ediscoveryeDiscovery & Forensics

eDiscovery & Forensics

In today’s litigation environment, legal teams and companies need simplified ways to help manage and review all types of documents, including both electronically stored information (ESI) and paper-based documents. Litgistix provides a full range of ESI processing services and technical solutions to support the e-discovery process and all phases of the Electronic Discovery Reference Model (EDRM) (click below for more details on how we can help on each e-discovery stage).

With our dedicated staff, strategic partners and powerful suite of software tools, we provide the following services and solutions to help you better manage your e-discovery needs in a value based cost and effective manner.

Points of Service
  • Dedicated E-Discovery project management and consulting
  • Full suite of electronic conversion software and tools
  • Early Case Assessment for data analysis and cost estimating
  • Forensic collections and analysis with strategic partners
  • Electronic and native file document processing and TIFF/PDF conversion capabilities
  • Email extractions and processing/filtering with attachments and metadata
  • Culling, de-duping, and filtering to reduce data volume and costs associated with ESI processing, review, and production
  • Consulting on document review and production strategy, tools, options and support
  • On-line document review software with OnDemand® (formerly known as ImageDepot™) and other software options
  • CLE training and e-discovery presentations also available
1. Information Services
Information Services Information Management concerns how your organization manages information internally on a daily, on-going basis. Among other things, this includes:

 

  • Policies and procedures on saving, organizing, and retaining electronic information
  • Policies and procedures on data backup and/or archiving
  • Policies and procedures on electronic records destruction / purging
  • Managing metadata: email, file system, and document metadata (embedded metadata)
How Litgistix Can Help

 

  • Discuss and analyze your current electronic records management procedures
  • Incorporate your work style with a records management plan
  • Present and recommend software or other solutions to streamline work-flow processes
  • Train staff to use software efficiently to accomplish goals
2. Identification

Identification involves determining the location, scope, and scale of potentially discoverable ESI (Electronically Stored Information). Among other things, this includes:

  • Determining key players, including non-parties, who may have potentially discoverable records relevant to a particular litigation, within set time frames
  • Locating and securing information from hard drives (work and home computers, external drives, copy/fax machines, etc.), portable storage devices (thumb drives, cell phones, PDAs, etc.), on-line mail servers (Yahoo, Google, etc.), social networking sites (Facebook, Twitter, LinkedIn, etc.), that may contain relevant information
  • Isolating email messages and attachments, word processing documents, spreadsheets, databases, pictures, audio / video files, etc. for preservation and processing
  • Deciding whether digital forensics is needed to capture deleted data, to prevent spoliation, and to preserve the integrity of evidence
How Litgistix Can Help

 

  • Assign a dedicated project manager to your case who will be your primary contact to coordinate all aspects of your project
  • Help identify key custodians and map (diagram) locations of potentially relevant data by issuing and analyzing questionnaires re ESI locations, types, and custodians
  • Accurately determine and report on types and volume of data on drives, disks, and in email stores (using LexisNexis LAW PreDiscovery™ software)
3. Preservation/Collection
Preservation requires ensuring potentially relevant records are not altered or destroyed during the pendency of a lawsuit. The duty to preserve starts at the time the filing of a lawsuit is “reasonably foreseeable,” and can require coordination between legal and technological fields. Issues involved in preservation include:
  • Balancing the cost of preservation with efficient, routine operation of the company
  • Educating and monitoring all key players and staff regarding “Do’s & Don’ts” of records management while a litigation hold is in place
  • Clearly defining with opposing counsel what is considered relevant based on facts and legal issues
  • Isolating files, servers, and back-up tapes to prevent spoliation
  • Determining whether certain routine processes need to be suspended temporarily until collection can be made to prevent spoliation
How Litgistix Can Help

  • Conduct data minimizing searches to limit the amount of information required to be preserved to the given date ranges, topics, data types, custodians, etc.
  • Extract and preserve metadata until it is determined whether or not it is relevant and to be exchanged with opposing counsel
  • If necessary, provide backup tape restoration, password recovery and evidence storage through our strategic partner (Cloud Nine Discovery) or a local forensic company, Magnir. This includes chain of custody documentation and forensic expert testimony if needed
Collection

Collection of paper and electronic data determined at the identification phase to be potentially relevant should be complete enough to satisfy the potential scope of discovery requests and relevant data based on facts and issues in the case. This will allow for the most efficient processing, review, analysis, and production of data. Issues to be addressed at this stage include:

  • Whether a forensic, “mirror image” of the media source(s) needs to be made
  • Whether only “active” data needs to be collected, or deleted data must also be included
  • Efficient management of data collection from all identified sources to mitigate costs
How Litgistix Can Help

  • Provide detailed chain of custody tracking forms to ensure legally defensible collections
  • Allow viewing of hard drives via a write blocking device without the risk of changing source data
  • Incorporate and track additional (later-found) data into existing collections for processing according to agreed upon procedures
  • If necessary, provide forensically sound collection and/or investigation of data and metadata, backup tape restoration, password recovery and evidence storage through our strategic partner (TrialSolutions) or a local forensic company, Avansic. This includes chain of custody documentation and forensic expert testimony if needed

Here you can define the content that will be placed within the current tab.

4. Processing/Review and Analysis

Processing normalizes data and reduces the volume of ESI to be reviewed for privilege, responsiveness, and further analysis in connection with factual and legal issues in a given case. Although some processing occurs before the analysis phase, inevitably additional processing will occur after the analysis phase when determinations have been made as to which populations may be responsive or likely to yield responsive data. At this initial processing stage, it is important to consider (or focus more closely on), among other things:

  • The type of review tool that will be used. This may influence how data is processed and the format data takes
  • The form of production. Although this may have been agreed upon by counsel prior to this stage, the types or volume of data may influence whether parties take on the cost of converting documents to a consistent image format (e.g., TIF/PDF) with load files for metadata; produce documents in native format; or engage in a quasi-native production consisting of some images and some native documents
  • Quality control. This is necessary throughout all stages of the EDRM, and automated and manual/personal quality control checks play an important role in ensuring document review and production is accurate and judicious
How Litgistix Can Help

  • Convert paper & electronic records to a uniform electronic format for review using litigation support software (Summation, Concordance, Adobe Acrobat, Sanction, TrialDirector, etc.) or web-based repository (OnDemand®)
  • Cull and filter based on key words, date restrictions, document types, and custodians to reduce the number of records to be reviewed
  • De-duplicate records using unique MD5 Hash Codes or other unique identifiers to reduce data sets further
  • Extract metadata and/or code objective data fields and create load files for litigation support software
  • Review and process mail stores (.PST & .NSF files) to prepare email messages and attachments (parent-child relationships intact) for further substantive review
  • Extract text from images or OCR images to create text-searchable documents to speed review
5. Production

Production means providing copies of relevant records to opposing counsel in an agreed-upon format for use during discovery and at trial. Depending on the volume of data to be produced, production may be made on paper, on CD/DVDs, on hard drives, or a combination of these formats.

  • There are pros and cons to using the various types/classes of production (native, near-native, near-paper, and paper)
  • Various forms of production include: files, searchable text, fielded data, load files, other metadata, etc.
  • Form of production should be agreed upon with opposing counsel early in litigation (Rule 26(f)). Parties should weigh the pros and cons of native production or image documents with load files, for example.
  • In cases with voluminous ESI, consider having records of key custodians produced first and prioritize further production on a rolling basis
  • Consider that some data is excluded when records are converted to images, e.g., Excel formulas and hidden cells, blind carbon recipients and “date read” are not available when spreadsheets and emails are converted to image form; PowerPoint notes may not automatically be converted and animations may not work; comments and/or track-changes may or may not appear in converted Word documents
How Litgistix Can Help;

  • Prepare paper or electronic files (in various formats, with electronic Bates numbers, and with or without load files) for opposing counsel
  • Ensure Excel files are properly formatted if produced in image format
  • Provide objective data coding and/or OCR’d text to facilitate and improve searching abilities
  • Establish a rolling production schedule for voluminous ESI
  • Electronically redact privileged or confidential information properly to ensure it is cannot be revealed
  • Electronically add Bates numbers or “confidential” stamps prior to production
  • Organize paper documents in tabbed notebooks
  • Prepare / generate production and/or privilege logs
6. Presentation

Presentation is key to convincing a judge or jury that you should win. Efficient communication of your facts and arguments using a combination of high-tech and low-tech methods should tell your client’s story clearly and simply. Electronically present evidence at summary judgment hearings to help the judge focus on key excerpts or use litigation presentation software at client, expert, and witness preparation meetings. For trial, you may want (among other things):

  • Exhibit boards / enlargements
  • Notebooks of exhibits for witnesses, admission, and the judge
  • A complete database of all Plaintiff and Defendant exhibits, depositions and exhibits for potential presentation at trial
How Litgistix Can Help

  • Help develop demonstrative exhibits (enlargements, timelines, organizational charts, animations, etc.) based on case themes and issues
  • Provide deposition synching services and/or video clip preparation
  • Prepare tabbed exhibit notebooks
  • Set up equipment and manage electronic presentation of evidence at a hearing, arbitration, mediation or at trial

Call us today at (918) 585-1131 or email litsupport@litgistix.com to discuss how we can assist in more efficiently handling your next e-discovery project and help in reducing your legal document management processing time and costs.


Click to learn more about Litgistix’s Online Review Tool & Web Repository

Online Hosting

Call us for a quote or email litsupport@litgistix.com