Big Case, Small Firm - Lexbe · Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5,...
Transcript of Big Case, Small Firm - Lexbe · Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5,...
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Big Case, Small FirmLeveraging Cloud-Based Document Review & Production Software November 5, 2013
Gene Albert Principal, Lexbe LC
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eDiscovery Webinar Series
○ Takes Place Monthly
○ Cover a Variety of Relevant eDiscovery Topics
Next Month: 10 Things You Need to Know about E-mail Discovery
○ Presentations Available for Download by Attendees.
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Info & Future
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eDiscovery Webinar Series
Lexbe is an Austin, TX based eDiscovery software and services provider.
○ Lexbe OnlineLexbe Online is a hosted eDiscovery and hosted review tool. Users can load a variety of file types, process for review, OCR for search, and conduct document reviews, productions, prepare for depos & analyze transcripts, conduct case analytics, prepare for dispositive motions, and provide litigation support during trial.
○ Lexbe eDiscovery Services Lexbe does large volume document culling, processing from native to PDF or TIFF, load file creation, high-volume OCR of image files, Rule 26 and project management consulting, and related eDiscovery Services.
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
About Lexbe
Lexbe Sales [email protected]
(800) 401-7809 x22
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If you have any questions or technical issues, please e-mail them to:
Questions will be forwarded to Gene and answered during the webinar or via e-mail if we run out of time.
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
eDiscovery Webinar SeriesQuestions & Technical Issues
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○ CurrentPrincipal of Lexbe LC, a developer and provider of cloud-based litigation review and document management software & eDiscovery services
○ Prior Experience-Legal experience as in-house counsel and in private practice-Business experience in software, medical services and internet-based businesses
○ Education-MBA & BA, University of Texas-JD, Southern Methodist University
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Gene Albert bioeDiscovery Webinar Series
Contact Gene [email protected]
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○ Intro, ESI Growth, Ethics
○ Doing a Document Review & Productions
○ Preparing for Depos
○ Ready for Dispositive Motions
○ Trial
○ Summary, Conclusion & Trial
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
‘Big Case, Small Firm’ AgendaeDiscovery Webinar Series
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Cloud Document Review & Production
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
What is it?
Web-Based litigation document management, enabling document loading, early case analysis, search, review, tagging, production, transcript management and analysis, timelining, deposition prep, dispositive motion prep and trial document management.
○ ScalableMeet feature and workflow requirements of cases when needed.
○ SecureProviders prioritize and specialize in encryption, security and recovery.
○ Align Costs with RevenuesEliminate up-front software licensing and server maintenance cost. Reduce internal IT/Lit Support personnel costs.
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More Documents, No More Time
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
ESI Growth
○ Since 1997, data collections have grown exponentially, but the median months from complaint to federal commercial trial has increased only slightly--from 19 to 26 months.
○ Every two days we create as much information as we did from the dawn of civilization up until 2003(Eric Schmidt, Google 2010).
GBs of ESI in a Typical Commercial Case
Low
High
1995 2005 2015
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Cloud Document Review & Production
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Security, Data Ownership & Ethics
What to look for in litigation cloud service offerings:
○ EncryptionData encrypted in-place and in-transit.
○ Disclaimer of Ownership RightsService agreements should clearly acknowledge client data ownership.
○ Redundant Back-Ups; RecoveryService provider should have robust and redundant backup & recovery protocols. Data centers should be certified, follow industry best standards, etc.
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Cloud Document Review & Production
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Security, Data Ownership & Ethics
○ ABA Ethics OpinionABA ethics opinion encourage outsourcing so long as competently done with supervision. (ABA Formal Opinion 08-451 [2008]).
○ ABA Model RuleA lawyer may use non-lawyers outside the firm. Examples include … hiring a document management company to create and maintain a database for complex litigation … [and] using an Internet-based service to store client information. When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer’s professional obligations. (ABA Model Rule 5.3)
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Getting Docs In & Out of the CloudDIY or Send it In/Out
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Self-Administration-Fast-No waiting-Lower cost-Best for smaller cases
Advantages of
Vendor Handles-Expertise-Capacity-Focus-Best for larger cases
Best to have both options
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Getting Docs In & Out of the CloudDownload Case Documents
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Doing a Review & ProductionProduction Workflow
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Doing a Review & ProductionIncoming Types for Review/Production
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
○ Native FilesOutlook Email (PST, MSG), Office files (Word, Excel PowerPoint), Web (HTML), Images (JPG, PNG, TIF) and most other common native files support. Container file (e.g., PST, ZIP, RAR) & email (MSG) attachment expansion.
○ Conversion to PDF for Review; OCRSupported file types automatically converted to PDF for review and OCRed. Native versions linked & reviewable
○ Extraction and Fielding of MetadataEmail: Sender, receivers, date, time & subject; Other files: Author, date last modified, and other metadata extracted and fielded in litigation database.
○ Indexing for Fast SearchSearch index optimized for fast retrieval (usually seconds)
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Doing a Review & ProductionAdvantages of PDF for Review
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
○ PortableNo need for additional local software to view files. Viewing in native alone can slow reviewers. Easily printed for depos, etc.
○ Bates Stamping Documents can be bates stamped and pages specifically identified using a variety of software tools.
○ Easy to Work WithSingle file (compared with single page TIFFs with separate text files, load files)
○ Increased Searchability Applying OCR to PDF files makes most data searchable.
○ Native IntegrationNative files linked to record for access when needed; TIFFs can be created as part of production step.
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Doing a Review & ProductionPre-Built & Custom Fields/Tags
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Built-In Fields-Immediately usable-Integrated workflow-Leverage best practices-Wheel ‘already invented’
Custom Fields-Issue coding-Reviewer assignment-Add’l filtering/sorting-Unlimited in number/use
Best to have both options
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Doing a Review & ProductionReview Methodologies
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
○ Match Methodology and CaseCase size/type/budget will drive which review method is preferable in any given case.
○ Linear ReviewRead, review, and code all documents, one at a time.
○ Keyword SearchUsing search keywords to identify responsive and privileged documents.
○ Predictive CodingManually review a seed set of documents to train predictive coding algorithm that will automatically code the remaining documents. Generate and review control sets to evaluate the results.
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Doing a Review & ProductionLinear Review Pros & Cons
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Pros
○ Comprehensive - Going through the entire population of documents ensures a thorough review.
○ Learn Case While Coding - Time spent engaging with the document set pays off in the form of high level case familiarity at an earlier time.
○ Most Comfortable - It’s the way litigation has been done since paper was invented.
Cons
○ Slow - Takes significantly more time to go through all case data
○ Expensive - More review hours are needed to conduct linear review.
Best for
○ Small Cases - Less voluminous data sets are the best candidates for linear review.
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Doing a Review & ProductionLinear Review Workflow
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Doing a Review & ProductionKeyword Searching Pros & Cons
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Pros
○ Fast - Large data sets can be reviewed and tagged in days or even hours.
○ Inexpensive - Much less costly than a linear review.
○ Reduces Human Error - Computer searches are consistent; not so humans.
○ Familiar - Lawyers and judges are trained in keyword searching (at least in structured data like Westlaw, etc.)
Cons
○ Over/Under Inclusive - Will not make distinctions that human reviewers might
○ GIGO - Only as good as keywords. Can be improved sampling, iteration, revision, etc.
○ No Issue Coding - Key docs still must be IDed & reviewed for depo preparation.
Best for
○ Larger Cases
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Doing a Review & ProductionKeyword Searching Workflow
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Doing a Review & ProductionPredictive Coding Pros & Cons
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Pros
○ Fast - Large data sets can be reviewed quickly.
○ Inexpensive - Less costly than a linear review.
○ Reduces Human Error - May equal or exceed human error rates.
○ Involves Senior Attys - Involves and leverages expertise of experienced attorneys, rather than inexperienced coders.
Cons
○ Unfamiliarity - Technology learning curve for lawyers and judges
○ Limited Precedence - Little case law
○ No Issue Coding - Key docs still must be IDed & reviewed for depo preparation.
Best for
○ Larger Cases - Best for larger cases; pressing deadlines.
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Doing a Review & ProductionPredictive Coding Workflow
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Doing a Review & ProductionRedaction
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Doing a Review & ProductionPrivilege Log From Metadata
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Privilege Log Auto-Creation-Metadata extracted from natives-Email date/time, sender, receiver, subject-Privilege and Work Product coding used-Privilege log automatically generated for review
Faster Log Creation Greater accuracy
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Delivery Options
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
What to look for in production delivery functionality:
○ Flexible Output Format-Produce TIFF, PDF and/or Native depending on requests/requirements. -Load files (metadata and other information) in common formats (Lexbe Excel load file, Concordance DAT and Summation DII)
○ Bates File Naming & Embossing-Flexible Bates naming and numbering-Confidential/Protective Order/Atty Eyes Only
○ Advantages of Including Natives-Best Rendition of What Custodian Saw-Spreadsheets, Other Types Paginate Poorly-File Metadata-Ability Troubleshoot Password, Corruption Issues-Ability to Open Unusual File Types with Local Apps
Flexible delivery functionality reduces needless discovery
disputes
Doing a Review & Production
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Preparing for DeposIssue Coding
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Preparing for DeposSearch & Review
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Basics-Accurate-Fully Indexed-Easy to Use
Better-Many search options-Concept-Fuzzy & Stemming-Boolean-Keyword Highlighting
Best to have both options
Search Requirements
Best-Very Fast (returns in seconds)-Dual Indexing of natives/paginated
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Preparing for DeposMultidoc Edit for Fast Issue Coding
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Preparing for DeposWho’s on First: Key Case Participants
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Preparing for DeposTimelines for Depo Prep
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Preparing for DeposAssigning Docs to Deponents
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Ready for Dispositive MotionsExtract Facts from Depos & Exhibits
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Doc viewer, fact tab with fact selected and pasted to fact with date, etc. Show in timeline too.
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Ready for Dispositive MotionsCategorize Facts for Fast Motion Practice
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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Ready for Dispositive MotionsFind & Filter Facts & Issues
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
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TrialUsing Cloud Review Tools at Trial
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
What to look for in trial functionality:
○ Document Archive & Access-Cloud-based system allows you to access any case document during trial -Fast search for timely cross, etc.
○ Dynamic Timelines-Update new facts developed in trial testimony-Update timelines on the fly-Identify supporting/contradicting evidence
○ Presentation Material-Documents, facts & issues can be exported for Trial Director, Verdict and other presentation programs
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SummaryA Small Firm Can Handle the Big Case
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
○ Be Able to Take a Large CaseCosts and revenues are aligned as small firms can take a big case when needed without having capital and personnel costs associated with a standing in-house litigation support department
○ Be Reviewing FastDocuments can be loaded, processed and indexed in days from an order
○ Leverage Best PracticesLeverage industry best practices regarding security, ESI workflow, search, review and productions, as that is built into the software design
○ Level the Playing FieldCloud technology enables smaller firms to meet larger firms head on and not be ‘out-gunned’
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Thank YouContact Info
Big Case, Small Firm. Lexbe eDiscovery Webinar Series November 5, 2013
Gene Albert: [email protected] Principal: (512) 686-3382
Stu Van Dusen [email protected] Marketing Manager: (512) 669-9485
Lexbe Sales: [email protected] (800) 401-7809
Webinar Questions: [email protected]
Next Month’s Webinar Topic: 10 Things You Need to Know about E-mail Discovery