eDiscovery 101 - eDiscovery Putting It Into Perspective

1. eDiscovery Putting It Into Perspective - eDiscovery 101 Russ Gould Director of Marketing Electronic Evidence Discovery April 2008

2. 2 This Session eDiscovery Drivers and Challenges eDiscovery Overview Process… Collections… Processing… Review Planning for a Solution Keys to Success

3. 3 What is Electronic Discovery? . . . everything surrounding the collection of electronically stored information and processing through to its delivery to the requesting party . . . requires having a process in place that allows you to produce all electronically stored information that meets the definition of evidence as dictated by the request or order

5. Digital Information is Exploding Percent of all new business information that is created in electronic form: 97% What percent of corporate data resides in or is attached to e-mails: 60-70% How many email messages per day are sent? 183 Billion Means more than 2 million emails are sent every second

6. Rising Pressure to Perform The amendments to the FRCP, require corporations to incorporate a comprehensive and defensible strategy, process and plan for handling preservation, collection and production of ESI right from the start – and then actively manage the timelines and milestones associated with the plan. Electronically stored information (ESI) is at the forefront of any federal litigation “Federal Rules of Civil Procedure are Y2K for corporate Legal - we must respond” VP Litigation, F500 Corporation

7. High Risk Litigation Threat of Court Sanctions Tight deadlines Legal expertise eDiscovery expertise Technology expertise eDiscovery Challenges

8. GC Case Attorney IT Legal Support VP Litigation eDiscovery Manager Complex, Matrix Relationship Law Firm Law Firm EED( eDiscovery Vendor ) EED (eDiscovery vendor) Paralegal Client/Revenue Partner Senior Associate Lit Support Manager Associate Attorney eDiscoveryPartner Corporation Corporation

9. The Vendor Confusion Factor Big 4 Audit Firm eDiscovery Practices Full Service eDiscovery Specialist eDiscovery Providers Who offer eDiscovery Services & Technology Global Technology/ Consulting firms Who MAY move into eDiscoveryServices Local eDiscovery Single Service Specialists 4 Large Legal Consulting firms Who offer eDiscovery Services Small eDiscovery Technology Tool Specialists Who work through Service partners Large ECM /Search Technology Vendors

10. eDiscovery Process

11. eDiscovery - A Process

12. Using the EDRM Model

13. eDiscovery Process - Collections

14. Upfront Planning with the end in mind Map the matter, not the world Don’t ask people to do something for the 1st time in at-need situations Everything you do should be auditable, maintain chain of custody Focus on the people and the data Thoughtful and reasonable approach to backups “Only back into backups” Collections Guidelines

15. Do the tools I have capture everything required? What metadata do I need? What do we do about the hundreds of archive tapes on the matter? There is more to it than crawling and grabbing files. This is why expertise is needed. Do we want company personnel on the stand defending our process? What does the court expect? Can your company afford the risk? Collections Be Aware

16. Why Collection Skill is Important Collection has an impact on Legal Document Review Legal Document Review $1.5m (without optimization) eDiscovery Strategy Planning $25K Expert Witness $100K Data Processing $300K Collection $75K Production $100K Project Management $50K Time – on average – 7 months to 2 years

17. eDiscovery Process – Processing and Review

19. People – Process - Technology RM plan can help reduce size of cloud

20. Why Optimize the Review Legal Document Review is 70% of the cost of eDiscovery & Review Legal Document Review $1.5m (without optimization) eDiscovery Strategy Planning $25K Expert Witness $100K Data Processing $300K Collection $75K Production $100K Project Management $50K Time – on average – 7 months to 2 years

21. Clustering Documents Two types of clusters Documents about the same subject or topic Documents that are revisions or continuations of each other Objectives Create easy to understand groupings… That are very likely to receive the same annotation… Presented in a manner that facilitates review efficiency. Improve review efficiency and effectiveness

22. Review Workflow Linear workflow

23. Reviewing Relationship Clusters Related document workflow Exact Dupes Exact Dupes Exact Dupes Exact Dupes Near Dupes Near Dupes Near Dupes Near Dupes Threads Threads Threads Threads

24. CompareVue – Relationship Clusters

25. CompareVue – Review Only Differences Item View

26. Review - An Iterative Workflow Exploration, Selection & Organization Validation Review Review Cluster Folders Work Folders Review Assignments Work Product Folders Test Results

27. Relationship Cluster Benefits Linear Review Related Document Review Documents to Review Time

28. Case Studies

29. Extensive Planning Client Law firm with a multi-national client Problem Collection and processing of more than 1,000 personal computers and years of back-up tapes widely distributed across the globe Solution Deploy collection specialists and execute global effort to image, log, and control the chain of custody for users’ computers and backup media

30. Client Law firm with a global pharmaceutical manufacturer and distributor client Problem Need to process, review & annotate data from Warsaw without transferring data from Poland or sending an “army” of personnel to manage the process Solution Dispatch a small team to set up a data processing facility and hosted review using Discovery® software system Review in Poland

31. Client One of the world’s largest food producers. Problem Aggressive deadline of 45 days to find and produce all responsive documents in a 3.7M item data set Data located in seven different countries Solution Apply advanced culling and de-duplication procedures resulting in a greatly reduced data set Excellent pre-collection and pre-processing planning proved invaluable in this effort Project Management

32. Planning for a Solution

33. Electronic Evidence Discovery- EED A History of Leadership Most experienced provider of eDiscovery Processing and Review services. 1st company to offer eDiscovery project management and technology More than a decade of eDiscovery and Review Expertise Trusted partner in litigations and regulatory actions 1,300 lawsuits in the last 8 years Relied upon experts Exclusive Advisor of the Sedona Conference Working Group on Electronic Discovery and Electronic Record Retention Trainers of federal and state judiciary EED experts have testified in over 60 matters

34. A joint value proposition to provide corporations with a single source for legal compliance solutions

35. In-sourced Collection withOutsourced Services Corporations will strive to use ECM competence in combination with an eDiscovery expert service provider who understands ECM

36. Design eDiscovery Processes Defensible eDiscovery and litigation response programs Analyze, advise, design and document the critical elements of consistent and credible program Identify, preserve, search, cull, review,annotate and produce litigation data Get Help - Process Must be Defensible !

37. A Defensible eDiscovery Model Consistent process across all participating organizations Ability to schedule activities and milestones Pre-process vetting and validation Scalable to meet any matter size or deadline Ability to integrate 3rd party products and services in a planned way Defensible — Tested and Proven

38. Software IBM eDiscovery. . . EED is a partner

39. Legal Content Management Altien For Corporate Legal (A4CL) - UI designed specifically for Corporate Legal - Precursor to eDiscovery collection - Sits on Corporate Legal desktops in a simple, user friendly way - Allows CL and IT to better manage unstructured data for the purposes of litigation Enable attorneys to create efficient legal content management leveraging the power of current ECM investment

40. CM: Altien for Corporate Legal

41. Legal Process Management

42. BPM: eDiscovery Process Manger

43. Keys to Success

44. Project Management

45. Communications Portal Create and track support tickets, review known issues, find solutions Request work online and track progress through the EED system Get real-time access to project and work order status

46. Keys for eDiscovery Success Automate existing legal dept. processes Custodian Notification Dedicate internal resources Need specific expertise Partner Outside Counsel IBM (ECM supplier) eDiscovery vendor Establish enterprise protocol for eDiscovery Sync IT, RM, Legal Must be defensible Not Just Technology People Process Technology Leverage ECM platform Content Management Business Process management

47. Leave Your Business Card Excellent white paper resources eDiscovery and ECM Natural Partners Email Retention in 2008 Collections Best Practices Copy of presentation A Key resources Sedona Conference www.sedonaconference.org

48. Thank You for Your Time! Russ Gould Director of Marketing Electronic Evidence Discovery, Inc. rgould@eedinc.com 206-343-0131