1. June 2011 eDiscovery A-Z

2. Agenda Introductions Expectations? ESI Methods and techniques for dealing with ESI Trends Questions

3. What is eDiscovery? Discovery in a litigation which deals with the exchange of information in an electronic format Referred to as Electronically Stored Information or ESI in the Federal Rules of Civil Procedure Amendments to the FRCP took effect in December, 2006 Certain mandatory requirements under Rule 26(f) Explicit class of discoverable materials named “Electronically Stored Information” (ESI) Some states beginning to follow the FRCP (39 states adopted similar requirements, including CA)

4. How much data? “Every two days we create as much information as we did from the dawn of civilization up until 2003.” Eric Schmidt, Google CEO Sept. 2010

5. How much data? April 2010 estimate: around 29.4 billion emails sent per day Approx. 350,000 emails per second

6. For example … Types: “Loose files”: Word, Excel, PDFs Email: Outlook PSTs, Lotus Notes, NSF (Lotus Notes), Gmail Databases Shared data: SharePoint, Wikis, Google docs Social Media: LinkedIn, Twitter, Facebook Where is it found? Computers, servers, the “cloud,” back-up tapes Smartphone, ipad, external HDs, flash drives

7. Concept: EDRM – one way of thinking about ESI

8. Preservation Litigation “holds” Why? Legal duty to preserve any potentially relevant or discoverable data Sanctions: Spoliation Qualcomm Zubulake v. UBS Warburg Identification and preservation ESI sources Computers, servers, cloud, smartphones, Back-up tapes: (FRCP vs. California Rules) “Accessible” or “inaccessible” sources

9. Another way to consider ESI Setup & Planning Collection Culling & Analysis Review Production Processing

11. Negotiating ESI protocols and terms

12. Data source identification and preservation

13. Document retention policies

14. ESI sources at client

15. Litigation holds

16. Litigation plan

17. What are the long-term goals?

18. Different goals for different litigations

19. Different docs for different litigations

20. Tracking sources

22. Forensic images

23. Targeted collections

24. Remote or on-site collections

25. Considerations:

26. Imposition on client’s personnel and resources

27. Defensibility

28. Volume

29. Custodian mobility

31. De-duplication

32. Date filtering

33. File type

34. Data culling

35. Keyword searches

36. Concept search tools

37. Budgetary issues

38. Process

39. Ethical

40. Defensible

41. Repeatable

42. Affects biggest line item cost: decreased document review cost

43. Each document culled = $1 savings

45. Native versus processed

46. Cost

47. Review processes

48. Efficient workflow

49. Contract attorneys for “first-pass”

50. Special Case: Privilege

51. Enhanced review tools

52. Near-dupes

53. Email threading

55. Form

56. TIFF, PDF, native

57. Control numbering (doc or page level)

58. Databases, reporting, and on-site inspections

59. Cost

60. Incoming productions

61. Consistent with ESI protocol

62. Review tool

64. Manage to that budget

65. Scope Creep

66. Process Participation:

67. End to end

68. Be included from beginning

69. Collections

70. Culling and review

71. Productions

72. Visibility Reporting

74. Proportional discovery

75. Cost predictability and alternative fee structures

76. Control review and ediscovery costs

77. Pre-litigation and up-front case planning

78. Effective data culling

79. Efficient review

80. Cost governance

82. Data culling techniques and processes advancing

83. Effective sampling and iteration for search terms

84. Optimized workflows leading to review efficiency

85. Predictive tagging, coding and automated review

86. Risk mitigation critical

87. Rapid technology developments

89. Targeted collections from email tools with basic culling abilities

90. Remote collections

91. Increasing importance and prevalence of cloud based apps

92. Social media

93. Lack of understanding of scope

95. Collaboration-Excellent Client Service Client Law Firm LLP

96. Questions

97. Eamonn Markham, Esq. Eamonn is the General Counsel and a Discovery Consultant at SFL Data. About SFL Data: SFL Data is the first e-discovery service provider to deliver a fixed-price managed service that enables Fortune 500 corporate legal departments and law firms to gain a world-class e-discovery function without building it. The outcome – dramatically reduced litigation costs (over 50%), better control and visibility, and defensible results. SFL Data’s clients include Oracle, multiple other leading corporations, and more than 100 AmLaw 250 law firms. Proprietary processes, domain experts who’ve led IT and discovery at 7 law firms, testifying collections experts, best-in-class software, attorney-driven project management and an infrastructure for Fortune 50 corporations lead to clients sleeping at night and returning to us repeatedly.