I ask for external help?

Allvision Computing Current Case Law Not a lot Not a lot Hands v Morrison Hands v Morrison Case shows importance of planning the edisclosure process Case shows importance of planning the edisclosure process Douglas v Hello Douglas v Hello Case shows importance of in establishing chronologies. Case shows importance of in establishing chronologies.

Allvision Computing 1 – Data Sources & Volumes Need to allow enough time for: Need to allow enough time for: Planning. Planning. Preservation. Preservation. Disclosure. Disclosure. Client’s IT Infrastructure and Strategy. Client’s IT Infrastructure and Strategy. Develop a search strategy. Develop a search strategy.

Allvision Computing A document is “ anything in which information of any description is recorded and is not restricted to paper writings but extends to anything upon which evidence or information is recorded in a manner intelligible to the senses or capable of being made intelligible by the use of equipment. This covers electronic documents, including and other digital forms of communication, word-processed documents and databases. The definition also includes edocuments stored on backup systems and edocuments that have been ‘deleted’. It also includes that class of additional stored information associated with electronic documents and known as ‘metadata’. ”

Allvision Computing Documents are: efiles (Word, Excel PowerPoint). efiles (Word, Excel PowerPoint). s. s. Text Messages. Text Messages. Data on PDA’s, MP3 Players, Flash drives. Data on PDA’s, MP3 Players, Flash drives. Instant messaging (IM). Instant messaging (IM). Audio Files (and Mpegs). Audio Files (and Mpegs). Metadata. Metadata. Wikki’s and Blogs Wikki’s and Blogs

Allvision Computing External Expertise? High volume of relevant edocuments or review material. High volume of relevant edocuments or review material. Allegations of fraud involving edocuments. Allegations of fraud involving edocuments. Time-critical analysis of edocuments. Time-critical analysis of edocuments. Recreation of the historical state of PC. Recreation of the historical state of PC. Suspicion that edocuments have been deleted or altered. Suspicion that edocuments have been deleted or altered. Regulatory body investigation Regulatory body investigation

Allvision Computing 2 – Ensure Preservation Issue “Hold order” to client. Issue “Hold order” to client. Ensure client’s legal team and IT department are talking to each other. Ensure client’s legal team and IT department are talking to each other. Consider imaging PC’s, segregation of back-up tapes. Consider imaging PC’s, segregation of back-up tapes. Check what the other side is doing. Check what the other side is doing.

Allvision Computing 3 – Reasonable Search Work out your search universe. Work out your search universe. Establish available filters/tools. Establish available filters/tools. De-duplication, key words, date ranges, data custodians. De-duplication, key words, date ranges, data custodians. Agree parameters with the other side. Agree parameters with the other side.

Allvision Computing Technical SolutionsPro-Active Original Volume (and Cost) Efficiencies in E Disclosure Scope Preserve Gather ProcessHostReviewPresent

Allvision Computing 4 – Data Collection Consider privacy legislation – “embedded data”. Consider privacy legislation – “embedded data”. Evidence destruction. Evidence destruction. Who conducts the collection? Who conducts the collection? Tapes as a last resort. Tapes as a last resort.

Allvision Computing 5 – Document Review Depends on data and your IT capabilities. Depends on data and your IT capabilities. Increasing scale and complexity increases likelihood of external help. Increasing scale and complexity increases likelihood of external help. Talk to IT and PSL. Talk to IT and PSL.

Allvision Computing 6 – Production & Exchange Agree format with other side. Agree format with other side. Native v Tiff. Native v Tiff. Create disclosure list. Create disclosure list. BATES numbers / file naming conventions. BATES numbers / file naming conventions. Back into review process, emphasis on case preparation. Back into review process, emphasis on case preparation.

Allvision Computing 7 – Courtroom Services What facilities does the court have? What facilities does the court have? Laptops or link to web services. Laptops or link to web services. PDF bundles (with links). PDF bundles (with links).

Allvision Computing EU Peculiarities Differing EU standards for data protection. Differing EU standards for data protection. US compliance v EU Data protection. US compliance v EU Data protection. Consider jurisdictional implications. Consider jurisdictional implications. Multi-language documents (“Unicode” Litigation Support systems). Multi-language documents (“Unicode” Litigation Support systems).

Allvision Computing Federal Rule Changes O1 December 2006 O1 December 2006 Mandatory early discussions. Mandatory early discussions. Identification of excluded data sources. Identification of excluded data sources. Proportionality, though concept of “safe harbour” didn’t make it through. Proportionality, though concept of “safe harbour” didn’t make it through. Encouragement of two tier approach, with agreed exchange format. Encouragement of two tier approach, with agreed exchange format. Limited protection against inadvertent Privilege production. Limited protection against inadvertent Privilege production.

Allvision Computing Practical Tips Receive edisclosure on a CD/DVD Receive edisclosure on a CD/DVD Make copies Make copies If in doubt, ask for help If in doubt, ask for help Open attachments Open attachments Print Print Turn on suspect machines Turn on suspect machines Do:Don’t:

Allvision Computing Trends Steady rise in small – medium sized cases. Steady rise in small – medium sized cases. “Intelligent” initial data capture. “Intelligent” initial data capture. Litigation Readiness. Litigation Readiness. Increasing partnerships with external agencies. Increasing partnerships with external agencies.

Allvision Computing Litigation Readiness “Better fence at the top of the cliff”. “Better fence at the top of the cliff”. Study to identify: Study to identify: Policies for storing data. Policies for storing data. Where it is located. Where it is located. How would you retrieve it. How would you retrieve it. How do you change? How do you change? Make the changes. Make the changes.

Allvision Computing Available Partners Consultancy: Consultancy: Deloittes, KPMG, LECG. Deloittes, KPMG, LECG. EDD Suppliers: EDD Suppliers: Kroll Ontrack, Lexis Nexis, Kroll Ontrack, Lexis Nexis, LDM, Legal Inc, nMatrix, Trilantic. LDM, Legal Inc, nMatrix, Trilantic. Software Vendors: Software Vendors: Ringtail (FTI), IntroSpect (Zantaz), Ringtail (FTI), IntroSpect (Zantaz), iConnect, Summation, Concordance, iConnect, Summation, Concordance, Attenex. Attenex.

Allvision Computing Indicative Costs Image a PC = £500Restore a tape = £500 - £5,000 Analysis A EDD B EDD A Lit Sup A £2,500 £3, £15,000 £20,500 £0 £252,000 £8,400 £260, £0 £5,000£126,000 £21,000 £197,000£0 6 Month Hosting Process/ Reduce Index/ Review Data Set Up ReviewersTOTAL £2,000 £250,000£56,700£328,800---£2,100

Allvision Computing Questions? Andrew Haslam