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					eDISCOVERY SOLUTIONS                                   FREE WEBINAR:                                         Backstrokes – Are you
As the e-discovery market space and its many           "Summation & Trial Director"                          Preparing for Production …
solution providers continue to evolve, so does         Thursday, October 6, 2011
                                                                                                             or the Olympics?
system complexity. Organizations looking for           2:00pm EDT
e-discovery solutions may become                                                                             Learning about a case as you review the
overwhelmed by the breadth and depth of the            AccessData is hosting a FREE webinar. The             documents is about as antiquated as having an
market.                                                Litigation Supporting training team is pleased to     electronic typewriter to generate your
                                                       present, Scott Lefton, Sales Engineer at              pleadings. It is paramount for the litigation team
This EDRM Report is intended to serve as a             AccessData with an extensive background as a          to be proactive instead of reactive when
guide to assist organizations in vetting such          Trial Consultant and an expert in Trial Director      managing a case. The attorney’s involvement
software.                                              and has supported over 100 trials. Scott will be      is crucial and if absent has a negative ripple
                                                       giving us tips on how Summation and iBlaze            effect as you move through the different case
While the document aims to be comprehensive,           integrate and providing a window of time for          phases. Guessing games by the support staff
please treat this guide as a starting point and        questions and answers.                                during these phases can prove to be
tailor its advice to your specific needs.                                                                    expensive and make damage control
                                                       REGISTER NOW >                                        necessary down the line as the attorney
We believe this report will serve as thought                                                                 eventually comes to understand the data, its
provoking input, and better prepare you to                                                                   volume, what steps are necessary to review it,
make a well informed decision regarding e-             FREQUENTLY ASKED                                      and how to produce it. More importantly, if the
discovery software and services.                       QUESTIONS                                             attorney is uninformed about how important
                                                                                                             these decisions are; she is likewise equally
                                                                                                             uninformed about how to make requests to the
                                                       QUESTIONS                                             other side. There is no time for costly mistakes
                                                       (check below for answers)                             that can determine whether or not you
For Legal & Technical Professionals
                                                                                                             successfully make a deadline and it is unfair to
                                                       A. The client is notified of a case and starts        the client who has placed their trust in your
LITIGATION SUPPORT TERMS                               searching through emails on their system.             team. Finally, making informed decisions when
                                                       Instead of exporting a complete folder structure      working with a dedicated in-house staff
De-duplication: Is the process in which the
                                                       of the person’s inbox, they go through and copy       member and/or vendor about how the data will
service bureau can identify duplicate e-mails or
                                                       here and there. The litigation team conducts their    be processed and delivered either for review
other electronic documents and remove the
                                                       review, pulls the privileged emails and produces      or production will let the litigation team become
extra copies during the processing stage
                                                       the responsive set. Opposing counsel gets the         experts at the backstroke - unless they
thereby providing a smaller set for review.
                                                       production right away wants to search for all         understand the consequences of the decisions
                                                       emails found in “John Doe’s” deleted box. But         and the impact on their case.
Defendant: Is the party against whom the
                                                       they can’t. At this point, opposing counsel is in
complaint is usually filed against by the plaintiff.                                                         Let me provide an analogy, since that is the
                                                       their review stage, but this should have been
                                                       addressed back in what phase of the EDRM for          way my mind works – and maybe it will help
Deposition: Is the testimony under oath, a                                                                   you see where I am coming from. Let’s say
                                                       the producing party?
statement by a witness that is written down or                                                               you pull into the drive-through and order a
recorded for use in court at a later date.                                                                   cheeseburger. The drive–through
                                                       B. An attorney is reviewing 10,000 emails and
                                                       searches for every email from John Doe to Jane        representative (in this case the person
Defaults: Are the settings for the tools                                                                     managing the data with in-house tools or your
                                                       Doe. The 10,000 emails are culled down to a set
provided in the application before the user                                                                  vendor) explains to you, “Hey, we can offer
                                                       of 75. The attorney can tell by reading the emails
customizes their profile. For example, a fuzzy                                                               lettuce, pickles, tomatoes, and onions.” You’re
                                                       that there is an attachment somewhere but they
search in the OCR base is set by default to                                                                  thinking, that sounds great! You dig into the
                                                       cannot easily retrieve the attachment. At this
return documents that are 80% similar to the                                                                 meal and head back to work where a bold
                                                       point they are in the REVIEW/ANALYSIS phase
value. The percentage can be changed all the                                                                 colleague offers you a mint. (My mom always
                                                       of the EDRM but this should have been
way down to 65%. By default it is set at 80%.                                                                told me, never turn down a mint!) Looking
                                                       addressed back in what phase?
                                                                                                             back, that fully loaded burger sounded great at
Designations: Used for identifying key legal                                                                 the time, but had you realized that later you
                                                       C. Clarence the clicker gets wind of a lawsuit
issues and assigning color codes. Throughout                                                                 would have bad onion breath, you may have
litigation the designations provide the litigation     and starts cleaning up his computer since he is
                                                                                                             ordered differently!
team with a means of running reports based on          unaware of any litigation hold -just like you would
the designated issue and creating subsequent           do to your house if you had company coming.
                                                                                                             Decisions about the case are made throughout
digests.                                               Six months later, counsel sees an email in John
                                                                                                             every phase of the Electronic Discovery
                                                       Doe’s in box sent from Clarence but when they
                                                                                                             Reference Model (“EDRM”),
                                                       look at the emails collected from Clarence’s
FORENSIC TERMS                                                                                               and I encourage you to take advantage of the
                                                       computer, it’s not there. Now the team must go
                                                                                                             tools and resources that are out there to
                                                       computer, it’s not there. Now the team must go
                                                                                                              tools and resources that are out there to
                                                       back and IMAGE Clarence’s computer. At this
Bad Block: A block (usually the size of a                                                                     understand the impact of your decisions and
                                                       point they are in the REVIEW phase but this
sector) that cannot reliably hold data because                                                                avoid unnecessary backstrokes. If you are
                                                       should have been addressed back in what
of a media flaw or damaged format markings.                                                                   managing data in-house, make a commitment
                                                       phase of the EDRM?
                                                                                                              to educate your team members. If you are
Banner: A banner is the information that is                                                                   working with a vendor, demand that they hold
                                                       D. An attorney is reviewing electronic discovery       your hand through this process and act as a
displayed to a remote user trying to connect to
                                                       and is trying to figure out how to redact the          consultant. This will ensure that as you
a service. This may include version
                                                       documents during his review. The team decided          encounter new discovery file types, technology
information, system information, or a warning
                                                       to save money and limit converting the files to tiff   and tools, you can feel confident about your
about authorized use.
                                                       to only those that were responsive. At this point      decisions because you had insight to look
                                                       they are in the REVIEW phase of the EDRM but           ahead to the eventual outcome.
Best Evidence Rule: The Best Evidence Rule
                                                       this should have been addressed back in what
states that to prove the content of a written
                                                       phase?                                                 I have provided a fun exercise for you and
document, recording, or photograph, the
"original" writing, recording, or photograph is                                                               your colleagues. Refer to the FAQ’s and see if
ordinarily required.
                                                       E. Your attorneys requested "electronic copies"        you can identify the correct answer to these
                                                       and opposing counsel gave a DVD full of                common dilemmas. If you have purchased
BestCrypt: A common symmetric encryption               searchable PDF files. At this point we are in the      Summ it Up, Chapter Seven goes into great
                                                       PRODUCTION phase of the EDRM but this                  detail about the processes and provides you
system that can be used with any of the
                                                       should have been clarified in which phase of           with some checklists and cheat sheets as a
following Hash functions and encryption
                                                       discovery?                                             baseline to discuss and track decisions
algorithms: GOST and SHA1 Hash; GOST,
                                                                                                              throughout the process. Good luck!
Blowfish, IDEA, Twofish, CAST, AES, RC6, and
3DES encryption.                                       F. When the litigation team began creating the
                                                       production set, the attorney was upset because
Binary: A number system used for digital               the documents revealed a gap in the production         LITIGATION SUPPORT

computing that has two unique numbers                  numbering scheme. This is in the                       Learning Management
comprised of zero and one.                             PRODUCTION phase of the EDRM but should
                                                       have been addressed in what phase?                     System
Binary File: A file that uses all eight bits of the
                                                       ANSWERS                                                You’ve heard about the Learning Management
byte. Machine language programs (executable
                                                                                                              System, (“LMS”) which is exactly what you
programs), graphics files, databases,
                                                                                                              need WHEN you want it. We’re also
spreadsheets and most word processing files            A. COLLECTION phase of the EDRM, the
                                                                                                              introducing our LMS Starter Kit.
fall into this category. Almost all files except for   method in which the files were collected from the
simple ASCII text files are binary files. The          client’s system did not capture the file folder        CLICK HERE >
distinction is meaningful when transmitting mail       structure of where the files reside (i.e., inbox,
over the Internet. SMTP (Simple Mail Transfer          delete box, sent box, etc.)
Protocol) supports ASCII characters, which
use only seven bits. When binary files are
                                                       B. PROCESSING phase of the EDRM – during               "SUMMATION SENSATIONS"
attached to e-mail messages, they must be
                                                       the communication with the person/vendor
converted into a 7-bit temporary text format,
                                                       processing the discovery, the method in which
such as MIME, UUcoding or BinHex, and                                                                         Congratulations to our Summation Certified
                                                       the family structure is maintained between emails
restored to their original 8-bit format at the                                                                End Users (“SCE”), Summation Certified Case
                                                       and their attachments should have been
receiving end. Full-blown e-mail programs (not                                                                Managers, (“SCCM”), and Summation
light versions) support the popular encoding                                                                  Certified Administrators, (“SCA”).
                                                       C. PRESERVATION phase of the EDRM –                    If you're interested in taking our free on-line
                                                       Upon reasonable notice of any law suit, the            exam to obtain certification and promote your
                                                       Litigation Hold must be put in place which             skills, please visit:
                                                       triggers preserving relevant data stored on any to
                                                       type of media.                                         register now!

                                                       D. PROCESSING – At the time of processing              Summation Certified EndUser, (“SCE”)
                                                       the data, the review team should have been                              Gina Loria, Eric Beard, Curtis
                                                       made aware that while only converting files that                        Personett, Amy Renehan,
                                                       are responsive to a .tiff file following the review                     Hiram Del Amo, Yeimi Eirea,
                                                       does save money, at this point, you are unable                          Stella Ehrler, Darlene Gilliam,
                                                       to redact a native file.                                                Jill Gwendolyn Ward, Ligia
                                                                                                              Merida, Antoinette Nicolosi, Heather Ryan,
               SUMM IT UP                                                                                     Daniel Krukewitt, John Rodowca
                                                       E. The REQUEST – Until the attorneys are
               by Michelle Kovitch
                                                       educated about the various file types in which
           Cost: $99 (plus shipping)                   discovery can be produced and what benefit             Summation Certified Case Manager,
           Spiral-bound: 237 pages                     those files have to the review team if any, they       (“SCCM”)
                                                       put themselves in a position to consider what                           Bobby Luong, Juan Pino,
              PURCHASE NOW >                           was produced and make a plan from there                                 Yeimi Eirea, Hiram Del Amo,
                                                       whereas if they had the tools to take command                           Vivian Quinones, Barbara
                                                       of the request to begin with it would not only save                     Weirmeir, Amy Renehan
ALL ACCESS PASS                                        time when the discovery was produced but also
One year of unlimited training, at one low price.      allow the team to take full advantage of specific
                                                       load files, the ability to search and streamline the
MORE INFORMATION >                                     process of review.                                     Summation Certified Administration,
  MORE INFORMATION >                                     process of review.
                                                         F. PROCESSING – during the communication                                 Alicia Graham, Juan Pino,
                                                                                                                                  Yeimi Eirea, Hiram Del Amo,
  LITIGATION SUPPORT                                     with the person/vendor processing the
                                                                                                                                  Bobby Luong, Vivian
                                                         discovery, the pros and cons associated with
  COURSE OFFERINGS                                       endorsing the pages with a number should have                            Quinones, Jimil Patel, Nicole
                                                         been explored. By having the documents                                   Blake, Mario Nikac, Joseph
  VIEW COURSE DESCRIPTIONS >                                                                                      Mosely, Michael Cox
                                                         numbered from beginning to end before the
                                                         review for responsiveness, the documents are
                                                         now married to that numbering scheme whether
  Register for a class:                                  they are responsive or not.
                                                                                                                  THANK YOU!
  800.574.5199 (US)
  +1.801.377.5410 (International)                                                                                 Thank you for the opportunity to serve you.
                                                                                                                  We are dedicated to meeting your needs and
  Don't see a class in a city near you? Email us                            Join our growing community on
                                                                                                                  welcome input on topics you would like to
  to see when we will be teaching in your area.                             Twitter, LinkedIn, Facebook,
                                                                                                                  learn more about. My team is excited about                                                       & eDiscoveryInsight Blog.
                                                                                                                  our progress and look forward to offering a
                                                                                                                  of curriculum.

                                                                                                                  Michelle Kovitch
                                                                                                                  Director of Litigation Support Training

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