and Document Review A Litigator’s Guide to Cloud …...Christian Detrude Lexbe February 17, 2016 A...

Christian DetrudeLexbe

February 17, 2016

A Litigator’s Guide to Cloud-Based eDiscovery and Document Review

Best Practices to Speed Production and Lower Costs

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Cloud eDiscovery and Document Review | Best Practices to Speed Production and Lower Costs | February 17, 2016

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eDiscovery Webinar Series

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We are an Austin, TX based eDiscovery software and services provider, specializing in serving small & medium-sized law firms and organizations. We provide:

● Cloud-based DIY eDiscovery processing & document review software

● High-speed ESI document processing and data conversion services

● Experienced eDiscovery specialists and expert consultants

Lexbe Sales [email protected]

(800) 401-7809 x22

‘Cost-effective eDiscovery’ “A powerful litigation document management service”

‘Secure, easy-to-use and a great review tool for consideration’


About Lexbe



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https://www.linkedin.com/company/lexbe

https://www.linkedin.com/company/lexbe

○ eDiscovery Solutions Consultant of Lexbe LC, a provider of cloud-based litigation processing, review and document management software & eDiscovery services.

○ Certified eDiscovery Specialist, by the Association of Certified E-Discovery Specialists (ACEDS).

○ Specializes in working with firms without a full in-house department handling eDiscovery which are involved in the type of complex litigation that requires a high level of precision and eDiscovery expertise to gain the advantage in the discovery phase of trial.

Christian Detrude800-401-7809 x55

[email protected]


Christian Detrude Bio


● The Challenge of Big Data in Litigation

● What is the Cloud?

● How does Cloud Technology Apply to eDiscovery?

● Cloud Best Practices & Advantages By Case Stage

● Summary

Cloud eDiscovery and Document Review


Agenda


Digital Information Created, Captured, Replicated Worldwide5

3

1

2005 2010 2015 2020Source: IDC Digital Universe Study* 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 Drive | Netbooks | Cloud Instance Servers | PaaS


Cloud eDiscovery and Document ReviewThe Big Data Challenge

● People are creating more digitally stored and accessible discoverable material than ever before.

● Cases that used to have limited amounts of data collected in discovery may now have many GBs.

● Not only is there more data, but there is a growing variety of data types.

● Discovery is becoming increasingly technical and complex.

● It is very difficult for small and medium-sized firms to internally staff and manage the technical expertise and massive hardware needed to keep up.


Cloud eDiscovery and Document ReviewThe Big Data Challenge

VoipEmail





Personal Scanners | Customer Service Recordings Public Webcams | Google Goggles | Netbooks | Cloud Instance Servers |

PaaS

Case Data + Access to eDiscovery Tools & Experts

Professionally maintained, encrypted remote servers

Secure, encrypted internet connection



What is the Cloud?



What is the Cloud?


Cloud eDiscovery and Document ReviewHow Does Cloud Technology Apply to eDiscovery?

Accessibility -- Litigation teams can access case data and discovery functions from anywhere with an internet connection.

Scalability -- Instantly deploy the resources necessary to complete your discovery task. Bring capacity up and down as needed.

Speed -- More computers applied to your task results in faster throughput. Move on to the next stage of discovery earlier.

Security -- Cloud infrastructure providers are the world’s foremost experts in computer security.

Reduced Costs -- SaaS models help align costs with revenues; pay for actual rather than estimated usage.

Streamlined Workflows -- Cloud eDiscovery solutions are often integrated across case stages where traditional software solutions are not. The risk of transferring data from program to program is alleviated in the cloud.

Advanced Technology Available -- Predictive coding, near duplicate detection, concept searching, and integrated foreign language translation is available within cloud platforms.


Cloud eDiscovery and Document ReviewHow Does Cloud Technology Apply to eDiscovery?

● Cloud infrastructure allows authorized users to access case documents and discovery functions from anywhere in the world with a secure internet connection.

● Case teams can collaborate in real time with co-counsel and experts.

● Many cloud systems offer greater flexibility in choice of operating systems and browsers.

● Progress made by any one person will be instantly available to any other case team.


Cloud eDiscovery and Document ReviewAccessibility

Systems architecture allows cloud providers to increase server instances to apply more resources to your discovery task

Traditional In-House Set-Up: 1TB to process to TIFF, 1 month to do it.

Internal Capacity: 10 dedicated servers operating @ 2GBs/day

10 servers x 2GBs/day x 30 days = 600GB

And with any problems the job will not be finished on time

Scalable Cloud Capacity:

Deploy 500 servers x 2GBs/day and finish processing in 1 day

Scalable cloud discovery tools allow for much improved throughput at less cost and risk

Incoming ESI

Reviewable or Production Ready Documents


Cloud eDiscovery and Document ReviewScalability & Speed

● Cloud infrastructure providers are the world’s foremost computer security experts.

● All data is strongly encrypted in place and in transit.

● ISO security standards for cloud providers are incredibly strict, thorough, and specialized. Much more stringent standards than unregulated local machines.

● Cloud data centers also undergo grueling audits at very regular frequencies.

● Redundant configurations make it very difficult to lose data.


Cloud eDiscovery and Document ReviewSecurity


Cloud eDiscovery and Document ReviewData Center Certifications


Cloud eDiscovery and Document ReviewData Center Certifications

● AICPA SOC 1 - Attests that control objectives are appropriately designed and the controls safeguarding client data are operating effectively.

● AICPA SOC 3 - A public facing report demonstrating AWS has met the AICPA Trust Services Security Principle and Criteria.

● PCI DSS Level 1 - Specifies best practices and various security controls are in place regarding customer payment data.

● FIPS 140-2 - US government standard that specifies security requirements for protecting sensitive information.

● ISO 27001 - Internationally recognized, third-party audited confirmation that the security management program is comprehensive and follows leading practices.

Excerpt From AWS Release (https://aws.amazon.com/resources/forrester-pc-learn-more/):The Forrester Wave™: Public Cloud Platform Service Providers’ Security, Q4 2014

● Lexbe eDiscovery software and services are supported by AWS cloud infrastructure, recently named a “Leader” in cloud security by Forrester Research


Cloud eDiscovery and Document ReviewSecurity

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PaaS

Option Potential Issues

Increasing Internal Capacity:

● More resources dedicated to hiring, configuring, and managing complex IT resources.

● Moves operational focus away from litigating. ● When discovery volumes decrease, there are

costly and inactive resources.

Purchasing Fixed Volume External Capacities:

● Doesn’t align firm costs with revenues. ● Requires litigators to “see the future” in order

to make accurate/cost-efficient buying decisions.

● Often involve “user fees”, “start-up fees”, “case fees”, etc.

● Associated with top-dollar processing charges.● Prevents self-admin of simple, iterative tasks.


Cloud eDiscovery and Document ReviewReduced Costs

● In every month, this firm has active cases < 100GB

● But, there are demand spikes throughout the year as a result of new data intensive cases.

● How can you cost-efficiently address massive changes in discovery volumes?

Legend

Internal Processing Need

Best Practices: Cloud eDiscovery | eDiscovery Webinar Series | June 11, 2015


● Building internal capacity or buying fixed external capacities means purchasing hardware, software licenses, and increased staffing and management requirements.

● When internal discovery needs fall, these resources are dormant, but still expensive.

Legend

Internal Discovery Needs Fixed Discovery Capacity Inactive Discovery Capacity

Best Practices: Cloud eDiscovery | eDiscovery Webinar Series | June 11, 2015


Legend

Internal Discovery Needs Internal Discovery Capacity Scalable Discovery Capacity

● Developing internal capacity to meet the lowest consistent needs reduces inefficient spending on non-scalable solutions like local hardware, software, and staffing.

● Scalable/cloud solutions allow you to cost-efficiently meet demand in excess of your firm’s consistent need.



Collected/Received Documents

Send ESI to IT department/external vendor

Load into ECA platform

Perform cull based on simple metadata extraction

Download culled collection

Process ESI into review format

Load Processed Data into Review Platform

Review

Analytics?

Load into analytics system

Apply Analytics

Load Analytics Results

Process to agreed upon production format

Download Production

Deliver Production to Opposing Counsel

More Data?

Vendor sets up case, users in review platform

More Users?


Cloud eDiscovery and Document ReviewTraditional Workflow

Collected/Received Documents

Upload into eDiscovery Platform; self-administer case, users

Cull based on full content extraction

Process and fully extract ESI for culling and review

Review (Integrated Analytics Tools)

Process to agreed upon production format

Deliver Shared Production link to Opposing Counsel

More Data?


Cloud eDiscovery and Document ReviewStreamlined Workflow

VoipEmail






PaaS

Planning &

Collection

ECA&

CullingProcessing Review Production

Processing & Collection

Trial &

Appeal

Goals

● Identify ESI Repository & Custodians in a central database

● Remotely and Defensibly Collect ESI

● Upload to Cloud Database,Conduct Quality Control On Collections

● Be prepared for discovery conferences and for discovery to proceed in the case

Cloud Benefits

● Case teams can access planning and organizational tools from any web capable device while preparing for legal holds and discovery conferences

● Data collections are completed quickly

● ESI collections are securely and defensibly conducted by e-Discovery specialists

● Data can be immediately uploaded to the case database


Cloud eDiscovery and Document ReviewPlanning & Collection

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PaaS

Planning &

Collection

ECA&



Trial &

Appeal


Cloud eDiscovery and Document ReviewPlanning & Collection

Planning &

Collection

ECA&



Trial &

Appeal

Cloud Benefits

● Integrated ECA reporting, pivot tables & graphing of ECA collected by custodian, date range, document type, etc.

● Cull faster by applying scaled server resources

● Cull based on full document contents rather than just metadata

● Develop timelines, facts & issues early in the case

● Reduce expenses by eliminating the need for a separate ECA/culling module

Goals

● Analyze collected data to identify potential collection gaps

● Evaluate the risks associated with the case

● Continue developing initial case facts & issues, timelines

● Defensibly remove irrelevant documents from the case database


Cloud eDiscovery and Document ReviewECA & Culling

ECA & CullingPlanning

& Collection

ECA&



Trial &

Appeal

● Instantly generate incoming ESI pivot charts and visual graphs

● Export Early Case Analysis data directly to Excel

● Cull using scaled server resources



Planning &

Collection

ECA&



Trial &

Appeal

Goals

● Accurately and quickly process ESI collected to prepare for review and production

● Extract text from natives and OCR images for optimal searchability (Dual Index)

● Organize data for optimal review process

Cloud Benefits

● Self-administer ESI processing with expert assistance available; process in the cloud

● Apply massively scalable server resources to increase throughput and move on to review faster

● Avoid paying too much per GB processing

● Eliminate loading delays; documents are available for search and review once processed


Cloud eDiscovery and Document ReviewProcessing

Planning &

Collection

ECA&



Trial &

Appeal

● Assign Case Participants and automatically perform optical character recognition (OCR) on all incoming documents

● Securely upload and process native documents directly from your browser


Cloud eDiscovery and Document ReviewProcessing

Planning &

Collection

ECA&



Trial &

Appeal

Cloud Benefits

● Scalable server environment supports hyper-fast multi-language search results

● Move quickly from document to document and apply multi-doc updates instantly

● Apply near-duplicate detection, and predictive coding across massive collections within an integrated environment

● Self-administer new users and cases; reduce expenses through leaner pricing often associated with cloud SaaS

Goals

● Code documents accurately, quickly & cost effectively

● Identify responsive, privileged & attorney’s eyes only (AEO) ESI

● Search, ID, & issue code key documents

● Utilize advanced eDiscovery technologies to speed review, improve accuracy, and reduce risk of inadvertent privilege waiver


Cloud eDiscovery and Document ReviewReview: Fast, Comprehensive Search

Planning &

Collection

ECA&



Trial &

Appeal

● Dual Search Index ensures that all of the contents of a document are searchable and viewable

● Cloud infrastructure supports fast and thorough search results

Index MethodImaged/OCR Native

ExtractionDual Index

Captures Embedded Text

Yes No Yes

Captures Text Excluded From Print

No Yes Yes

Captures Hidden Text No Yes Yes


Cloud eDiscovery and Document ReviewReview: Fast, Comprehensive Search

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PaaS

Planning &

Collection

ECA&



Trial &

Appeal

Goals

● Quickly convert documents into production format

● Prevent inadvertent production of privileged documents

● Defensibly produce all responsive documents to opposing counsel on time and in agreed upon production format

Cloud Benefits

● Apply scalable cloud resources to quickly convert ESI into relevant production format

● Integrated analytics and production functions reduce the risk of inadvertent privilege waiver

● Deliver shared secure production link to speed delivery and maximize review time


Cloud eDiscovery and Document ReviewProduction

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PaaS

Planning &

Collection

ECA&


Depos &

Motions

Trial &

Appeal

Goals

● Organize key case issues and facts by linking to supporting case documents

● Create annotated and highlighted document versions to support deposition preparation and analysis

● Update Facts & Issues and Case Timelines based on depositions and motion outcomes

Cloud Benefits

● Integrated case management functionality maintains single database connection between documents and case facts & issues

● Rapidly create, edit, and download annotated/highlighted versions of documents

● Collaborate in real time with co-counsel, independent of their location

● Dynamically update Fact & Issue timelines based on deposition information


Cloud eDiscovery and Document ReviewDepos & Motion Practice

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PaaS

Planning &

Collection

ECA&


Depos&

Motions

Trial &

Appeal

Goals

● Maintain access to case documents that may be brought up by opposing counsel

● Allow rapid timeline updating for live case testimony

● Maintain case data and documents throughout the trial and appeal process

Cloud Benefits

● Accessible and searchable document repository is available at trial

● Timelines can be dynamically updated with new testimony as it becomes available


Cloud eDiscovery and Document ReviewTrial & Appeal

● Growing case ESI volumes present a major challenge to litigators.

● Traditional solutions lack the scalability needed to get in front of this trend.

● For firms to maintain and expand their competitive presence they need to be able to take on ESI intensive cases.

● Cloud technology and infrastructures have creative attractive, secure, and scalable solutions that let litigators cost-effectively handle ESI intensive cases.

● Cloud eDiscovery solutions should be flexible, integrated, and feature-rich. They should also allow for self-administration, but also provide access to technical and eDiscovery experts.


Summary


Christian DeTrude: [email protected](512) 554-5714

Stu Van Dusen: [email protected](512) 686-3469

Webinar Questions: [email protected]

Cloud eDiscovery & Document Review | Best Practices to Speed Review/Production & Lower Costs | February 17, 2016

Contact Info

Thank You







We’ll be making the following available to webinar attendees:

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Please let us know if you have any questions or comments about this webinar or suggestions for future topics. This webinar is part of the Lexbe eDiscovery

Webinar Series. For notices of future live and on-Demand webinars as part of this

series please email us at [email protected] or Follow us on LinkedIN.

For further information about Lexbe, a demo or a consultation, please contact us at 800-401-7809 x22 or via email at [email protected].


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(800) 401-7809 x22

‘Cost-effective eDiscovery’ “A powerful litigation document management service”

“Because of the Lexbe software, the entire playing field has been leveled for my firm.”

‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms

“Lexbe is the easiest eDiscovery software I have ever used’

‘Secure, easy-to-use and a great review tool for consideration’


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