nathan walker building an ediscovery framework. armasv.org objective present an it-centric...

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Nathan Walker building an ediscovery framework

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Page 1: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

Nathan Walker

building an ediscovery framework

Page 2: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

Objective

Present an IT-centric perspective to consider when building an eDiscovery framework

Page 3: 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."

Page 4: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net

EDRM

Page 5: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 6: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 7: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

Source: Socha Consulting LLC and Gelbmann & Associates, www.edrm.net

EDRM

Page 8: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

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

Page 9: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 10: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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)

Page 11: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 12: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 13: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 14: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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

Page 15: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

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

Page 16: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

Iterative Process Improvement

Source: Kazeon, H5

Page 17: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

ERDM Vendor Mapping

Source: Clearwell Systems (adapted from ERDM)* Search only** Review and analysis only

SymantecQuest

StoredIQ

Page 18: Nathan Walker building an ediscovery framework. armasv.org Objective Present an IT-centric perspective to consider when building an eDiscovery framework

armasv.org

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