Best Practices: Cloud eDiscovery - Lexbe€¦ · Best Practices: Cloud eDiscovery. eDiscovery...

Stu Van DusenLexbe LC

June 11, 2015

Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure

Best Practices: Cloud eDiscovery

eDiscovery Webinar Series

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

eDiscovery Webinar Series

Lexbe is an Austin, TX based eDiscovery software and services provider.

At Lexbe, we develop and implement technology that helps small and medium-size law firms, corporations, and advocacy groups cost effectively

manage increasingly data intensive discovery. We do this via our web-based document review software, Lexbe eDiscovery Platform, high speed ESI

processing and conversion services, and a team of experienced technical specialists and expert consultants.

About Lexbe

Lexbe Sales [email protected]

(800) 401-7809 x22

Lexbe is recognized as a 'Top 100' eDiscovery Provider by ComplexDiscovery, a leading electronic discovery and information governance firm.

‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms. . . to handle large amounts of data – without investing in an IT infrastructure.’ 451 Research

Lexbe infrastructure provider AWS recognized as the Leader in Cloud Security by Forrester Research


mailto:[email protected]

If you have any questions or technical issues, please e-mail them to:

[email protected]

eDiscovery Webinar SeriesQuestions & Technical Issues



eDiscovery Webinar SeriesStu Van Dusen Bio

○ eDiscovery Solutions Consultant at Lexbe LC, advising legal professionals on cloud-based litigation data processing, review and document management software and litigation support services.

○ Prior business experience in financial services, software, and internet-based businesses.

○ EducationMS - Technology Commercialization, University of Texas McCombs School of Business (2013)BS - Management , Trinity University (2010)

Contact Stu Van Dusen512-843-7672

[email protected]



● 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

Agenda


The Big Data Challenge

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 Drive | Netbooks | Cloud Instance Servers | PaaS



The Big Data ChallengeBest Practices: Cloud eDiscovery

● 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 more complex and technical

● 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.


What is the Cloud?

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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?Best Practices: Cloud eDiscovery


How Does Cloud Technology Apply to eDiscovery?


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

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

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.


How Does Cloud Technology Apply to eDiscovery?


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 translation viewing is available within cloud platforms.


Scalability & Speed


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


Accessibility


● 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 inside counsel and experts.

● Many cloud systems offer greater flexibility in operating systems and browsers that can be used to access.

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


Security


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

● All data is strong 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 makes it very difficult to lose data.


Security



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

Reduced Costs

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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-administration of simple, iterative

tasks.


Reduced CostsBest Practices: Cloud eDiscovery

● 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



● 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



Legend

Internal Discovery Needs Internal Discovery Capacity Scalable Discovery Capacity

● Developing internal capacity to meet the lowest consistent needs reduces inefficient spend 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.


Traditional Workflow


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?


Streamlined WorkflowBest Practices: Cloud eDiscovery

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?


Integrated AnalyticsBest Practices: Cloud eDiscovery

● Access advanced eDiscovery technology and workflows without migrating data

● TAR based workflows benefit from scaled capacity provided by cloud architecture.

● Review is completed quickly, accurately


Planning & Collection

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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 DatabaseConduct 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 eDiscovery specialists

● Data can be immediately uploaded to the case database


Planning & Collection

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PaaS


Planning &

Collection

ECA&


Processing &

Collection

Trial &

Appeal


ECA & CullingBest Practices: Cloud eDiscovery

Planning &

Collection

ECA&


Processing &

Collection

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


ECA & CullingBest Practices: Cloud eDiscovery

Planning &

Collection

ECA&


Processing &

Collection

Trial &

Appeal

● Instantly generate incoming ESI pivot charts and visual graphs.

● Export Early Case Analysis data directly to Excel

● Cull using scaled server resources


ProcessingBest Practices: Cloud eDiscovery

Planning &

Collection

ECA&


Processing &

Collection

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 high per GB processing

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


ProcessingBest Practices: Cloud eDiscovery

Planning &

Collection

ECA&


Processing &

Collection

Trial &

Appeal

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

● Securely Upload and Process Native Documents Directly in Your Browser


ReviewBest Practices: Cloud eDiscovery

Planning &

Collection

ECA&


Processing &

Collection

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


Review: Fast, Comprehensive SearchBest Practices: Cloud eDiscovery

Planning &

Collection

ECA&


Processing &

Collection

Trial &

Appeal

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

● Cloud infrastructure supports fast, thorough search results.

Index Method

Captures Embedded

Text

Captures Text

Excluded From Print

Captures Hidden Text

Imaged/OCR Yes No No

Native Extraction No Yes Yes

Lexbe Dual Index Yes Yes Yes


Production

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PaaS


Planning &

Collection

ECA&


Processing &

Collection

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


Depos & Motion Practice

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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


Trial & Appeal

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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


SummaryBest Practices: Cloud eDiscovery

● 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.


Thank YouContact Info

Gene Albert: [email protected](512) 686-3382

Stu Van Dusen: [email protected](512) 843-7672

Webinar Questions: [email protected]








Best Practices: Cloud eDiscovery - Lexbe€¦ · Best Practices: Cloud eDiscovery. eDiscovery...

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