Decomposition, Discovery and Detection of Visual Categories Using
Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio...
-
Upload
violet-pierce -
Category
Documents
-
view
214 -
download
1
Transcript of Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio...
![Page 1: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/1.jpg)
Visual Evidence / E-Discovery LLCVisual Evidence / E-Discovery LLC
60th Annual Meeting of the Ohio Regional 60th Annual Meeting of the Ohio Regional Association of Law LibrariesAssociation of Law Libraries
E-Discovery & Trial Demonstrative E-Discovery & Trial Demonstrative PresentationPresentation
Presented by John WinklerPresented by John WinklerVisual Evidence / E-Discovery LLCVisual Evidence / E-Discovery LLC
1382 West Ninth Street, Cleveland, OH 441131382 West Ninth Street, Cleveland, OH 44113Direct: 216.407.3939 – Headquarters: 216.241.3443Direct: 216.407.3939 – Headquarters: 216.241.3443
[email protected]@vevidence.com – www.vevidence.com – www.vevidence.com
![Page 2: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/2.jpg)
What is Electronic Discovery?What is Electronic Discovery?
Electronic DiscoveryElectronic Discovery: Identifying, preserving, : Identifying, preserving, collecting and producing Electronically Stored collecting and producing Electronically Stored Information (ESI) in response to a discovery Information (ESI) in response to a discovery request or “reasonable anticipation of request or “reasonable anticipation of litigation.litigation.
May also be conducted in response to or in May also be conducted in response to or in furtherance of an investigation furtherance of an investigation (external/internal), compliance requirement or (external/internal), compliance requirement or subpoena request.subpoena request.
![Page 3: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/3.jpg)
Sample Case to Think AboutSample Case to Think About
Case ScenarioCase Scenario:: Employee Jane Jones is a regional manager for ABC Employee Jane Jones is a regional manager for ABC
Medical. Jane leaves ABC Medical for employment Medical. Jane leaves ABC Medical for employment with new competitor XYZ Medical. with new competitor XYZ Medical.
Alleged: Jane Jones has violated her non-compete Alleged: Jane Jones has violated her non-compete and also has taken ABC Medical corporate and also has taken ABC Medical corporate documents to XYZ Medical.documents to XYZ Medical.
These documents were taken, forwarded by e-mail These documents were taken, forwarded by e-mail and removed on a USB driveand removed on a USB drive
![Page 4: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/4.jpg)
Sample CaseSample Case
Documents include client contacts, proposal worksheets, Documents include client contacts, proposal worksheets, contracts and company financials. XYZ has recently won contracts and company financials. XYZ has recently won several contracts with prior ABC Medical clients since several contracts with prior ABC Medical clients since Jane joined them.Jane joined them.
![Page 5: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/5.jpg)
Another Sample CaseAnother Sample Case
John Smith sues former employer, 123 Corp. for John Smith sues former employer, 123 Corp. for wrongful termination / Age Discriminationwrongful termination / Age Discrimination
123 Corp denies discrimination123 Corp denies discrimination Mr. Smith has copy of damaging e-mailMr. Smith has copy of damaging e-mail
![Page 6: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/6.jpg)
Preliminary Steps for Arriving at a Preliminary Steps for Arriving at a Cost- Effective Solution: “IDEA”Cost- Effective Solution: “IDEA”
1.1. IIdentify where is the ESI stored/sourcesdentify where is the ESI stored/sources
2. 2. DDetermine how much data/ESI is to be collectedetermine how much data/ESI is to be collected
3.3. E Establish best methods for collectionstablish best methods for collection
4.4. A Analyze resources/methods for review and/or nalyze resources/methods for review and/or productionproduction
![Page 7: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/7.jpg)
Step 1: Step 1: Identifying Sources of ESI:Identifying Sources of ESI:
Laptop/desktop computer Laptop/desktop computer Professional/personalProfessional/personal
Company or home network servers Company or home network servers Data, email, application, archive, voice mail and Data, email, application, archive, voice mail and
message systemsmessage systems External storageExternal storage
Backup tapes, Redundant off-site systemBackup tapes, Redundant off-site system External storage devices External storage devices
External hard drives, Floppy drives, CD’s, DVD’s, External hard drives, Floppy drives, CD’s, DVD’s, USB flash driveUSB flash drive
Portable devicesPortable devices PDA, Cell phone, Blackberry, Voice recorders, Game PDA, Cell phone, Blackberry, Voice recorders, Game
systems (Play Stations, Xbox, etc.)systems (Play Stations, Xbox, etc.)
![Page 8: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/8.jpg)
Step 2: Step 2: Defining the Amount ESI to be Collected:Defining the Amount ESI to be Collected:
Typical PC 80-120 GBTypical PC 80-120 GB 1 GB = 35,000 typed pages 1 GB = 35,000 typed pages Usually 25% is captured after de-duplication & system Usually 25% is captured after de-duplication & system
file removal (20GB x 35,000=700,000 pages)file removal (20GB x 35,000=700,000 pages) Typical Company Server 300 GB to 1 TerabyteTypical Company Server 300 GB to 1 Terabyte
10,500,000- 500,500,000 typed pages10,500,000- 500,500,000 typed pages Usually higher percentage of retrieved filesUsually higher percentage of retrieved files
CD Rom (650 megabytes) = 325,000 typed pagesCD Rom (650 megabytes) = 325,000 typed pages Large corporation backup tapes (1 terabyte)Large corporation backup tapes (1 terabyte) In 2006, 135 billion email sent dailyIn 2006, 135 billion email sent daily
Company with 100 employees send/receive 50 e-mail Company with 100 employees send/receive 50 e-mail daily (understated) =over 1.2 million per year. daily (understated) =over 1.2 million per year.
Large Company e-mail = 300 million monthlyLarge Company e-mail = 300 million monthly
![Page 9: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/9.jpg)
Step 3: Step 3: Determining Methods to Harvest ESIDetermining Methods to Harvest ESI
Custodian ControlCustodian Control Low cost, high risk spoliation and lost data, business Low cost, high risk spoliation and lost data, business
interruption, potential sanctionsinterruption, potential sanctions Copying of hard drives/files/network PathsCopying of hard drives/files/network Paths
Low cost, lost or disturbed metadata, no deleted data, Low cost, lost or disturbed metadata, no deleted data, minimal business interruption, potential sanctionsminimal business interruption, potential sanctions
Forensic imaging of hard drives/serversForensic imaging of hard drives/servers Minimal cost, litigation defensible, active/deleted data, Minimal cost, litigation defensible, active/deleted data,
business interruptionbusiness interruption Network HarvestingNetwork Harvesting
Low cost, no business interruption, large data collection, Low cost, no business interruption, large data collection, litigation defensible, active data litigation defensible, active data
Back-up Tape RestorationBack-up Tape Restoration High CostHigh Cost
![Page 10: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/10.jpg)
Step 4: Step 4: Determining Methods to Review ESI:Determining Methods to Review ESI:
PaperPaper Costly, no metadata, time consuming review, limited by Costly, no metadata, time consuming review, limited by
data amountdata amount TIFF/PDF TIFF/PDF
Costly, no metadata, limited search ability, tedious review, Costly, no metadata, limited search ability, tedious review, limited by data amountlimited by data amount
Summation/Concordance load files Summation/Concordance load files Metadata, searchable, can code, review limited to seat Metadata, searchable, can code, review limited to seat
license and terminal, limited by data amount license and terminal, limited by data amount DVD/CDDVD/CD
Metadata, review limited to terminal and Microsoft tools, Metadata, review limited to terminal and Microsoft tools, limited by data amountlimited by data amount
Web-enabled ReviewWeb-enabled Review Metadata, full search and coding capabilities, web-secure Metadata, full search and coding capabilities, web-secure
24/7 service, unlimited data amount24/7 service, unlimited data amount
![Page 11: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/11.jpg)
Preliminary Questions before Determining BestPreliminary Questions before Determining Best Methodology for Collection and Review:Methodology for Collection and Review:
Document/e-mail retention programsDocument/e-mail retention programs Hard ware & soft ware ageHard ware & soft ware age Individual custodian rights Individual custodian rights IT mapping/potential sources IT mapping/potential sources Back-up tape rotation and configurationBack-up tape rotation and configuration Client IT capabilitiesClient IT capabilities Client resources (financial/personnel)Client resources (financial/personnel) Firm resources (personnel/software & hardware)Firm resources (personnel/software & hardware)
• Industry data now suggests that 80% of Industry data now suggests that 80% of e-discovery costs are associated with review and e-discovery costs are associated with review and production!production!
![Page 12: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/12.jpg)
Back to Our Sample Case……Back to Our Sample Case……
Case ScenarioCase Scenario:: Employee Jane Jones is a regional manager for ABC Employee Jane Jones is a regional manager for ABC
Medical. Jane leaves ABC Medical for employment Medical. Jane leaves ABC Medical for employment with new competitor XYZ Medical. with new competitor XYZ Medical.
Alleged: Jane Jones has violated her non-compete Alleged: Jane Jones has violated her non-compete and also has taken ABC Medical corporate and also has taken ABC Medical corporate documents to XYZ Medical.documents to XYZ Medical.
These documents were taken,forwarded by e-mail These documents were taken,forwarded by e-mail and removed on a USB driveand removed on a USB drive
![Page 13: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/13.jpg)
Discovery StepsDiscovery Steps
Step 1Step 1. Image and restore the computers (2) used by . Image and restore the computers (2) used by Jane at ABC corporation. Investigation proves that Jane Jane at ABC corporation. Investigation proves that Jane emailed documents to her home computer and to an emailed documents to her home computer and to an XYZ email address. Jane also attached a USB drive to XYZ email address. Jane also attached a USB drive to her computer several times the last week of her computer several times the last week of employment.employment.
![Page 14: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/14.jpg)
Discovery StepsDiscovery Steps
Step 2Step 2. Request that Jane Smith image and make . Request that Jane Smith image and make her home computer or computers available for her home computer or computers available for forensic reviewforensic review
Step 3Step 3. Request that XYZ Medical produce any and . Request that XYZ Medical produce any and all documents that were received by Jane Smith that all documents that were received by Jane Smith that are copies of or were derived from those documents are copies of or were derived from those documents that were originally ABC Medical property. In the that were originally ABC Medical property. In the production note the exact location of the documents in production note the exact location of the documents in questionquestion
Destroy all documents once discoveredDestroy all documents once discovered
![Page 15: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/15.jpg)
Methods & CostsMethods & Costs
ABC Medical CostsABC Medical Costs Image, restore, and locate documents on ABC Medical Image, restore, and locate documents on ABC Medical
computerscomputers 2 computers at $2,500 each2 computers at $2,500 each
Total ABC Medical Cost Total ABC Medical Cost $5,000 $5,000
![Page 16: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/16.jpg)
Methods & CostsMethods & Costs
XYZ Medical CostsXYZ Medical Costs Image, restore and locate documents on Jane Smith’s Image, restore and locate documents on Jane Smith’s
home systemhome system 1 computer at $2,5001 computer at $2,500 Image, restore and locate documents on Jane Smith’s Image, restore and locate documents on Jane Smith’s
XYZ computersXYZ computers 2 computers at $2,500 each 2 computers at $2,500 each
Review of e-mail and data servers to locate any Review of e-mail and data servers to locate any additional documentsadditional documents Network harvesting using exact match keywords in Network harvesting using exact match keywords in
combinationcombination
![Page 17: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/17.jpg)
Methods & CostsMethods & Costs
Review of e-mail and data servers to locate any Review of e-mail and data servers to locate any additional documentsadditional documents Network harvesting using exact match keywords in Network harvesting using exact match keywords in
combination.combination. 3 servers, 750 GB searched 3 servers, 750 GB searched $21,000 $21,000
Permanent deletion of found filesPermanent deletion of found files 83 files found83 files found 12 hours @ 250 per hour12 hours @ 250 per hour $3,000$3,000
Total XYZ Medical CostsTotal XYZ Medical Costs $31,500$31,500
![Page 18: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/18.jpg)
Sample Case #2Sample Case #2
John Smith sues former employer, 123 Corp. for John Smith sues former employer, 123 Corp. for wrongful termination / Age Discriminationwrongful termination / Age Discrimination
123 Corp denies discrimination123 Corp denies discrimination
Mr. Smith has copy of damaging e-mailMr. Smith has copy of damaging e-mail
![Page 19: Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery &](https://reader036.fdocuments.us/reader036/viewer/2022081821/56649e625503460f94b5e498/html5/thumbnails/19.jpg)
Visual Evidence / E-Discovery LLCVisual Evidence / E-Discovery LLC
THANK YOUTHANK YOU
Presented by John WinklerPresented by John WinklerVisual Evidence / E-Discovery LLCVisual Evidence / E-Discovery LLC
1382 West Ninth Street, Cleveland, OH 441131382 West Ninth Street, Cleveland, OH 44113Direct: 216.407.3939 – Headquarters: 216.241.3443Direct: 216.407.3939 – Headquarters: 216.241.3443
[email protected]@vevidence.com – www.vevidence.com – www.vevidence.com