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

2. 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 email messages were sent each day. By end of 2006, 60 Bn email messages were sent each day. 60% of business-critical information is stored within corporate email systems, up from 33% in 1999. 60% of business-critical information is stored within corporate email systems, up from 33% in 1999.

3. 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

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

5. 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?

6. 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 email in establishing chronologies. Case shows importance of email in establishing chronologies.

7. 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.

8. 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 email 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’. ”

9. Allvision Computing Documents are: efiles (Word, Excel PowerPoint). efiles (Word, Excel PowerPoint). Emails. Emails. 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

10. 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

11. 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.

12. 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.

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

14. 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.

15. 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.

16. 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.

17. 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).

18. 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).

19. 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.

20. 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 email attachments Open email attachments Print Print Turn on suspect machines Turn on suspect machines Do:Don’t:

21. 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.

22. 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.

23. 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.

24. Allvision Computing Indicative Costs Image a PC = £500Restore a tape = £500 - £5,000 Analysis A EDD B EDD A Lit Sup A £2,500 £3,000--- £15,000 £20,500 £0 £252,000 £8,400 £260,400 ---£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

25. Allvision Computing Questions? Andrew Haslam Andrew.haslam@allvsion.co.uk 07789 435080