Geldards CDR Conference E Disclosure – A Roadmap

1. Geldards CDR ConferenceE Disclosure – A Roadmap Andrew Haslam Allvision Computing

2. Scale of the Problem • 98% of new information is stored electronically, 2/3 never printed. • By end of 2006, 60 Bn email messages were sent each day. • 60% of business-critical information is stored within corporate email systems, up from 33% in 1999. Allvision Computing

3. Economics of E-Disclosure • Time costs • £3bn on litigation fees • 20% of total time on document review = £600m • Technology can reduce review time by up to 8 • Potential saving of £500m • Disbursements • Process electronically once at £0.0x per page • Photocopy many copies at £0.0x per page Allvision Computing

4. Analysis Tools Courtroom Systems EDD Present Capture Prepare Litigation Support Tools Scanning, OCR, Coding Litigation Support Allvision Computing

5. Key Issues • CPR has changed. • Volume, Volume, Volume. • Next generation of tools. • Embedded personal data. • When do I ask for external help? Allvision Computing

6. Current Case Law • Not a lot • Hands v Morrison • Case shows importance of planning the edisclosure process • Douglas v Hello • Case shows importance of email in establishing chronologies. Allvision Computing

7. 1 – Data Sources & Volumes • Need to allow enough time for: • Planning. • Preservation. • Disclosure. • Client’s IT Infrastructure and Strategy. • Develop a search strategy. Allvision Computing

8. A document is “ anything in which information of any description is recorded and is not restricted to paper writings but extends to anything upon which evidence or information is recorded in a manner intelligible to the senses or capable of being made intelligible by the use of equipment. This covers electronic documents, including email and other digital forms of communication, word-processed documents and databases. The definition also includes edocuments stored on backup systems and edocuments that have been ‘deleted’. It also includes that class of additional stored information associated with electronic documents and known as ‘metadata’. ” Allvision Computing

9. Documents are: • efiles (Word, Excel PowerPoint). • Emails. • Text Messages. • Data on PDA’s, MP3 Players, Flash drives. • Instant messaging (IM). • Audio Files (and Mpegs). • Metadata. • Wikki’s and Blogs Allvision Computing

10. External Expertise? • High volume of relevant edocuments or review material. • Allegations of fraud involving edocuments. • Time-critical analysis of edocuments. • Recreation of the historical state of PC. • Suspicion that edocuments have been deleted or altered. • Regulatory body investigation Allvision Computing

11. 2 – Ensure Preservation • Issue “Hold order” to client. • Ensure client’s legal team and IT department are talking to each other. • Consider imaging PC’s, segregation of back-up tapes. • Check what the other side is doing. Allvision Computing

12. 3 – Reasonable Search • Work out your search universe. • Establish available filters/tools. • De-duplication, key words, date ranges, data custodians. • Agree parameters with the other side. Allvision Computing

13. Technical Solutions Pro-Active Efficiencies in E Disclosure Original Volume (and Cost) Preserve Gather Scope Process Host Review Present Allvision Computing

14. 4 – Data Collection • Consider privacy legislation – “embedded data”. • Evidence destruction. • Who conducts the collection? • Tapes as a last resort. Allvision Computing

15. 5 – Document Review • Depends on data and your IT capabilities. • Increasing scale and complexity increases likelihood of external help. • Talk to IT and PSL. Allvision Computing

16. 6 – Production & Exchange • Agree format with other side. • Native v Tiff. • Create disclosure list. • BATES numbers / file naming conventions. • Back into review process, emphasis on case preparation. Allvision Computing

17. 7 – Courtroom Services • What facilities does the court have? • Laptops or link to web services. • PDF bundles (with links). Allvision Computing

18. EU Peculiarities • Differing EU standards for data protection. • US compliance v EU Data protection. • Consider jurisdictional implications. • Multi-language documents (“Unicode” Litigation Support systems). Allvision Computing

19. Federal Rule Changes • O1 December 2006 • Mandatory early discussions. • Identification of excluded data sources. • Proportionality, though concept of “safe harbour” didn’t make it through. • Encouragement of two tier approach, with agreed exchange format. • Limited protection against inadvertent Privilege production. Allvision Computing

20. Receive edisclosure on a CD/DVD Make copies If in doubt, ask for help Open email attachments Print Turn on suspect machines Practical Tips Do: Don’t: Allvision Computing

21. Trends • Steady rise in small – medium sized cases. • “Intelligent” initial data capture. • Litigation Readiness. • Increasing partnerships with external agencies. Allvision Computing

22. Litigation Readiness • “Better fence at the top of the cliff”. • Study to identify: • Policies for storing data. • Where it is located. • How would you retrieve it. • How do you change? • Make the changes. Allvision Computing

23. Available Partners • Consultancy: • Deloittes, KPMG, LECG. • EDD Suppliers: • Kroll Ontrack, Lexis Nexis, • LDM, Legal Inc, nMatrix, Trilantic. • Software Vendors: • Ringtail (FTI), IntroSpect (Zantaz), • iConnect, Summation, Concordance, • Attenex. Allvision Computing

24. 6 Month Hosting Set Up Index/ Review Process/ Reduce Data Reviewers TOTAL Lit Sup A £2,500 £15,000 £0 £3,000 --- £20,500 EDD A £0 --- £0 £8,400 £252,000 £260,400 £2,000 EDD B £250,000 --- £56,700 £2,100 £328,800 £0 £5,000 £126,000 £0 £197,000 £21,000 Analysis A Indicative Costs Image a PC = £500 Restore a tape = £500 - £5,000 Allvision Computing

25. Questions? Andrew Haslam Andrew.haslam@allvsion.co.uk 07789 435080 Allvision Computing