eDiscovery Data Services

Thinking beyond your data: the intelligent connectioneDiscovery Managed Services

We connect your data and your people to build trust and confidence when it matters mostDisputes, investigations and regulatory reviews are now an everyday occurrence for many organisations. However, the uncertainty, stress and loss of trust associated with responding to, and complying with, tight deadlines for data disclosure in contentious matters continues to increase. This is driven through increasing reliance on electronic records which present significant and unique challenges if not appropriately dealt with. EY’s eDiscovery Data Services (EY eDDS) can help you understand, navigate and confidently manage these challenges with clarity, accuracy and speed.

Increasing regulatory scrutiny Regulation continues to be extensive and persistent, and is becoming more intrusive even in already heavily regulated sectors such as financial services, life sciences and energy. Enforcement tools such as Deferred Prosecution Agreements are further increasing that scrutiny. Regulation is on the rise across all industries and the remit of that regulation is ever expanding to include new and emerging issues e.g. cyber breaches.

Increasing demand for data The emergence of the big data management revolution means that organisations now expect and require greater insight from the consolidation of data sources that have become unwieldy to manage due to increasing velocity, variety and volumes of data. In addition, burgeoning levels of litigious engagement and regulatory scrutiny, combined with innovations in litigation (group actions) and litigation funding have resulted in the demands for data being at an all-time high.

Building trust through data At the outset of a dispute, investigation or regulatory review there is often a lack of clarity as to how to respond — in terms of understanding requirements, sources and locations of data and how to deal with that data to meet requirements. This causes uncertainty and can lead to a breakdown of confidence and trust in the eDiscovery process. This often results in increased costs, wasted effort, as well as negatively impacting the results of the response. Building and maintaining trust and confidence throughout the eDiscovery process is crucial.

EY’s eDiscovery Data Services (EY eDDS) team offers seamless integration from one stage of the document discovery life cycle to the next, across many and varied data landscapes. This reduces the risks and costs associated with managing the inevitable consequences of being in business today.

By understanding the data landscape, our team can support a rapid, defensible and proportional response to any dispute, investigation or regulatory request. By sharing our experience of working with that data, we enable efficiencies for future data requests and provide advice and guidance on the improvement of business as usual processes.

Key features of EY eDDS

Stages:• Data landscape mapping and identification

• On or off-site preservation and collection• Fully scalable data processing facilities• Analysis — including near deduplication,

email threading, topic modelling and advanced cognitive and contextual analysis

•  Customised data review workflows and techniques

• Production and subsequent presentation of relevant material

• Reporting and project management — standard and customised reporting templates and ‘live’ management information consoles directly accessible on demand

Pricing:• We have a number of approaches

available to price eDiscovery engagements that include subscription and unitised pricing models. Given the unique nature of many projects, we can additionally tailor approaches based on your specific requirements 

Additional services:• Proactive management of your data

landscape can be provided as part of our eDiscovery Strategic Solutions

• Bulk review of documents can be performed by our Managed Document Review team

£

You need to… We will help you by…Respond to a document production request for an investigation, dispute or regulatory review

• Calling upon our collective experience across both structured and unstructured data sources.

• Being familiar with data transfer and privacy rules, state secrecy laws and other local requirements affecting eDiscovery, enabling effective client escalation of potential issues.

• Taking the time to understand your digital landscape to assist with completeness of your response.

• Utilising, where appropriate, our global reach for insight or assistance.

Limit disruption to your business while identifying and producing relevant information

• Using transparent communication so that you are informed and in control throughout the process, but able to focus on your everyday business.

• Identifying and sculpting the most appropriate solution for the engagement, based on client needs.

• Providing real-time reporting and analytics to provide targeted information when and where you need it.

• Producing and updating gap analysis reports throughout the engagement to identify potential gaps in your data landscape.

Quickly and accurately process, analyse and/or review your data using a defensible approach

• Providing a seamless service across the entire eDiscovery life cycle.• Making use of our global methodology to provide consistent quality

of service worldwide.• Developing innovative solutions based upon your need rather than utilising

packaged solutions.• Combining all data sources, including audio, in one review location.

Proactively monitor your risks and costs whilst effectively managing your issue

• Agreeing any assumptions with you at the outset of an engagement and adapting our pricing model for your issue.

• Provide a financial tracking and reporting model that is aligned with your  internal requirements and provides clear visibility of progress and costs to date.

Reduce the impact of future eDiscovery exercises and see a return on your investment

• Re-using insights we gain across your other workstreams, or from your data and its management.

• Collaboratively supporting you to reuse work undertaken on an engagement to address other matters as required.

Benefits of working with EY eDDS

2.3 million emails are sent every second

90% of the world’s data was created in the last two years

2 million Google searches every minute

500 million tweets every day

300 hours of videos uploaded onto YouTube every minute

Cloud Data Video data (such as CCTV)

GPS Data Social Media Audio Data

Mobile device data

Database systems

E-mail data Machine generated

data

Instant Messaging Systems

Working with EY eDDSData is bringing change at a speed, scale and force unlike anything experienced before

Sources: Radicati Group, IBM, Google, Twitter, YouTube

Intelligence Connected

Reviewing alleged sanctions breaches by several banksWe have recently supported several banks conducting internal investigations into potential breaches of economic sanctions. This involved combining a review of transactions with a review of multiple individuals to assess their knowledge of potential breaches. In one case, no data was allowed to leave the client site so we deployed an isolated and secure Mobile Data Centre (MDC). Preserving unstructured electronically stored information (ESI) from live email, archiving systems, audio data and network file shares for 25 custodians, we processed and hosted a total of 1.23TB of data within the MDC. Through innovative prioritisation, we were able to reduce the total document population requiring review by 35%, leading to a commensurate reduction in legal review fees. We also supported presentations to the Regulator in respect of transaction history, data patterns and individual knowledge. Using the knowledge we gained on the investigation, we devised a methodology to improve the ongoing sanctions screening efforts of the bank.

Supporting a client complying with a court-appointed monitor under a DPAWe supported a client in responding to requests for data from a corporate monitor appointed by the court under a Deferred Prosecution Agreement (DPA). The data request deadlines were aggressive, with sanctions for non-compliance being punitive under the DPA. We developed an online document repository which facilitated regulatory requests from a central on-line platform, and simultaneously retained documents deemed commercially sensitive and privileged. We deployed mobile platforms within our client’s data centres to address local data privacy constraints. Fully auditable, each document produced was linked directly to the original Monitor request. The production of dynamic reporting from the platform and accessible by the business, allowed us to deliver insightful and relevant information directly to key stakeholders.

Navigating the eDiscovery challenges of a large contract disputeWe supported a client during a lengthy private arbitration of a contract dispute in excess of £1bn. With 2,500 potentially relevant custodians in 110 geographically dispersed independent institutions, our client also had to navigate significant and complex data privacy, security and confidentiality issues. Working directly with the client and their legal advisors, we identified key dispute milestones and prioritised key custodians and information types. These were then mapped directly to the client‘s disparate and diverse IT systems, and we undertook a series of mass collections across 50 high priority sites in a prioritised sequence. Supported by privacy, security and confidentially protocols tailored for each individual entity, we were able to complete these collections with relatively little disruption to each client entity. Robust project management and a well-defined communications protocol ensured all stakeholders were informed throughout of both progress and costs, and every milestone was met.

Talk to usFind out how we can help you protect the financial and reputational value of your business. We will react quickly and efficiently to help you prevent, detect and resolve any threats you face.

Global expertise, local knowledge, relevant skills

Sanjay Bhandari

Partner eDiscovery Managed Services sbhandari@uk.ey.com+44 20 7951 8370

Glenn Perachio

Partner eDiscovery Managed Services gperachio@uk.ey.com+44 20 7951 4628

Trevor Horwitz

Partner eDiscovery Managed Services thorwitz@uk.ey.com+44 20 7951 9627

Paul Walker

EMEIA Head of Forensic Technology and Discovery Services pwalker@uk.ey.com+44 20 7951 6935

Brian Stuart

Executive Director bstuart@uk.ey.com+44 20 7951 8407

Tyrone Edward

Director tedward1@uk.ey.com+44 20 7951 6839

Thought leadership

Global Forensic Data Analytics SurveyCyber breaches and insider threats, which include malicious insiders stealing, manipulating or destroying data, are the fastest-growing risks driving investment in Forensic Data Analytics.

Global Fraud SurveyEY’s 14th Global Fraud Survey, Corporate misconduct — individual consequences, explores how global enforcement trends are shining the spotlight on executive integrity.

Does Pyrrho signal the rise of the robolawyer?A recent case was notable for its heavy use of technology assisted review, but there is no need to fear the rise of the machines just yet. (Industry comment, The Lawyer 2016)

Shifting into high gear: mitigating risks and demonstrating returns

Global Forensic Data Analytics Survey 2016

The Lawyer | 18 April 201616

Industry comment

Whether Master Matthews regards himself as a visionary of a dystopian future in the style of George Orwell or

John Wyndham I very much doubt, irrespective of some portrayals of his recent judgment in Pyrrho Investments Ltd v MWB Property Ltd.

The issues in Pyrrho were relatively narrow. The court approved the use of predictive coding to sort over three million documents for the pur-poses of disclosure. The parties had agreed on the use of predictive coding and there is still the opportunity to use other review methods prior to trial if this proves ineff ective.

Predictive coding and other forms of tech-nology assisted review (TAR) rely on machine learning techniques that have been around for a long time. The rules enabling litigants to use TAR have been around for at least a decade since the introduction of Practice Direction 31, which was drafted deliberately widely to accommodate the emerging use of clustering technology at the time and to anticipate the evolution of new tech-niques without the need to subsequently change the rules.

The court, therefore, has always had the power to endorse the use of TAR, but Pyrrho is the fi rst such formal endorsement; it is helpful in confi rming that TAR is a valid adjunct to mass human review.

Rise of the machinesThe clamour of portentous commentary saying that Pyrrho signals the sudden ‘rise of the machines’ perhaps refl ects a thirst for better guid-ance around this issue in comparison to the rela-tively large number of decided cases in the US.

In reality, clients have been using TAR for some time, notwithstanding the absence of specifi c judi-cial endorsement. This refl ects a broader corpo-rate interest in artifi cial intelligence and software robotics to automate processes previously con-ducted as mass human exercises (both in legal and in the wider day-to-day commercial opera-tions of the business).

Some corporates suggest that the use of such techniques has been relatively eff ective in litiga-tion but those techniques need to be applied to other areas of legal activity to reduce signifi cant legal spend.

While litigation is a concern, businesses are more concerned about the rise of regulation and the need to drive down legal costs”

Sanjay Bhandari, partner, EY

For example, we are seeing signifi cant interest in the use of these techniques in contract review and remediation exercises driven by current bank ring-fencing and other regulatory requirements.

For businesses, while litigation is a concern, they are much more concerned about the inexo-rable rise of regulation and the need to drive down costs in the legal function while delivering greater consistency and quality.

And therein lies a paradox. In litigation, by the time you get to disclosure, the close of pleadings has crystallised the issues so it is easier to apply TAR to a defi ned set of issues within a reasonable deadline set by the court. There is time for the machine to learn.

In regulatory reviews, production is front loaded, timelines are aggressive and the issues are rarely crystallised. Clients and regulators are in investigation mode. In the race to gain the trust of the regulator, there is no time for the machine to learn.

So the opportunity to use TAR is, in practice, signifi cantly curtailed. In those situations, clients need a diff erent approach to the mass human review requirement, often using outsourced man-aged document review (MDR) to reduce cost and improve consistency.

The end is not (yet) nighWhat does this mean, not for the lawyers, judges or regulators but for the people who matter most: the clients who pay the bills? In our experience, it means that there is no single silver bullet. TAR does not signal the end of lawyers (yet).

Many companies are looking to further disag-gregate, disintermediate, outsource (and ulti-mately automate) the provision of some legal services. They need a balanced armoury, from the rapier of artifi cial intelligence (including TAR) to the bludgeon of MDR. Clients are looking to apply those techniques in combination across the portfolio of their legal risks – not just litigation and regulation – in order to more eff ectively man-age their costs while delivering greater consistency and quality of output to the business and to exter-nal stakeholders.

So the answer to the question posed in the title is: no. Robolawyers are already here. But Pyrrho might just create a few more.

Does Pyrrho signal the rise of the robolawyer?A recent case was notable for its heavy use of technology-assisted review, but there’s no need to fear the rise of the machines just yet

TL_180416 16 15/04/2016 12:28

Multidisciplinary professionals

• Over 4,500 FIDS professionals worldwide, including 1,400 FTDS professionals with access to over 4,000 contract lawyers.

• Forensic accountants, technologists, former law enforcement and intelligent agency professionals

• Working in 70 countries

• Across 27 industry sectors

Cross-sector specialists — including:

• Financial Services

• Life Sciences

• Extractive Industries

• Government & Public Sector

• Construction & Infrastructure

Understanding how regulations, laws and compliance issues vary by country and region

Market-leading breadth and depth of insight into complex, international business processes

eDiscovery Managed Services are provided by the Forensic Technology & Discovery Services (FTDS) group, part of EY’s Fraud Investigation & Dispute Services (FIDS) practice. We bring you the people, tools and insights you need to help protect your business from financial and reputational risks. We have a truly global reach with dedicated local teams, enabling us to support your initiatives and respond quickly to your incidents.

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About EYEY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities.

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About EY’s Fraud Investigation & Dispute Services Dealing with complex issues of fraud, regulatory compliance and business disputes can detract from efforts to succeed. Better management of fraud risk and compliance exposure is a critical business priority — no matter the industry sector. With over 4,500 fraud investigation and dispute professionals around the world, we can assemble the right multidisciplinary and culturally aligned team to work with you and your legal advisors. We work to give you the benefit of our broad sector experience, our deep subject-matter  knowledge and the latest insights from our work worldwide.

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