Ediscovery Cheat Sheet

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eDiscovery Cheat Sheet
Where is ESI?
?
Electronically stored information is
found on computers, tablets and smart
Consultation
phones, on local servers, in shared storage,
or cloud storage. (On a boat with a moat!)
Consultation can add value at all stages of
Don’t forget social media accounts, which
eDiscovery, for example to:
require specific collection tools.
• Expertly guide your client through custodial
interviews and key documents
• Ensure defensibility while minimizing
business impact during collections
• Maximize your data reduction prior to
manual review
Information Governance
• Understand production protocols and ensure
IG is how data is managed and
the time required for any conversion of
maintained in an organization. Ensure
native files to image files
you proactively and reactively consult
with your clients on how they maintain
their data; this can greatly affect their
risk and cost associated with litigation.
Identification
Are you blindly guessing at what data is
accessible or inaccessible? Have you
ECA – Early Case Assessment
received conflicting custodial interviews?
A data map can provide you with a key
Through consultation and software, you
guideline to carry out your defensible
can get an early look at your data and
collection efforts.
accurately assess the estimated risks of
your case and case strategy.
Preservation
Often a skipped step that comes back
to haunt you and your client,
Collection
preservation strategy is not the same
as collection strategy, and everything
Documentation is key to a defensible
you preserve will not necessarily need
collection. Evidence’s original state must
to be collected.
be maintained, and manipulation
prevented. Forensic tools ensure the
evidence’s validity will be admissible in
court. Be cautious of using in-house IT
over a third-party.
Read more
here.
Processing
Are you confident your solution is
providing you with the most complete
de-duplicated and fully searchable
documents for review? Sadly, many
Review
solutions do not deliver these results.
Your provider should have the ability to
Gain insight into your case with the
consult on an efficient and defensible
speedy availability of your data. Don’t
review protocol. Without this, you waste
Processing
forget about critical metadata,
time, money and risk missteps in the
password-protected files or proprietary
process. Your custom review protocols will
documents that require special
assist with much more than
responsiveness and privilege coding.
handling. We promise we won’t!
Automating privilege logs and assisting
in culling are just two of the many
value adds.
Analysis
Analytics tools perform analysis on the
data and metadata to group the
documents for a non-linear review. Tools
Production
include:
Producing unwieldy productions has long
been frowned upon by the courts. An ESI
Email threading: Threads email
agreement followed by both parties
chains back together and allows
eliminates unnecessary battles in court over
review of only the “inclusive” or
discovery rules not being followed. A strong
unique content, reducing time by up
QC component should ensure that no
to 60%!
privileged documents get produced and
ensure redactions are properly applied.
Near de-dupe: Finds docs that are
extremely similar but not exact
duplicates. Batch these to one
reviewer for time savings in the
review.
Concept analyzer: Can group docs
by subject matter, ie: Thanksgiving +
Presentation
football. Again, reviewing content
The end should always be kept in mind
grouped by concepts increases
during eDiscovery. If something is not
efficiency.
admissible or easily presentable, its
value diminishes.
Relationship analyzer: Use on
emails to analyze who is talking to
whom. Find personal email accounts
and quickly QC incoming data to
ensure it meets expectations etc.
Technology Assisted Review:
Quality Assurance
Although in the past, some were
untrusting of TAR, studies have
Ensuring the entire eDiscovery process
shown the use of TAR to be more
QA
is defensible and accurate from
accurate that human review. Expert
beginning to end is often overlooked.
guidance is critical and requires
Quality assurance includes checks at
tweaking the process to ensure it
every stage, not just at the end.
works as expected.
Interested in learning more about eDiscovery? We offer a cost-effective
educational series. Click below to learn more.
CLICK HERE!

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