Date post: | 07-Nov-2014 |
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The EDRM in the Era of Big Data
EDRM in the Era of Big Data
Proprietary 2
Discussion Overview
Big Data is Only Getting Bigger
Electronic Discovery Reference Model: Technology & Tips
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Big Data is Only Getting Bigger
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Source: Cisco, The Internet in 2015 is the Dawn of the Zettabyte Era
A zettabyte is approximately one trillion gigabytes!
IDC projected that the total amount of global data in 2012 reached
2.7 zettabytes
Big Data is Only Getting Bigger
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Organizations will deal with 50 times more information by 2020 than they're managing today.
» Source: IDC, The Digital Universe (2011).
From a litigation perspective, 1 in every 3 corporations involved in ediscovery averaged more than 2.5 terabytes of data per legal matter in 2011 – a 20% increase in the last 3 years.
» Source: IDC, Leveraging Cloud-Based Delivery Capabilities for Do-It-Yourself (DIY) eDiscovery (Feb. 2012).
Electronic Discovery Reference Model: Tips &
Technology
1) The Importance of
Information Management
2) Identification & Early
Planning
3) Information Lockdown:
Preservation & Collection
4) Processing, Review &
Analysis
5) Perfecting Production
In the era of Big Data, the solution is not to preserve everything
» Preservation should be viewed as an exception to the status quo
To prevent inefficiencies and risks caused by duplicate copies and over-retention, you must balance the need to retain required records, but simultaneously dispose of non-essential data.
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The Importance of Information Management
Identification & Early Planning
Rule 26(f):
» Directs the parties to “discuss discovery of electronically stored information during their discovery-planning conference”
Rule 16(b):
» Designed to help both the parties and the court prepare for electronic discovery issues at the outset of litigation
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Courts often look to steps the plaintiff has taken to commence litigation
» The Sedona Conference, Commentary on Legal Holds: The Trigger and The Process
The duty to preserve is often triggered before litigation commences because plaintiffs control the timing of litigation
» Pension Comm. v. Banc of Am. Sec.
Information Lockdown: Preservation & Collection
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When is litigation
π Δ Courts often pry into the
information the defendant has received indicating it is the target of a lawsuit
» The Sedona Conference, Commentary on Legal Holds: The Trigger and The Process
Unequivocal notice of impending litigation not required
» Goodman v. Praxair Servs. Inc.
Information Lockdown: Preservation & Collection
Identify data sources and preserve appropriately:
» Preserve pertinent ESI upon reasonable anticipation of litigation
» Avoid rendering data inaccessible
» Create and maintain a data storage directory and use it to identify, locate and ascertain the accessibility of responsive data
» Enlist the help of individuals who are properly trained in handling digital data to avoid questions regarding completeness or accuracy of data collection
» Special consideration: data stored in the “cloud” is raising new preservation risks & obligations
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Key benefits:
» File identification
» Effective keyword searching
» Elimination of blank and duplicate documents
» Segregation of potentially privileged documents
» Flagging of very large files
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Responsive Non-Responsive Privileged
Processing, Review & Analysis
Processing, Review & Analysis
Many search tools on one belt:
» Keyword search – Requires exact match (“baseball AND glove”)
» Concept search - Allows users to enter a keyword or phrase and obtain conceptually related items (doesn’t require direct syntactical match)
» Topic grouping - Groups similar documents and labels them for quick identification
» Near duplication – Identifies redundant, nearly identical documents
» Email threading - Reviewers can identify, group and review e-mail conversations based on content
» Technology-assisted review – Involves training a computer to make responsiveness decisions on unreviewed documents
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Perfecting Production Pros Cons
Paper Review
Familiar to many
attorneys
High print costs
Can’t search
Native Review
Reduced document
processing costs
Search capabilities
Potential loss of
metadata
Can’t redact
Can’t Bates
TIFF Imaging Metadata preserved
Search capabilities
Redaction capabilities
Important parts of
documents not
visible
High costs
Online Repository
Preserves metadata
Allows advanced
searching
Can handle multiple
production formats
Cost
Portability of
documents
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