nathan walker building an ediscovery framework. armasv.org objective present an it-centric...
TRANSCRIPT
Nathan Walker
building an ediscovery framework
armasv.org
Objective
Present an IT-centric perspective to consider when building an eDiscovery framework
armasv.org
Reality Check
“The reality of electronic discovery is it starts off as the responsibility of those who don't understand the technology, and ends up the responsibility of those who don't understand the law."
armasv.org
Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net
EDRM
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Challenges
Legal– Sound methodology– Process quality– Acceptable performance– Diverse and moving regulatory targets
Cost containment– Storing everything is costly and counterproductive– Outsourcing will not remove risks– Penalties are increasing
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Challenges Technical– No single vendor meets all needs– Systems integration, interfaces– Search is more than keywords, it’s concepts and analytics– Massive, distributed and complex datasets– Must be iterable, measurable and transparent– IT being given 1 week or less to search millions of records
Human– Consistency of action and result– Misunderstanding of ediscovery needs/capabilities
armasv.org
Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net
EDRM
armasv.org
Information Management Identification
Preservation
Presentation
Production Presentation
Collection
Review
Analysis
Information Management
Information Lifecycle Management defines data life and actions (RM, legal, IT, exec)
Align business and legal information retention needs with IT policy and procedure
Business happens here
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Identification
Information Management Identification
Preservation
Presentation
Production Presentation
Collection
Review
Analysis
Locate data to preserve and potentially disclose for a legal proceeding
Identify potential custodians and target data repositories
Consider forensic capture Establish ranges and scope
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Preservation, Collection
Information Management Identification
Preservation
Presentation
Production Presentation
Collection
Review
Analysis
Begins with duty to hold (nebulous and broad…) Ensures ESI is protected against tampering,
destruction and spoliation Meet and confer IT (non-legal) is now fully engaged Data sources: mobile phones, PDA, voicemail,
efax, scanned images, ECM, email, files, application servers, et cetera… (including metadata)
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Over-inclusiveness (false positive)– Data not properly culled– Wasted time during critical project phase– Legal review time is $$$ per hour. – May share privileged/confidential documents
Collection and Processing Risks
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Collection and Processing Risks
Under-inclusiveness (false negative)– Sanctions for noncompliance– Surprises at deposition or in court– May miss key data for defense or offense
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Processing, Review,Analysis
Information Management Identification
Preservation
Presentation
Production Presentation
Collection
Review
Analysis
Pre-processing filter by custodian, date, strong file type, and file size.
People analytics to group custodians and communications
File analytics to dedupe and allow single review if multi-sources
Term analytics to capture relevant language content
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Production
Information Management Identification
Preservation
Presentation
Production Presentation
Collection
Review
Analysis
Automated Bates stamps Redaction (I’m going to use a lifeline…) Index searchable text
armasv.org
Presentation
Information Management Identification
Preservation
Presentation
Production Presentation
Collection
Review
Analysis
Becomes difficult to review native files as applications are deprecated
Plaintext or HTML along with native version Metadata, hidden rows, layers of content
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Iterative Process Improvement
Source: Kazeon, H5
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ERDM Vendor Mapping
Source: Clearwell Systems (adapted from ERDM)* Search only** Review and analysis only
SymantecQuest
StoredIQ
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Summary
An eDiscovery framework is people, process and technology aligned to meet legal, regulatory and records management objectives. No one vendor meets all needs
Expect to make continuous and incremental progression
Integration of discrete parts is key Common lexicon will aid communication