Electronic Discovery Reference Model and Metadata October 7, Peter S. Vogel, Adjunct. Copyright, Peter S. Vogel,

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Peter S. Vogel, Adjunct

Copyright, Peter S. Vogel, 2012-13.

Electronic Discovery Reference Model

and Metadata

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Sonya Everitt

Manager of Technology – Practice Support Gardere Wynne Sewell LLP

1601 Elm St., Suite 3000 Dallas, TX 75201

[email protected]

Sonya Everitt has 13 years of Litigation Support, Project Management and Training experience, and is currently working for Gardere Wynne Sewell, LLP as their Practice Support Manager. Sonya works with the firm’s

management team to create and implement strategies for Litigation support that focuses on quality work product, customer and client care and innovative technology solutions.

Areas of Expertise:

• Project Management, Database Administration, Electronic Discovery, and Document Productions • Automated Litigation Support

• Well versed in database conversions and manipulating data

• Incorporating Training Departments and Project Specific Trainings for firms

Professional Affiliations:

• Dallas Association of Litigation Support Managers (2007-2013) • International Legal Technology Association – (2008-2013) • Women of eDiscovery (2011-2013)

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Sonya Everitt

Manager of Technology – Practice Support Gardere Wynne Sewell LLP

1601 Elm St., Suite 3000 Dallas, TX 75201

[email protected]

Certifications:

• Ringtail Administration for Project Management

• Clearwell Technical and Project Management Certified • CaseMap/Time Map Technical Certification

• LiveNote Certification • ProLaw Training

• Law Admin/EDD Certification

Litigation Support Product Experience:

• Ringtail • Clearwell • CaseMap/TimeMap • LiveNote CaseNotebook • Relativity • Summation • LAW • Concordance

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Hash

Hash:

A mathematical algorithm that represents

a unique value for a given set of data, similar to

a digital fingerprint. Common hash algorithms

include MD5 and SHA.

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Hash

MD5:

(Message-digest Algorithm 5) A hash

algorithm used to give a numeric value to a

digital file or piece of data. Commonly used in

electronic discovery to find duplicates in a data

collection.

SHA-1 and SHA-2 (Secure Hash Algorithm):

for

computing a condensed representation of a

message or a data file specified by FIPS PUB 180.

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Hash

Hash Coding:

To create a digital fingerprint that

represents the binary content of a file unique to

every electronically-generated document; assists

in subsequently ensuring that data has not been

modified.

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Hash

Hash Function:

A function used to create a hash

value from binary input. The hash is

substantially smaller than the text itself, and is

generated by the hash function in such a way

that it is extremely unlikely that some other

input will produce the same hash value.

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Disk Fragmentation

• Delete v. Undelete

• Copying over all files

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(D) Responding to a Request for Production of Electronically

Stored Information.

The response may state an objection to a

requested form for producing electronically stored information. If the

responding party objects to a requested form—or if no form was

specified in the request—the party must state the form or forms it

intends to use.

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(E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to

producing documents or electronically stored information:

(i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;

(ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and

(iii) A party need not produce the same electronically stored information in more than one form.

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196.4 Electronic or Magnetic Data.

To obtain discovery of data or information that exists in

electronic or magnetic form, the requesting party must

specifically request production of electronic or magnetic

data and specify the form in which the requesting party

wants it produced.

The responding party must produce

the electronic or magnetic data that is responsive to

the request and is reasonably available to the

responding party in its ordinary course of business.

If

the responding party cannot - through reasonable efforts -

retrieve the data or information requested or produce it in

the form requested, the responding party must state an

objection complying with these rules. If the court orders the

responding party to comply with the request, the court

must also order that the requesting party pay the

reasonable expenses of any extraordinary steps required

to retrieve and produce the information.

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196.4 Electronic or Magnetic Data.

To obtain discovery of data or information that exists in

electronic or magnetic form, the requesting party must

specifically request production of electronic or magnetic

data and specify the form in which the requesting party

wants it produced. The responding party must produce the

electronic or magnetic data that is responsive to the

request and is reasonably available to the responding

party in its ordinary course of business.

If the responding

party cannot - through reasonable efforts - retrieve the

data or information requested or produce it in the form

requested, the responding party must state an

objection complying with these rules.

If the court orders

the responding party to comply with the request, the court

must also order that the requesting party pay the

reasonable expenses of any extraordinary steps required

to retrieve and produce the information.

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12. Absent party agreement or court order specifying the

form or forms of production, production should be made in

the form or forms in which the information is ordinarily

maintained or in a reasonably usable form,

taking into

account the need to produce reasonably accessible

metadata that will enable the receiving party to have the

same ability to access, search, and display the information

as the producing party where appropriate or necessary in

light of the nature of the information and the needs of the

case.

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4. Production of All Responsive Documents Generated After February 10, 2003

Impax contends that, except for self-selected discrete categories, Wyeth is refusing to look for or produce documents created or generated after February 10, 2003. Wyeth, in response, contends that documents created after February 10, 2003 are irrelevant and that updating the search would be burdensome and unlikely to produce relevant material. Wyeth also contends that it has offered to update searches in those areas that might possibly have subsequent relevant documents generated after February 2003.

The Court finds that Wyeth's proffered production is reasonable. Wyeth has identified those areas where relevant documents may have been created or

generated after February 2003, and is willing to continue to augment its discovery responses. Since Impax has not demonstrated that the broad search it asks for will generate additional relevant documents, the Court concludes that the

burden of production on Defendant outweighs its likely benefit to Impax. Accordingly, this portion of Impax's Motion is denied.

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