EDRM - OLP

EDRM – Collection, Processing, Analysis

Presented by: David Kearney

www.linkedin.com/in/davidjkearneyThe Organization of Legal Professionals

www.theolp.org February 2013

http://www.linkedin.com/in/davidjkearney

The Phases of EDRMFour sessions – 90 minutes each session

I. Overview/CollectionII. Collection/ProcessingIII. ProcessingIV. Analysis

OLP - eDiscovery Certificate Program

EDRM - Overview• http://www.edrm.net/• Stands for The Electronic Discovery Reference Model• First launched in 2005 and released publically in

2006• Developed to provide a standardized approach to e-

Discovery related activities• Helps visually depict the movement of electronic

discovery components from one phase to the next.• Contains 9 phases/stages;

Information ManagementIdentificationPreservationCollectionProcessing

Review Analysis Production Presentation


http://www.edrm.net/



EDRM - Overview

• Stages standardize workflow• Stages are not fixed sequentially• Not meant as a literal, linear or waterfall model• The EDRM is meant to be iterative in nature


EDRM - Overview• Information Management

– Getting your electronic house in order to mitigate risk & expenses should e-discovery become an issue, from initial creation of electronically stored information through its final disposition.

• Identification– Locating potential sources of ESI & determining its scope, breadth & depth.

• Preservation– Ensuring that ESI is protected against inappropriate alteration or destruction.

• Collection– Gathering ESI for further use in the e-discovery process (processing, review, etc.).

• Processing– Reducing the volume of ESI and converting it, if necessary, to forms more suitable for review & analysis.

• Review– Evaluating ESI for relevance & privilege.

• Analysis– Evaluating ESI for content & context, including key patterns, topics, people & discussion.

• Production– Delivering ESI to others in appropriate forms & using appropriate delivery mechanisms.

• Presentation– Displaying ESI before audiences (at depositions, hearings, trials, etc.), especially in native & near-native forms, to elicit further

information, validate existing facts or positions, or persuade an audience.

Stages


http://www.edrm.net/25









EDRM - Overview• Information Management– Many issues can be better managed if this stage is

taken seriously and implemented with consistent & sound practices.

– This is THE STARTING POINT for the entire process. Sound and comprehensive information management strategies aid organizations in the identification, preservation, and collection steps of the process and can lower the number of documents that need to be preserved, collected, reviewed and produced. This is where more organizations can GET IT RIGHT. Furthermore, risks and costs are reduced.


EDRM - Overview

• Identification– Locating potential sources of ESI &

determining its scope, breadth & depth.


EDRM - Overview

• Preservation– Ensuring that ESI is protected against

inappropriate alteration or destruction.


EDRM - Overview


Common TermsECA/EDA – 2 definitions

Legal – End-to-EndE-Discovery/Data - Analyze unstructured electronically

stored informationProportionality

Ways to Limit BurdensCourt may look for ways to use proportionality

FRCP – Federal Rules of Civil ProcedureGoverns all aspects of procedure for civil matters in United

States District CourtsRules 26 to 37 - Discovery

04/08/2023 OLP - eDiscovery Certification Course

EDRM - Overview

EDRM - Overview


COLLECTION


EDRM - CollectionGathering ESI for further use in the e-discovery process (processing, review, etc.).

Once documents/files have been preserved (sometime one and the same), collection can begin

Transfer/acquisition of data for review Includes; Servers, PCs, Macs, Linux, Windows, iOS, Android,

handheld devices, flash/thumb drives tablets, MP3 players, phone systems, backup tapes, CD/DVD, databases (financial, CRM, ERP), structured/unstructured data, Cloud/Social Networking Sites

Proper planning and careful implementation can reduce time & money spent

Ensures integrity of evidence Proper collection can guard against future disputes (discovery

about discovery – causes unneeded rancor between parties) Process must be defensible, proportionate, efficient, auditable, and

targeted. May impact and expand the scope of the discovery process Collection costs can be significant


EDRM - CollectionYou Oughta Know…

In an Exchange/Outlook E-Mail environment, if a user deletes E-Mail from the deleted items folder (sometimes called double-deleting) the E-Mail is then stored in the Dumpster on the Exchange Server.

The administrator can set the Dumpster to retain deleted E-Mail for a specified period or indefinitely.

This should be a discussion point when looking to collect data from an Exchange Server.


EDRM - CollectionThe collection methodology for acquiring ESI in a legally defensible manner


EDRM - CollectionA reasonable collection strategy must address what ESI should be collected, when, and howWhat: The total corpus of potentially collectible

ESI will usually have been defined during the process of formulating the internal preservation directive/litigation hold. Usually consists of four main categories of data locations:1. Individual employee files2. Department/group files3. Enterprise databases4. Backup Media


EDRM - Collection When: Not all data identified for preservation

needs to be collected right away. Some data may never need to be collected. Collecting all data that has been preserved may unnecessarily inflate costs and overwhelm the case team with irrelevant data

How: Once the timing of collection from a data location has been decided, the team must assess what level of forensic defensibility should be employed for the collection


EDRM - Collection

Normal collection processes generally involve straight forward copying, that maintains the integrity of the metadata, of the ESI as it exists on the system

A forensic protocol must ensure that the process is carried out in a way that will produce reliable information consistently, so the individual conducting the collection can testify

The protocol must also provide for a means of verifying the integrity of the work that has been done by maintaining an untouched mirror copy of the inspected materials


EDRM - Collection

Maintaining Integrity of Metadata…The single most important thing that can

be done is to use a software or hardware write blocker.


EDRM - Collection

MetadataSystem Metadata - Data about the

architecture of the systemFile Metadata - Data about the data in a

specific file that is recorded internal to that file


EDRM - CollectionYou Oughta Know…Acquisition is actually the proper term for collecting electronic data. In digital forensics, examiners refer to the copying of data as acquiring to avoid any confusion that might be caused by using “copying”, since copying doesn’t imply that the copy was made in a forensically sound manner.


EDRM - Collection

Tools Used During Collection:Write BlockerLEOSuitesTask SpecificSoftwareHardware


EDRM - Collection• Forensically Defensible Collection – a forensically sound

collection will preserve all potentially relevant metadata that may be of use to the trial team in its claims. This collection type utilizes a “write-blocker” to prevent alteration of source media when a device is attached to retrieve the data.

• Maintains rigorous chain-of-custody controls that document all collection steps, from initial access to the point of storage or processing.

• Ensures that nothing about the data is altered or degraded• A collection by a third-party vendor will often be the best

method. • Typical of a targeted collection


EDRM - Collection• Forensic Collection – a forensic copy of a hard

drive will include every byte of data on that drive, including data in unallocated space and slack space. Forensic inspection of a party’s computer system is rarely necessary.

• Because forensic collections are much more invasive and inclusive, there is a greater risk of disclosure of information that is either irrelevant to the matter or protected by privilege claims. The forensic protocol must therefore take steps to mitigate risks and protect the producing party.


EDRM - Collection• Unallocated Space – The area of computer media,

such as a hard drive, that does not contain normally accessible data. Unallocated space usually occurs as the result of a file being deleted. Until portions of the unallocated space are used for new data storage, in most instances, the old data remains and can be retrieved using forensic techniques.

• Slack Space – The space that remains on a hard drive when a file is saved that does not take up one or more complete clusters of space on the drive. Slack Space is part of the Unallocated space on a hard drive


EDRM - CollectionYou Oughta Know…

Re-booting, Defragging, or running other disk management utilities may clear some data from the unallocated space on a storage device.

Some MAC systems, the later ones, are installed with a secure delete function that deletes a file and then goes in behind the actual deletion and overwrites with zeros the space that was occupied by the file.

Also, there are third party applications, know as File Wiping applications that can obliterate a file, within reason. One cannot delete or overwrite a file that is being used by another part of the system.


EDRM - Collection

The decision regarding the degree of forensic defensibility will be required for ESI collection. This decision must be made on an individual basis depending on the cost, accessibility, and needs of the case.

The software & process used must, at least, be capable of write protecting the files during the collection process and maintaining the integrity of both the system and file metadata associated with each file/document

One constant is the need to have detailed and complete documentation of the critical decisions and actions made during the collection process


EDRM - Collection

Whether or not a file server should be forensically collected depends on the nature of the investigation. More often than not, collecting the active data and relevant network shares is appropriate

If extracting an event, log, intrusion, or other time critical event, forensic imaging of the entire server may be necessary


EDRM - Collection

• Collection can be accomplished by:– The Client – Corporate/IT Personnel– Custodians – Potential dangers when

custodians/clients try to collect their own data – especially when seeking consistency and unbiased process, e.g. 10, 25, 50 custodians and a delete key.

– Outside Law Firm– Vendor


• Forensic inspection protocols– There are no “standard” protocols for forensic

inspection, but at least must mitigate the risk of disclosure of irrelevant or protected information

– Parties and courts generally consider the same issues when crafting protocols:• Qualifications and objectivity of the inspector• Methods that the inspector(s) will use• Detailed set of instructions for exactly what is subject to

inspection and copying• A means of verifying the integrity of the work

EDRM - Collection


The court may limit discovery and shift costs when ESI is not reasonably accessible because of undue burden or cost

Rule 26(b)(2)(B) of the FRCP states:A party need not provide discovery of electronically

stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost

The Federal Rules also provide an outline of how objections are to be me made and resolved

EDRM - Collection


• Not Reasonably Accessible– Balancing Test:• Cost of converting data into more accessible format• Cost to review the data for responsiveness, privilege, or

other concerns• Business disruption and other internal costs

– Other issues to address:• Relevance of data residing on the source• Overall litigation value of the data at issue• Other means to get information

EDRM - Collection


On motion to compel discovery or for a protective order, the party from which discovery is sought must show that information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause. However, the court may put conditions on the discovery from the source, such as cost-shifting.

Legacy data is frequently the subject of claims that it is “not reasonable accessible”. Backup tapes are being considered more-and-more as reasonably accessible, but have historically been classified a not reasonably accessible.

EDRM - Collection


• Sources of ESI– Shared network resources are resources, files, or

other data shared throughout the network being examined, such as• E-Mail servers• Document Servers• Files Servers• Other resources shared across the network

EDRM - Collection


• Other sources– Cloud/web-based storage and E-Mail (e.g. Gmail,

Yahoo, Box, Dropbox, Facebook…• Absent a subpoena or court order, it is nearly

impossible to collect the data held by an ISP• Flash, temporary, and ephemeral data storage (e.g.,

thumb/external drives leave data droppings)• Social Networking applications• Databases (reports v. exporting the data)

EDRM - Collection


• Structured v. Unstructured data• Differences & Specifics

– Structured Data - Information with a high degree of organization» Relies on users» Legal Hold at application level

– Unstructured Data » No identifiable structure» Potential large number of users» May be largely duplicative

• How it is applied to e-Discovery– Structured Data – e-Discovery expenses are IT & User costs for

identification, Collection, and Legal Hold– Unstructured Data – Costs are for Processing, Analysis & Review

EDRM - Collection


• Cost Factors– Travel to different locations to have personnel on-site to

perform collection– Whether the collection is performed by use of an automated

script that can run remotely or without manual operation– Custodian interviews at the time of the collection may raise

initial costs, but are more efficient in the long run since such interview will likely to be ultimately needed

– Forensic collection require the use of different, more complicated techniques, and the collected data will need extra handling during processing and review

EDRM - Collection


• Cost Factors– Impacted by the number of megabytes, gigabytes, terabytes,

Petabytes, Exabytes, etc. needed to be collected– The human review, which can be the most time consuming and

expensive part of the entire e-discovery process…even if using Technology Assisted Review…volume of review becomes larger with the amount of data collected, just by basic nature of more…

– Controlling, Monitoring, and being able to justify a sound stepped approach to limit the data being collected (custodians, data range, etc.)

EDRM - Collection


EDRM - CollectionQuality Control Validating that all ESI has been collected. In general, over-inclusive

collections, coupled with repeatable, documented, and defensible methods to cull and search ESI will be most effective at validating the collection of ESI.

Court are increasingly sensitive to the costs of electronic discovery and the concept of proportionality, which should be taken into account when assessing the scope of the collection

In some cases, the use of software tools will aid in validating the collection of ESI. Failure to use commonly accepted methods and technologies may expose the client to additional risk

In addition, each piece of digital data can generate a unique value, known as a HASH VALUE. Commonly used hash formats are “MD5” and “SHA-1”. If a dispute arises about the integrity of a piece of information, the hash value of the original data can be compared with the original's has value.


EDRM - Collection

A word about foreign data discovery… What is routine and mandated practices in the U.S.

may amount to criminal conduct abroad. Counsel must consult local authorities before engaging

in discovery related activities. Absent a connection with a party to the U.S.-based

litigation, obtaining ESI in a foreign country requires resort to the Hague Convention, the Data Protection Directive, or local laws of the particular jurisdiction

Foreign countries are extremely sensitive to privacy


EDRM - Collection

…Outside of the U.S.Special attention should go to the collection of data from sources outside of the United States. Many countries, including the European Union have laws, regulations, and policies that restrict a company’s ability to collect and transmit data outside of the jurisdiction for use in legal proceedings in the U.S. Careful evaluation should be given to collection of data outside of the U.S. and extra time needs to be allocated for such collections


EDRM - Collection

• Other commonly used tools and devices for collection– Faraday Bags– Inventory & Tracking System– Check-in & Check-out Procedures– Cameras and Video Recording


EDRM - CollectionResource:Digital Forensics for Legal Professionals - Understanding Digital Evidence From the Warrant to the Courtroom

Larry E. DanielLars E. Daniel


EDRM - CollectionTips

When wrongdoing is suspected, don’t “take a quick peak” at a computer without forensic collection

Don’t delay to preserve a deviceDon’t assume that all devices are the same a PCsAlways document the processDon’t assume that the device is not encryptedDo not save time/money but using traditional file copy

methodsDon’t process everything at one timeTest and sample search terms and expressionsExamine foreign language types


PROCESSING


EDRM - Processing

ProcessingReducing the volume of ESI and converting it, if necessary, to forms more suitable for review & analysis.


Native Format

• Documents in native format:– Have not been converted in any way from its

original form– Will appear and behave exactly as they did at the

point of creation– If produced in native form, no costs incurred to

convert into another format– Contains full metadata, which often includes

privileged or sensitive information (subject, author, date, tracking changes, etc.)


Imaged Format

• Documents in imaged format:– Equivalent to printing a document and creating a

static page image– Can be time-consuming, expensive to process– Can lead to loss of information useful to

requesting party, i.e. the loss of metadata


Metadata• Metadata, which is a part of all types of ESI, exists in

fields that can be used to populate a load file database created by the requesting party.

• Examples of metadata fields are:– Names (author, sender, recipient, blind recipients)– Dates (create date, sent, received, modified)– Subject (primarily for e-mail)– Document type– “Text” (searchable field containing the text or body of the

document itself) –


EDRM - ProcessingYou Oughta Know…

“Text” field needs to be removed when redacting

OCR needed re-done after redactions applied – Maybe a You Oughta Know slide


EDRM - Processing


EDRM - Processing

Assessment• Assessment is a critical first step in the workflow as it

allows the processing team to ensure that the processing phase is aligned with the overall e-discovery strategy, identify any processing optimizations that may result in substantive cost savings and minimize the risks associated with processing. A critical aspect of this step is to ensure that the processing methodology will yield the expected results in terms of the effort, time and costs, as well as expected output data streams.OLP - eDiscovery Certificate Program

EDRM - Processing

Preparation• During assessment a determination is

made as to which classes of data need to be moved forward through processing. At that point there may be a number of activities required to enable handling and reduction of that data.


EDRM - Processing

Selection• One of the primary reasons for

“processing” data in an e-discovery project is so that a reasonable selection can be made of data that should be moved forward into an attorney review stage


EDRM - ProcessingOutput• The data that has been selected to move

forward to review is transformed into any number of formats depending on requirements of the downstream review platforms, or in certain circumstances simply passed on to a review platform in its existing format; or it may be exported in a native format.


EDRM - Processing

Overall Analysis / Validation• Throughout the four phases of processing

there are opportunities to analyze the data or results of certain sub-processes to ensure that overall results are what was intended, or that decisions as to the handling of the data are valid and appropriate.


EDRM - ProcessingOverall Quality Control• Validation is the testing of results to ensure

that appropriate high level processing and selection decisions have been made, and ensuring that ultimate results match the intent of the discovery team. Quality Control (“QC”) involves testing to see that specific technical processes were performed as expected, regardless of what the results show.


EDRM - Processing

Overall Reporting• To meet the needs of project management;

status reporting; exception reporting; chain of custody and defensibility it is important that processing systems track the work performed on all items submitted to processing.


EDRM - Processing

• Collected ESI must first be entered into an appropriate software program or tool with processing ability

• Regardless of who processes the data, it is imperative that the resulting data sets are reviewed and that the process is validated

• The processing software must provide logs of what was accomplished and what failed during processing.


EDRM Processing

Tools Used for Processing PC/Server-Based Cloud-Based Vendor-Based


EDRM - Processing

• Methods for limiting volume include:– Culling to exclude particular document types– De-duplication– Elimination of system files– Application of search terms and date

limitations


EDRM – Processing

• Culling– Processing methods must account for and

remove irrelevant data– Before data is indexed for processing, it can be

culled by the following criteria:• Remove all files of file types deemed to have not

evidentiary value• Remove documents with certain file paths• Eliminate files that fall below a size threshold


EDRM - Processing

• Common Search Techniques:– Used to locate relevant and eliminate irrelevant – Keyword

• List of words likely to be contained in relevant documents

– Boolean• cat AND dog• cat NOT lion

– Proximity searches• cat /10 scratch• cat /p scratch


EDRM - Processing

• Search terms (cont.):– What is being searched?

• Text of document?• Metadata?• Attachments?• Images?

– Formulating terms• Witness interviews• Names of key persons• Product/project/code names and numbers• Consider input from opposing party


EDRM - Processing

• De-duplication:– The process of removing exact copies of the

same message or file from a data set, thus reducing the number of files that need to be reviewed.

– Within-custodian– Across-custodian– “Near duplicates” – slight changes to a

document; different hash values


EDRM - Processing

Culling Methods• Deduplication• DeNISTing• Paths• Size• No evidentiary value


EDRM - Processing

• Deduplication• DeNISTing


EDRM - Processing

• Budget based on assumptions from actual data– Client should have a good idea of custodian data– Know the data being worked with, e.g. E-mail will

have a much different volume vs. databases/spreadsheets

– Having more time permits greater cost control, & consistency

– Open communications and discussions with opposition to agree on scope and methods

– Collecting all data that has been preserved may inflate costs unnecessarily


EDRM - Processing

You Oughta Know…


Foreign Language Documents

Unless your software application understands Unicode, it will not handle foreign language documents easily.

In order to successfully search and review foreign language documents, you need to make sure the software used to collect and process them is Unicode compliant.

ANALYSIS


EDRM - AnalysisAnalysis

Evaluating ESI for content & context, including key patterns, topics, people & discussion.


EDRM - Analysis


EDRM - Analysis

• Fact Finding


EDRM - Analysis

• Search Enhancement


EDRM - Analysis

• Review Enhancement


EDRM - Analysis

• Process Analysis


EDRM - Analysis

• Validation/Quality Assurance


Analysis

• Evaluating ESI for relevance & privilege. – Privilege issues– Review methods– Budgeting and costs

• Evaluating ESI for content & context, including key patterns, topics, people & discussion.


Review & Analysis: Privilege Issues

• Rule 26: “Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense…”

• We review to:– Distinguish relevant from irrelevant– Protect privileged material• Attorney-client communications• Attorney work product



• Waiver of privilege• Clawback agreements– Agreement that inadvertent production of privilege

material will not constitute a waiver• Quick peek agreements– No effort to weed out privileged material up front

• Evidence Rule 502– Generally establishes that inadvertent production will not

result in waiver– Encourages use of protective orders including clawback

agreements



Alers v. City of Philadelphia, No. 08-4745, 2011 WL 6000602 (E.D. Pa. Nov. 29, 2011)

• Where defendants inadvertently produced a privileged memorandum as part of a multi-page document amid more than 2000 pages of document production and where they requested return of the document four days after learning of its disclosure at a deposition (where there was no objection made), the court found that privilege was not waived (despite defendants’ choice to attach the memorandum to a publically available motion)


Review & Analysis: Review Methods

• Coding– Responsive or non-responsive– Privileged– Confidentiality – “Key” documents

• Basic linear review• Concept searching• Clustering (uses linguistic, latent semantic technologies)

– E.g., when searching the term “diamond,” clustering will allow you to distinguish between “baseball” diamond and diamond “ring.”

• Predictive coding


Technology Assisted Review

• …or Predictive Coding• …or Computer Assisted Review•…or Intelligent Review•…or ???? Review


EDRM - CARRM

• EDRM’s Computer Assisted Review Reference Model


Review & Analysis: Review Methods

• Predictive coding• Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ.

1279, 2012 WL 607412 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012)– Magistrate Judge Andrew Peck approved use of computer-assisted

review (predictive coding) to locate responsive documents – “[C]omputer-assisted review is an acceptable way to search for

relevant ESI in appropriate cases.” – “As with keywords or any other technological solution to e-discovery,

counsel must design an appropriate process, including use of available technology, with appropriate quality control testing, to review and produce relevant ESI while adhering to Rule 1 and Rule 26(b)(2)(C) proportionality. ”


Review & Analysis: Budgeting and Costs

• Discovery costs may well be the largest budget item, other than trial

• Since few cases ever get to trial, discovery is often the single most expensive part of any litigation matter



• Understand the cost drivers– Number of custodians– Volume of ESI each custodian will handle– Review of ESI

• Create a budget of the estimated costs as early as possible

• All assumptions should be stated explicitly in the budget so that variances can be noted and the client can adjust expectations accordingly



• The complexity of the case will have a direct impact on the cost of e-discovery– Complexity of the coding schema (number of tags the

reviewers will be applying)– Sophistication of the privilege issues presented by the facts

of the case– Number of passes of review that are anticipated

• The most efficient way to organize a review is with numerous decisions during a single pass review rather than through separate review phases of the same material



Race Tires Amer., Inc. v. Hoosier Racing Tire, Corp., 674 F.3d 158 (3d Cir. 2012)

• On appeal, the Third Circuit vacated the District Court’s approval of taxable costs related to electronic discovery and remanded with instruction to re-tax in accordance with this opinion. Specifically, the court concluded that the relevant vendors’ charges “would not qualify as fees for ‘exemplification’” and that “of the numerous services the vendors performed, only the scanning of hard copy documents, the conversion of native files to TIFF, and the transfer of VHS tapes to DVD involved ‘copying’” and were thus recoverable.


Production

• Delivering ESI to others in appropriate forms & using appropriate delivery mechanisms.


Production

• Parties should agree on a form of production at the outset of discovery, ideally at the earliest stage of discovery.

• Under Rule 34, the requesting party may specify a format to which the producing party may object and offer an alternative format.

• Rule 34 of the FRCP states that the format must be either the form in which it is ordinarily maintained in the usual course of business or a reasonably usable form.


Production

• Native format– The form in which the document is maintained in

the system where it was created• Reasonably useable formats– Any imaged format of the ESI such as TIFF or PDF– Should include metadata


Production: Native Format

• Documents in native format:– Have not been converted in any way from its

original form– Will appear and behave exactly as they did at the

point of creation– If produced in native form, incur no cost to

convert into another format– Contain full metadata, which often includes

privileged or sensitive information (subject, author, date, tracking changes, etc.)


Production: Imaged Format

• Documents in imaged format:– Equivalent to printing a document and creating a

static page image– Can be time-consuming, expensive to process– Can lead to loss of information useful to

requesting party, i.e. the loss of metadata


Production: Metadata• Metadata, which is a part of all types of ESI, exists in

fields that can be used to populate a load file database created by the requesting party.

• Examples of metadata fields are:– Names (author, sender, recipient, blind recipients)– Dates (create date, sent, received, modified)– Subject (primarily for e-mail)– Document type– “Text” (searchable field containing the text or body of the

document itself) – • TIP: “Text” field needs to be removed when

redacting


Documenting Production

• ESI productions should include correspondence, production shipments, confirmation and shipping receipts, and a tracking log showing:– What material was produced– On which type of storage media (CD, DVD, hard

drive)– How it was transmitted


Documenting Production

• The production media should be subject to quality-control checks to:– Assure completeness– Show lack of corruption– Conform with production format (as agreed upon

in the parties’ 26(f) discovery plan) • Documentation of these processes should be

kept to show timely and accurate compliance with production requests.


Overall Tips

• Consult FRCP and local rules of pertinent jurisdiction• Stay organized and keep complete records, specifically about

critical decisions and actions during the processes• Track what was done, by whom, when & how it was done• Maintain specific routine practices across cases/projects to

increase efficiency and ensure critical steps are not missed

IT IS NOT IF PROCESSES/ACTIONS WILL BE SCRUTINIZED…

…BUT WHEN

BE PREPARED!


Additional Resources

• E-Discovery and Electronic Records - Healthcare Resource Guide to e-Discovery and Electronic Records - Focuses on the process of electronic discovery (e-discovery) and electronic records management for healthcare document retention and production. – Authors: Kimberly A. Baldwin-Stried ReichKatherine Ball, Michelle Dougherty, Ronald J. Hedges


THANK YOU

David J. Kearneywww.linkedin.com/in/davidjkearney

http://www.linkedin.com/in/davidjkearney

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