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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.
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
About Lexbe
Lexbe Sales [email protected]
(800) 401-7809 x22
If you have any questions or technical issues, please e-mail them to:
Questions will be forwarded to Gene and answered during the webinar or via e-mail if we run out of time.
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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)
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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 & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Is eDiscovery Data Increasing?
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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?
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
● 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.
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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.
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
○ 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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Getting Your Files In & Out of the CloudDownload Case Documents
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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).
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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.
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
○ 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
Setup & Planning Collection Culling &
AnalysisDepos & Motions
Review & Production
Document Review & Production
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Processing
Review Methodology Options
Setup & Planning Collection Culling &
AnalysisDepos & Motions
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.”
Document Review & Production
Processing
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Review Methodology Options
Setup & Planning Collection Culling &
AnalysisDepos & Motions
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.
Document Review & Production
Processing
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
○ 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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Linear Review Workflow
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Document Review & Production
Keyword Searching Workflow
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Document Review & Production
Redaction
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Document Review & Production
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Document Review & Production
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Document Review & Production
Issue Coding
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Preparing for Depositions
Preparing for DepositionsMultidoc Edit for Fast Issue Coding
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Preparing for DepositionsWho’s on First: Key Case Participants
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Preparing for DepositionsTimelines for Depo Prep
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Preparing for DepositionsAssigning Docs to Deponents
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Ready for Dispositive MotionsExtract Facts from Depos & Exhibits
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Ready for Dispositive MotionsCategorize Facts for Fast Motion Practice
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Ready for Dispositive MotionsFind & Filter Facts & Issues
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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’
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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.
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
Thank YouContact Info
eDiscovery & Case Management for Disability Rights Advocates | eDiscovery Webinar Series | June 26, 2014
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]