EDRM in the Era of Big Data

14
The EDRM in the Era of Big Data EDRM in the Era of Big Data

description

Big data is only getting bigger. It is projected that organizations will need to deal with 50 times more information by 2020 than they are managing today. Learn how to leverage resources at each stage of the EDRM to address real problems faced by professionals dealing with Big Data.

Transcript of EDRM in the Era of Big Data

Page 1: EDRM in the Era of Big Data

The EDRM in the Era of Big Data

EDRM in the Era of Big Data

Page 2: EDRM in the Era of Big Data

Proprietary 2

Page 3: EDRM in the Era of Big Data

Discussion Overview

Big Data is Only Getting Bigger

Electronic Discovery Reference Model: Technology & Tips

3

Page 4: EDRM in the Era of Big Data

Big Data is Only Getting Bigger

4

Source: Cisco, The Internet in 2015 is the Dawn of the Zettabyte Era

A zettabyte is approximately one trillion gigabytes!

IDC projected that the total amount of global data in 2012 reached

2.7 zettabytes

Page 5: EDRM in the Era of Big Data

Big Data is Only Getting Bigger

5

Organizations will deal with 50 times more information by 2020 than they're managing today.

» Source: IDC, The Digital Universe (2011).

From a litigation perspective, 1 in every 3 corporations involved in ediscovery averaged more than 2.5 terabytes of data per legal matter in 2011 – a 20% increase in the last 3 years.

» Source: IDC, Leveraging Cloud-Based Delivery Capabilities for Do-It-Yourself (DIY) eDiscovery (Feb. 2012).

Page 6: EDRM in the Era of Big Data

Electronic Discovery Reference Model: Tips &

Technology

1) The Importance of

Information Management

2) Identification & Early

Planning

3) Information Lockdown:

Preservation & Collection

4) Processing, Review &

Analysis

5) Perfecting Production

Page 7: EDRM in the Era of Big Data

In the era of Big Data, the solution is not to preserve everything

» Preservation should be viewed as an exception to the status quo

To prevent inefficiencies and risks caused by duplicate copies and over-retention, you must balance the need to retain required records, but simultaneously dispose of non-essential data.

7

The Importance of Information Management

Page 8: EDRM in the Era of Big Data

Identification & Early Planning

Rule 26(f):

» Directs the parties to “discuss discovery of electronically stored information during their discovery-planning conference”

Rule 16(b):

» Designed to help both the parties and the court prepare for electronic discovery issues at the outset of litigation

8

Page 9: EDRM in the Era of Big Data

Courts often look to steps the plaintiff has taken to commence litigation

» The Sedona Conference, Commentary on Legal Holds: The Trigger and The Process

The duty to preserve is often triggered before litigation commences because plaintiffs control the timing of litigation

» Pension Comm. v. Banc of Am. Sec.

Information Lockdown: Preservation & Collection

9

When is litigation

π Δ Courts often pry into the

information the defendant has received indicating it is the target of a lawsuit

» The Sedona Conference, Commentary on Legal Holds: The Trigger and The Process

Unequivocal notice of impending litigation not required

» Goodman v. Praxair Servs. Inc.

Page 10: EDRM in the Era of Big Data

Information Lockdown: Preservation & Collection

Identify data sources and preserve appropriately:

» Preserve pertinent ESI upon reasonable anticipation of litigation

» Avoid rendering data inaccessible

» Create and maintain a data storage directory and use it to identify, locate and ascertain the accessibility of responsive data

» Enlist the help of individuals who are properly trained in handling digital data to avoid questions regarding completeness or accuracy of data collection

» Special consideration: data stored in the “cloud” is raising new preservation risks & obligations

10

Page 11: EDRM in the Era of Big Data

Key benefits:

» File identification

» Effective keyword searching

» Elimination of blank and duplicate documents

» Segregation of potentially privileged documents

» Flagging of very large files

11

Responsive Non-Responsive Privileged

Processing, Review & Analysis

Page 12: EDRM in the Era of Big Data

Processing, Review & Analysis

Many search tools on one belt:

» Keyword search – Requires exact match (“baseball AND glove”)

» Concept search - Allows users to enter a keyword or phrase and obtain conceptually related items (doesn’t require direct syntactical match)

» Topic grouping - Groups similar documents and labels them for quick identification

» Near duplication – Identifies redundant, nearly identical documents

» Email threading - Reviewers can identify, group and review e-mail conversations based on content

» Technology-assisted review – Involves training a computer to make responsiveness decisions on unreviewed documents

12

Page 13: EDRM in the Era of Big Data

Perfecting Production Pros Cons

Paper Review

Familiar to many

attorneys

High print costs

Can’t search

Native Review

Reduced document

processing costs

Search capabilities

Potential loss of

metadata

Can’t redact

Can’t Bates

TIFF Imaging Metadata preserved

Search capabilities

Redaction capabilities

Important parts of

documents not

visible

High costs

Online Repository

Preserves metadata

Allows advanced

searching

Can handle multiple

production formats

Cost

Portability of

documents

13

Page 14: EDRM in the Era of Big Data