1. Nathan Walker building an ediscovery framework

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

3. armasv.org 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. armasv.org Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net EDRM

5. armasv.org 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. armasv.org 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. armasv.org Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net EDRM

8. armasv.org Information Management Identification Preservation Presentation ProductionPresentation Collection Review Analysis 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

9. armasv.org Identification Information Management Identification Preservation Presentation ProductionPresentation Collection Review Analysis  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

10. armasv.org Preservation, Collection Information Management Identification Preservation Presentation ProductionPresentation Collection Review Analysis  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)

11. armasv.org  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 Collection and Processing Risks

12. armasv.org 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. armasv.org Processing, Review, Analysis Information Management Identification Preservation Presentation ProductionPresentation Collection 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

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

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

16. armasv.org Iterative Process Improvement Source: Kazeon, H5

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

18. armasv.org 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