Daniel M. BraudePartner – New York, NY | White Plains, NY 914.872.7210daniel.braude@wilsonelser.com

WEBINAR

Best Practices for Remote Electronic Forensic Collections & WFH Document Review

Thursday, March 25, 2021

Best Practices for

Remote Electronic Forensic Collections

& Work From Home Document Review

March 25, 2021

Presented with

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Forensic Collections ofElectronic Documents

Document Review Platforms

Document Review &Contract Attorneys

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Forensic Collections ofElectronic Documents

Document Review Platforms

Document Review &Contract Attorneys

Collection Approaches

Broad Collection by Forensic Expert• Greater defensibility

Targeted “Self-Collection”• Risk of having to re-collect

• Risk of preserving-in-place

• Risk of higher overall costs and spoliation claims

• Less defensibility and no metadata collection

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Production of Metadata – See FRCP 34(b)(2)(E)

Principle 12: The production of electronically stored information

(ESI) should be made in the form or forms in which it is ordinarily

maintained or that is reasonably usable given the nature of the ESI

and the proportional needs of the case.

Comment 12.a: Special characteristics of ESI (metadata and non-

apparent / undisplayed data) may be pertinent to the form in which

ESI should be preserved and produced.

The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production (2018)

Forms of Production

Native Format• Word Processing, Spreadsheets, Multimedia Files• Cannot bates stamp or redact*• Complete Metadata Produced (if forensically collected)

TIFF Files• Single Page Static Images• Document review platform typically required• Selected Metadata Fields in Corresponding Load Files

PDF Files• Searchable Text (potentially)• Often more useable than TIFFs as individual files• Limited Metadata

Common Metadata Fields for Production

• To

• From• CC• BCC• Date Sent• Time Sent• Date Received• Time Received• Subject• Attachments

• Custodian

• File Name• Source Device• Source Path• Production Path• Modified Date/Time• Doc ID / Identifier• Extracted Text• Bates Beg / Attach Beg• Bates End / Attach End

Remote vs. In-Person Collections

vs.

When Remote Collections Work• Remote access is available

• Functional device

• Security restrictions allow access

• End User or law firm is capable AND cooperative

When In-Person Collections are Required• Non-standard (GPS, wearables, some mobile devices, etc.)

• Device either doesn’t boot or can’t be connected to the internet

• Concerns for cooperation

Remote vs. In-Person Collections

Collection kit shipped to the end user in a hardened case

All components are fully encrypted

Remote Access is utilized to perform the tasks

The data is transferred and the kit is shipped back

Full Chain of Custody is preserved

Remote Collections

Collections of Cloud-Based Data

For Discussion• Public or Private Profile• Snapshot or Ongoing Monitoring• Mobile Phone in Scope

• Sources Available• Facebook • Twitter• Instagram• LinkedIn• Google+• YouTube• And many more….

Collections of Cloud-Based Data

Leveraging Mobile Devices • Social Application Used

• Cached Credentials

• Cached Sessions

Specific Attributes Available• Amazon Alexa…things you said to

Alexa or when Alexa was listening

• DJI GO 4…Drone footage

• Fitbit…User Activity

Not All Collections Are Created Equal

• Screenshot of a Text Message

• Logical Forensic Image

• File System Image

• Physical Image

Mobile Device Collections

Mobile Device Collections

Can’t I collect it from the Mobile Carrier?

• Possible only call logs and determining a user’s location

• Generally no carrier retention of text message content

Verizon Wireless

• Subscriber Information: 7-10 years

• Call History: 7 years

• Tower Locations related to Call History: 12 Months

• SMS Content: 3-5 days (unofficially 7-10 days)

• Tower Dumps: 1 year

• Range to Tower (RTT) Data: 8 days

AT&T

• Subscriber Information: 7 Years

• Call History: 7 years

• Tower Locations related to Call History: 7 years

• SMS Content: Not Available

• Tower Dumps: 7 years

• Range to Tower (RTT) Data: 180 days

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Forensic Collections ofElectronic Documents

Document Review Platforms

Document Review &Contract Attorneys

Negotiate Scope Reduce the Volume

Search Terms

Limits on Custodians

Date Range Culling

File-Type Culling

Sampling & Phased Discovery

Deduplication & Email Threading

Predictive Coding (“TAR” / “AI”)

Text Message & Image Review

Text Message Review

Available Options

• Native in the Cellebrite Viewer

• PDF-Based Reports

• Excel Export

• Relativity Proprietary

• Vendor-Based Solution

Text Message Review

• Visualize and Interact with Mobile Data

• Completely Customizable Dashboards

• Identify Relevant Content with a few clicks

Text Message Review

Conversation Intelligence

• Logical Boundaries

• Grouping Parties

• Cross-Threading Technologies

Rendering Messages

• Near Native Feel

• Color Coded

• High Fidelity

Text Message Review

• Central location to track Parties (Correspondents)

• Filter and explore across devices and platforms

• Fully E.164 normalized Phone numbers

• Dynamic User assigned aliases

Image Review

Considerations for Images?• Image Thumbnails

• Eliminate Duplicates

• Categorize and Identify

• Conversations related to images

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Forensic Collections ofElectronic Documents

Document Review Platforms

Document Review &Contract Attorneys

Doc Review Workflow – Traditional Approach

Level 1• ~50 documents per hour

• Review by law firm associates

Level 2• Re-review of “responsive” documents

• Focus on privilege and confidentiality

Doc Review Workflow – Cost-Effective Approach

Level 1• ~50 documents per hour

• Review by law firm associates contract attorneys (10,000+ docs?)

• Possible use of TAR (25,000+ docs?)

Level 2• Re-review of “responsive” documents

• Focus on privilege and confidentiality

Remote vs. In-Person Review

Remote review will continue post-Covid:

• Access to a diverse workforce

• Eligibility for second tier markets

• Ability to improve productivity

• Security improvements to accommodate

• Improvements to Broadband Connectivity

• Elimination of travel time

But sometimes it’s not conducive:

• Trade Secrets where a clean room is required (no phones or devices)

• Review involving originals of hard copy records

How do you Manage a Remote Review Workforce?

• Mindfulness of the distance

• Virtual meetings and improved communication platforms

• Greater attention to face time

• AI-based monitoring solutions

• Productivity tracking

• Monitoring application use

• Set goals and keep score

Remote vs. In-Person Review

Remote vs. In-Person Review

How to Address Security Concerns?

• House sensitive Data in a fortified environment

• Ensure confidentiality is reiterated and agreed upon

• Locked down assets virtual or physical

• Secure Connectivity

• Multi-Factor Authentication

• Limit review site connectivity

• Set reasonable work hours

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Dan Braude, chair of Wilson Elser’s e-Discovery team and a

member of the firm’s Information Governance Leadership

Committee, concentrates his practice on complex litigation

involving product liability and commercial disputes. In addition, Dan counsels clients on

challenges associated with changing technology, cloud computing, and related data privacy

and information security issues. Dan is a Certified Information Privacy Professional

(CIPP/US) and he serves as an adjunct professor at the Elisabeth Haub School of Law at

Pace University where he teaches a course on e-Discovery.

Daniel M. BraudeWilson Elser Moskowitz Edelman & Dicker LLP

New York Metropolitan Offices:

daniel.braude@wilsonelser.com

150 East 42nd StreetNew York, NY 10017

Tel 212-490-3000

1133 Westchester AvenueWhite Plains, NY 10604

Tel: 914-323-7000

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Geoffrey Sherman is the Vice President of eDiscovery Solutions at

Xact Data Discovery. Geoffrey is responsible for providing Clients

with expert consulting and workflow solutions surrounding Xact

Data Discovery’s comprehensive suite of offerings, XDD-360sm. He ensures that the most

complex and demanding projects receive unparalleled support from inception to completion.

Geoffrey holds numerous certifications and credentials within the field of litigation support,

information technology and information security. He is in demand as a speaker at industry

conferences throughout the nation and has contributed works to notable publications.

Geoffrey ShermanXact Data Discovery

XDD Corporate HQ5800 Foxridge Dr., Suite 406Mission, KS 66202Tel: 913-362-8662

XDD NY Regional Office622 Third Avenue, 6th FloorNew York, NY 10017

gsherman@xactdatadiscovery.com

White Plains, NY New York, NY

Services

Admissions

Memberships & A�liations

Daniel M.BraudePartner

 

   

Contact

p. 914.872.7210f.  914.323.7001daniel.braude@wilsonelser.com

   

Aviation & Aerospace

Commercial Contracts &Agreements

Commercial Litigation

Cybersecurity & Data Privacy

e-Discovery

Germany

Information Governance

Transportation

Product Liability, Prevention &Government Compliance

Professional Liability & Services

Railroad

Canada

BarsNew York

CourtsU.S. Court of Appeals, Second Circuit

U.S. District Court, Southern District ofNew York

U.S. District Court, Eastern District ofNew York

U.S. District Court, Western District ofNew York

U.S. District Court, Northern District ofNew York

The Sedona Conference, Working Group 1on Electronic Document Retention &

Dan Braude, chair of Wilson Elser’s e-Discovery team and a member of the �rm'sInformation Governance Leadership Committee, concentrates his practice oncomplex litigation involving product liability and commercial disputes. Danfrequently represents transportation manufacturers and providers, plus pipelineoperators, in National Transportation Safety Board investigations. In addition, Dancounsels clients in the areas of electronic discovery and information governanceincluding challenges associated with changing technology, cloud computing, andrelated data privacy and information security issues. Dan is a Certi�ed InformationPrivacy Professional (CIPP/US) and he serves as an adjunct professor at theElisabeth Haub School of Law at Pace University where he teaches a course on e-Discovery.

Areas of FocusProduct Liability In the product liability �eld, Dan represents a wide range of manufacturers, including those inthe transportation and recreational products industries, in federal and state courts. Hisnotable experience includes case management and coordination of defense e�orts in patternlitigation and appearing as coordinating counsel at depositions around the country. Dan’spractice frequently involves conferring and consulting with engineers on technical issuesrelated to product design, development and manufacturing. 

Commercial Litigation & Counseling Dan is experienced in both defending and prosecuting commercial litigation disputes, often inmatters involving subcontractors and component suppliers. He has demonstrated an abilityto meet client objectives not only in the courtroom but also through arbitration andmediation proceedings. In addition, Dan frequently counsels contractors in the publicprocurement arena with regard to responding to requests for proposals and relatedprocurement issues. 

NTSB Investigations Dan is a member of the �rm’s nationally recognized team of attorneys representingtransportation providers and manufacturers, in addition to pipeline operators, in NationalTransportation Safety Board investigations. His work during the on-scene investigation phaseincludes providing guidance to party coordinators, representing witnesses in interviews andmanaging document collection e�orts. During subsequent investigation phases, Dansupports clients by analyzing and revising factual reports and drafting party statements.

e-Discovery As chair of the �rm’s e-Discovery practice, Dan serves as a resource within the �rm and forclients on all topics relating to electronically stored information (ESI). In his e-Discovery work,

Awards & Distinctions

Education

Certi�cations/Licenses

Production

New York State Bar Association,Commercial & Federal Litigation Section,Committee on Electronic Discovery

DRI: The Voice of the Defense Bar

International Association of PrivacyProfessionals

National Association of Railroad TrialCounsel

The Elisabeth Haub School of Law at PaceUniversity, Adjunct Professor

“40 Under 40” Rising Star, BusinessCouncil of Westchester, 2016

Seton Hall University School of Law,J.D., 2006, cum laude

Lehigh University, B.S., 1999

Certi�ed Information Privacy Professional

(CIPP/US)

Dan manages electronic document review e�orts, evaluates and utilizes methods oftechnology-assisted review, and supervises teams of contract attorneys on large-scale reviewprojects. Additionally, Dan counsels clients on electronic document retention issues anddesigns legal hold procedures to assist clients with defensible and cost-e�ective ESIpreservation. He routinely serves as discovery counsel in all types of disputes, frequently onbehalf of manufacturers engaged in pattern litigation, and represents Wilson Elser as itsdesignated e-Discovery liaison for large �rm clients. 

Information Governance Dan counsels organizations to manage and organize their information assets to contain costsand minimize related organizational risks. He audits, assesses and investigates currentinformation governance practices and employee adherence to existing policies and he draftsdocument retention plans, social media guidelines, cloud computing policies, permissible usepolicies and “bring your own device” policies. At the same time, he counsels clients on relateddata security issues and litigation readiness concerns, including the evaluation of legacy dataretention and disposal. Dan routinely engages with clients’ IT employees, records managersand additional key stakeholders to train employees and monitor compliance with informationgovernance policies.