Best Practices: Cloud ediscovery Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure

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Stu Van Dusen

June 11, 2015

Using On-Demand Technology and Workflows to Speed

Discovery and Reduce Expenditure

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eDiscovery Webinar Series

○ Takes Place Monthly

○ Cover a Variety of Relevant eDiscovery Topics

○ Presentations Available for Download by Registrants

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eDiscovery Webinar Series

Lexbe is an Austin, TX based eDiscovery software and services provider.

At Lexbe, we develop and implement technology that helps small and

medium-size law firms, corporations, and advocacy groups cost effectively

manage increasingly data intensive discovery. We do this via our web-based

document review software, Lexbe eDiscovery Platform, high speed ESI

processing and conversion services, and a team of experienced technical

specialists and expert consultants.

About Lexbe

Lexbe Sales

[email protected] (800) 401-7809 x22

Lexbe is recognized as a 'Top 100' eDiscovery Provider by ComplexDiscovery, a leading electronic discovery and information governance firm.

‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms. . . to handle large amounts of data – without investing in an IT infrastructure.’ 451 Research

Lexbe infrastructure provider AWS recognized as the Leader in Cloud Security by Forrester Research

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If you have any questions or technical issues, please e-mail them to:

[email protected]

eDiscovery Webinar Series

Questions & Technical Issues

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eDiscovery Webinar Series

Stu Van Dusen Bio

○ eDiscovery Solutions Consultant at Lexbe LC,

advising legal professionals on cloud-based

litigation data processing, review and document

management software and litigation support

services.

○ Prior business experience in financial services,

software, and internet-based businesses.

○

Education

MS - Technology Commercialization, University of

Texas McCombs School of Business (2013)

BS - Management , Trinity University (2010)

Contact

Stu Van Dusen

512-843-7672

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Best Practices: Cloud eDiscovery

● The Challenge of Big Data in Litigation

● What is the Cloud?

● How does Cloud Technology Apply to eDiscovery?

● Cloud Best Practices & Advantages By Case Stage

● Summary

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The Big Data Challenge

Digital Information Created, Captured, Replicated Worldwide

4 3 2 1 2005 2010 2015 Zettabytes*

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The Big Data Challenge

Best Practices: Cloud eDiscovery

● People are creating more digitally stored and accessible discoverable material than ever before.

● Cases that used to have limited amounts of data collected in discovery may now have many GBs.

● Not only is there more data, but there is a growing variety of data types.

● Discovery is becoming more complex and technical

● It is very difficult for small and medium sized firms to internally staff and manage the technical expertise and massive hardware needed to keep up.

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What is the Cloud?

Best Practices: Cloud eDiscovery

Case Data + Access to eDiscovery Tools & Experts Professionally maintained, encrypted remote servers Secure, encrypted internet connection

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What is the Cloud?

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What is the Cloud?

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How Does Cloud Technology Apply to

eDiscovery?

Best Practices: Cloud eDiscovery

Scalability -- Instantly deploy the resources necessary to complete

your discovery task. Bring capacity up and down as needed

Accessibility -- Litigation teams can access case data and discovery

functions from anywhere with an internet connection.

Speed -- More computers applied to your task results in faster

throughput. Move on to the next stage of discovery earlier.

Security -- Cloud infrastructure providers are the world’s foremost

experts in computer security.

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How Does Cloud Technology Apply to

eDiscovery?

Best Practices: Cloud eDiscovery

Reduced Costs -- SaaS models help align costs with revenues; pay for

actual rather than estimated usage

Streamlined Workflows -- Cloud eDiscovery solutions are often

integrated across case stages where traditional software solutions are

not. The risk of transferring data from program to program is alleviated

in the cloud.

Advanced Technology Available -- Predictive coding, near duplicate

detection, concept searching, and integrated translation viewing is

available within cloud platforms.

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Scalability & Speed

Best Practices: Cloud eDiscovery

Systems architecture allows cloud providers to increase server instances

to apply more resources to your discovery task

Traditional In-House Set-Up:

1TB to process to TIFF, 1 month to do it.

Internal Capacity: 10 dedicated servers

operating @ 2GBs/day

10 servers x 2GBs/day x 30 days = 600GB And with any problems the job will not be finished on time

Scalable Cloud Capacity:

Deploy 500 servers x 2GBs/day and finish processing in 1 day

Scalable cloud discovery tools allow for much improved throughput at less cost and risk

Incoming ESI

Reviewable or

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Accessibility

Best Practices: Cloud eDiscovery

● Cloud infrastructure allows authorized users to access case

documents and discovery functions from anywhere in the

world with a secure internet connection.

● Case teams can collaborate in real time with inside counsel

and experts.

● Many cloud systems offer greater flexibility in operating

systems and browsers that can be used to access.

● Progress made by any one person will be instantly available

to any other case team.

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Security

Best Practices: Cloud eDiscovery

● Cloud infrastructure providers are the world’s foremost

computer security experts.

● All data is strong encrypted in place and in transit.

● ISO security standards for cloud providers are incredibly

strict, thorough, and specialized. Much more stringent

standards than unregulated local machines.

● Cloud data centers also undergo grueling audits at very

regular frequencies.

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Security

Best Practices: Cloud eDiscovery

Excerpt From AWS Release (https://aws.amazon.com/resources/forrester-pc-learn-more/):

The Forrester Wave™: Public Cloud Platform Service Providers’ Security, Q4 2014

● Lexbe eDiscovery software and services are supported by AWS cloud infrastructure, recently named a “Leader” in cloud security by Forrester Research

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Reduced Costs

Best Practices: Cloud eDiscovery

Option Potential Issues

Increasing Internal Capacity: ● More resources dedicated to hiring, configuring, and managing complex IT resources.

● Moves operational focus away from litigating. ● When discovery volumes decrease, there are

costly and inactive resources. Purchasing Fixed Volume

External Capacities:

● Doesn’t align firm costs with revenues.

● Requires litigators to “see the future” in order to make accurate/cost-efficient buying

decisions.

● Often involve “user fees”, “start-up fees”, “case fees”, etc.

● Associated with top-dollar processing charges. ● Prevents self-administration of simple, iterative

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Reduced Costs

Best Practices: Cloud eDiscovery

● In every month, this firm has active cases < 100GB

● But, there are demand spikes

throughout the year as a result of new data intensive cases. ● How can you

cost-efficiently address massive changes in discovery volumes?

Legend

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Reduced Costs

Best Practices: Cloud eDiscovery

● Building internal capacity or buying fixed external capacities means purchasing hardware, software licenses, and increased staffing and management requirements. ● When internal

discovery needs fall, these resources are dormant, but still expensive.

Legend

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Reduced Costs

Best Practices: Cloud eDiscovery

Legend

Internal Discovery Needs Internal Discovery Capacity Scalable Discovery Capacity

● Developing internal capacity to meet the lowest consistent needs reduces

inefficient spend on non-scalable solutions like local hardware, software, and staffing. ● Scalable/cloud

solutions allow you to cost-efficiently meet demand in excess of your firm’s consistent need.

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Traditional Workflow

Best Practices: Cloud eDiscovery

Collected/ Received Documents Send ESI to IT department/ external vendor Load into ECA platform Perform cull based on simple metadata extraction Download culled collection Process ESI into review format

Load Processed Data into Review Platform Review Analytics? Load into analytics system Apply Analytics Load Analytics Results Process to agreed upon production format Download Production Deliver Production to Opposing Counsel More Data?

Vendor sets up case, users in review platform More Users?

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Streamlined Workflow

Best Practices: Cloud eDiscovery

Collected/ Received Documents Upload into eDiscovery Platform; self-administer case, users Cull based on full content extraction Process and fully extract ESI for culling and review Review (Integrated Analytics Tools) Process to agreed upon production format Deliver Shared Production link to Opposing Counsel More Data?

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Integrated Analytics

Best Practices: Cloud eDiscovery

● Access advanced eDiscovery technology and workflows without migrating data

● TAR based workflows benefit from scaled capacity provided by cloud architecture.

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Planning & Collection

Best Practices: Cloud eDiscovery

Planning & Collection

ECA &

Culling Processing Review Production

Processing & Collection Trial & Appeal

Goals

● Identify ESI Repository &

Custodians in a central database

● Remotely and Defensibly Collect

ESI

● Upload to Cloud Database

Conduct Quality Control On Collections

● Be prepared for discovery

conferences and for discovery to proceed in the case

Cloud Benefits

● Case teams can access planning and

organizational tools from any web capable device while preparing for legal holds and discovery conferences.

● Data collections are completed quickly

● ESI collections are securely and defensibly

conducted by eDiscovery specialists

● Data can be immediately uploaded to the

case database

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Planning & Collection

Best Practices: Cloud eDiscovery

ECA &

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ECA & Culling

Best Practices: Cloud eDiscovery

ECA &

Cloud Benefits

● Integrated ECA reporting, pivot tables & graphing of ECA collected by custodian, date range,

document type, etc.

● Cull faster by applying scaled server resources ● Cull based on full document contents rather than

just metadata

● Develop timelines, facts & issues early in the case ● Reduce expenses by eliminating the need for a

separate ECA/culling module

Goals

● Analyze collected data to

identify potential collection gaps

● Evaluate the risks associated

with the case

● Continue developing initial case

facts & issues, timelines

● Defensibly remove irrelevant

documents from the case database

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ECA & Culling

Best Practices: Cloud eDiscovery

ECA &

Processing & Collection Trial & Appeal ●

Instantly generate

incoming ESI pivot

charts and visual

graphs.

●

Export Early Case

Analysis data

directly to Excel

●

Cull using scaled

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Processing

Best Practices: Cloud eDiscovery

ECA &

Goals

● Accurately and quickly process ESI collected to prepare for review and production

● Extract text from natives and OCR images for optimal

searchability (Dual Index)

● Organize data for optimal review process

Cloud Benefits

● Self-administer ESI processing with expert assistance available; process in the cloud ● Apply massively scalable server resources to

increase throughput and move on to review faster

● Avoid paying high per GB processing

● Eliminate loading delays; documents are available for search and review once processed.

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Processing

Best Practices: Cloud eDiscovery

ECA &

● Assign Case Participants and automatically perform

optical character recognition (OCR) on all incoming

documents

● Securely Upload and Process Native Documents Directly in Your Browser

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Review

Best Practices: Cloud eDiscovery

ECA &

Cloud Benefits

● Scalable server environment supports hyper-fast multi-language search results

● Move quickly from document to document and apply multi-doc updates instantly

● Apply near-duplicate detection, and predictive coding across massive collections within an integrated environment

● Self-administer new users and cases; reduce

expenses through leaner pricing often associated with cloud SaaS.

Goals

● Code documents accurately, quickly & cost effectively

● Identify responsive, privileged & attorney’s eyes only (AEO) ESI

● Search, ID, & issue code key documents

● Utilize advanced eDiscovery

technologies to speed review, improve accuracy, and reduce risk of inadvertent privilege waiver

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Review: Fast, Comprehensive Search

Best Practices: Cloud eDiscovery

ECA &

● Dual Search Index ensures that all of the contents of a document are searchable and viewable.

● Cloud infrastructure supports fast, thorough search results. Index Method Captures Embedded Text Captures Text Excluded From Print Captures Hidden Text Imaged/OCR Yes No No

Native Extraction No Yes Yes

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Production

Best Practices: Cloud eDiscovery

ECA &

Goals

● Quickly convert documents into production format

● Prevent inadvertent production of privileged documents

● Defensibly produce all responsive documents to

opposing counsel on time and in agreed upon production format

Cloud Benefits

● Apply scalable cloud resources to quickly convert ESI into relevant production format.

● Integrated analytics and production functions reduce the risk of inadvertent privilege waiver ● Deliver shared secure production link to speed

delivery and maximize review time

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Depos & Motion Practice

Best Practices: Cloud eDiscovery

ECA &

Depos & Motions Trial & Appeal

Goals

● Organize key case issues and

facts by linking to supporting case documents

● Create annotated and highlighted document versions to support deposition preparation and analysis

● Update Facts & Issues and Case Timelines based on depositions and motion outcomes.

Cloud Benefits

● Integrated case management functionality maintains single database connection between documents and case facts & issues

● Rapidly create, edit, and download

annotated/highlighted versions of documents. ● Collaborate in real time with co-counsel,

independent of their location

● Dynamically update Fact & Issue timelines based on deposition information

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Trial & Appeal

Best Practices: Cloud eDiscovery

ECA &

Depos & Motions Trial & Appeal

Goals

● Maintain access to case

documents that may be brought up by opposing counsel

● Allow rapid timeline updating for live case testimony

● Maintain case data and

documents throughout the trial and appeal process

Cloud Benefits

● Accessible and searchable document repository is available at trial

● Timelines can be dynamically updated with new testimony as it becomes available

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Summary

Best Practices: Cloud eDiscovery

● Growing case ESI volumes present a major challenge to litigators.

● Traditional solutions lack the scalability needed to get in front of this trend ● For firms to maintain and expand their competitive presence they need to

be able to take on ESI intensive cases.

● Cloud technology and infrastructures have creative attractive, secure, and scalable solutions that let litigators cost-effectively handle ESI intensive cases.

● Cloud eDiscovery solutions should be flexible, integrated, and feature-rich. They should also allow for self-administration, but also provide access to technical and eDiscovery experts.

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