lexbe ediscovery webinar- ediscovery & case management for disability rights advocates

eDiscovery & Case Management for Disability Rights Advocates

Gene AlbertPrincipal, Lexbe LC

Handling Large Cases in a Collaborative Environment with Hosted eDiscovery Review Software

June 26, 2014

eDiscovery Webinar Series

○ Takes Place Monthly

○ Cover a Variety of Relevant eDiscovery Topics

○ Presentations Available for Download by Registrants

eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014

Info & Future

eDiscovery Webinar Series

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

○ Lexbe eDiscovery PlatformLexbe eDiscovery Platform is a hosted eDiscovery processing and review tool. Users can load a variety of file types, process for review, OCR for search, and conduct document reviews, productions, prepare for depos & analyze transcripts, conduct case analytics, prepare for dispositive motions, and provide litigation support during trial.

○ Lexbe eDiscovery Services Lexbe does large volume document culling, processing from native to PDF or TIFF, load file creation, high-volume OCR of image files, Rule 26 and eDiscovery consulting, and related eDiscovery Services.


About Lexbe

Lexbe Sales [email protected]

(800) 401-7809 x22

mailto:[email protected]

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

[email protected]

Questions will be forwarded to Gene and answered during the webinar or via e-mail if we run out of time.


eDiscovery Webinar SeriesQuestions & Technical Issues


○ CurrentPrincipal of Lexbe LC, an Austin-based developer and provider of cloud-based litigation review and document management software & eDiscovery services

○ Prior Experience-Legal experience as in-house counsel and in private practice-Business experience in software, medical services and internet-based businesses

○ Education-BA, University of Texas (1979)-JD, Southern Methodist University (1983)-MBA, University of Texas (2005)


Gene Albert bio

Contact Gene [email protected]

eDiscovery: Disability Rights Advocates

○ Periodic Document-Intensive Cases Outside Normal Systems

○ High Privacy and Security Obligations

○ Need to Conduct Doc Reviews/Productions Quickly

○ How Best to Collaborate with Co-Counsel on Cases

○ Staff and Co-counsel in Disparate Geographical Locations

○ Stretched Internal IT and Litigation Support Resources

○ Limited Training Resources for Attorneys and Staff

○ Budgetary Limitations and Need for Cost Efficiency

Common Issues Advocates Face


eDiscovery: Disability Rights Advocates

○ Inexpensive eDiscovery Processing, Hosting & Production

○ High Security, Encrypted Environment for Document Management

○ Fast & Easy Document Review Platform Option

○ Flexible Self-Administration Rights for Attorneys, Staff and Co-Counsel

○ Various Self-Serve and Guided Training and Best Practices Options

○ Cross-Platform, Standards-Based; JAWS Support

○ Low Cost and Predictable eDiscovery and Hosted Review Options

Available Case Management Tools eDiscovery: Disability Rights Advocates


Is eDiscovery Data Increasing?


Data Types and Volume Keep Growing

Digital Information Created, Captured, Replicated Worldwide4

3

2

1

2005 2010 2015Source: IDC Digital Universe Study (2012)* 1 Zettabyte = 1 Trillion Gigabytes

Zettabytes*

2.8 zettabytes of information were created and replicated during 2012, a 56% increase from 2011 (IDC)

VoipEmail

iPhones Peer-to-Peer

Online StorageDigital Cameras

Facebook | LinkedIn DropBox | Backup Devices

Elastic Storage | SaaS | Google StreetsPersonal Blogs | Skype | World Satellite Images

Personal Scanners | Customer Service Recordings Public Webcams | Google Goggles | Netbooks | Cloud Instance Servers | PaaS

Why Are eDiscovery Costs Rising?Increase in Collection Size per Custodian

Custodian Collection Size Increases

2005 2010 2015


201117.5 GBs per Custodian (0.9 Million pages)

20087 GBs per Custodian (0.5 Million pages)

30

20

10

5

GBs

Drivers of Processing Costs○ More ESI data sources○ More ESI stored○ Increases in Custodian

ESI size

Outpaces Drops in per GB costs

Source: Legal Technology Leadership Summit (2011)

Cloud Document Review & ProductionWhat is it?


● Self-administration● Native (Office, etc.) processing● Automatic OCR● Early case analysis● Dual-index search● Exact & near-dup ID● Doc Review & issue tagging● Blended productions● Transcript management● Timelining, depo prep● Dispositive motions● Trial document management

Web-based litigation document management software

FEATURES

Cloud Document Review & ProductionBenefits

○ FlexibleMeet feature and workflow requirements of cases when needed.

○ ScalableIncrease and decrease usage depending on case needs.

○ SecureProviders prioritize and specialize in encryption, security and recovery.

○ Low MaintenanceEliminate up-front software licensing and server maintenance cost. Reduce internal IT/Lit Support personnel costs.


Cloud Document Review & ProductionSecurity & Data Ownership

What to look for in litigation cloud service offerings:

○ EncryptionData encrypted (256-bit or above) in-place and in-transit.

○ Data Center CertificationsData centers should be certified, follow industry best standards, etc.

○ Clear Ownership RightsService agreements should clearly acknowledge client data ownership.

○ Redundant Back-Ups; RecoveryService provider should have robust and redundant backup & recovery protocols.


○ Follow and eDiscovery processes for most efficient and cost-effective case management.

○ At each stage ask: What is being done? What are the drivers of quality and cost? Would process and technology improvement yield a better result?

○ eDiscovery processes should be matched to case needs, overall case strategy and risk management.

Setup & Planning Collection Culling &

AnalysisReview & Production

Depos & Motions

Managing the eDiscovery ProcessesCloud Document Review & Production


Processing

Getting Your Files In & Out of the CloudDIY or Send it In/Out

Self-Administration-Fast-No waiting-Lower cost-Best for smaller cases

Advantages of

Vendor Handles-Expertise-Capacity-Focus-Best for larger cases

Best to have both options


Getting Your Files In & Out of the CloudDownload Case Documents


Manage the eDiscovery ‘Funnel’

ESI ID & Collection

EDA & Culling/Filtering

Review & Production

Use (Depos, Motions, Trial)

High Volume | Low Relevance

Low Volume | High Relevance<

< T

ime

<<Early Efforts Here Result in<<

<< Improved Quality and Reduced Costs Here<<

Document Review & Production


Document Review & ProductionIncoming Types for Review/Production

○ Native FilesOutlook Email (PST, MSG), Office files (Word, Excel PowerPoint), Web (HTML), Images (JPG, PNG, TIF) and most other common native files support. Container file (e.g., PST, ZIP, RAR) & email (MSG) attachment expansion.

○ Conversion to PDF for Review; OCRSupported file types automatically converted to PDF for review and OCRed. Native versions linked & reviewable.

○ Extraction and Fielding of MetadataEmail: Sender, receivers, date, time & subject; Other files: Author, date last modified, and other metadata extracted and fielded in litigation database.

○ Indexing for Fast SearchSearch index optimized for fast retrieval (usually seconds).


Document Review & ProductionAdvantages of PDF for Review○ Portable

No need for additional local software to view files. Viewing in native alone can slow reviewers. Easily printed for depos, etc.

○ Bates Stamping Documents can be bates stamped and pages specifically identified using a variety of software tools.

○ Easy to Work WithSingle file (compared with single page TIFFs with separate text files, load files).

○ Increased Searchability Applying OCR to PDF files makes most data searchable.

○ Native IntegrationNative files linked to record for access when needed; TIFFs can be created as part of production step.


Document Review & ProductionDocument Viewing - Multiple Versions

○ Hits - Highlighted from search

○ Original - Native if available

○ HTML - Extracted text from Native

○ Page - One page at a time

○ PDF - Viewing & access

○ Text - OCR of images

○ Redacted - Confidentiality

○ Annotated - For depos


Document Review & ProductionPre-Built & Custom Fields/Tags

Built-In Fields-Immediately usable-Integrated workflow-Leverage best practices-Wheel ‘already invented’

Custom Fields-Issue coding-Reviewer assignment-Add’l filtering/sorting-Unlimited in number/use

Best to have both options


○ Match Methodology and Case: Case size/type/budget will drive which review method is preferable in any given case.

○ Linear Review: Read, review, and code all documents, one at a time. Comforting but not cost-effective or even possible in larger cases.

○ Keyword Search: Using search keywords to identify responsive and privileged documents. Accurate and cost-effective if done correctly.

○ TAR: Technology assisted review/predictive coding. Manually review a seed set of documents to train computer algorithm that will automatically code the remaining documents.

Review Methodology Options


AnalysisDepos & Motions

Review & Production



Processing




Review & Production

Watch out for Inadvertent Privilege Release

○ Larger cases have put a strain on accurate privilege review.

○ Finding 24 versions of a privileged document doesn’t help if you release version 25.

○ Nothing is more costly than compromising or losing a case because of privilege disclosure.

○ Claw-back agreements a good idea, but no panacea. “You can’t unring a bell.”


Processing





Review & Production

Minimizing Risk of Privilege Release

○ Understand the Privilege Review process undertaken in detail.

○ Build dictionary of privileged sources and issues early in doc review.

○ Check for: insufficient review time; undertrained review; unsearchable documents; incomplete search indices; poor redaction controls; privilege text retained in natives, text files, and load files.

○ Use specialized computerized privilege checks for container (email family) consistency, exact-dup and near-dup identification.


Processing


○ With a Dual-Index approach the search engine indexes both text extracted from Native files (email, attachments, spreadsheets, etc.) and imaged file OCR text (TIFF, JPG or PDF).

○ Most comprehensive approach minimizes potential for lost and unsearchable data.

Document Review & ProductionBetter Search with Dual Indexing

Index MethodCaptures

Embedded Text

Captures Text Excluded From

PrintCaptures

Hidden Text

Imaged/OCR Yes No No

Native Extraction No Yes Yes

Dual Index Yes Yes Yes

Benefits of Dual Index Approach


Linear Review Workflow



Keyword Searching Workflow



Redaction



Privilege Log From Metadata

Privilege Log Auto-Creation-Metadata extracted from natives-Email date/time, sender, receiver, subject-Privilege and Work Product coding used-Privilege log automatically generated for review

Faster Log Creation Greater accuracy



Delivery OptionsWhat to look for in production delivery functionality:

○ Flexible Output Format-Produce TIFF, PDF and/or Native depending on requests/requirements. -Load files (metadata and other information) in common formats (Lexbe Excel load file, Concordance, Relativity & iConnect DAT and Summation DII)

○ Bates File Naming & Embossing-Flexible Bates naming and numbering-Confidential/Protective Order/Atty Eyes Only

○ Advantages of Including Natives-Best rendition of what custodian saw-Spreadsheets, other types paginate poorly-File metadata-Ability troubleshoot password, corruption issues-Ability to open unusual file types with local apps

Flexible delivery functionality reduces needless discovery

disputes



Issue Coding


Preparing for Depositions

Search & Review

Basics-Accurate-Fully indexed-Easy to Use

Better-Many search options-Concept-Fuzzy & stemming-Boolean-Keyword highlighting

Search Requirements

Best-Very fast (returns in seconds)-Dual indexing of natives/paginated


Preparing for Depositions

Preparing for DepositionsMultidoc Edit for Fast Issue Coding


Preparing for DepositionsWho’s on First: Key Case Participants


Preparing for DepositionsTimelines for Depo Prep


Preparing for DepositionsAssigning Docs to Deponents


Ready for Dispositive MotionsExtract Facts from Depos & Exhibits


Ready for Dispositive MotionsCategorize Facts for Fast Motion Practice


Ready for Dispositive MotionsFind & Filter Facts & Issues


TrialUsing Cloud Review Tools at Trial

What to look for in trial functionality:

○ Document Archive & Access-Cloud-based system allows you to access any case document during trial -Fast search for timely cross, etc.

○ Dynamic Timelines-Update new facts developed in trial testimony-Update timelines on the fly-Identify supporting/contradicting evidence

○ Presentation Materials-Documents, facts & issues can be exported for Trial Director, Verdict and other presentation programs



Disability Rights Ohio

impaired student against Miami University alleging discrimination.

IssuesDisability Rights attorneys, staff, and outside counsel collaborating from separate states sought a highly secure and sophisticated, yet easy to use, review solution with the ability to create productions themselves - while also meeting tight deadlines.

SolutionDisability Rights Ohio chose Lexbe eDiscovery Platform to deliver an intuitive cloud-based solution that allowed advocates across the United States to coordinate and accelerate their review efforts in a secure, full featured environment with production control.

We have found Lexbe to be a very responsive and helpful eDiscovery partner. Lexbe's review tool gives our internal staff and co-counsel a shared work environment to speed document review and productions in large document cases. Lexbe has been an excellent, cost-effective solution for our needs.

Kerstin Sjoberg-WittLegal Director

Disability Right Ohio

Case SituationDisability Rights Ohio, along with outside counsel Brown Goldstein Levy, filed suit on behalf of a visually

Case Study

SummarySolutions for Disability Rights Advocates

○ Be Able to Pursue Large CasesCosts and goals are aligned as Disability Rights Organizations can take a big case when needed without the capital and personnel costs associated with a large, standing in-house litigation support department

○ Be Reviewing FastDocuments can be loaded, processed and indexed in days from an order

○ Leverage Best PracticesLeverage industry best practices regarding security, ESI workflow, search, review and productions, as that is built into the software design

○ Level the Playing FieldCloud technology enables Disability Rights Organizations to meet larger firms head on and not be ‘out-gunned’


ResourcesLexbe Educational Resources

Available at www.lexbe.com

○ eDiscovery Webinar SeriesEach month, Lexbe delivers eDiscovery webinars for litigation professionals to learn more about specific legal technology issues and processes from industry experts.

○ eDiscovery 101 LibraryRead articles about a wide range of subjects, terms, and concepts related to eDiscovery.

○ eDiscovery CalculatorDetermine how much data you really have to manage.


http://www.lexbe.com

Thank YouContact Info


Gene Albert:Lexbe Principal

[email protected](512) 686-3382

Stu Van Dusen:Marketing Manager

[email protected](512) 843-7672

Lexbe Sales: [email protected](800) 401-7809 x22

Webinar Questions: [email protected]









lexbe ediscovery webinar- ediscovery & case management for disability rights advocates

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