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eDiscovery Webinar Series
Webinar: Finding Holes in Productions
Best Practices in Testing & Reporting on ESI Adequacy Using
Modern Analytics
eDiscovery Webinar Series
eDiscovery Webinar Series
● Webinars take place monthly and cover a variety of relevant eDiscovery topics
● If you have technical issues or questions, please email [email protected]
● Lexbe webinars are available for viewing (streaming video), and downloadable as a PDF Presentation or an MP3 podcast.
● This Webinar and a complete listing of other onDemand webinars 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
ABOUT OUR WEBINARS
eDiscovery Webinar Series
ABOUT LEXBE◼ Serving boutique law firms for more than 15 years
◼ Based in Austin TX
◼ Developed a Native End-to-End eDiscovery Application Hosted at Amazon Web Services
◼ Lightning Fast, Feature Rich & Highly Affordable
◼ Purpose-Built for DIY eDiscovery for Boutique Law Firms
Gartner Reviews:
“Cost-effective eDiscovery” “Secure, easy-to-use and a great review tool for consideration”
“A powerful litigation document management service”
Lexbe Confidential
eDiscovery Webinar SeriesLexbe Confidential
Karsten Weber Bio○ Founder & CTO of Lexbe Inc, a provider of cloud-based litigation
processing, review and document management software & eDiscovery services
○ eDiscovery consultant & expert
○ Prior ExperienceConsulting Expert, Lumin Expert GroupDirector of Software, nLine CorporationSoftware Engineering Manager, KLA-Tencor
○ EducationMBA, University of Texas
M.S. Engineering, Danish Technical University
Karsten Weber512-686-3469
GUEST SPEAKER
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Massive Growth of Electronically Stored Information
MARKET TRENDS
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Forecast of Emails Sent Per Day
STAGGERING QUANTITIES
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Mobile Apps Monthly Active Users in Millions
PROLIFERATION OF MOBILE MESSAGING
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Deployment Plans for Collaborative Chat Apps
COLLABORATION APPS
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Agenda
● Receiving Party’s Complaints About Productions
● Increased Scrutiny of Productions
● Causes for Inadvertent Exclusion of Material
● Areas for Examination
● Bates Gaps
● Maintaining Metadata
● Leveraging Metadata to Analyze Production
● Custodian Mapping
● Analyzing Reports
FINDING HOLES IN PRODUCTIONS
eDiscovery Webinar SeriesLexbe Confidential
● Important ESI sources were missed or hidden.
● Culling and responsive searches were awful and missed clearly responsive documents.
● Important documents emerged only after depositions.
● Defendant produced a largely irrelevant document dump.
● Defendant used insane eDiscovery vendor estimates to justify proportionality claims.
● No understanding of forms of production and problems.From Craig Ball, Is There a Right to Fail in E-Discovery? https://ballinyourcourt.wordpress.com/
It’s critical for Attorneys and Paralegals to understand the IT side in order to assess production quality
Plaintiff’s Complaints about Productions
RECEIVING PARTY’S COMPLAINTS ABOUT PRODUCTIONS
eDiscovery Webinar SeriesLexbe Confidential
● "Litigants have been ignoring e-discovery obligations with impunity for so long they’ve come to think of it as an entitlement. . .
● [N]ow that opponents and courts are waking to this failure, those who’ve failed to adapt are feeling exposed.”
From Craig Ball, Preservation & Proportionality https://ballinyourcourt.wordpress.com/
INCREASED SCRUTINY OF PRODUCTIONS
eDiscovery Webinar SeriesLexbe Confidential
● Receiving parties (usually Plaintiffs) can raise doubt about production quality more easily than ever.
● Judges are more educated and taking complaints more seriously.
● Producing party’s time and money will be spent on defending productions rather than preparing for depositions.
● Problems validated can undermine producing party’s credibility with the court.
● Possible sanctions for egregious behavior.
But how does one demonstrate that a production may be inadequate?
INCREASED SCRUTINY OF PRODUCTIONS
eDiscovery Webinar SeriesLexbe Confidential
● Failure to Identify and Collect From All Data Repositories
● Failure to Institute a Litigation Hold
● Failure to Get Data from All Sources in a Custodian’s Possession
● Poor Processing or OCR
● Poor Keyword Searches or TAR
● Failing to Maintain Document Date (last modified) during collection
Possible Causes (Excluding Intention)
CAUSES FOR INADVERTENT EXCLUSION OF MATERIAL
eDiscovery Webinar SeriesLexbe Confidential
● Bates Gaps
● Gaps in Time Periods; Are Documents Being Supplemented Over Time?
● Missing Data for Specific Custodians;Lack of Expected Communications between Custodians; Missing Aliases
● Missing Data Sources, File Types, or Metadata
● Production Does Not Include ESI that Receiving Parties or Third Parties Possess
● Missing Hits for Keywords Expected in Case
Looking for Systematic Evidence of Under-Production
AREAS FOR EXAMINATION
eDiscovery Webinar SeriesLexbe Confidential
Searching for Bates gaps should be one of the first steps in locating holes in a production.
Maintaining your own log of an opponent’s production ranges will allow for quick identification of missing documents. This becomes especially important during rolling and supplemental productions.
Refer to the range to the right which outlines a very large Bates gap that was located during the eDiscovery process.
Bates Start Bates End
64352 66007
68200 68227
68228 71548
71549 79201
79202 98581
98582 106884
106885 111178
111179 126637
126638 127414
BATES GAP
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Metadata is field-level file information often delivered with a production as part of a load file (Concordance/Relativity DAT, Summation DII and Lexbe XLSX)
Key Metadata Fields & Use
Metadata Field Name Type Use in Production Analysis
Date/Time Sent, Date/Time Received Email Show when emails sent and received
Sender, Recipients, CC and Bcc Email Show who sent and received emails
Doc Source, File Path, Custodian Email & Native Custodian and chain of custody
Date Last Modified Native Usually best date field for files collected normally (without a forensic collection)
File Extension / File Type Email & Native Show type and quantity of ESI produced
METADATA USE IN PRODUCTION ANALYSIS
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Metadata as displayed on native DAT file. Most platforms will parse fields into specific field titles so that information can be overlayed into the platform’s built in fields.
MAINTAINING METADATA IN PRODUCTIONS
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ExampleMAINTAINING METADATA IN PRODUCTIONS
eDiscovery Webinar SeriesLexbe Confidential
It is crucial to obtain loadfiles when exchanging imaged productions (native files converted to TIFF/PDF prior to exchange). Without doing so, the opportunity to analyze data sets is compromised, as are basic review functions such as sorting/filtering per any missing field.
MAINTAINING METADATA IN IMAGED PRODUCTIONS
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The Lexbe eDiscovery Platform will automatically extract any available metadata directly from the native file and will store the information in built-in Metadata fields.
MAINTAINING METADATA IN NATIVE FILES
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Look at data over time, how much data exists during a specific time period, is there an unexplained gap?
LEVERAGING METADATA TO ANALYZE PRODUCTION
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● Assume production spans 10 custodians. A 10% drop in volume could be normal fluctuation. However, it could also be caused by a 100% drop for a single custodian.
● Custodians for which no data was collected at all○ Response identifies 12 people that are relevant to case, you cannot do a production
with only 10.
● Existing business correspondence, when available, can be used to find holes in productions.
● Without metadata, these tasks becomes much more difficult
ExampleLEVERAGING METADATA TO ANALYZE PRODUCTION
eDiscovery Webinar SeriesLexbe Confidential
Mapping of a Particular Custodian● Interview custodians to obtain any and all email addresses and names ● Must be done to link all possible names to a single individual.● Identify all alias names
Different Variations of a Custodian’s Name● John Smith● Smith, John● Email - work and personal● Nicknames● “Johnny”● etc.
CUSTODIAN MAPPING
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Use Lexbe built-in Case Assessment Reports to locate:● Low document volume per Custodian (GB or count)● Low document volume per Doc Type (GB or count)● Low document volume per Master Date (GB or count)
ANALYZING REPORTS
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Export data to Excel to perform multi-level reporting: ● Document volume per Ext broken down per Custodian● Document volume per Year broken down per Custodian● Document volume per Ext broken down per Date
ANALYZING REPORTS
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Summary● ESI data size is increasing and has become impractical to analyze by hand.
● Judges are more educated in eDiscovery and applying more scrutiny.
● Production holes are not always initially obvious. The entire production should be thoroughly
reviewed.
● If holes/gaps exist, the receiving party can shift the burden to the producing party to prove that this
collection was done without holes. If even one production is incomplete, it’s enough to raise
reasonable doubt for the entire case.
eDiscovery Webinar Series
THE LEXBE UBER INDEXNative Characters
Translated Characters
All Characters From Native Files are Extracted and Included in the Uber Index.
All OCR Characters are Extracted and Included in the Uber Index.
All Images are OCR’d, Characters Extracted and Included in the Uber Index.
Lexbe’s Translation Engine Feeds the Uber Index All Translated Characters
OCR Characters
Image OCR Characters
◼ Multi-source concatenated singular index
◼ Lightning fast
◼ Seamlessly add documents without re-indexing
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eDiscovery Webinar Series
ADVANCED APPLICATIONS OF AI
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Audio & Video File Transcription
LanguageTranslation
ImageRecognition
SentimentAnalysis
◼ Utilizing Neural Networks for advance machine learning and high-quality results
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INDUSTRY LEADING PRICING
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Service Relativity LexbeProcessing $125 per GB $0
User Fees $95 per User $0
Technology Assisted Review $30 per GB* $0
Near Duplication * Included with Relativity Analytics $0
Email Threading * Included with Relativity Analytics $0
Hosting $8 per GB per Mo. $5 per GB per Mo.
AI Insights N/A $0
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INDUSTRY LEADING SECURITY
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◼ Passed extensive application penetration test by IBM in 2019
◼ United States Federal Agencies and municipalities utilize Lexbe
eDiscovery Webinar Series
THIRD PARTY ENHANCED ANALYTICS
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‘Cost-effective eDiscovery’
“A powerful litigation document management service”
“Because of the Lexbe software, the entire playing field has been leveled for my firm.”
‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms
“Lexbe is the easiest eDiscovery software I have ever used’
‘Secure, easy-to-use and a great review tool for consideration’
● The Lexbe eDiscovery Platform, is our cloud-based processing, review and production tool. Designed for Attorneys/legal staff to be DIY and easy to use, with no users fees or case fees. Free standard loading with annual plans.
● Learn about our high-speed/high-capacity eDiscovery services, and expert professional services.
● Request a personalized demo and expert consultation today!
1-800-401-7809 x22 | [email protected]
LEARN MORE ABOUT LEXBE
eDiscovery Webinar SeriesLexbe Confidential
We’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: Karsten [email protected]
Moderator: Jeff [email protected](512) 653-8295
Webinar Questions: [email protected]
THANK YOU FOR ATTENDING