and other collaborative messaging evidence in …...Managing Non-Email Communications in eDiscovery Effectively collect, review, produce and use text messaging, chat, IMs, and other

Managing Non-Email Communications in eDiscovery

Effectively collect, review, produce and use text messaging, chat, IMs, and other collaborative messaging evidence in litigation

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About Lexbe

We’re an Austin, TX based provider of highly affordable cloud-based eDiscovery software and services provider, specializing in serving boutique law firms and organizations. We provide:

● The Industry’s Most Affordable and Full-Featured DIY eDiscovery Platform● The Industry’s Fastest eDiscovery Processing & Document Review Software● Experienced eDiscovery Specialists and Expert Consultants

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“Lexbe has long provided an alternative to law firms that want to

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Guest Speaker

● CEO of Lexbe, a provider of cloud-based litigation processing, review and document management software & eDiscovery services

● Frequent speaker/author on eDiscovery and legal technology issues

● Planning Committee, Electronic Discovery Institute, State Bar of Texas

● eDiscovery consultant & expert

● EducationMBA, University of TexasJD, Southern Methodist UniversityBA, University of Texas

Gene Albert512-686-3460

[email protected]

https://www.linkedin.com/in/gene-albert




Agenda

● Growth in non-email messaging ESI as litigation evidence

● Problems in collecting, processing, reviewing, producing and using non-email communications

● Integrating non-email communications into eDiscovery workflows

● ESI data mapping of non-email electronic communications

● Raw data normalization and review PDF creation

● Post-processing review functions

● Production, depo and trial prep

● Benefits of integrated eDiscovery messaging


Growth in Non-Email ESI Evidence

Common Texting & Messaging Services

Apple iChat

Android Message



Email Messaging Remain Ubiquitous

Source: Statistica 2018


Percentage of U.S.-based Internet users Utilizing Email


Same with SMS/Text Messaging


Source: Statistica 2018






Problems in Collecting and Utilizing Messaging ESI

Collecting and Utilizing Messaging ESI has been and remains very difficult.

● Texting and messaging services are difficult to collect from sources● Export files are in non-standard formats and must be converted to a reviewable form● Who collects?● When collected messaging files are not unitized and instead are in one mega-file● Resulting messages are difficult to:

○ Bates stamp, print, use as exhibits○ Redact, mark confidential or AEO, annotate○ Search, browse and review inline, date sort○ Review for responsiveness, privilege, confidentiality, PII, etc.

● As a result this important evidence may be missed



Integrated eDiscovery Messaging

Utilize technology to convert raw messaging data into discrete reviewable PDFs (like email) complete with metadata extraction.

● Conversations from various messaging services can be exported directly by a user, by remote collection, or by a forensics provider

● Export files contain raw data and are not in a readily reviewable format● Pre-process raw data exports into usable text and document PDFs with corresponding

metadata loadfiles ● Converted message PDFs and loadfiles can then be uploaded into the applicable

eDiscovery Platform for standard document review, search and production


Workflow

Maximize use of Integrated eDiscovery Messaging

Run Production Apply Facts & Issues

Setup & Planning Collection Processing &

Upload Production Depos, Motions/TrialReview

Exhibits for Depos, Motions, Trial

Annotated Version

Export Privilege Log

Integrated Search & Browse

Doc Viewer Review

Code &Privilege Review

Redaction

Messaging Pre-processing

PDF Creation

Upload to eDiscovery Platform

Export Raw Messaging ESI

Messaging ServiceIdentification

Custodian Identification

ESI Data Mapping


Setup & Planning

Custodian Identification & Data Mapping

Identify Custodians with ESI.

Create a data map to identify type, volume, and location of all Custodian-associated ESI.

Import Custodian information directly into LEP.


LinkedIn

LinkedIn raw data normalization

LinkedIn export is .csv file

Integrated eDiscovery Messaging Service data Normalization excel


LinkedIn

LinkedIn LEP display


Google Hangouts

Google Hangouts raw data normalizationRaw data comes in hangouts.json file

Converted .csv display



Google Hangouts

Google Hangouts in Lexbe eDiscovery Platform Display


Facebook

Facebook raw data normalization

Raw data comes in hangouts.json file

Converted .csv display



Facebook

Facebook Lexbe eDiscovery Platform Display


Integrated Browse View


Searching

Search Results DisplayIntegrated messages searchable through eDiscovery Platform search index

Integrated eDiscovery Messaging

Searching

Search Results Doc Viewer DisplayIntegrated messages searchable through search index


Review

Privilege ReviewIntegrated messages can be reviewed and coded in the same manner as all other

standard document types


Review

Apply Redactions


Review

Apply Annotations


Production

Produced Bates-Stamped Copy


Production

Export of Privilege Log


Depo Prep

Link to Facts & Issues



Summary and Recap

● Texting, IMs and other messaging ESI are growing in use

● Non-email messaging ESI communications is increasingly important

evidence in modern commercial litigation

● Raises significant problems in collecting, processing, reviewing,

and producing

● Should be integrated into eDiscovery workflows

● Should support unified search, browse, doc review, privilege

review, produce etc.


Checklist 1/3

Effectively Using non-Email Communications ESI


Determine Importance. Is Non-Email Communications likely to be important in your case?

Begin Planning Early. Important rights and evidence can be waived or lost if not pursued consistently and diligently.

Own Custodians. Identify your custodians, and include all communications questions in your interview.

Other and Adverse Custodians. Identify adverse and 3rd Party custodians likely to have relevant evidence.

Checklist 2/3



ID of Non-Email Communications Technologies Used. Organizations consistently use different non-email communications technologies. Ask and don’t be surprised later.

Specific Hold Requests. Hold letters to your own custodians, and custodians of adverse parties and 3rd parties, should be specific to non-email communications technology.

Data Mapping. Do data maps of your custodians and others to determine all ESI data repositories, including non-Email Communications ESI.

R4Ps. Requests for production of documents should specifically address non-Email evidence.

Review Tool. Utilize an eDiscovery tool and vendor with messaging capabilitiesto allow for effective collection, review, privilege review, production, etc.

Checklist 3/3



Text Messaging, Chat, IMs, and other Non-Email Evidence in eDiscovery

ESI Order or Protocol. If used, should specifically address collection, production, and format of non-email communications. Rule 26 Meet and Confer. Request information regarding communications technologies and ESI data repositories in the case.

Look for Holes. Analyze incoming productions for gaps and holes in collection and production of incoming productions.

Follow-up in Depos. Ask deponents about communications technologies used by the deponent, and also generally within an employer organization.

Learn More About Lexbe

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Thank You for AttendingWe’ll be making the following available to webinar attendees:

● A recorded streaming version● MP3 podcast● PDF

Please let us know if you have any questions or comments about this webinar or suggestions for future topics. This webinar is part of the Lexbe eDiscovery Webinar Series. For notices of future live and on-Demand webinars as part of this series please email us at [email protected] or Follow us on LinkedIN.

Presenter: Gene [email protected]

Moderator: Jeff [email protected](512) 653-8295

Webinar Questions: [email protected]


http://lexbe.com/resources/ediscovery-webinars/?LEX=WebinarBestPracCloudeDisc

https://www.linkedin.com/company/lexbe?LEX=Webinar-PDF-151028-eDiscProc


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and other collaborative messaging evidence in …...Managing Non-Email Communications in eDiscovery Effectively collect, review, produce and use text messaging, chat, IMs, and other