PROTEGGA LLC e-Discovery Services

e-Discovery is the collection, review, and production of information stored in electronic format, "ESI" or "Electronically Stored Information", (e.g. emails and their attachments, spreadsheets, presentations, memos, reports, and computer-generated information, such as link files, registry entries, log files, configuration data, and metadata). To add to the mystery, e-discovery is also referred to as "ediscovery", "Electronic Discovery", "Digital Discovery", "ED", "EDD", "EED", "Electronic Digital Discovery", "Electronic Disclosure", "Electronic Document Discovery", and "Electronic Evidence Discovery".

Similar to Computer Forensic examinations, one must use strict controls and procedures to ensure that all relevant data is found, that the data is preserved in native format when possible, and that all metadata remains intact. Unlike Computer Forensics, e-Discovery is not an investigation and does not require any special licensing. According to the Texas Department of Public Safety's Private Security Board, "Of course, the phrase ‘electronic data discovery’ encompasses many activities, some of which may require licensure. However, if:

a Private Investigator License is not required.

On the other hand, there are definite benefits to having the production of e-discovery executed by a Computer Forensic Expert as a true expert would have an in-depth understanding of Operating Systems, Databases, Networks, the Internet, Applications, and a more comprehensive understanding of where all the data can reside in a Corporate environment. Additionally, Computer Forensic Experts can ensure all the information provided throughout the e-discovery process is accurate and complete or perform a Computer Forensic investigation when e-discovery falls short of reasonable expectations.

Precise · Methodical · Impartial

PROTEGGA is committed to providing the best, most cost-effective solutions for the collection, preservation, analysis, and recovery of evidence through our Computer Forensics, e-Discovery, Data Recovery, and Litigation Support services. Unlike some of our competitors, PROTEGGA is licensed by the State of Texas and can legally function in any area of the Electronic Discovery Reference Model. Additionally, PROTEGGA has extensive Corporate Information Systems experience in a variety of industries and technologies.

PROTEGGA has been aiding attorneys, individuals, and corporations involved in Civil Litigation, Family Law, Corporate Bankruptcy, Employment Law, Mergers & Acquisitions, and more since 2003. PROTEGGA proudly serves Texas and the United States from our North Texas office in Plano (a suburb of Dallas). PROTEGGA has served as Computer Experts in State and Federal courts in Texas, Utah, California, New York, Florida, Oklahoma, and others.

Identification

The Identification Phase is used to identify potential sources of relevant data. These sources may include Mainframes, Unix Systems, Linux Servers, Windows Servers, Novell, Databases, Cloud Computing, LAN, WAN, MAN, SAN, NAS, Online Backups, Offline Backups, Near-Line Storage, Intranet Sites, Source Code, Instant Messaging, Document Management, SMS/Text Messages, and list goes on. Determining the location of potentially discoverable data is necessary in order to issue an effective legal hold. Executives, key players, IT Management, Records Management, and potential custodians will need to be interviewed to identify how and where relevant data may be stored, any retention policies, not reasonably accessible data, and any in-house tools that are available to assist in the identification process.

In the early phases of a legal dispute, the scope of data subject to preservation may be uncertain. The nature of the dispute and the individuals involved may change as litigation progresses. Change must be anticipated and procedures should be in place for preserving any newly identified information. The Identification Phase requires a diligent investigation and analytical thinking, traits commonly found in a Computer Forensic Investigator. The very short time frames typically imposed by litigation are not likely to be met without the complete support of Management. PROTEGGA stresses consultation as early as possible in the process to minimize any spoliation, intentional or not, of evidence and to ensure a productive execution of the Rules of Civil Procedure.

The Federal Rules of Civil Procedure, Rule 26(f), the planning conference, was modified to provide for a discussion of the issues related to electronic discovery, privilege assertion, and preservation. What data is reasonably accessible? What is opposing counsel really asking for and how will that affect my case? What's the inherent risk of a forensic image versus a targeted collection? How will we deal with compressed, encrypted, password protected, or damaged data sets? What exactly is responsive? With the sheer volume and dynamic nature of digital evidence, dealing with e-Discovery is costly and often overwhelming.

Preservation and Collection

The Preservation and Collection Phases tend to overlap. The failure to promptly isolate and protect potentially relevant data (Preservation) in ways that are legally defensible, reasonable, and verifiable can lead to claims of spoliation and potential sanctions. Collection is the acquisition of potentially relevant electronically stored information as defined in the identification phase of the electronic discovery process.

As mobile computers (Laptop, MacBook), smart phones (iPhone, Android, Windows Mobile, Blackberry), Cloud Computing, and other digital devices (iPod, iPad, NetBook, Tablet, MP3) continue to permeate our daily activities, our dependency on them increases. Through the increasing speed and bandwidth of wireless internet, technology and application software have become mobile to the point of being intrenched in our each and every move. Corporations are not immune to the drastic advancements in technology. With mobile technology, a remote workforce, subcontractors, outsourced services, the Internet, and cloud computing, your corporate data is more dispersed than ever before.

Early Data Assessment

The Early Data Assessment Phase, also known as Early Case Assessment, is not one clearly defined within the Electronic Discovery Reference Model; however, this phase falls distinctly between Collections and Processing. This phase is imperative in determining litigation exposure, reducing overall e-discovery costs, and thinning out of the overall reviewable data for production. During Early Data Assessment, several steps may occur:

Processing

Following the Early Data Assessment (Early Case Assessment), it often becomes necessary to process the data before it can be reviewed for Production. Some primary goals of the Processing Phase are to apply additional filtering rules, deDupe across the entire data set, tag data with potential privilege alerts, OCR conversion on image files, such as TIFF and PDF, identification of encrypted and other non-readable files, identification of foreign language files, assignment of parent/child relationships, metadata extraction, and full text indexing. Within some environments, like the one maintained by PROTEGGA, processes are executed for email threading, email analytics, and email domain identification.

Information will arrive at the Processing Phase in various data formats. All data will need to be normalized for the Native Review Phase, for instance:

Traditionally, the Processing Phase and the Review Phase, below, is where most of the e-dsicovery cost is incurred. The Early Data Assessment Phase greatly reduces this cost exposure.

Review

The Review Phase is a critical component to most litigation. During Review, responsive documents are identified and organized for production to opposing parties. Documents that may be covered by a protective order, a Rule 11 agreement, privileged, confidential, or proprietary are also identified, tagged, and logged as withheld. In the Review Phase, counsel will gain a more clear understanding of the factual issues of the case and legal strategies start to solidify. Of course, there are two sides to the Review Phase, the first is to review documents for production to opposing parties, while the second is used to review opposing party's production to you.

Electronic discovery, with its enormous volume of data, can seem daunting. The good news is (a) the same technology that created this vast volume of information can be used to quickly review and identify all responsive and vital documents and (b) the efforts put forth in the Early Data Assessment Phase (Early Case Assessment) not only saved on Processing costs, but also on Review time and expense. PROTEGGA'S e-Review tool is one of the highest performing and most functional tools available today for reviewing Electronically Stored Information.

PROTEGGA'S e-Review tool includes:

Analysis

While the Analysis Phase appears after Review, it is really deployed throughout the e-discovery process. As e-discovery tools have matured, sophisticated analytic methods have been put to use, as shown above, in addition to the use of Computer Forensics within the e-Discovery process. The Analysis of the data sets, both produced and received, will provide counsel with all the facts of the case allowing for informed decisions. The Analysis should produce the how, when, where, who, and why of everything that occurred. When it doesn't, Computer Forensics can be employed to find the missing information. Here is the primary reason to use a licensed firm for e-Discovery.

Production

With the unprecedented increase in the amount of Electronically Stored Information in the corporate community, there has been a corresponding increase in the focus on costs, how data is collected, and finally produced in civil litigation and government investigations. Because of the complexity, the potential costs, and the risks associated with producing Electronically Stored Information, the topic has been addressed in a growing number of articles, white papers and judicial opinions. As a measure of the significance of the topic, production of Electronically Stored Information is addressed directly in the Federal Rules of Civil Procedure which were amended effective December 1, 2006. For example, Rule 26(f) sets an expectation that the method and format by which Electronically Stored Information is to be produced should be considered and negotiated by the parties early in the discovery process.

In addition to processing and producing native files, PROTEGGA can produce printed, TIFF, PDF, or load files for Summation, Concordance, Relativity, EDRM XML, and other custom forms. Static images like print, TIFF, and PDF can be Bates Labeled with your choice of numbering schemes. Privilege logs, audit logs, and other reports can be generated to prove proper handling of responsive documents.

Presentation

The presentation of Electronically Stored Information can be a challenge for attorneys and paralegals especially when the data contains no legible form. Technology has advanced greatly over the last decade making it easier to present exhibits in near-paper. Due to the nature of Electronically Stored Information and the advent of native and near-native document productions, some cases require counsel to present exhibits in native format.

Deposition and trial exhibits may be information in paper, near-paper, near-native, or native format. The exhibits may be in boxes or organized electronically in an automated litigation support system. PROTEGGA can assist you in creating sustainable evidence exhibits, such as printed trial graphics and documents, and digital exhibits for use in Powerpoint, KeyNote, Sanction, and Trial Director. Affidavits and Expert Witness testimony are also available to attest to the processes and validity of all evidence.

Electronic Discovery Reference Model
www.edrm.net
e-Discovery

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e-Discovery@PROTEGGA.com