ESI and E-Discovery Valid E-Discovery Plans

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ESI and E-Discovery Valid E-Discovery Plans - Description

Drafting/Granting Discovery Orders. Case Studies. E-Discovery. ESI and E-Discovery requests are becoming a standard part of civil cases.. Electronic. Systems Information. E-Discovery Process. Goals of Discovery. ID: 722624 Download Presentation

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ESI and E-Discovery Valid E-Discovery Plans




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Presentations text content in ESI and E-Discovery Valid E-Discovery Plans

Slide1

ESI and E-Discovery

Valid E-Discovery Plans

Drafting/Granting Discovery OrdersCase Studies

E-Discovery

Slide2

ESI and E-Discovery requests are becoming a standard part of civil cases.

Electronic

Systems InformationE-Discovery ProcessGoals of Discovery

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ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

ESI &

E-Discovery

Slide3

We use the term ESI to describe any information stored on electronics. At its core we are talking about 0s and 1s

The Digital Age

Electronic HardwareTypes of Information Extracted

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

Electronic Systems Information

Slide4

Paper is hard to preserve, reference and search.Electronic

communication dominating workplace Handwriting is slow and it is difficult to catch errorsMedical, financial and most other businesses moving to the paperless office.

The Digital Age

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

Paper is no longer the medium of choice. Typing has replaced writing.

The Digital Age

Electronic Hardware

Information Extracted

Slide5

Desktop ComputersLaptop Computers

Cell/Smart PhonesTabletsPhone Systems

Video CamerasDigital Key SystemsElectronic Systems/Hardware

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

Offices tend to have more electronics storing data than they have people.

The Digital Age

Electronic Hardware

Information Extracted

Slide6

EmailsText MessagesOffice Documents

Internet HistorySocial Media (Facebook, blogs, tweets)

Instant Messages (Skype, Yahoo, ooVoo)Office DatabasesPhone Conversations

Video Captures

Computer Use Logs

Information Extracted

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

The most requested information involves the

Internet

; emails and browsers.

The Digital Age

Electronic Hardware

Information Extracted

Slide7

The process for E-Discovery is often a give and take.

Attorney:

Request for discovery of electronic systems informationJudge: Drafts or approves order to define scope and termsE-Discovery Team:

Identifies hardware possibly containing data

Preserves and collects the data from that hardware

Processes, reviews and analyses data

Produces findings to the court

Data and Digital Forensic Specialists

Analyze and summarize

production

Provide expert opinions and feedbackAssist Attorneys

in courtE-Discovery Process

ESI & E-Discovery

Case StudiesCourt Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

The Digital Age

Electronic Hardware

Information Extracted

Slide8

Find specific documents claimed to exist by the attorney’s client that support their position.Prove that their client did not have or ever have documents, emails, images, etc. that they are being accused of

possessing.Prove the whereabouts of their client at a specific time.Find documents that might exist or might have been deleted by the opposition that might discredit their position.

Show the opposition and/or client’s virtual persona in order to reinforce suspected real life activities.Goals of ESI Requests

The goal is to find either documents entered by either party or find logs related to the use of the computer or system.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

Slide9

Identifying the HardwarePreserving the Data

Collecting the DataProcessing the CollectionReview/

Analyze for AccuracyProductionValid E-Discovery Plans

Recognizing a valid E-Discovery plan is necessary to avoid pitfalls such as data corruption.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Electronic Systems Info…

E-Discovery Process

Goals of E-Discovery

Slide10
Home Environment

Home ComputersMobile Devices

Online Accounts/Social MediaInternet Service Provider DataOffice EnvironmentCentral Servers that Store Data

Backup SystemsDesktops/laptopsMobile DevicesVideo/Voice and other recording devices

Identifying

the Hardware

Additional copies and backups of data on hardware may be discovered through the review stage.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide11

Placing the data on holdFreezing the data in time

Seize hardware with no warningRequire shut down of system till matters are resolvedE-Discovery Team in “Read Only” mode

No Insert, Update or Delete instructions by teamPreserving the Data

Preserving the data’s integrity requires a precise plan and clear documentation

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide12

Copy the Data Bit by BitEvery “a” = 01100001 is copied perfectly to another drive as 01100001Bits are verified as accurate by copy software

Collected Data verified to be accessibleOriginal data (hard drives) never used in processingData can be collected live or offlineCollecting the Data

The data from the hardware is copied using trusted forensic tools and software.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide13

Search the drive for keywords, word patterns and/or date ranges

Use common data tools to find data in structured data filesFlag discovered data with ID NumbersProcessing the Collected Data

Processing the data requires the use of automated software combined with skilled query writers

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide14

Look for irrelevant data floodEvaluate completeness of data, possible oversights

Review the readability of the collectionLook for hidden or encrypted data

Review/Analyze for Accuracy

This requires knowledge of data structure and a clear unpartisan review of the data’s relevance and completeness.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide15

Index all discovery for court useProduce in standard formats like; PDF, TIFF

and at times, printProduction as seen by the software used to create the file

Organize the production in logical sequences for readabilityProduction

The

p

roduction need to be well organized, indexed and in context to the software used to create the data

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide16

Defining a scope

Common PitfallsAbuses of the System

Drafting/Granting Discovery Orders

The order must carefully balance ensuring that all relevant data can be found with limiting the flood of data produced and costs incurred on both sides.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Identifying the Hardware

Production

Review/Analyze

Processing

Collecting

Preserving

Slide17

Define possible related dataEliminate specific hardware parameters

Set timeframe for stages of completionDefine expected output formatDetermine number of production copies needed

Plan for Intellectual Property and confidential information filteringDefining a Scope

The scope narrows down the details of what is to be collected and produced.

It

clarifies the task for the E-Discovery team to respond to.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Defining a Scope

Abuses of the System

Common Pitfalls

Slide18

Cost of production and “low ball” bidsTime delays caused by unorganized

E-Discovery teams scrambling to learn as they go through due process.Hardware and software errorsUncooperative I.T. staff from the other party, evasive disclosure.

Common Pitfalls

Pitfalls can be reduced by clear communication and expectations set in the order and well organized E-Discovery teams.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Defining a Scope

Abuses of the System

Common Pitfalls

Slide19
E-Discovery

TrollsSimilar to patent trolls, their goal is to force settlements by threatening “shut down” of business critical systems.Data Flooding

The goal is to flood the opposite party with so much unreadable data that it masks the relevant dataGreedy E-GuessThese are IT based individuals who may undercut valid E-Discovery companies to entice unsuspecting lawyers into a

“good deal”. Later in the process they continually request more and more finances and eventually break the client’s finances with little or no accurate production to show for it.Abuses of the System

Watch for broad requests that will cripple the opposite party with cost and excessive data to cause review time delays.

ESI & E-Discovery

Case Studies

Court Orders

E-Discovery Plans

Defining a Scope

Abuses of the System

Common Pitfalls

Slide20

Wrongful TerminationCompany terminated employee for not completing and sending a critical email and attachment to VIP customer.

Former employee claims the computer system must have lost the email because he sent it on time.

Case Study

With so much information stored on computers, its no wonder just about every type of case can involve ESI requests.

ESI & E-Discovery

Case Study

Court Orders

E-Discovery Plans

Defining a Scope

Abuses of the System

Common Pitfalls

Slide21

Request is made by the former employees attorney to disclose electronic data related to the email and the attachment in question. The goal: show that the client did send the email and attach the critical document

No specific hardware is named Requested that all possible relevant electronics be placed on hold.

Wrongful Termination

The case of the lost email. Was it computer error or the employee not doing their work?

ESI & E-Discovery

Case Study

Court Orders

E-Discovery Plans

The Request

Data Specialist Report

E-Discovery Production

The Order

Slide22
Wrongful Term… The Order

Narrowing the scope and ordering the discovery of ESI. Refer to the handout for a complete list of items to be covered in the order

ESI & E-Discovery

Case Study

Court Orders

E-Discovery Plans

The Request

Data Specialist Report

E-Discovery Production

The Order

Electronics that store email and files that the former employee had access to during the timeframe in question.

Email systems and file data storage systems where the attachment and emails would have been processed or saved according and active during the timeframe in question.

Data may be live collected from active servers or offline collected.

If additional electronics are identified as possibly containing data during the e-discovery process. Those electronics may be placed on hold as an amendment to this order.

Data may be collected from in-house e-discovery storage as long as the collection process is validated by both parties e-discovery teams.

The emails and files produced are limited to data created between 1/1/2001 to 1/15/2001

Both parties agree to the allowance of the e-discovery team to act as expert data analysts to give opinion pertaining to the history and existence of that email and attachment in question.

Slide23
Identifying and Preserving

E-Discovery Team identifies electronicsformer employees desktop, the email server, the file server and the email filter device as possibly containing relevant data.

CollectionDrives are collected and copied offline, onsite and put back into use.Processing

Keywords used in the email, recipients names, senders name, emails sent around the time in question, documents containing keywords all discovered.Review/AnalyzeOther files in containing folders and versions of files found are reviewedAlternate email logging systems are reviewed for search ability

Email found with search parameters was recorded as successfully sent by the company email server. Recipients server and intended client electronics data requested to verify receipt.

Production

PDF, TIFF and Printed Copies are made for 5 recipients

Wrongful Term….

E-Discovery Process

The E-Discovery team identifies valid hardware, collects the data, and produces the requested output

ESI & E-Discovery

Case Study

Court Orders

E-Discovery Plans

The Request

Data Specialist Report

E-Discovery Production

The Order

Slide24
Wrongful Term….

Data Specialist Report

The Data Specialist places the data in context and creates a time-line chart show the history of the file and email in question.The chart show the file being created and edited before and after the date and time the email and another similar to it was generated.The first email was successfully sent to the client but did not contain the completed attachment. The attachment was named the same as the final document but was blank.

The client’s email server removed the blank attachment as spam and placed the invalid email on holdThe full email was also created on the employees machine with the attachment but was simply copied to the sent items folder and though the email showed it having been done earlier that day, metadata shows the file was created late that evening, after the deadline.Conclusion, the former employee failed to complete the attachment and attempted to cover up the error by sending a blank attachment email and later trying to falsify a completed email at a later time.

The specialist places all the produced data in context and paints a picture of the history of the email and attachment

ESI & E-Discovery

Case Study

Court Orders

E-Discovery Plans

The Request

Data Specialist Report

E-Discovery Production

The Order

Slide25

ESI and E-Discovery

Valid E-Discovery Plans

Drafting/Granting Discovery OrdersCase Studies

E-Discovery


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