eDiscovery Managing Non-Email eDiscovery Webinar Series · eDiscovery Webinar Series ABOUT LEXBE...

eDiscovery Webinar Series

Managing Non-Email Communications in eDiscoveryEffectively collect, review, produce and use text messaging, chat, IMs, and other collaborative messaging evidence in litigation


eDiscovery Webinar SeriesLexbe Confidential

● Webinars take place monthly and cover a variety of relevant eDiscovery topics

● If you have technical issues or questions, please email [email protected]

● Lexbe webinars are available for viewing (streaming video), and downloadable as a PDF Presentation or an MP3 podcast.

● This Webinar and a complete listing of other onDemand webinars 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

ABOUT OUR WEBINARS

mailto:[email protected]

http://lexbe.com/resources/ediscovery-webinars/?LEX=Webinar-PDF-15010-28-eDiscProcs

http://lexbe.com/resources/ediscovery-webinars/?LEX=Webinar-PDF-15010-28-eDiscProcs

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


ABOUT LEXBE◼ Serving boutique law firms for more than 15 years

◼ Based in Austin TX

◼ Developed a Native End-to-End eDiscovery Application Hosted at Amazon Web Services

◼ Lightning Fast, Feature Rich & Highly Affordable

◼ Purpose-Built for DIY eDiscovery

Gartner Reviews:

“Cost-effective eDiscovery” “Secure, easy-to-use and a great review tool for consideration”

“A powerful litigation document management service”

Lexbe Confidential


● CEO of Lexbe, a provider of cloud-based litigation processing, review and document management software & eDiscovery services

● Frequent speaker/author on eDiscovery and legal technology issues

● Planning Committee, Electronic Discovery Institute, State Bar of Texas

● eDiscovery consultant & expert

● EducationMBA, University of TexasJD, Southern Methodist UniversityBA, University of Texas

Gene Albert512-686-3460

[email protected]://www.linkedin.com/in/gene-albert

GUEST SPEAKER



Common Texting & Messaging Services

Apple iChat

Android Message

GROWTH IN NON-EMAIL ESI EVIDENCE


Forecast of Emails Sent Per Day

STAGGERING QUANTITIES


COLLABORATION APPS ON THE RISE THANKS TO COVID


BREAKDOWN BY APPLICATION


VARIOUS APPLICATIONS EQUALS VARIOUS FILE TYPES


Agenda● Growth in non-email messaging ESI as litigation evidence

● Problems in collecting, processing, reviewing, producing and using non-email communications

● Integrating non-email communications into eDiscovery workflows

● ESI data mapping of non-email electronic communications

● Raw data normalization and review PDF creation

● Post-processing review functions

● Production, depo and trial prep

● Benefits of integrated eDiscovery messaging


Email Messaging Remain Ubiquitous

Source: Statistica 2018Percentage of U.S.-based Internet users Utilizing Email



Same with SMS/Text Messaging

Source: Statistica 2018



GROWTH IN NON-ESI EVIDENCE


Problems in Collecting and Utilizing Messaging ESICollecting and Utilizing Messaging ESI has been and remains very difficult.

● Texting and messaging services are difficult to collect from sources● Export files are in non-standard formats and must be converted to a reviewable form● Who collects?● When collected messaging files are not unitized and instead are in one mega-file● Resulting messages are difficult to:

○ Bates stamp, print, use as exhibits○ Redact, mark confidential or AEO, annotate○ Search, browse and review inline, date sort○ Review for responsiveness, privilege, confidentiality, PII, etc.

● As a result this important evidence may be missed


Integrated eDiscovery MessagingUtilize technology to convert raw messaging data into discrete reviewable PDFs (like email) complete with metadata extraction.

● Conversations from various messaging services can be exported directly by a user, by remote collection, or by a forensics provider

● Export files contain raw data and are not in a readily reviewable format● Pre-process raw data exports into usable text and document PDFs with corresponding metadata loadfiles ● Converted message PDFs and loadfiles can then be uploaded into the applicable eDiscovery Platform for

standard document review, search and production


Maximize use of Integrated eDiscovery Messaging

Run Production Apply Facts & Issues

Setup & Planning Collection Processing &

Upload Production Depos, Motions/TrialReview

Exhibits for Depos, Motions, Trial

Annotated Version

Export Privilege Log

Integrated Search & Browse

Doc Viewer Review

Code &Privilege Review

Redaction

Messaging Pre-processing

PDF Creation

Upload to eDiscovery Platform

Export Raw Messaging ESI

Messaging ServiceIdentification

Custodian Identification

ESI Data Mapping

WORKFLOW


Custodian Identification & Data Mapping

Identify Custodians with ESI.

Create a data map to identify type, volume, and location of all Custodian-associated ESI.

Import Custodian information directly into LEP.

SETUP & PLANNING


LinkedIn raw data normalization

LinkedIn export is .csv file

Integrated eDiscovery Messaging Service data Normalization excel

LINKEDIN


LinkedIn LEP display

LINKEDIN


Google Hangouts raw data normalization


GOOGLE HANGOUTS

Raw data comes in hangouts.json fileConverted .csv display


Google Hangouts in Lexbe eDiscovery Platform DisplayGOOGLE HANGOUTS


Google Hangouts in Lexbe eDiscovery Platform DisplayGOOGLE HANGOUTS

Review Google Hangout Files as if they were in the native application


Facebook raw data normalization

Raw data comes in hangouts.json fileConverted .csv display


FACEBOOK


Facebook Lexbe eDiscovery Platform DisplayFACEBOOK


INTEGRATED BROWSE VIEW


Search Results DisplayIntegrated messages searchable through eDiscovery Platform search index

SEARCHING


Search Results Doc Viewer DisplayIntegrated messages searchable through search index

SEARCHING


Privilege ReviewIntegrated messages can be reviewed and coded in the same manner as all other standard document types

REVIEW


Apply RedactionsREVIEW


Apply AnnotationsREVIEW


Produced Bates-Stamped CopyPRODUCTION


Export of Privilege LogPRODUCTION


Link to Facts & IssuesDEPO PREP


Summary and Recap

● Texting, IMs and other messaging ESI are growing in use

● Non-email messaging ESI communications is increasingly important evidence in modern commercial

litigation

● Raises significant problems in collecting, processing, reviewing, and producing

● Should be integrated into eDiscovery workflows

● Should support unified search, browse, doc review, privilege review, produce etc.


Effectively Using non-Email Communications ESI

Determine Importance. Is Non-Email Communications likely to be important in your case?

Begin Planning Early. Important rights and evidence can be waived or lost if not pursued consistently and diligently.

Own Custodians. Identify your custodians, and include all communications questions in your interview.

Other and Adverse Custodians. Identify adverse and 3rd Party custodians likely to have relevant evidence.

CHECKLIST 1/3



ID of Non-Email Communications Technologies Used. Organizations consistently use different non-email communications technologies. Ask and don’t be surprised later.

Specific Hold Requests. Hold letters to your own custodians, and custodians of adverse parties and 3rd parties, should be specific to non-email communications technology.

Data Mapping. Do data maps of your custodians and others to determine all ESI data repositories, including non-Email Communications ESI.

R4Ps. Requests for production of documents should specifically address non-Email evidence.

Review Tool. Utilize an eDiscovery tool and vendor with messaging capabilitiesto allow for effective collection, review, privilege review, production, etc.

CHECKLIST 2/3



Text Messaging, Chat, IMs, and other Non-Email Evidence in eDiscoveryESI Order or Protocol. If used, should specifically address collection, production, and format of non-email communications. Rule 26 Meet and Confer. Request information regarding communications technologies and ESI data repositories in the case.

Look for Holes. Analyze incoming productions for gaps and holes in collection and production of incoming productions.

Follow-up in Depos. Ask deponents about communications technologies used by the deponent, and also generally within an employer organization.

CHECKLIST 3/3


END TO END E-DISCOVERY IN THE CLOUD

Lexbe Confidential

◼ Full-Featured◼ DIY◼ Infinitely Scalable◼ Accessible with a Browser


THE LEXBE UBER INDEXNative Characters

Translated Characters

All Characters From Native Files are Extracted and Included in the Uber Index.

All OCR Characters are Extracted and Included in the Uber Index.

All Images are OCR’d, Characters Extracted and Included in the Uber Index.

Lexbe’s Translation Engine Feeds the Uber Index All Translated Characters

OCR Characters

Image OCR Characters

◼ Multi-source concatenated singular index

◼ Lightning fast

◼ Seamlessly add documents without re-indexing

Lexbe Confidential


Audio Files Transcribed in the Lexbe eDiscovery Platform

Lexbe Confidential

Review transcription files and quickly identify and tag where on the audio track the evidence resides.

Lexbe’s AI Powered Transcription automatically identifies and designates each speaker.


ADVANCED APPLICATIONS OF AI

Lexbe Confidential

Audio & Video File Transcription

LanguageTranslation

ImageRecognition

SentimentAnalysis

◼ Utilizing Neural Networks for advance machine learning and high-quality results


INDUSTRY LEADING PRICING

Lexbe Confidential

Service Relativity LexbeProcessing $125 per GB $0

User Fees $95 per User $0

Technology Assisted Review $30 per GB* $0

Near Duplication * Included with Relativity Analytics

$0

Email Threading * Included with Relativity Analytics

$0

Hosting $8 per GB per Mo. $5 per GB per Mo.

AI Insights N/A $0


INDUSTRY LEADING SECURITY

Lexbe Confidential

◼ Passed extensive application penetration test by IBM in 2019

◼ United States Federal Agencies and municipalities utilize Lexbe


THIRD PARTY ENHANCED ANALYTICS

Lexbe Confidential


● The Lexbe eDiscovery Platform, is our cloud-based processing, review and production tool. Designed for Attorneys/legal staff to be DIY and easy to use, with no users fees or case fees. Free standard loading with annual plans.

● Learn about our high-speed/high-capacity eDiscovery services, and expert professional services.

● Request a personalized demo and expert consultation today!

1-800-401-7809 x22 | [email protected]

‘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’

LEARN MORE ABOUT LEXBE


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

● A recorded streaming version● MP3 podcast● PDF

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.

Presenter: Gene [email protected]

Moderator: Jeff [email protected](512) 653-8295

Webinar Questions: [email protected]

THANK YOU FOR ATTENDING

http://lexbe.com/resources/ediscovery-webinars/?LEX=WebinarBestPracCloudeDisc

https://www.linkedin.com/company/lexbe?LEX=Webinar-PDF-151028-eDiscProc


eDiscovery Managing Non-Email eDiscovery Webinar Series · eDiscovery Webinar Series ABOUT LEXBE...

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