Technology can help attorneys do much more than just review and produce documents. It helps attorneys understand their case, test theories and develop litigation strategies—as soon as data is collected. By utilizing technology to its best advantage, attorneys zero in on the information they need early on, even before a review has begun.

1. Technology is the Best Defense:
Using eDiscovery Tools to Build Your Case
Moderator: Anita Engles, Vice President Products and
Marketing, Daegis

2. Presenters
2
Gail Gottehrer
Partner at Axinn, Veltrop & Harkrider LLP
Cliff Nichols
E-Discovery Counsel, Day Pitney LLP

3. Technology is the Best Defense
What an eDiscovery “toolkit” can do for you!
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Assess the strengths & weaknesses of a case early on
Evaluate data at the outset to assist attorneys in
making recommendations to client
Find “smoking gun” early on can lead to
settlement and avoid costs
Group concepts to identify “hot” topics
Utilize technology-assisted review tools to identify
the most relevant documents early on

4. Technology is the Best Defense
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Class Action
Evaluate the likelihood that a putative class action meets the
requirements for class certification
Class Action
Evaluate the likelihood that a putative class action meets the
requirements for class certification
Employment law (litigation and investigations)
Determine if a complaint is an isolated incident or part of
a pattern or practice
Employment law (litigation and investigations)
Determine if a complaint is an isolated incident or part of
a pattern or practice
Compliance Monitoring
Find out if procedures are being followed and put audit trails
in place quickly
Compliance Monitoring
Find out if procedures are being followed and put audit trails
in place quickly
Internal investigation
Identify key participants and events before litigation ensues
Internal investigation
Identify key participants and events before litigation ensues

5. Technology is the Best Defense
WHAT: Identify potential key witnesses
Why: Helps attorneys prepare for custodian
interviews
Benefit: Confirms information from custodian
interviews and resolves inconsistencies between
custodian interviews
How:
o Communication networking tools identify who is talking to who
about what
o Concept grouping rapidly identifies evidential key concepts
o Associate e-mail addresses to custodians
5

6. Technology is the Best Defense
WHAT: Test litigation theories
Why: Can be done quickly, at low cost
Benefit: Time/cost effective way to determine
whether to pursue or abandon litigation theories
How:
o Searching the data, independent of the review
o Trial attorneys can do this on their own to test ideas as they
occur to them
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7. Technology is the Best Defense
WHAT: Prepare for Rule 26 conference
Why: Know to suggest at conference what should not be
subject to preservation, search or review
Benefit:
o Enables attorney to support burden argument with specific
numbers
o Know the scope of your data in advance
o Know the data (types of files, amounts)
o Know the results of proposed key word searches to address key
word searches requested by opposing counsel at the conference
o Enhance cooperation
How:
o Early case assessment tools
o Search analytics
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8. Technology is the Best Defense
WHAT: Develop proportionality and cost shifting
arguments for discovery motions
Why: To successfully argue limits on discovery relative
to case
Benefit: Enable attorneys to specify cost of producing
additional, marginally relevant data and arguing if
requesting party wants it, they should pay for it
How:
o Technology-assisted review tools provide statistical basis for
arguing requested discovery is not proportional
o Technology-assisted review tools provide support for argument
that requested data is not likely to be relevant
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9. Technology is the Best Defense
WHAT: Anticipate and Correct Preservation
Deficiencies
Why: Prevent motions and sanctions
Benefit: Identify deficiencies in collection practice
How:
o Use timeline analysis to identify holes in the collection
o Use e-mail threading to find missing thread pieces
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10. Technology is the Best Defense
WHAT: Monitor review
Why:
o To ensure that reviewers understand the case
o To quickly identify the need for clarification or retraining
Benefit:
o Identify the need for clarification of training so can retrain
quickly
o Identify strong reviewers
o Identify number of documents reviewed
o Get automated notice of discrepancies
How: Generate reports to help monitor the review
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11. Technology is the Best Defense Toolkit
• Technology-assisted
review
• Predictive coding
• Search Analytics
• Concept
Grouping/Clustering
tools
• Email Threading
• Near Duplicate
Detection
• Early Case
Assessment tools
• Timeline Analysis
• Communication
Analysis/Reporting
• Statistical Analysis
Tools
• Reviewer Reporting
Analytics
11

12. Q&A
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Gail Gottehrer
Partner at Axinn, Veltrop & Harkrider LLP
ggottehrer@axinn.com
Cliff Nichols
E-Discovery Counsel, Day Pitney LLP
cenichols@daypitney.com

13. Gail L. Gottehrer
Gail is a Partner in the litigation department of Axinn in New York and Connecticut. Her
practice focuses on class action defense, management-side labor and employment
litigation and other complex commercial matters. She is one of the few defense lawyers to
have been involved in the trial of a class action to verdict before a jury.
In addition to her practice, Gail is a Teaching Assistant at Columbia University in the
Information Policy and Regulation: Intellectual Property, Ethics and Litigation course in
the Master of Science in Information and Knowledge Strategy program. She serves as the
Director of the Connecticut Chapter of Women in eDiscovery. She is a member of the
Law Technology News Editorial Board and a member of the Claims and Litigation
Management Alliance eDiscovery and ESI Publications Committee. Gail is active in The
Sedona Conference Working Group on Electronic Document Retention & Production and
is part of the drafting team chosen to update its Commentary on Legal Holds. She is also
a member of the Board of Directors of the Greater Hartford Legal Aid Foundation.
Gail is a graduate of the University of Pennsylvania Law School and a former Law Clerk to
the Honorable Murray C. Goldman, Commonwealth of Pennsylvania Court of Common
Pleas, Philadelphia County. She is admitted to practice in New York, New Jersey,
Pennsylvania and Connecticut.
(860) 275-8195
Ggottehrer
@axinn.com

14. Clifford E. Nichols
Cliff Nichols, E-Discovery Counsel, works in the Commercial Litigation department and
the White Collar Defense and Internal Investigations practice group. As the firms E-
Discovery Counsel he directs all electronic investigation.
Cliff has significant and extensive experience representing financial institutions in
connection with insider trading, fraud, SEC compliance and other wrongdoings. Cliff also
designs and directs civil e-discovery and government subpoena responses for a wide
range of clients including universities, hospitals, private equity firms and manufacturing.
Cliff is an appointed Special Assistant Attorney General for a state government.
A regular speaker at e-discovery conferences and events, Cliff is recognized as a leader in
the cost-saving and efficient use of predictive coding and other types of Technology
Assisted Review (TAR).
Cliff recently worked on a high-profile case for the New Mexico State Investment Council
where he and his firm received a favorable judicial decision in their use of technology-
assisted review.
Cliff was a legal intern for The Honorable Janet C. Hall, U.S. District Judge, and for The
Honorable Barry Garber, U.S. Magistrate. He volunteers with Lawyers for Children
America.
cenichols@daypitney.
com