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Practical eDisclosure

Practical eDisclosure. Andrew Haslam. What is e-Disclosure?. e-Disclosure in a Perfect World. "If I have achieved anything it is on the shoulders of giants " Isaac Newton et al. At the start of a case, assess how much there is and where it is. Work out the best way to deal with it.

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Practical eDisclosure

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  1. Practical eDisclosure Andrew Haslam Allvision Computing

  2. What is e-Disclosure? Allvision Computing

  3. e-Disclosure in a Perfect World "If I have achieved anything it is on the shoulders of giants " Isaac Newton et al • At the start of a case, assess how much there is and where it is. • Work out the best way to deal with it. • Be prepared for the first CMC. • Technology is an aid, but not a silver bullet. Allvision Computing

  4. What have we got? "Time spent in Reconnaissance is seldom wasted " Sun Tzu et al • e-Disclosure should be covered in your initial engagement letter. • Talk to the client's IT "department" as well as to the client (and in-house counsel). • Senior Master Whitaker's Questionnaire. • External experts. Allvision Computing

  5. How do I use an expert? "There are none so blind as those, that will not see " Traditional • Take advice and give all the detail you can. • Draft a specific advice note including anticipated financial quantum. • Do this as one of the first things in the case. Allvision Computing

  6. What can they do? "Any sufficiently advanced technology is indistinguishable from magic." Arthur C Clarke • Ask the right questions. • Conduct a data mapping exercise. • Harvest the data. • Refine it according to your requirements. • Tell you the size of the problem and the pitfalls to avoid. Allvision Computing

  7. Practical Session 1 Allvision Computing Your client has sent you a memory stick with all the potentially relevant data. You want to know what is on it and how long / much will it take to process the information.

  8. When do you do this? Allvision Computing

  9. Basic Workflow Filter Filter Filter Remove unwanted files ( CAD/JPEG/.exe files) Remove unwanted data ( Amazon/Facebook/Admin) Who / What / When ( Custodians/Keywords/Dates) InitialVolume Process Refine Review Allvision Computing

  10. Unwanted Files - 1 Allvision Computing

  11. Unwanted Files - 2 Remove unwanted file types Allvision Computing

  12. Unwanted Files - 3 Allvision Computing

  13. Unwanted Data Select the type of email we want to look at Allvision Computing

  14. Case Focus Select the people we want Allvision Computing

  15. Initial Review Allvision Computing

  16. Detailed Review Allvision Computing

  17. Basic Workflow Initial Volume (20,696) Filter Filter Filter Remove unwanted files ( CAD/JPEG/.exe files) Process (11,337) Remove unwanted data ( Amazon/Facebook/Admin) Refine (5,677) Who / What / When ( Custodians/Keywords/Dates) Review (245) Allvision Computing

  18. That's nowhere near Magic "Give us the tools and we will finish the job." Winston Churchill • Keywords • Clustering • Concept Search • Email Threads • Near Duplicates • Audio Searching • Predictive coding • Automatic Translation Allvision Computing

  19. Keywords (The new battleground) "There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know " Donald Rumsfeld • Agree with the other side. (Digicel) • Need to know what you are dealing with. • Try to cut out the "noise". • "AND" is your friend, "OR" is the enemy. Allvision Computing

  20. Practical Session 2 Allvision Computing You have to carry out a proportionate search which will give you the most cost effective results. Which is the best question? • Lord Jackson Cost Review • Lord OR Jackson OR Cost OR Review • I don't know

  21. AND Allvision Computing

  22. OR Allvision Computing

  23. Practical Session 2 "Draco Dormiens Nunquam Titillandus" (Never tickle a sleeping Dragon) Hogwarts School Motto 1. = X, 2. = 20,000 times X Allvision Computing You have to carry out a proportionate search which will give you the most cost effective results. Which is the best question? • Lord Jackson Cost Review • Lord OR Jackson OR Cost OR Review

  24. Clustering • Client had 33,000 documents to review (about 330 lever arch files). • Average review = 200 docs/day • 33,000 divide by 200 = 165 review days • Paralegal @ £100/hour = £700/day • Rough review cost = £115,000 Allvision Computing

  25. Clusters 33,000 documents reduced to 11,000 Allvision Computing

  26. Clustering Costs • 33,000 documents = 100,000 pages • 15p/page to scan & OCR = £15,000 • Process and host the data for 3 months = £5,000 • 11,000 documents = 55 review days = £38,500 • Total cost = £58,500 Allvision Computing

  27. With Without Time (Days) 165 55 Cost £115,000 £58,000 Clustering Comparison A third of the time at half the cost Allvision Computing

  28. Concept search Allvision Computing

  29. Email Threads Allvision Computing

  30. Near Duplicates Allvision Computing

  31. Audio Searching Allvision Computing

  32. Predictive Coding - 1 Allvision Computing

  33. Predictive Coding - 2 • Area of great interest to Judiciary and vendors • Concept of "seeding" initial dataset and then finding similar documents. • Use in phased approach. • Key decision is where do you "cut off" the relevance and what you do with those items. Allvision Computing

  34. Automatic Translation "The realisation of ignorance, is the beginning of knowledge" Chinese proverb Allvision Computing

  35. The trouble with Metadata • In House Litigation support department passed data and images. • Electronic information collected by either client or external vendor. • ESI turned into Tiffs for disclosure exchange. • Only images exchanged, no OCR or metadata. "There's many a slip twixt cup and lip" Traditional Allvision Computing

  36. The trouble with Metadata Allvision Computing

  37. Summary • Address e-Disclosure up front. • If needed, get expert help (as soon as possible). • This is an opportunity as much as it is a threat. "Technology is a good Servant but a bad Master" Chris Dale, Andrew Haslam et al Allvision Computing

  38. eDiscovery Tools(EDT) Clearwell iConnect DocuMatrix (Epiq) Attenex (FTI) Equivio Ontrack Inview (Kroll) Stroz Review (SF) Ringtail (FTI) Nuix Autonomy IntroSpect Recommind Relativity (PLT) Caselogistix Concordance Summation LDM Global Grant Thornton (Legal Inc) Merrill Legal Tech Huron Legal (Trilantic) Credits/Players Allvision Computing

  39. Questions? Andrew Haslam Andrew.haslam@allvsion.co.uk 07789 435080 Allvision Computing

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