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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

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● 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 webinars@lexbe.com or: Follow us on LinkedIN

ABOUT OUR WEBINARS

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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”

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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

karsten@lexbe.com

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

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● 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

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● "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

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● 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

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● 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

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● 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

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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

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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

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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.

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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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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

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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!

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LEARN MORE ABOUT LEXBE

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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 webinars@lexbe.com or Follow us on LinkedIN.

Presenter: Karsten WeberKarsten@lexbe.com

Moderator: Jeff Fugittjfugitt@lexbe.com(512) 653-8295

Webinar Questions: webinars@lexbe.com

THANK YOU FOR ATTENDING