Planet Data's eDiscovery "Best Practice" Tips
A Valuable Collection of Tips on how to Initiate, Manage and Utilize Electronic Discovery
1. Fast Tracking with Automated Data Extraction
When you’re fast tracking a case, use "artificial intelligence" such as Automated Data Extraction. This will significantly reduce the document coding time, costs and facilitate reviewing documents sooner no matter how large your document collection.
Traditional coding processes can take up to month before you start getting data back for document review. The use of artificial intelligence applied to document analysis and management, can dramatically reduce the document coding cycle from weeks to a matter of days, thereby allowing you to start document review sooner.
2. Receiving Electronic Data from an Adversary can be a Minefield
Receiving "electronic data" from your adversary can be a minefield. To navigate the waters unscathed, be sure to distinguish between native "electronic data" and "electronic files" resulting from the processing of electronic data.
In the context of electronic discovery, electronic data constitutes "native electronic files as kept in the ordinary course of business", and should be distinguished from processed native files that have been rendered to images (which are themselves electronic files: TIF files, or PDF documents. The distinguishing characteristic of "native electronic files" is that they have "metadata" associated with them.
3. Use Automated Data Extraction to Speed Review Time
No matter how many backup tapes, CD’s and hard drives filled with documents there are to review, you can make your life easier by immediately using Targeted Data Extraction™ services on the electronic files for a cost effective and time efficient conversion of your data to a form your team can review quickly.
Automated Data Extraction, advanced intelligence services, will provide you with 25% more and better information at a 75% faster turnaround than traditional methods for 50% lower cost.
4. New technology handles Email Threads in a Unique Way
Targeted Data Extraction retains the chain of emails (who sent it to whom) along with the emails, attachments and metadata.
Use Targeted Data Extraction™ services on electronic files for a cost effective and time efficient conversion of your data to a form your team can review quickly. It will provide you with 25% more and better information at a 75% faster turnaround than traditional methods for 50% lower cost.
5. Lower Costs, Reduce Turn Around Time with Automated Data Extraction
Reduce the cost of document coding and get 75% faster turnaround with Automated Data Extraction. You can also get significantly more substantive and relevant information from your documents.
Take advantage of unprecedented advances in technology. Targeted Data Extraction makes it possible to generate bibliographic data more consistently in a highly cost effective manner, with more substantive, relevant data captured than was previously practical using other methods.
6. Designing a Database for eDiscovery Documents
When designing a database for discovery documents, make sure that the database schema supports productions and privileged document logs.
Design the database or process so generating privileged document logs (privlogs) is a natural outflow of the review and production process. Auto-Data Exraction can pre-flag documents meeting certain criteria. Take advantage of it to pre-qualify documents for privilege review.
7. Save Time and Costs when reviewing Electronic Files
Why waste time and money paying a vendor to convert an electronic file to TIF images or a PDF file when you have electronic files to review at the start?
Electronic files that have been converted to TIF’s or PDF’s become static representations of the original electronic file. This is very important considering the fact that some electronic files have built in dates or calculations that can change the substantive content if you open or merely view the file.
8. Reduce the Risk of Successful Chain of Custody Challenges
Reduce the risk of successful chain of custody challenges by following strict data gathering protocols.
Your client’s network manager may be software certified, but not know about the protocols required to address chain of custody issues which may arise from data they copied. Worse yet, a defense may be based on evidence that cannot be used. The solution: Engage a forensics team to capture data and provide expert testimony if required.
9. Optimizing the Discovery Management Process
Optimize the discovery management process by heirarchically categorizing and reviewing your electronic document collections based on document type.
Heirarchical categorization and review of data based on file type lends itself to creating competencies among document reviewers. A document reviewer who has been reviewing word documents for a week and is moved to reviewing spreadsheets will not be as effective in recognizing sought after patterns as one who has been consistently reviewing spreadsheets.
10. The Benefit of "Normalized" Database Indexed Fields
When using Boolean, fuzzy and stem searching, make sure the indexed fields in your imaged document database are “normalized”. If this is done, you will reduce the probability that your search results are missing responsive documents.
Coding vendors may use multiple teams of coders to expedite projects. This often results in inconsistent coding in a particular field. The next time you receive coded data check to make sure there are no unintentional variations of a name or key term in the database fields. Unintentional variations can result in missing documents that would otherwise be picked up.
11. Optimizing Your Document Review Process
Optimize your document review process by formulating keyword lists and concepts on which to search as soon as you decide to put your documents in an imaged document database.
Develop issue specific search criteria (keywords, dates, concepts) as soon as is practicable, then work with your coding vendor to ensure that the data you receive allows you to categorize your documents based on the search criteria you’ve supplied them. This will give you the ability to refine your theories and find the responsive documents significantly faster than if you decide to create the criteria after you receive your data.
12. Enhance Your Ability to Share Data in Multi-District Litigation
Imaged document repositories greatly enhance a law firms’ ability to share data in multi-district litigation. Recent advances in technology have made repositories easier and less expensive to use.
Browser based document repositories allow law firms to leverage resources in more ways than traditional client server databases.
- 1. Fast Tracking with Automated Data Extraction
- 2. Receiving Electronic Data from an Adversary can be a Minefield
- 3. Use Automated Data Extraction to Speed Review Time
- 4. New technology handles Email Threads in a Unique Way
- 5. Lower Costs, Reduce Turn Around Time with Automated Data Extraction
- 6. Designing a Database for eDiscovery Documents
- 7. Save Time and Costs when reviewing Electronic Files
- 8. Reduce the Risk of Successful Chain of Custody Challenges
- 9. Optimizing the Discovery Management Process
- 10. The Benefit of “Normalized” Database Indexed Fields
- 11. Optimizing Your Document Review Process
- 12. Enhance Your Ability to Share Data in Multi-District Litigation
1. Fast Tracking with Automated Data Extraction
When you’re fast tracking a case, use "artificial intelligence" such as Automated Data Extraction. This will significantly reduce the document coding time, costs and facilitate reviewing documents sooner no matter how large your document collection.
Traditional coding processes can take up to month before you start getting data back for document review. The use of artificial intelligence applied to document analysis and management, can dramatically reduce the document coding cycle from weeks to a matter of days, thereby allowing you to start document review sooner.
2. Receiving Electronic Data from an Adversary can be a Minefield
Receiving "electronic data" from your adversary can be a minefield. To navigate the waters unscathed, be sure to distinguish between native "electronic data" and "electronic files" resulting from the processing of electronic data.
In the context of electronic discovery, electronic data constitutes "native electronic files as kept in the ordinary course of business", and should be distinguished from processed native files that have been rendered to images (which are themselves electronic files: TIF files, or PDF documents. The distinguishing characteristic of "native electronic files" is that they have "metadata" associated with them.
3. Use Automated Data Extraction to Speed Review Time
No matter how many backup tapes, CD’s and hard drives filled with documents there are to review, you can make your life easier by immediately using Targeted Data Extraction™ services on the electronic files for a cost effective and time efficient conversion of your data to a form your team can review quickly.
Automated Data Extraction, advanced intelligence services, will provide you with 25% more and better information at a 75% faster turnaround than traditional methods for 50% lower cost.
4. New technology handles Email Threads in a Unique Way
Targeted Data Extraction retains the chain of emails (who sent it to whom) along with the emails, attachments and metadata.
Use Targeted Data Extraction™ services on electronic files for a cost effective and time efficient conversion of your data to a form your team can review quickly. It will provide you with 25% more and better information at a 75% faster turnaround than traditional methods for 50% lower cost.
5. Lower Costs, Reduce Turn Around Time with Automated Data Extraction
Reduce the cost of document coding and get 75% faster turnaround with Automated Data Extraction. You can also get significantly more substantive and relevant information from your documents.
Take advantage of unprecedented advances in technology. Targeted Data Extraction makes it possible to generate bibliographic data more consistently in a highly cost effective manner, with more substantive, relevant data captured than was previously practical using other methods.
6. Designing a Database for eDiscovery Documents
When designing a database for discovery documents, make sure that the database schema supports productions and privileged document logs.
Design the database or process so generating privileged document logs (privlogs) is a natural outflow of the review and production process. Auto-Data Exraction can pre-flag documents meeting certain criteria. Take advantage of it to pre-qualify documents for privilege review.
7. Save Time and Costs when reviewing Electronic Files
Why waste time and money paying a vendor to convert an electronic file to TIF images or a PDF file when you have electronic files to review at the start?
Electronic files that have been converted to TIF’s or PDF’s become static representations of the original electronic file. This is very important considering the fact that some electronic files have built in dates or calculations that can change the substantive content if you open or merely view the file.
8. Reduce the Risk of Successful Chain of Custody Challenges
Reduce the risk of successful chain of custody challenges by following strict data gathering protocols.
Your client’s network manager may be software certified, but not know about the protocols required to address chain of custody issues which may arise from data they copied. Worse yet, a defense may be based on evidence that cannot be used. The solution: Engage a forensics team to capture data and provide expert testimony if required.
9. Optimizing the Discovery Management Process
Optimize the discovery management process by heirarchically categorizing and reviewing your electronic document collections based on document type.
Heirarchical categorization and review of data based on file type lends itself to creating competencies among document reviewers. A document reviewer who has been reviewing word documents for a week and is moved to reviewing spreadsheets will not be as effective in recognizing sought after patterns as one who has been consistently reviewing spreadsheets.
10. The Benefit of "Normalized" Database Indexed Fields
When using Boolean, fuzzy and stem searching, make sure the indexed fields in your imaged document database are “normalized”. If this is done, you will reduce the probability that your search results are missing responsive documents.
Coding vendors may use multiple teams of coders to expedite projects. This often results in inconsistent coding in a particular field. The next time you receive coded data check to make sure there are no unintentional variations of a name or key term in the database fields. Unintentional variations can result in missing documents that would otherwise be picked up.
11. Optimizing Your Document Review Process
Optimize your document review process by formulating keyword lists and concepts on which to search as soon as you decide to put your documents in an imaged document database.
Develop issue specific search criteria (keywords, dates, concepts) as soon as is practicable, then work with your coding vendor to ensure that the data you receive allows you to categorize your documents based on the search criteria you’ve supplied them. This will give you the ability to refine your theories and find the responsive documents significantly faster than if you decide to create the criteria after you receive your data.
12. Enhance Your Ability to Share Data in Multi-District Litigation
Imaged document repositories greatly enhance a law firms’ ability to share data in multi-district litigation. Recent advances in technology have made repositories easier and less expensive to use.
Browser based document repositories allow law firms to leverage resources in more ways than traditional client server databases.
- Allows real time, 24/7/365 access and collaboration worldwide
- Issue coding teams have access from any internet data point
- Eliminates redundant copies reducing production time and costs
- More effiecient sharing of data with co-counsel or opposing counsel
Planet Data Solutions, Inc. 555 Taxter Rd Elmsford, NY 10523
1.800.688.2812
