Lexbe eDiscovery Webinar- Best Practices: Litigation Timelining
-
Upload
lexbewebinars -
Category
Law
-
view
288 -
download
0
Transcript of Lexbe eDiscovery Webinar- Best Practices: Litigation Timelining
Best Practices: Litigation Timelining
Gene AlbertPrincipal, Lexbe LC
Early Case Analysis, Witness Prep and Cross, Motion Practice & More
August 28, 2014
eDiscovery Webinar Series
○ Takes Place Monthly
○ Cover a Variety of Relevant eDiscovery Topics
○ Presentations Available for Download by Registrants
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Info
eDiscovery Webinar Series
Lexbe is an Austin, TX based eDiscovery software and services provider.
○ Lexbe eDiscovery PlatformLexbe eDiscovery Platform is a hosted eDiscovery processing and review tool. Users can load a common 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 performs large volume document culling, processing from native to Native extracted, PDF or TIFF, load file creation, high-volume OCR of image files, Rule 26 and eDiscovery consulting, and related eDiscovery Services.
About Lexbe
Lexbe Sales [email protected]
(800) 401-7809 x22
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
If you have any questions or technical issues, please e-mail them to:
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
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
○ Principal of Lexbe LC, a provider of cloud-based litigation processing, review and document management software & eDiscovery services.
○ Frequent speaker and author on eDiscovery and legal technology issues.
○ Prior business experience in software, medical services and internet-based businesses. Prior legal experience as in-house counsel and in private practice.
○ eDiscovery consultant & expert testimony.
○ EducationMBA, University of Texas (2005)JD, Southern Methodist University (1983)BA, University of Texas (1979)
○ Contact Gene [email protected]
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
eDiscovery Webinar SeriesGene Albert Bio
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Agenda
○ Why Timelining is More Important than Ever
○ Early Case Analysis - Timelines or Data Analysis
○ Why Timelining is Often Haphazardly Done
○ Good Timelining Software Should. . .
○ Timelining Uses
○ Examples
○ Conclusion
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Data Types and Volume Keep Growing
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 Goggles | Netbooks | Cloud Instance Servers | PaaS
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining - More Important than Ever ○ More Documents and Evidence
+ Vastly more data is captured and available than ever before.+ Email, text, document drafts, etc., + Often provides a pretty complete record of contemporary thoughts and impressions.
○ Attorneys Less Involved in Documents Early+ Use of junior or outside reviewers.+ Too many documents, too little time.+ Productions can now be completed without attorneys looking at key documents in detail.
○ Challenge of Finding the Key Documents+ Still only a few really key documents, but harder to find now. ‘A pony in there somewhere’
○ ‘Learn Case as You Go’ Does Not Work Anymore+ In past, attorneys would ‘learn the case’ as the case proceeded
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining - Advantages Early in Case
○ Find New Documents, Data Sources and Custodians+ Key document and fact analysis lead to new document/data sources
○ Coordinate Witnesses with Evidence+ Avoid witnesses being discredited
○ Tie Action Elements/Jury Instructions to Evidence+ Do the facts in the documentary evidence support legal elements of the action?+ Relate documented case facts to intended jury instructions
○ Build a Coordinated Case Story+ Legal case consistent with the documentary evidence+ ‘Story facts’ consistent with the documentary evidence
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Dangers of Bad/No Timelining
○ Your Witness Testifies Inconsistent with Evidence+ Witnesses do not remember all the digital evidence+ Witnesses have selective and favorable memories of past actions+ Digital evidence must be examined and organized make consistent+ Failure to do so risks your witnesses being compromised
○ Failure to Take Advantage of Opposing Witnesses + Opposing witnesses’ testimony and story should be tied down to avoid later fabrication and retelling+ Attorney must have a good idea of the documentary evidence to be able to commit opposing witnesses’ testimony
○ Lose Opportunity to Value Case Early+ Problem of ‘leaking bad facts’ over time.+ Need for accurate ‘Early Case Assessment’ to be able to properly value your case.
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining and Early Case Assessment
○ Ambiguity in Term ‘Early Case Assessment’+ Used two different ways
○ Original Use - Assess case facts and witnesses+ Key participant and document ID+ Witness interviews+ Timlining
○ Recent usage+ Quantitative analysis of incoming electronic stored information (ESI)+ Statistical distribution of email and other case documents by time, custodian, etc.
○ Both valuable but different
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Why is Timelining Often Haphazard?
○ Attorneys Not Involved in Early Document Review+ Attorneys not involved in early document collection and review
○ Timeline Delegation+ Timelining left to junior associates or paralegals+ Delegation important and beneficial, but can lead to senior attorney ignorance of key facts
○ Inadequate Tools+ Often done in Word (WordPerfect) or on a legal pad+ Limited searching and no dynamic updating+ Limited or not document linking+ Leads to ‘always out-of-date’ timelines of limited usage
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Good Timelining Software Should Be. . .
○ Easy to Use+ Software-based & intuitive
○ Shared & Accessible + Limited value if accessible/maintained by only one person
○ Online & Secure + Allow access anytime and from home, on road, etc.+ Fully encrypted and secure
○ Linked to Files/Evidence + Close tie-in with original documents, notes and coding
○ Allow Issue Coding, Filtering and Sorting+ Organize and view by key participants, issue, date, materiality, etc.
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Uses
○ Witness Prep and Cross+ Comprehensively prepare your witnesses+ Be better prepared to cross and discredit opposition testimony
○ Transcript Analysis + Structured fact extraction is more functional than depo summary+ Relate key transcript facts to other location in depo or other depos+ Relate also to supporting exhibits and other evidence
○ Case Evaluation & Settlement Negotiations + Close tie-in with original documents, notes and coding
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Uses (more)
○ Client Meetings+ Help clients during case progression to see how strong their case is. + Assists in maintaining a accurate ongoing case valuation.+ Helps witnesses see how their testimony fits into the bigger picture.
○ Motion Practice + Dispositive motions happens quickly finding key evidence is challenging.+ Having key evidence previously identified,organized and linked to documents allows for quick effective response.
○ Trial Support + Keep timelines updated during testimony allows for effective and fast cross and support. + Basis for Time-based trial graphics for juries and judges.
Timelining Best PracticesExamples: ID Key Case Participants
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Best PracticesExamples: Issue Creation
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
○ Issue Creation from+ Cause of action elements+ Anticipated jury instructions+ ’Story’ facts+ For claims, defenses+ For your and opponents actions
Timelining Best PracticesExamples: Timeline & Depo Prep
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Best PracticesExamples: Open Documents from Timelines
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
○ Link in Timeline opens document in Doc Viewer
Timelining Best PracticesExamples: Assigning Docs to Deponents
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Best PracticesExtract Facts from Depos & Exhibits
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Best PracticesExamples: Fast Motion Practice
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Timelining Best PracticesExamples: Find & Filter Facts & Issues
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
○ Timelining is More Important than Ever+ Data is growing fast+ Facts get lost in the sea of data+ Attorneys are less involved in early review and production
○ Good Legal Timelining Software is Available + Structure by issue, case participants, materiality, etc.+ Linked to actual documents+ Online, assessable by legal workgroups and secure (encrypted)
○ Timelining can be Very Useful + Prepare and cross witnesses+ Case valuation and settlement discussions+ Client meetings+ Prepare and respond to summary motions+ Dynamic support during trial
Summary
Timelining Best Practices
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Lexbe eDiscovery Platform
● Self-administration● Native (Office, etc.) processing● Automatic OCR● Early case analysis● Dual-index search● Exact & near-dup ID● Doc Review & issue tagging● Blended productions● Transcript management● Timelining, depo prep● Dispositive motions● Trial document management
Cloud-based litigation document management software
FEATURES
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Lexbe eDiscovery Services
○ ESI Culling+ Reduce ESI stores to manageable sizes with DeNIST, deduplication, date culling and keyword culling. Metadata extractions and PST reconstitution is available as well.
○ ESI Email Collection+ Flatten and extract native file attachments and metadata to create loadfiles in preparation for native or near native review.
○ Native Processing+ Convert native documents, including Outlook Email and Microsoft Office files, into TIFF or PDF format for searchability, bates stamping, and preparation for online review.
○ eDiscovery OCR+ Apply optical character recognition to increase searchability of PDFs, TIFFs, or document-formatted JPGs or PNGs.
○ NearDup Groupings+ Identify key documents, group similar documents, ensure consistency in privilege coding, and enable email threading.
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014
Thank YouContact Info
Gene Albert:Lexbe Principal
[email protected](512) 686-3382
Stu Van Dusen:Marketing Manager
[email protected](512) 843-7672
Lexbe Sales: [email protected](800) 401-7809 x22
Webinar Questions: [email protected]
Lexbe eDiscovery Webinar Series. Best Practices: Litigation Timelines. August 28, 2014