8 Things You Can't Afford to Ignore About eDiscovery. Unstructured content is growing at an unprecedented rate, reaching 650% over five years, with Fortune 1000 companies managing petabytes of data. With electronically stored information (ESI) being formally covered under the Federal Rules of Civil Procedure (FRCP), organizations need new tools to effectively manage, analyze, and review ESI. This article presents 8 techniques and technologies that can be used to lower costs and improve litigation success.

1. 8 Things You Can’t Afford to
Ignore About eDiscovery
AIIM 8 Things Series
John Wang, CCP Brought to you by:
Product Manager and eDiscovery Specialist
jwang@zlti.com
February 25, 2010

2. About ZL Technologies
• Experts in Total Information Governance
– Unstructured Content Archiving
– eDiscovery
– Compliance
– Secure Email
– Scalability & Low TCO via Private Clouds
• Select Customers

3. About John Wang
• Experience / Roles
– 15+ years in Technology
i Product Manager Solutions Architect Developer
• Degrees
– .. M&T MBA Computer Science Finance
• Industry Participation
EDRM AIIM LexisNexis
• Project Leadership • Research • Certified
• Search Guide proposal, Concordance
Co-author execution, and Professional
presentation

4. Agenda
1. Early Case Assessment
2. Data Mapping
3. Investigative eDiscovery
4. Concept Search
5. Non-Linear Review
6. Parallel Search
7. End-to-End eDiscovery
8. Cloud Computing

5. Overview
? Did you know?
5 Year Enterprise Data Growth Estimate
85% will be Unstructured!
Sources: Gartner

6. Overview
• ESI is discoverable
• ESI volume is growing at 55+% annually*
• Litigation is increasing
– 42% US organizations expecting more litigation (from 34%)**
– 83% US organizations have been litigated against in 2008**
• Timelines have been shortened
• How do we handle this is an affordable way?
• Can we move from a reactive, bottom-up approach to a
strategic, top-down approach?
• This presentation shows us 8 technologies to do just that!
Sources:
* ESG
** Fulbright & Jaworski

7. Early Case Assessment
? Did you know?
In-house eDiscovery
Payback Period
Sources: Gartner, Merrill Lynch

8. Early Case Assessment
3 Questions Item Achievement
– Does the complaint have merit? Payback Period 3-6 months,
– How much will this cost us? or 1 large IP case
– What has the org learned? Litigation Success 76%**
Overview Cost Reduction 50%**
– Estimate risk to prosecute or
defend a case Early Case Assessment Results
– Formulate resolution in first 90 - 100%
120 days 80%
– Examine key facts, allegations, 60%
applicable laws and venues
40%
– Analyze and assess potential
20%
trial themes for both sides
0%
– Pursue the best course Cost of E-Discovery Litigation Success
Rate
Without ECA With ECA
Sources:
** Cogent Research

9. Early Case Assessment
Traditional Post-Collection ECA
Processing
Preservation
Information
Identification Review Production Presentation
Management
Collection
Analysis
VOLUME RELEVANCE
Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net
Assess ESI after Collection, Preservation, Processing and Analysis

10. Early Case Assessment
ECA “Now”
Processing
Preservation
Information
Identification Review Production Presentation
Management
Collection
Analysis
VOLUME RELEVANCE
Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net
Compress timeline and assess before collection, reducing processing,
analysis and review

11. Early Case Assessment
Deployment How does it affect you?
– In-house eDiscovery – Resolve cases faster
– Allows faster and – Resolve cases more
iterative searching, favorably
“going back to the – Reduce costs
well” Action Plan
Process – Evaluate solutions
– Analysis – Try solutions on known
– Visualization cases and case data
– Evaluate results

12. Data Mapping
? Did you know?
Fortune 1000 Data per Firm
In potentially 100s of Repositories!
Sources: Industry Sources

13. Data Mapping
Required by Rule 26(a)(1)(B) Take Advantage of Rule 37(F)
• “… a copy of, or a description by • Provides defense against
category and location of, all sanctions for “routine, good-faith
documents, electronically stored operation of an electronic
information, and tangible things” information system.”
• Requirements
– Repositories
The Three Ss of eDiscovery
– Types of ESI per repository
– Custodians
– Retention policy
– Preservation & disposition Spoliation “I’m Sorry” Sanctions
– Legal hold enforcement
– Collection method
– Accessibility

14. Data Mapping
How does it affect you?
Integrated Data Mapping – Reduce sanction risk
– Reduce overhead from 10 hrs
to 30 min / week
Data Mapping – Reduce costs
– Automate collections and
Legal Hold Notification legal holds
– Work with BCP/DR and
InfoSec/DLP
Culling
Action Plan
Collection
– Evaluate current solution and
available solutions
Legal Hold – Analyze options if there is a
gap

15. Investigative eDiscovery
Exclusionary ED Investigative ED
Approach • Approach Cull by
– Cull by Custodian Cull by
Date
Cull by
Custodian
– Cull by Matter Matter
– Cull by Date
– Roots in Forensics
Cull by File
type
– Cull by File type
Limitations Review
• Benefits Review
– Blunt tool – Finding highly relevant
– De-selects on secondary
information early in the
characteristics process
– Find relevance late in process – Finds information not
– May need to go back to the necessarily tied to custodians,
source late in the process e.g. file server data
– More false negatives as the – Supports ECA
collection grows

16. Investigative eDiscovery
How does it affect you?
Investigative eDiscovery is based
– Higher Success Rates
on the science of forensics, an
older and more complete – Lower Information Risk
approach than traditional via Wider Safe Harbor
eDiscovery. – Better results
New technologies make – Successful ECA
Investigative eDiscovery a reality Action Plan
again.
– Evaluate past performance
Key Technologies wrt initially missed
– Billion document search relevant email
engines – Calculate cost
– Index in-place – Investigate options
– Cloud / GRID scalability

17. Concept Search
? Did you know?
Keyword Search
Missed Relevant Documents
Sources: Blair & Maron

18. Concept Search
• Attorneys and paralegals are not familiar with the terms in use
– Many words can be used to mean the same thing
– Organizations often create special “code words”
Subway Accident
Subway
Company Victims
“unfortunate “Disaster”
incident”
“event,” “incident,” “situation,” “problem,” “difficulty”

19. Concept Search
Actively Researched and How does it affect you?
Developed Technology – Find more relevant
documents
– Discovery case facts faster
Year Technique
– Recommended by courts
1763 Bayes Theory and the Sedona
(Bayesian Inference)
Conference
1948 Shannon Entropy
Action Plan
(Shannon Information Theory)
– Evaluate test cases
1951 K-Nearest Neighborhood
– Get review teams involved
1988 Latent Semantic Indexing (LSI)
for real world analysis
1999 Probabilistic LSI
2003 Latent Dirichlet Allocation

20. Non-Linear Review
? Did you know?
Legal Review Productivity
Increased Productivity from Non-Linear Review
Sources: Deloitte, Industry Sources

21. Non-Linear Review
Traditional Linear eDiscovery
– Grouped by source, custodian,
date, etc.
– Like documents are scattered
– 10,000s of docs / case
Non-Linear Review
– Grouped by concept, near-
duplication
– Easy navigation via Technologies
visualization – Clustering
– Less context switching – Auto-Classification
– Better sampling – Concept Search
– 1,000,000s of docs / case
– Visualization

22. Non-Linear Review
Key Statistics How does it affect you?
• 72% of attorneys say review is the • Faster review drives
most expensive part of ED
– Lower costs
• Review is up to 80% of ED costs
• Can save $187,500 on a 1.5 M – Faster results
doc case – Better results
– Successful ECA
eDiscovery Review Productivity
Action Plan
– Evaluate current
Non-Linear Review process and costs
– Justify investigation
Traditional Linear Review – Review options
0 5,000 10,000 15,000

23. Parallel Search
? Did you know?
Keyword Search is still advancing?
Term searches – in seconds to minutes
Source: Gartner

24. Parallel Search
Search How does it affect you?
100,000 terms across – Take the guesswork out of
billions of documents choosing keywords
in seconds to minutes… – Run queries as simulations
– Supports wildcard search,
• Keywords proximity search, etc.
• User names Action Plan
• Email addresses – Review complex searches
• Patent numbers – See if parallel search can
• SSNs provide new insights that
• etc… could not be economically
performed before.

25. End-to-End eDiscovery
? Did you know?
eDiscovery Vendors
Offering Products and Services
Sources: Socha-Gelbmann 2009 E-Discovery Survey

26. End-to-End eDiscovery
Single / Multi-Vendor
Processing
Preservation
Information
Identification Review Production Presentation
Management
Collection
Analysis
VOLUME RELEVANCE
Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net
Typical Archive Initial Search Case Analytics Review tool
3.5 days to 3 days to 4 days to
index 30TB index 1.1TB export 2M docs
• 25% of vendors (150+) will disappear by 2011
• More vendors are entering eDiscovery than leaving

27. End-to-End eDiscovery
Single Platform
Processing
Preservation
Information
Identification Review Production Presentation
Management
Collection
Analysis
VOLUME RELEVANCE
Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net
• No data transfer between initial collection, review, and production
• No incompatibilities or inter-stage processing time delays

28. End-to-End eDiscovery
• True End-to-End eDiscovery How does it affect you?
is: – Faster
– Single platform – More Reliable
• Benefits – Lower Cost
– Integrated Data Map & – Institutional Memory
Legal Hold Action Plan
– Single Collection – Evaluate current process
– Enterprise-wide search in and costs
review platform – Justify investigation
– No intermediate – Review options
Productions
• Bottom Line
– Cost and Time Savings

29. Cloud Computing
? Did you know?
Cloud Computing
Market Forecast by 2011 & 2013!
Sources: Gartner, Merrill Lynch

30. Cloud Computing
Industry hype?
• Today:
– $56 billion
– 3% of enterprises using cloud
• By 2013:
– $150 billion market?
– 50+% of email archiving in the cloud?
Sources: Gartner, Forrester

31. Cloud Computing
Industry hype?
• Today:
– $56 billion
– 3% of enterprises using cloud
• By 2013:
– $150 billion market?
– 50+% of email archiving in the cloud?
The Good, The Bad, and The Solution …
Sources: Gartner, Forrester

32. Cloud Computing
The Good
1. Lower Cost
– Only pay for what you use
2. Scalability
– GRID / MapReduce
3. Increased Storage
– Virtualized file system
4. Flexibility
– Deploy new capability quickly
5. Automation
– Less manpower requirement
6. More mobility
– Inside and outside counsel

33. Cloud Computing
The Good The Bad
1. Lower Cost 1. Guaranteed service levels
– Only pay for what you use – Some have no guarantees
2. Scalability – Data not under your control
– GRID / MapReduce 2. Security & shared tenancy
3. Increased Storage – Provider capabilities vary
– Virtualized file system – Also may have no guarantees
4. Flexibility 3. Chain of custody
– Deploy new capability quickly – Forensic examination?
5. Automation 4. Lock-in and pricing
– Less manpower requirement – Ability to get data out?
6. More mobility 5. Current adoption
– Inside and outside counsel – Only 3% of business users!

34. Cloud Computing
How does it affect you?
The Solution
• Faster review drives
Private Cloud Computing
– Lower costs
• What is it? – Better resource utilization
– Cloud infrastructure deployed
– Scales for one time
in-house
projects
• Added Benefits
Action Plan
– Secure
– Check internal cloud
– QoS / SLA
strategy
IT Organizations Will Spend More
Money on Private Cloud Computing
– Run savings figuress
Investments Than on Offerings From
Public Cloud Providers Through 2012
Gartner

35. 8 Things You Can’t Afford to Ignore
with eDiscovery ZL Technologies
1. Early Case Assessment • Experts in Total Information
2. Data Mapping Governance
3. Investigative eDiscovery
4. Concept Search – Unstructured Content
5. Non-Linear Review Archiving
6. Parallel Search – eDiscovery
7. End-to-End eDiscovery – Compliance
8. Cloud Computing – Secure Email
– Scalability & Low TCO via
More Information Private Clouds
• http://aiim.typepad.com/
• http://www.zlti.com/

36. Thank You
Brought to you by:
Thank You
John Wang
jwang@zlti.com