Big Case, Small Firm - Lexbe · Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5,...

Big Case, Small FirmLeveraging Cloud-Based Document Review & Production Software November 5, 2013

Gene Albert Principal, Lexbe LC

eDiscovery Webinar Series

○ Takes Place Monthly

○ Cover a Variety of Relevant eDiscovery Topics

Next Month: 10 Things You Need to Know about E-mail Discovery

○ Presentations Available for Download by Attendees.

Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013

Info & Future

eDiscovery Webinar Series

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

○ Lexbe OnlineLexbe Online is a hosted eDiscovery and hosted 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 project management consulting, and related eDiscovery Services.


About Lexbe

Lexbe Sales [email protected]

(800) 401-7809 x22

mailto:[email protected]

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

[email protected]

Questions will be forwarded to Gene and answered during the webinar or via e-mail if we run out of time.


eDiscovery Webinar SeriesQuestions & Technical Issues


○ CurrentPrincipal of Lexbe LC, a 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-MBA & BA, University of Texas-JD, Southern Methodist University


Gene Albert bioeDiscovery Webinar Series

Contact Gene [email protected]

○ Intro, ESI Growth, Ethics

○ Doing a Document Review & Productions

○ Preparing for Depos

○ Ready for Dispositive Motions

○ Trial

○ Summary, Conclusion & Trial


‘Big Case, Small Firm’ AgendaeDiscovery Webinar Series

Cloud Document Review & Production


What is it?

Web-Based litigation document management, enabling document loading, early case analysis, search, review, tagging, production, transcript management and analysis, timelining, deposition prep, dispositive motion prep and trial document management.

○ ScalableMeet feature and workflow requirements of cases when needed.

○ SecureProviders prioritize and specialize in encryption, security and recovery.

○ Align Costs with RevenuesEliminate up-front software licensing and server maintenance cost. Reduce internal IT/Lit Support personnel costs.

More Documents, No More Time


ESI Growth

○ Since 1997, data collections have grown exponentially, but the median months from complaint to federal commercial trial has increased only slightly--from 19 to 26 months.

○ Every two days we create as much information as we did from the dawn of civilization up until 2003(Eric Schmidt, Google 2010).

GBs of ESI in a Typical Commercial Case

Low

High

1995 2005 2015



Security, Data Ownership & Ethics

What to look for in litigation cloud service offerings:

○ EncryptionData encrypted in-place and in-transit.

○ Disclaimer of Ownership RightsService agreements should clearly acknowledge client data ownership.

○ Redundant Back-Ups; RecoveryService provider should have robust and redundant backup & recovery protocols. Data centers should be certified, follow industry best standards, etc.



Security, Data Ownership & Ethics

○ ABA Ethics OpinionABA ethics opinion encourage outsourcing so long as competently done with supervision. (ABA Formal Opinion 08-451 [2008]).

○ ABA Model RuleA lawyer may use non-lawyers outside the firm. Examples include … hiring a document management company to create and maintain a database for complex litigation … [and] using an Internet-based service to store client information. When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer’s professional obligations. (ABA Model Rule 5.3)

Getting Docs 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

Getting Docs In & Out of the CloudDownload Case Documents


Doing a Review & ProductionProduction Workflow


Doing a 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)

Doing a Review & ProductionAdvantages of PDF for Review


○ PortableNo 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.

Doing a 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


Doing a Review & ProductionReview Methodologies


○ Match Methodology and CaseCase size/type/budget will drive which review method is preferable in any given case.

○ Linear ReviewRead, review, and code all documents, one at a time.

○ Keyword SearchUsing search keywords to identify responsive and privileged documents.

○ Predictive CodingManually review a seed set of documents to train predictive coding algorithm that will automatically code the remaining documents. Generate and review control sets to evaluate the results.

Doing a Review & ProductionLinear Review Pros & Cons


Pros

○ Comprehensive - Going through the entire population of documents ensures a thorough review.

○ Learn Case While Coding - Time spent engaging with the document set pays off in the form of high level case familiarity at an earlier time.

○ Most Comfortable - It’s the way litigation has been done since paper was invented.

Cons

○ Slow - Takes significantly more time to go through all case data

○ Expensive - More review hours are needed to conduct linear review.

Best for

○ Small Cases - Less voluminous data sets are the best candidates for linear review.

Doing a Review & ProductionLinear Review Workflow


Doing a Review & ProductionKeyword Searching Pros & Cons


Pros

○ Fast - Large data sets can be reviewed and tagged in days or even hours.

○ Inexpensive - Much less costly than a linear review.

○ Reduces Human Error - Computer searches are consistent; not so humans.

○ Familiar - Lawyers and judges are trained in keyword searching (at least in structured data like Westlaw, etc.)

Cons

○ Over/Under Inclusive - Will not make distinctions that human reviewers might

○ GIGO - Only as good as keywords. Can be improved sampling, iteration, revision, etc.

○ No Issue Coding - Key docs still must be IDed & reviewed for depo preparation.

Best for

○ Larger Cases

Doing a Review & ProductionKeyword Searching Workflow


Doing a Review & ProductionPredictive Coding Pros & Cons


Pros

○ Fast - Large data sets can be reviewed quickly.

○ Inexpensive - Less costly than a linear review.

○ Reduces Human Error - May equal or exceed human error rates.

○ Involves Senior Attys - Involves and leverages expertise of experienced attorneys, rather than inexperienced coders.

Cons

○ Unfamiliarity - Technology learning curve for lawyers and judges

○ Limited Precedence - Little case law

○ No Issue Coding - Key docs still must be IDed & reviewed for depo preparation.

Best for

○ Larger Cases - Best for larger cases; pressing deadlines.

Doing a Review & ProductionPredictive Coding Workflow


Doing a Review & ProductionRedaction


Doing a Review & ProductionPrivilege 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

Delivery Options


What 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 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

Doing a Review & Production

Preparing for DeposIssue Coding


Preparing for DeposSearch & 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

Preparing for DeposMultidoc Edit for Fast Issue Coding


Preparing for DeposWho’s on First: Key Case Participants


Preparing for DeposTimelines for Depo Prep


Preparing for DeposAssigning Docs to Deponents


Ready for Dispositive MotionsExtract Facts from Depos & Exhibits


Doc viewer, fact tab with fact selected and pasted to fact with date, etc. Show in timeline too.

Ready for Dispositive MotionsCategorize Facts for Fast Motion Practice


Ready for Dispositive MotionsFind & Filter Facts & Issues


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 Material-Documents, facts & issues can be exported for Trial Director, Verdict and other presentation programs

SummaryA Small Firm Can Handle the Big Case


○ Be Able to Take a Large CaseCosts and revenues are aligned as small firms can take a big case when needed without having capital and personnel costs associated with a 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 smaller firms to meet larger firms head on and not be ‘out-gunned’

Thank YouContact Info


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

Stu Van Dusen [email protected] Marketing Manager: (512) 669-9485

Lexbe Sales: [email protected] (800) 401-7809

Webinar Questions: [email protected]

Next Month’s Webinar Topic: 10 Things You Need to Know about E-mail Discovery





Big Case, Small Firm - Lexbe · Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5,...

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