Gleneagles 2004 Electronic Data Discovery - Pragmatic Reality

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Gleneagles 2004Electronic Data Discovery -
Pragmatic Reality

• Andrew Haslam Allvision Computing

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US vs. UK Strategic Analysis

• Significant cultural and legal differences.
• Can learn from the US and exploit the tools.
• US Tidal wave.
• UK Steadily rising flood.
• Dont believe the hype, but do listen to the
  message.

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EDD Basics

• Disclosure is a historical tail that is
  increasingly electronic.
• 90 of corporate documents exist electronically,
  70 are never printed.
• EDD and Forensics
• Communication via email.
• Technical inability is no defence.
• Delete rarely does.
• Volume, Volume, Volume.
• Not just Disclosure. Employment/MA/FOI.

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EDD Process Overview

• Collect
• Filter
• Process
• Review
• Then?

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Key EDD Issues

• Volume needs a fast production line process.
• Electronic data does have significant plusses for
  searching and other tools.
• Metadata.
• Privilege/Trade Secret protection.
• Challenging projects for Litigation Support
  staff.

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Challenges and opportunities

• A chance for IT to be part of the legal team.
• Need to educate users and clients.
• Now its a competitive edge, soon it will be an
  entry level requirement.
• Legal Risk Management.

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One year on and

• Debate (and some action) in the UK
• Review (and production) in native mode.
• Heightened awareness of metadata.
• Back-up and Resilience technologies need to be
  searchable.
• Understanding of key word search (but less
  agreement)
• Concept searching/AI tools for in-house use, no
  chance in Disclosure process.

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The Threats

• SPOLIATION.
• Volume and Complexity.
• Friendly fire from legal team.
• The ostrich approach.
• Preservation of Privilege (and Trade Secret).
• Technology hype.

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IT Strategy and Tactics

• Need levels of response with both in-house
  skills/tools and external partners.
• Increase depth and breadth of project management
  skills.
• Tripwires
• Print Room.
• Help Desk.
• PSLs.
• In-house KM/Literature.

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Strategy Matrix
In
Word/Outlook/?
Review
1,000
Manipulate
Concordance/Summation, Ringtail, IntroSpect.
100,000
Review
Analyse
Proprietary Review tools, Attenex, Autonomy, Dolph
insearch.
1,000,000
Manipulate
Review
Out
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Partner Attributes

• UK based data storage and processing, preferably
  linked to international capabilities.
• Ability to cope with complex data volumes.
• Dedicated project management and consultancy
  support.
• Proven track record.
• Kroll Ontrack, Lexis Nexis, Millnet, nMatrix,
  Trilantic.

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In the next year..

• EDD will happen to you.
• Increased
• Exchange of electronic information.
• Use of native mode.
• On-line depositories.
• Two tiered approach to EDD.
• Ephemeral data will join the equation.
• Legal debates on keywords, privilege cascades and
  concept searching.
• Clients start looking for fixed fees from panel
  firms.

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Questions?

• Andrew Haslam
• Andrew.haslam_at_allvsion.co.uk
• 07789 435080