ZEROING IN DATA TARGETING IN EDISCOVERY TO REDUCE VOLUMES AND COSTS

ZEROING IN

DATA TARGETING IN EDISCOVERY

TO REDUCE VOLUMES AND COSTS

WELCOME

 Thank you for joining

 Numerous diverse attendees

 Today’s topic and presenters

 This is an interactive presentation

 You will receive slides, recording and survey

 Coming up next month

SPEAKERS

 Matthew Verga – Director, eDiscovery Strategy

 Andreas Mueller – Senior Director, eDiscovery

TODAY’S TOPICS

 A Data Targeting Perspective

 Data Targeting

- Before Litigation - During Collection - During Processing - During ECA

 Strategy and Negotiation

 Conclusion

- Key Takeaways

A DATA TARGETING PERSPECTIVE

 Why does this matter?

- Because of the high and ever-increasing cost of discovery

 2012 Rand Corporation Study:

- Median cost of eDiscovery production was $1.8 million

- Document review accounted for $0.73 of every $1.00 spent

- “…the relationship between final costs and ESI volume is essentially a directly proportional one.”

A DATA TARGETING PERSPECTIVE

 What do we mean by a data targeting perspective?

- Elevating technical considerations - Elevating strategic considerations - At each step:

o What are the technically feasible options o Strategic value of culling versus retention

o Interplay between technical, strategic, and legal

 It’s not about knowing it all

DATA TARGETING BEFORE LITIGATION

 Don’t wait for litigation to begin

 Proactive steps can be taken to reduce volumes and costs

 First, retention and remediation can be addressed

- Critical first step

- Clear policies and procedures - Categories and retention periods - Limiting duplicative retention - Remediation to compliance

DATA TARGETING BEFORE LITIGATION

 Second, proactive data mapping can be completed

 Benefits of pre-litigation data mapping  Elements of a useful data map

- Potentially relevant data stores - What records for what time periods - Searching and extraction options - Responsible individuals/roles - Employee-issued devices in use

DATA TARGETING DURING COLLECTION

 Reactive data mapping

 Selecting custodians and sources

 Custodian interviews

- Importance

- Paper vs. electronic options

 Physical vs. logical acquisition

DATA TARGETING DURING COLLECTION

 Selective Restoration

- Forensic image and content reports

o Usefulness o Limitations

- Selection by directory, group or mailbox

o Email o Loose files

- Back-up tape options

o Options and current technology

- Selection by date

o Limitations and risks

– File type filtering

DATA TARGETING DURING PROCESSING

 Inclusion vs. exclusion

- What is the difference?

 Directory or custodian filtering

- Available options

 De-NISTing

- What is it?

DATA TARGETING DURING PROCESSING

 File-type filtering

 De-duplication

- Significance and impact - Document families

DATA TARGETING DURING PROCESSING

 Date range filtering

- Methods

- Associated risks and considerations

 Keyword filtering

- Available options

- What to look out for? - Better to wait?

DATA TARGETING DURING ECA

 ECA vs EDA

- EDA FTW (for the win)

- Value increases with data volume - Many options, many tool-specific

 Random sampling

- Utility and benefits - Sample sizes

DATA TARGETING DURING ECA

 E-mail communication filtering

- Sender and recipient - Domain names

- Subject lines

 Keyword filtering

- Simple, Boolean, fuzzy - ECA/EDA is the time

o Best search tools

o Best reporting options o Easiest iteration

DATA TARGETING DURING ECA

 E-mail threading

- Grouping, sequencing, content analysis, visualization - Organization versus disposition

 Near duplicate identification

- Multiple techniques, variable thresholds - Organization versus disposition

 Conceptual analytics

- Conceptual searching and clustering, categorization, CAR - Advantages and disadvantages

STRATEGY AND NEGOTIATION

 The kitchen sink approach is not recommended

 Broad overview provided to show range

 Project specific strategies must be developed

- Factors to consider o Available time o Available budget o Technological resources o Human resources o Matter-specific concerns

STRATEGY AND NEGOTIATION

Data Targeting Before Litigation (EDRM IM Phase)

Data Reduction During Collection

(EDRM Identification, Preservation and Collection Phases)

Data Targeting During Processing (EDRM Processing Phase)

Data Targeting During ECA (EDRM Analysis Phase)

Retention, Remediation, Mapping Targeted Collection, Selective Restoration

Random Sampling, E-mail Communication Filtering, Keyword Filtering, Conceptual

Analytics, E-mail Threading Directory Filtering, Custodian Filtering,

De-NISTing, File-Type Filtering, Deduplication Date Range Filtering, Keyword Filtering

STRATEGY AND NEGOTIATION

 Negotiation can be the most powerful tool of all

 Negotiation with opposing parties

- Before, during, and after 26(f) - With judge, if necessary

 Negotiated agreements

- Can limit scope

- Can specify methodology

KEY TAKEAWAYS

 Elevate technical and strategic considerations

 Understand the available options and limitations at each stage

 Consider the strategic value of culling versus retention

 Use technology to your advantage, but be consistent in your

approach

 Document your decisions and rationales

 Seek expert help where needed

ENGAGE WITH MODUS

 E-mail coming with slides , recording and survey

 Visit us online at

http://discovermodus.com/webinars/

for

more information on next webinar on October 21

_entitled:

“eDiscovery in Microsoft Exchange: What Every Legal

Professional Should Know (and more)”

 Make sure to visit our website for valuable white papers, blogs

and other information at

www.discovermodus.com