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Lexbe eDiscovery Webinar- Best Practices: NearDup

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Near duplicate identification, or ‘NearDup’, is a critically important eDiscovery function that can drastically increase the speed and quality of your review by grouping similar documents, maintaining email threads, retrieving unmarked ‘hot’ documents, and preventing the inadvertent release of critical privileged information. As document collections continue to grow, so does the risk of missing key documents, inconsistently coding productions, and releasing privileged data.

http://www.lexbe.com/resources/ediscovery-webinars/best-practices-neardup/?LEX=slideshare

For a complete listing of our free onDemand presentations see our Lexbe eDiscovery Library here: http://lexbe.com/resources/ediscovery-webinars/?LEX=slideshare

The Lexbe eDiscovery Library is an educational resource including webinars, presentations, MP3 podcasts and other materials covering a variety of practical subjects involving legal document management and e-Discovery. Access is available and free on registrations to lawyers, litigation paralegals and legal assistants, in-house counsel, litigators, litigation support, eDiscovery IT, Information Technology, litigation support and related professionals, who are involved in legal document management, electronic discovery, deposition or trial preparation.

To receive notices of future live and on-Demand webinars as part of the Lexbe eDiscovery Webinar Series, please email us at webinars@lexbe.com or follow-us on LinkedIN: https://www.linkedin.com/company/lexbe

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Lexbe eDiscovery Webinar- Best Practices: NearDup

  1. 1. Best Practices: NearDup Gene Albert Principal, Lexbe LC Using Near Duplicate ID to Detect Key Docs, Protect Privilege & Speed Reviews July 17, 2014
  2. 2. eDiscovery Webinar Series ○ Takes Place Monthly ○ Cover a Variety of Relevant eDiscovery Topics ○ Presentations Available for Download by Registrants. Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 Info
  3. 3. eDiscovery Webinar Series Lexbe is an Austin, TX based eDiscovery software and services provider. ○ Lexbe eDiscovery Platform Lexbe eDiscovery Platform is a hosted eDiscovery processing and review tool. Users can load a variety of file types, process for review, OCR for search, and conduct document reviews, productions, prepare for depos & analyze transcripts, conduct case analytics, prepare for dispositive motions, and provide litigation support during trial. ○ Lexbe eDiscovery Services Lexbe performs large volume document culling, processing from native to PDF or TIFF, load file creation, high-volume OCR of image files, Rule 26 and project management consulting, and related eDiscovery Services. About Lexbe Lexbe Sales sales@lexbe.com (800) 401-7809 x22 Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  4. 4. If you have any questions or technical issues, please e-mail them to: webinars@lexbe.com Questions will be forwarded to Gene and answered during the webinar or via e-mail if we run out of time. eDiscovery Webinar Series Questions & Technical Issues Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  5. 5. ○ Principal of Lexbe LC, a provider of cloud-based litigation review and document management software & eDiscovery services. ○ Prior business experience in software, medical services and internet-based businesses. Prior legal experience as in-house counsel and in private practice. ○ Frequent speaker and author on eDiscovery and legal technology issues. ○ Education MBA, University of Texas (2005) JD, Southern Methodist University (1983) BA, University of Texas (1979) ○ Contact Gene Albert 512-686-3460 gene@lexbe.com Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 eDiscovery Webinar Series Gene Albert Bio
  6. 6. Near Duplicate Detection ○ What is Near Duplicate Identification? ○ When is ‘NearDup’ Needed? ○ Inadvertent Privilege Release Example ○ Using ‘NearDup’ to: ■ Group Similar Documents ■ Find More Key Documents ■ Enable Email Threading ■ Prevent the Inadvertent Release of Privileged Information ○ NearDup Groupings+ service options from Lexbe Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 Agenda
  7. 7. What Is It? ○ NearDup technology automatically recognizes similar documents within an e-discovery document collection ○ Algorithm analyzes, evaluates and compares the actual text content of the documents to each other Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 Near Duplicate Detection Unstructured Documents NearDup Groupings
  8. 8. What Does It Do? Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 Near Duplicate Detection NearDup technology will group similar documents, even though not exactly the same. Examples include: ○ Separately scanned documents. ○ Multiple versions of a Word document that are slightly different due to minor edits, reformatting, etc. ○ An original document and one with handwritten notes on it. ○ Emails and responses that continue a conversational ‘chain’ or ‘thread’.
  9. 9. Data Types and Volume Keep Growing Digital Information Created, Captured, Replicated Worldwide4 3 2 1 2005 2010 2015 Source: IDC Digital Universe Study (2012) * 1 Zettabyte = 1 Trillion Gigabytes Zettabytes* 2.8 zettabytes of information were created and replicated during 2012, a 56% increase from 2011 (IDC) Voip Email iPhones Peer-to-Peer Online Storage Digital Cameras Facebook | LinkedIn DropBox | Backup Devices Elastic Storage | SaaS | Google Streets Personal Blogs | Skype | World Satellite Images Personal Scanners | Customer Service Recordings Public Webcams | Google Goggles | Netbooks | Cloud Instance Servers | PaaS Need for Near Duplicate Detection Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  10. 10. Main Applications of NearDup There are 4 main applications of NearDup analysis: 1) Grouping similar documents: ○ Bunch highly similar documents together for more efficient coding and review 2) Finding hidden ‘key’ or ‘hot’ docs: ○ Retrieve and mark unseen documents that have content highly related to existing ‘hot’ or ‘key’ documents 3) Preventing the inadvertent release of privileged information ○ Be automatically alerted to files containing similar content to documents that have already been coded as privileged 4) Enable email threading: ○ Maintain relationships between email conversations Do I Need Near Duplicate Detection? Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  11. 11. Applying Near Duplicate Detection Large Groupings Accelerate Review Feature Description Report identifies Near Dup Groups in a case based on extracted or OCRed text Benefits ⃝ Accelerate document review by batch coding (using multidoc edit) larger groups ⃝ Increase coding consistency of batched documents ⃝ Reduce privilege errors Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  12. 12. Applying Near Duplicate Detection Find Similar Versions of Key Documents Example Similar versions of a Key Document are shown in the Document Viewer Benefits ⃝ Follow the trail from one key document to others. ⃝ Find key documents that would otherwise be missed Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  13. 13. Prevent Inadvertent Privilege Release Setup & Planning Collection Culling & Analysis Processing Depos & Motions Review & Production Beware of Inadvertent Privilege Release ○ Larger cases have put a strain on accurate privilege review. ○ Finding 9 versions of a privileged document doesn’t help if you release version 10. ○ Nothing is more costly than compromising or losing a case because of privilege disclosure. ○ Claw-back agreements a good idea, but no panacea. “You can’t unring a bell.” Applying Near Duplicate Analysis Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  14. 14. Prevent Inadvertent Privilege Release Applying Near Duplicate Analysis Example Case: Thorncreek Apartments III, LLC v. Village of Park Forest (N.D. Ill. 2011) ○ At issue were six documents produced by Defendants to Plaintiffs, but attorney-client privilege was claimed ○ Court determined that the Defendants were negligent by failing to check the production database created by a third-party e- discovery vendor before it became available to opposing counsel ○ Court found waiver, relying in part on long period of time after production before attempting to clawback documents and failure to timely prepare a privilege log. ○ Even if the court allowed clawback, the sensitive information would have already been disseminated. Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  15. 15. Prevent Inadvertent Privilege Release Setup & Planning Collection Culling & Analysis Processing Depos & Motions Review & Production Minimizing Risk of Privilege Release ○ Understand the Privilege Review process undertaken in detail. ○ Build dictionary of privileged sources and issues early in doc review. ○ Check for: untrained or sloppy review; unsearchable documents; incomplete search indices; poor redaction procedures; search not done in metadata and full-text; privilege text retained in natives, text files, load files, text-based PDFs. ○ Use specialized computerized privilege checks for container (email family) consistency, exact-dup and near-dup identification. Applying Near Duplicate Analysis Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  16. 16. Prevent Inadvertent Privilege Release Example ⃝ Privileged documents found 9 out 10 times, but one missed Benefit ⃝ Find privileged documents with text similarity that can be easily missed otherwise Applying Near Duplicate Detection Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  17. 17. Applying Near Duplicate Detection Catch Privilege Inconsistencies Feature Description Report identifies inconsistently coded privilege and work product codings Benefits ⃝ Reduce privilege errors ⃝ Avoid sole reliance on human coding consistency ⃝ Establish safeguards to help maintain privilege Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  18. 18. Applying Near Duplicate Detection Email Threading Feature Description Group email messages that have similar text representing a conversation thread Benefits ⃝ View email chains with similar text in date & time order ⃝ Avoid confusion of emails only tangentially related (<50% text overlap) ⃝ Consistently code email chains for responsiveness, privilege, attorney- eyes only, etc. Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  19. 19. Included with Lexbe eDiscovery Platform Applying Near Duplicate Analysis ○ Near Duplicate Identification is included at no additional cost in Lexbe eDiscovery Platform. Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 ○ You can automatically apply ‘NearDup’ to documents you self- upload into the platform to group similar documents and review for privilege coding consistency.
  20. 20. Applying ‘NearDup’ in The Cloud Lexbe eDiscovery Platform ● Self-administration ● Native (Office, etc.) processing ● Automatic OCR ● Early case analysis ● Dual-index search ● Exact & near-dup ID ● Doc Review & issue tagging ● Blended productions ● Transcript management ● Timelining, depo prep ● Dispositive motions ● Trial document management Cloud-based litigation document management software FEATURES Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  21. 21. Included in Processing Services Applying Near Duplicate Analysis Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 We apply NearDup Groupings+ to the following processing services at no additional charge: ○ Native Processing+ (TIFF) Convert Outlook, Microsoft Office, and other native file types for review in in-house TIFF-based systems ○ Native Processing+ (PDF) Convert Outlook, Microsoft Office, and other native file types into searchable PDFs for review ○ Native Extraction+ Prepare case data for native or near native review
  22. 22. Security & Data Ownership What to look for in litigation cloud service offerings: ○ Encryption Data encrypted (256-bit or above) in-place and in-transit. ○ Data Center Certifications Data centers should be certified, follow industry best standards, etc. ○ Clear Ownership Rights Service agreements should clearly acknowledge client data ownership. ○ Redundant Back-Ups; Recovery Service provider should have robust and redundant backup & recovery protocols. Applying ‘NearDup’ in The Cloud Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014
  23. 23. Summary Use ‘NearDup’ to Improve Doc Reviews Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014 ○ Faster Review Group Incoming Documents by Similarity for faster, more efficient coding. ○ Find Hot Docs Find hidden ‘hot’ documents with similar content to files you’ ve already marked as being particularly important to a case. ○ Prevent Privilege Release Identify documents containing privileged information that haven’t been consistently tagged before producing them to opposing counsel ○ Better Email Review Easily and coherently review through email conversations threads with different custodian sources.
  24. 24. Thank You Contact Info Gene Albert: Lexbe Principal gene@lexbe.com (512) 686-3382 Stu Van Dusen: Marketing Manager svandusen@lexbe.com (512) 843-7672 Lexbe Sales: sales@lexbe.com (800) 401-7809 x22 Webinar Questions: webinars@lexbe.com Best Practices: ‘NearDup’ Identification | eDiscovery Webinar Series | July 17, 2014

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