writers summit 09 - why ediscovery is a problemralph losey
TRANSCRIPT
Why e-Discovery is a Problem:Searching for Truth and Justice in
Chaotic Disconnected Information Silos
Ralph C. Losey
Friday, June 5, 2009
Lawyer: Shareholder and Chair of Akerman Senterfitt's e-Discovery Practice Group
30 years Litigation experience; last 3, only e-Discovery
Adjunct Professor, Univ. of Florida, School of Law, on e-discovery
Author: Introduction to e-Discovery: New Cases, Ideas and Techniques (ABA 2009)
E-Discovery: Current Trends and Cases (ABA 2008)
HASH: the New Bates Stamp, 12 Journal Technology Law & Policy 1 (June 2007)
Websites: e-Discovery Team (weekly blog): www.ralphlosey.wordpress.com
www.FloridaLawFirm.com (personal web on IT and Law)
Why e-Discovery is a Problem:Searching for Truth and Justice in
Chaotic Disconnected Information Silos
Ralph C. Losey
Friday, June 5, 2009
Lawyer: Shareholder and Chair of Akerman Senterfitt's e-Discovery Practice Group
30 years Litigation experience; last 3, only e-Discovery
Adjunct Professor, Univ. of Florida, School of Law, on e-discovery
Author: Introduction to e-Discovery: New Cases, Ideas and Techniques (ABA 2009)
E-Discovery: Current Trends and Cases (ABA 2008)
HASH: the New Bates Stamp, 12 Journal Technology Law & Policy 1 (June 2007)
Websites: e-Discovery Team (weekly blog): www.ralphlosey.wordpress.com
www.FloridaLawFirm.com (personal web on IT and Law)
Why e-Discovery is a Problem:Searching for Truth and Justice in
Chaotic Disconnected Information Silos
Ralph C. Losey
Friday, June 5, 2009
The Failure of Business to Adopt ECM is Destroying American System of Justice
No Justice Without Truth.
No truth if you cannot find the relevant evidence.
Friday, June 5, 2009
The Failure of Business to Adopt ECM is Destroying American System of Justice
No Justice Without Truth.
No truth if you cannot find the relevant evidence.
Friday, June 5, 2009
The Failure of Business to Adopt ECM is Destroying American System of Justice
No Justice Without Truth.
No truth if you cannot find the relevant evidence.
Friday, June 5, 2009
The Failure of Business to Adopt ECM is Destroying American System of Justice
No Justice Without Truth.
No truth if you cannot find the relevant evidence.
Friday, June 5, 2009
Most Trial lawyers Are Luddites
Friday, June 5, 2009
Most Trial lawyers Are Luddites
Friday, June 5, 2009
Most Trial lawyers Are Luddites
Friday, June 5, 2009
Most Trial lawyers Are Luddites
Friday, June 5, 2009
Most Trial lawyers Are Luddites
Friday, June 5, 2009
Most Trial lawyers Are Luddites
Friday, June 5, 2009
Here is what we all want.
Friday, June 5, 2009
Here is what we all want.
Friday, June 5, 2009
Collection
Productio Presentat
ReviewTranslucent FillInformationManagement
Preservation
Collection
Analysis
Processing
Translucent FillPresentation
Analysis
IdentificaInforamat
Volume Relevance
Volume Relevance
ProductionIdentification
Friday, June 5, 2009
Electronic Discovery Reference Model
Collection
Productio Presentat
ReviewTranslucent FillInformationManagement
Preservation
Collection
Analysis
Processing
Translucent FillPresentation
Analysis
IdentificaInforamat
Volume Relevance
Volume Relevance
ProductionIdentification
Friday, June 5, 2009
In re Fannie Mae Securities Litigation _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).
Friday, June 5, 2009
In re Fannie Mae Securities Litigation _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).
Friday, June 5, 2009
In re Fannie Mae Securities Litigation _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).
‣$6 Million to Comply with an e-Discovery Subpoena
Friday, June 5, 2009
In re Fannie Mae Securities Litigation _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).
‣$6 Million to Comply with an e-Discovery Subpoena‣9% of Total Annual Budget of the Office of Federal Housing Enterprise Oversight
Friday, June 5, 2009
In re Fannie Mae Securities Litigation _ F.3d _, 2009 WL 215282009, (D.C. App. Jan. 6, 2009).
‣$6 Million to Comply with an e-Discovery Subpoena‣9% of Total Annual Budget of the Office of Federal Housing Enterprise Oversight‣400 keywords; 660,000 emails and attachments; 80% of all agency’s email
Friday, June 5, 2009
Today’s headlines
Friday, June 5, 2009
Today’s headlines
‣Former Countrywide Financial Corp. Chief Executive Officer Angelo Mozilo and two of his top deputies were sued by the SEC for allegedly hiding the home lender’s deteriorating finances as the subprime mortgage crisis unfolded.
Friday, June 5, 2009
Today’s headlines
‣Former Countrywide Financial Corp. Chief Executive Officer Angelo Mozilo and two of his top deputies were sued by the SEC for allegedly hiding the home lender’s deteriorating finances as the subprime mortgage crisis unfolded.
‣In one e-mail, he described a “particularly profitable subprime product as ‘toxic.’” He also wrote that Countrywide was “flying blind” and had “no way” to determine the risks of some adjustable-rate mortgages, the SEC said.
Friday, June 5, 2009
Review is Expensive
Friday, June 5, 2009
Review is Expensive
Friday, June 5, 2009
Review is Expensive
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and Logging
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and LoggingAver 16,000 files per gig = $80,000
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and LoggingAver 16,000 files per gig = $80,000
the following facts are Typical:
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and LoggingAver 16,000 files per gig = $80,000
the following facts are Typical:20 Custodians with 50,000 emails/attachments each = One Million ESI
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and LoggingAver 16,000 files per gig = $80,000
the following facts are Typical:20 Custodians with 50,000 emails/attachments each = One Million ESIECM - weak or non-existent for email.
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and LoggingAver 16,000 files per gig = $80,000
the following facts are Typical:20 Custodians with 50,000 emails/attachments each = One Million ESIECM - weak or non-existent for email.Relevance Search Culling reduces down to 10% = 100,000 ESI to be produced.
Friday, June 5, 2009
Review is Expensive
Cost to Review now runs about $5.00 per computer file.
Can range from $3.00 to $10.00 per file; Fannie Mae was $9.09Review for relevance, privilege, confidentiality, issue tagging and LoggingAver 16,000 files per gig = $80,000
the following facts are Typical:20 Custodians with 50,000 emails/attachments each = One Million ESIECM - weak or non-existent for email.Relevance Search Culling reduces down to 10% = 100,000 ESI to be produced.Client still cannot afford $500,000 just to review emails.
Friday, June 5, 2009
Science of Search
Friday, June 5, 2009
Science of Search
‣Recall and Precision
Friday, June 5, 2009
Science of Search
‣Recall and Precision‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives.
Friday, June 5, 2009
Science of Search
‣Recall and Precision‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives.‣Jason baron - TREC Legal Track
Friday, June 5, 2009
Science of Search
‣Recall and Precision‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives.‣Jason baron - TREC Legal Track‣ traditional Negotiated
Keyword Search Usually Sucks (22% recall)
Friday, June 5, 2009
Science of Search
‣Recall and Precision‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives.‣Jason baron - TREC Legal Track‣ traditional Negotiated
Keyword Search Usually Sucks (22% recall)‣ Multimodal and iterative
Sampling is the way
Friday, June 5, 2009
Science of Search
‣Recall and Precision‣ In searching for potentially responsive documents, iterative validation should MINIMIZE false negatives and false positives.‣Jason baron - TREC Legal Track‣ traditional Negotiated
Keyword Search Usually Sucks (22% recall)‣ Multimodal and iterative
Sampling is the way
‣Judgmental and Random Sampling
Friday, June 5, 2009
Metrics and new Technologies/Methods
In re: Seroquel Products Liability Litigation, 244 F.R.D. 650 (M.D. Fla. Aug. 21, 2007). “Common sense dictates that sampling and other quality assurance techniques must be employed to meet requirements of completeness. If AZ took such steps, it has not identified or validated them.”
Friday, June 5, 2009
QUESTIONS?
Friday, June 5, 2009
QUESTIONS?
Friday, June 5, 2009