practical edisclosure

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Practical eDisclosurePractical eDisclosure

Andrew HaslamAndrew Haslam

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What is e-Disclosure?What is e-Disclosure?

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e-Disclosure in a Perfect e-Disclosure in a Perfect WorldWorld

At the start of a case, assess how At the start of a case, assess how much there is and where it is.much there is and where it is.

Work out the best way to deal with it.Work out the best way to deal with it. Be prepared for the first CMC.Be prepared for the first CMC. Technology is an aid, but not a silver Technology is an aid, but not a silver

bullet.bullet.

"If I have achieved anything it is on the "If I have achieved anything it is on the shoulders of giants " shoulders of giants "

Isaac Newton et alIsaac Newton et al

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What have we got?What have we got?

e-Disclosure should be covered in e-Disclosure should be covered in your initial engagement letter.your initial engagement letter.

Talk to the client's IT "department" as Talk to the client's IT "department" as well as to the client (and in-house well as to the client (and in-house counsel).counsel).

Senior Master Whitaker's Senior Master Whitaker's Questionnaire.Questionnaire.

External experts.External experts.

"Time spent in Reconnaissance is "Time spent in Reconnaissance is seldom wasted " seldom wasted "

Sun Tzu et alSun Tzu et al

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How do I use an expert?How do I use an expert?

"There are none so blind as those, that "There are none so blind as those, that will not see " will not see "

TraditionalTraditional

Take advice and give all the detail Take advice and give all the detail you can.you can.

Draft a specific advice note including Draft a specific advice note including anticipated financial quantum.anticipated financial quantum.

Do this as one of the first things in Do this as one of the first things in the case.the case.

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What can they do?What can they do?

"Any sufficiently advanced technology "Any sufficiently advanced technology is indistinguishable from magic." is indistinguishable from magic."

Arthur C ClarkeArthur C Clarke

Ask the right questions.Ask the right questions. Conduct a data mapping exercise.Conduct a data mapping exercise. Harvest the data.Harvest the data. Refine it according to your Refine it according to your

requirements.requirements. Tell you the size of the problem and Tell you the size of the problem and

the pitfalls to avoid.the pitfalls to avoid.

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Practical Session 1Practical Session 1

Your client has sent you a memory Your client has sent you a memory stick with all the potentially stick with all the potentially relevant data. You want to know relevant data. You want to know what is on it and how long / much what is on it and how long / much will it take to process the will it take to process the information.information.

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When do you do this?When do you do this?

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Basic WorkflowBasic WorkflowInitial Volume

Process

Refine

Review

FilterRemove unwanted files ( CAD/JPEG/.exe files)

Remove unwanted data ( Amazon/Facebook/Admin)Filter

Who / What / When ( Custodians/Keywords/Dates)Filter

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Unwanted Files - 1Unwanted Files - 1

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Unwanted Files - 2Unwanted Files - 2

Remove unwanted file types

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Unwanted Files - 3Unwanted Files - 3

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Unwanted DataUnwanted Data

Select the type of email we want to

look at

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Case FocusCase Focus

Select the people we want

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Initial ReviewInitial Review

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Detailed ReviewDetailed Review

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Basic WorkflowBasic WorkflowInitial Volume (20,696)

Process (11,337)

Refine (5,677)

Review (245)

FilterRemove unwanted files ( CAD/JPEG/.exe files)

Remove unwanted data ( Amazon/Facebook/Admin)Filter

Who / What / When ( Custodians/Keywords/Dates)Filter

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That's nowhere near MagicThat's nowhere near Magic

"Give us the tools and we will finish the "Give us the tools and we will finish the job." job."

Winston ChurchillWinston Churchill

KeywordsKeywords ClusteringClustering Concept SearchConcept Search Email ThreadsEmail Threads Near DuplicatesNear Duplicates Audio SearchingAudio Searching Predictive codingPredictive coding Automatic TranslationAutomatic Translation

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Keywords (The new Keywords (The new battleground)battleground)

"There are known knowns. These are "There are known knowns. These are things we know that we know. There things we know that we know. There are known unknowns. That is to say, are known unknowns. That is to say,

there are things that we know we don't there are things that we know we don't know. But there are also unknown know. But there are also unknown

unknowns. There are things we don't unknowns. There are things we don't know we don't know " know we don't know "

Donald RumsfeldDonald Rumsfeld

Agree with the other side. (Digicel)Agree with the other side. (Digicel) Need to know what you are dealing Need to know what you are dealing

with.with. Try to cut out the "noise".Try to cut out the "noise". "AND" is your friend, "OR" is the "AND" is your friend, "OR" is the

enemy.enemy.

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Practical Session 2Practical Session 2You have to carry out a You have to carry out a proportionate search which will give proportionate search which will give you the most cost effective results. you the most cost effective results. Which is the best question?Which is the best question?

1.1. Lord Jackson Cost ReviewLord Jackson Cost Review

2.2. Lord OR Jackson OR Cost OR ReviewLord OR Jackson OR Cost OR Review

3.3. I don't knowI don't know

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ANDAND

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OROR

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Practical Session 2Practical Session 2You have to carry out a You have to carry out a proportionate search which will give proportionate search which will give you the most cost effective results. you the most cost effective results. Which is the best question?Which is the best question?

1.1. Lord Jackson Cost ReviewLord Jackson Cost Review

2.2. Lord OR Jackson OR Cost OR ReviewLord OR Jackson OR Cost OR Review

1. = X, 2. = 20,000 times X

""Draco Dormiens Nunquam TitillandusDraco Dormiens Nunquam Titillandus""

(Never tickle a sleeping Dragon) (Never tickle a sleeping Dragon)

Hogwarts School MottoHogwarts School Motto

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ClusteringClustering

Client had 33,000 documents to Client had 33,000 documents to review (about 330 lever arch files).review (about 330 lever arch files).

Average review = 200 docs/dayAverage review = 200 docs/day 33,000 divide by 200 = 165 review 33,000 divide by 200 = 165 review

daysdays Paralegal @ £100/hour = £700/dayParalegal @ £100/hour = £700/day Rough review cost = £115,000Rough review cost = £115,000

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ClustersClusters

33,000 documents reduced to 11,000

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Clustering CostsClustering Costs

33,000 documents = 100,000 pages33,000 documents = 100,000 pages 15p/page to scan & OCR = £15,00015p/page to scan & OCR = £15,000 Process and host the data for 3 Process and host the data for 3

months = £5,000months = £5,000 11,000 documents = 55 review days 11,000 documents = 55 review days

= £38,500= £38,500 Total cost = £58,500Total cost = £58,500

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Clustering ComparisonClustering Comparison

£58,000£115,000

55165Time (Days)

Cost

Without With

A third of the time at half the cost

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Concept searchConcept search

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Email ThreadsEmail Threads

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Near DuplicatesNear Duplicates

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Audio SearchingAudio Searching

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Predictive Coding - 1Predictive Coding - 1

Predictive Coding - 2Predictive Coding - 2

Area of great interest to Judiciary and Area of great interest to Judiciary and vendorsvendors

Concept of "seeding" initial dataset Concept of "seeding" initial dataset and then finding similar documents.and then finding similar documents.

Use in phased approach.Use in phased approach. Key decision is where do you "cut Key decision is where do you "cut

off" the relevance and what you do off" the relevance and what you do with those items.with those items.

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"The realisation of ignorance, is the "The realisation of ignorance, is the beginning of knowledge"beginning of knowledge"

Chinese proverbChinese proverb

Automatic TranslationAutomatic Translation

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The trouble with MetadataThe trouble with Metadata

In House Litigation support In House Litigation support department passed data and department passed data and images.images.

Electronic information collected by Electronic information collected by either client or external vendor.either client or external vendor.

ESI turned into Tiffs for disclosure ESI turned into Tiffs for disclosure exchange.exchange.

Only images exchanged, no OCR Only images exchanged, no OCR or metadata.or metadata.

"There's many a slip twixt cup and lip""There's many a slip twixt cup and lip"

TraditionalTraditional

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The trouble with MetadataThe trouble with Metadata

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SummarySummary Address e-Disclosure up front.Address e-Disclosure up front. If needed, get expert help (as soon If needed, get expert help (as soon

as possible).as possible). This is an opportunity as much as This is an opportunity as much as

it is a threat.it is a threat.

"Technology is a good Servant but a "Technology is a good Servant but a bad Master"bad Master"

Chris Dale, Andrew Haslam et alChris Dale, Andrew Haslam et al

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Credits/PlayersCredits/Players

eDiscovery ToolseDiscovery Tools ((EDTEDT))

ClearwellClearwell iConnect iConnect DocuMatrix (DocuMatrix (EpiqEpiq)) Attenex (Attenex (FTIFTI)) EquivioEquivio Ontrack Inview Ontrack Inview

((KrollKroll)) Stroz Review (Stroz Review (SFSF)) Ringtail (Ringtail (FTIFTI))

NuixNuix Autonomy IntroSpectAutonomy IntroSpect RecommindRecommind Relativity (Relativity (PLTPLT)) CaselogistixCaselogistix ConcordanceConcordance SummationSummation LDM GlobalLDM Global Grant Thornton (Legal Grant Thornton (Legal

Inc)Inc) Merrill Legal TechMerrill Legal Tech Huron Legal (Trilantic)Huron Legal (Trilantic)

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Questions?Questions?

Andrew HaslamAndrew Haslam

Andrew.haslam@allvsion.co.uk

07789 43508007789 435080