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The Sedona Conference Commentary on Ethics & Metadata – eDiscovery Best Practices

One of the most influential organizations in eDiscovery is The Sedona Conference® (TSC), and some of TSC’s most recent contributions have been documented in this blog, including a commentary on proportionality (released in 2010), database principles (2011) and guidance for judges (2012).  Last month, TSC’s Working Group on Electronic Document Retention & Production (WG1) released it’s Second Edition of The Sedona Conference® Commentary on Ethics & Metadata.

As noted in the Preface of the Commentary, it “focuses on the ethical considerations surrounding the inclusion and review of metadata in the non-discovery and discovery contexts.”  It is also “intended to provide practical guidance for lawyers in protecting confidential metadata and to assist the judiciary in fashioning appropriate discovery orders.”

The Commentary was first published for public comment in March 2012. Several recent significant developments in the law – including recommendations adopted by the American Bar Association House of Delegates in August of last year from the ABA Commission on Ethics 20/20 to extend a lawyer’s duty of competence beyond simply competence in the law to competence in technology relevant to advising and representing clients, along with several dozen comments from WG1 members and the general public – spearheaded the updates.

In addition to the Preface and Conclusion, the Commentary is organized into the following sections:

  • Ethics and Metadata – Basic Concepts: Defines metadata and describes the different types of metadata (e.g., Application Metadata, File System Metadata, etc.) in detail, as well as describing a lawyer’s primary four ethical duties regarding metadata.
  • A Lawyer’s Ethical Obligations Regarding Metadata in the Non-Discovery Context: Discusses topics such as the ethical duties of a lawyer sending metadata or receiving metadata (generally), discussion of bar associations’ ethics opinions prohibiting data mining by the receiving lawyer and which jurisdictions generally do and don’t prohibit data mining and at least one bar association’s suggestion that a lawyer’s duties of competence and diligence require a search for and review of metadata included in electronically transmitted documents.
  • A Lawyer’s Ethical Obligations Regarding Metadata in the Discovery Context: Discusses how discovery is different (especially for the receiving lawyer, who is not only generally allowed, but also possibly mandated to search for and examine any produced metadata) and describes in detail the ethical duties of a lawyer producing metadata or receiving metadata in discovery.
  • Multijurisdictional Issues: Focuses on multijurisdictional conflicts in which a lawyer receives metadata in the non-discovery context.
  • Mitigation: Methods for mitigating metadata (when appropriate), including scrubbing, effective management of track changes, warning about electronic redactions and agreements and orders for handling metadata.

You can download a copy of the commentary here.  As always, you can visit the TSC website at to offer your comments on the public forum pages or submit feedback by emailing them at info@sedonaconference.org.

For more on metadata mining ethics, here’s a post from 2011 on an American Bar Association regarding the topic.

So, what do you think?  How do you handle metadata in your practice?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Everything You Wanted to Know about Technology Assisted Review – eDiscovery Trends

Whether you were “afraid to ask” or not…

Rob Robinson has put together another terrific compilation, this time a compilation of articles about Technology Assisted Review and Predictive Coding over the past 1 1/2 years (from February 2012, last updated on August 12).  If you simply can’t get enough of the topic, you’ll want to check it out.

His compilation can be found at his Complex Discovery web site here (the title of the page is Technology-Assisted Review: From Expert Explanations to Mainstream Mentions).  According to my count, there are 632(!) articles regarding the topic.  Happy reading!

Of course, eDiscovery Daily made its fair share of contributions to the list.  Here are our posts regarding the topic on the site, in case you missed them and want to catch up:

Here are a few others that aren’t listed – just sayin’ Rob!  😉:

Thanks to Rob, once again, for providing a very useful compilation on a very important eDiscovery topic.  And, Rob, if you want to add links for the additional posts above, we won’t complain.  🙂

So, what do you think?  Do you keep up with articles about technology assisted review?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Thursday’s ILTA Sessions – eDiscovery Trends

As noted the last three days, the International Legal Technology Association (ILTA) annual educational conference of 2013 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show.  Today is your last chance(!) to check out the show if you’re in the Las Vegas area with a number of sessions available and over 180(!) exhibitors providing information on their products and services.  Here are today’s sessions in the main conference tracks related to litigation support and eDiscovery.

1:30 PM – 2:45 PM:

Discovery Solutions Part 1: The Selection Process

Description: When faced with choosing a new discovery solution, whether internal or outsourced, firms must undertake common tasks and develop goals for the selection process. In part one of this two-part series, hear different perspectives on identifying, researching, evaluating and selecting tools that fit varying workflows and needs. Panelists will discuss their journeys, including development of business requirements, evaluation processes and final installation models.

Speakers are: Mary Pat Poteet – Project Leadership Associates, Inc.; Stephen Dooley – Sullivan & Cromwell LLP; Brett Burney – Burney Consultants; Danny Thankachan – Thompson & Knight, L.L.P.

3:15 PM – 4:30 PM:

Discovery Solutions Part 2: Implementation and Lessons Learned

Description: In part two of this series about discovery solutions, panelists will discuss the implementation of their discovery solutions, including the models/workflows and software their firms selected. You will also hear “lessons learned” analyses of the projects, which will include challenges identified and other considerations that can improve processes and add value to future business or technology projects.

Speakers are: Mary Pat Poteet – Project Leadership Associates, Inc.; Stephen Dooley – Sullivan & Cromwell LLP; Brett Burney – Burney Consultants; Danny Thankachan – Thompson & Knight, L.L.P.

For a complete listing of all sessions at the conference, click here.

So, what do you think?  Have you attended ILTA this year?  If so, how did you like the conference?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Wednesday’s ILTA Sessions – eDiscovery Trends

Usually I write these blog posts early and schedule them to post in the middle of the night.  However, this is Vegas and it is the middle of the night, so I don’t have to schedule the post.  Viva Las Vegas!  🙂

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2013 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show if you’re in the Las Vegas area with a number of sessions available and over 180(!) exhibitors providing information on their products and services.  Here are today’s sessions in the main conference tracks related to litigation support and eDiscovery.

11:00 AM – 12:30 PM:

Hot Topics in E-Discovery

Description: In this open forum discussion, you’ll get to participate in a topic-based dialogue with peers and colleagues on the hottest issues and trends in e-discovery. ILTA members can vote on and influence the list of topics in the weeks leading up to the conference. While loosely moderated, audience participation and questions are encouraged and will drive this session!

Speakers are: David Cowen – The Cowen Group; Steven L. Clark – Lathrop & Gage LLP.

1:30 PM – 2:30 PM:

Technology and Better Project Management

Description: Keeping up with the ever-changing technology around collecting, processing and reviewing data poses a huge challenge to many case teams. The technology is clearly part of the process, but the question remains: Is the process driven by the technology or by principles of project management? Those working to form a litigation support department or those struggling to set up a project plan will get answers here, as we focus on the process of using technology in different ways to develop a straightforward project plan that the case team can use and rely on from case to case.

Speakers are: Cindy MacBean – Watt, Tieder, Hoffar & Fitzgerald; Gordon Moffat – Baker Donelson Bearman Caldwell & Berkowitz; Duane Lites – Jackson Walker L.L.P.; Chad Papenfuss – Kirkland & Ellis LLP.

3:30 PM – 4:30 PM:

A Numbers Game: The Value of E-Discovery Metrics

Description: Einstein once said, “Not everything that counts can be counted, and not everything that can be counted counts.” Come find out which e-discovery metrics really count. Corporate counsel want more certainty surrounding the time and cost of e-discovery, and our panelists will share their experiences implementing e-discovery metrics and lessons learned. Join us as we explore what to measure, how to collect data and what key metrics have added value for clients.

Speakers are: Florinda Baldridge – Norton Rose Fulbright; Browning E. Marean – DLA Piper; Beth Patterson – Allens; William W. Belt – Deloitte.

For a complete listing of all sessions at the conference, click here.

So, what do you think?  Are you planning to attend ILTA this year?  You’re running out of time!  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Tuesday’s ILTA Sessions – eDiscovery Trends

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2013 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show if you’re in the Las Vegas area with a number of sessions available and over 280(!) exhibitors providing information on their products and services.  Here are today’s sessions in the main conference tracks related to litigation support and eDiscovery.

8:30 AM – 10:00 AM & 11:00 AM – 12:30 PM (2 part session):

Technology-Assisted Review: A Hands-On Case Study

Description: It’s clear corporations and law firms are increasing their use of computer-assisted review/predictive coding.  That’s why you should join us for a hands-on walk through of computer-assisted review from start to finish, looking at all aspects of the work flow.  We’ll include presentations and exercises that teach attendees about reviewer preparation, training sets, statistical sampling, and validation, making this a can’t-miss session for those who are predictive-coding challenged.

Speakers are: Candi Smith – Winston & Strawn LLP; Andrea Garlanger – Relativity by kCura; Constantine Pappas – Relativity by kCura.

11:00 AM – 12:30 PM:

Predictive Coding Technologies for Information Management Purposes…Could It Be?

Description: Predictive coding is THE buzz word on the streets. This buzz has been focused on new technology capabilities to support e-discovery-related tasks, but we’ll challenge attendees to think outside the box and look at the problems that can be solved by leveraging these technologies for information governance. Attendees will be presented with a different journey through the EDRM model –– this time, starting from the left. Our panelists will present thought-provoking suggestions for innovation, balanced with case studies of firms successfully leveraging these technologies. Take a journey from the practical to the “if I had a magic wand,” and leave with cutting-edge information!

Speakers are: Rudy Moliere – Morgan, Lewis & Bockius, L.L.P.; Bennett Borden – Drinker Biddle & Reath LLP; Kathleen Jimenez – Orrick, Herrington & Sutcliffe LLP.

1:30 PM – 2:30 PM:

E-Discovery Pricing Predictability: An Ongoing Debate

Description: Attend a candid discussion about the world of fixed-fee billing, as it works for some and not for others. Some in the corporate world think there is value in vendor RFP competition, while others believe the improved consistency and aggregation of wholesale purchasing power is more advantageous. A panel of peers will debate the two views. You’ll also hear how to arrive at reasonable pricing assumptions and considerations, when fixed fees are advantageous for everyone involved, and how to negotiate fixed fees.

Speakers are: Eric Lieber – Toyota Motor Sales; Kathryn Goetz – Qualcomm; Jennifer Hamilton – Deere & Company; Gene Eames – Pfizer Inc; Rose Jones – King & Spalding LLP.

3:30 PM – 4:30 PM:

Get Invited to Discovery-Management Meet-and-Confer Meetings with No Regrets

Description: Ming the Merciless once said: “Pathetic earthlings. Hurling your bodies out into the void [of knowledge about meet-and-confers], without the slightest inkling of who or what is out here. If you had known anything about the true nature of the universe [of discovery management issues and dangers], anything at all, you would’ve hidden from it in terror.” Two industry experts with an aggregate of over 50 years of experience will share critical mistakes they witnessed during meet-and-confer meetings: terrified, hurtling bodies – and a mess they had to clean up.

Speakers are: Thomas Morrissey – Purdue Pharma L.P.; J. William Speros – Speros and Associates, LLC.

For a complete listing of all sessions at the conference, click here.

So, what do you think?  Are you planning to attend ILTA this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Welcome to ILTA 2013! – eDiscovery Trends

As we previewed on Friday, the International Legal Technology Association (ILTA) annual educational conference of 2013 kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions.  eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show.  Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

If you’re in the Las Vegas area, come check out the show – there are a number of sessions available and over 180(!) exhibitors providing information on their products and services.  As for the conference, there is plenty to talk about as well.  Sessions in the main conference tracks related to litigation support and eDiscovery include:

11:00 AM – 12:00 PM:

If I Were in Your Shoes…Strengthening Partner Relationships

Description: Our panel of litigation support managers from both corporate law departments and law firms will discuss improving working relationships among law firms, their corporate clients and vendors. We’ll take a closer look at the client’s point of view and how firms can deliver superior services. Let’s examine how we can all communicate more effectively and strengthen the relationships between firms and clients.

Speakers are: Scott M. Cohen – Winston & Strawn LLP; Eric Lieber – Toyota Motor Sales; Vanessa Lozzi – Flagstar Bank; Andre Guilbeau – Kiersted Systems.

What Litigation Support Professionals Need To Know About Information Governance

Description: That drive of client-provided ESI you just transferred to the network could contain sensitive information that is a treasure trove for hackers and a huge risk for law firms. What makes firms potentially easy targets, and how can you respond? Litigation support professionals who receive, store, process and transfer data are often the most important line of defense in protecting the client and the firm. Come learn about potential risks, mitigation strategies and how litigation support professionals are partnering with their information governance peers to help mitigate risks.

Speakers are: Rudy Moliere – Morgan, Lewis & Bockius, L.L.P.; William Hamilton – Quarles & Brady LLP; Dera Jardine Nevin – TD Bank.

1:00 PM – 2:00 PM:

eDiscovery Features of Exchange 2013 and SharePoint 2013

Description: Get the inside scoop from Microsoft about how the new eDiscovery Center works to aid in content collection, legal holds, etc. in both Exchange 2013 and SharePoint 2013.

Speaker is: Paul Branson – Microsoft Corporation.

4:00 PM – 5:00 PM:

So You’ve Done a Few Predictive Coding Projects…

Description: Though the newness of technology-assisted review (TAR) is still present, this panel of experts has many projects under its combined belts. This advanced conversation about the use of TAR will demystify for some and provide good insight for all on the practical use of various workflow strategies, the practical development of workflow and protocols, and tips on implementation.

Speakers are: Greg R. Chan – Bingham McCutchen LLP; Brian Evans – Norton Rose Fulbright; Paige Hunt Wojcik – Perkins Coie; Rachel Rubenson – Barclays Bank PLC.

For a complete listing of all sessions at the conference, click here.

So, what do you think?  Are you planning to attend ILTA this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

ILTA: A Catalyst to Legal Technology Education – eDiscovery Trends

For over three decades, the International Legal Technology Association has led the way in sharing knowledge and experience for those faced with challenges in their firms and legal departments.  As part of that effort, they conduct an educational conference each year to provide information to legal technology professionals.  That conference (ILTA 2013: The Catalyst) is next week in Las Vegas at Caesars Palace.  Here’s a preview.

As ILTA states in its overview for the conference: A catalyst can be defined as something or someone that causes a reaction or activity between two or more things to create something new.  Via its four-day educational conference with over 200 peer-developed educational sessions, plenty of networking opportunities and more than 200 exhibiting vendors, ILTA is betting (because it’s in Vegas, get it?) that the conference will be a catalyst for its attendees.

I’ve been attending this conference since last century, when it was known as “Lawnet”.  In my experience, it has always been an informative and well attended show.

eDiscovery Daily will be there, reporting from the show to provide information about sessions and general trends observed in those sessions and within the exhibit hall.  There are at least 14 sessions related to eDiscovery and litigation support topics, so there will be plenty to discuss!

If you haven’t registered to attend, but wish to do so, you can register here.

Word of warning: Caesars Palace is not pager friendly, so be prepared to adjust accordingly.  🙂

So, what do you think?  Do you plan to attend ILTA this year?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

EDRM Wants You! – eDiscovery Trends

A lot is happening in the Electronic Discovery Reference Model (EDRM) group lately and this blog has reported several accomplishments in just the last few months.  With so much going on, you would think they don’t need any help to get things done, but, in fact, EDRM wants your help.

In their latest press release, EDRM has announced its fall campaign for new members. As the press release states, EDRM is offering memberships to individuals and organizations that wish to contribute to the overall improvement of the electronic discovery process by participating in the development and delivery of guidelines, standards, and new resources to the electronic discovery industry.

Since its inception in 2005, EDRM has comprised more than 260 member organizations representing every aspect of eDiscovery and information governance. Attorneys, IT professionals, litigation, and eDiscovery directors and others from corporations, law firms, government, consulting firms, software companies, and service providers are welcome to join EDRM. Members select projects in which to participate based on their individual areas of interest.

The objective of the EDRM Membership Drive is to expand the array of talent and expertise to continue development of practical resources from EDRM by broadening membership from all areas of the electronic discovery industry: providers of software and services, corporations, law firms, educational institutions, and individuals.

Having been a member for most of the 8+ years since EDRM was founded, I can personally say that participating in EDRM is rewarding, not only from a standpoint of helping to shape the direction of the industry, but also in terms of the ability to network with other industry professionals.  It appears that despite the fact that more than half the attendees at this year’s annual meeting were first time attendees, EDRM is still looking for more new members.

Information about EDRM memberships is available here. EDRM will also be hosting a series of webinars in the coming weeks to provide information about the organization and current opportunities for participation to individuals and organizations interested in learning more or considering a new membership.

Since the annual meeting back in May, several EDRM projects (Metrics, Jobs, Data Set and the new Native Files project) have already announced new deliverables and/or requested feedback.  With so much going on and the Mid-Year meeting coming in October (9th through 11th), now is a great time to get involved.

So, what do you think?  Are you a member of EDRM or another organization focused on eDiscovery best practices?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Uninformed Attorneys Are Not in Kansas Anymore – eDiscovery Trends

Well, at least, they have additional resources to become better informed…

“Since March 2012, the U.S. District Court for the District of Kansas has been involved in an intense effort to find ways to ensure that civil litigation actually is handled in the “just, speedy, and inexpensive” manner contemplated by Rule 1 of the Federal Rules of Civil Procedure.”  That quote is from a Rule 1 Task Force Update, issued by the U.S. District Court in Kansas regarding efforts to create newly released guidelines for electronic data discovery.

This Rule 1 project was “spearheaded” by the court’s Bench-Bar Committee of three lawyers and two federal judges, working “in close consultation with two nationally recognized experts on the federal rules and a diverse assemblage of experienced and respected trial lawyers from throughout Kansas”.  There were six working groups formed to make recommendations in the following areas (nearly all of the recommendations were approved by the Bench-Bar Committee and in turn by the court):

  1. Overall civil case management;
  2. Discovery involving electronically stored information (ESI);
  3. Traditional non-ESI discovery;
  4. Dispositive-motion practice;
  5. Trial scheduling and procedures; and
  6. Professionalism and sanctions.

The guidelines promote limiting the scope of eDiscovery and resolving of discovery disputes without judicial intervention, stating “The failure of counsel or the parties in litigation to cooperate in facilitating and reasonably limiting discovery requests and responses increases litigation costs and contributes to the risk of sanctions.”  The guidelines also recommend native productions (over spending time or money to convert documents to PDF or TIFF format), production of documents with non-privileged metadata intact and appointment of an eDiscovery liaison who is both familiar with the party’s ESI systems and capabilities and eDiscovery knowledgeable to facilitate the process and participate in dispute resolution.

The Rule 1 Task Force documents include:

  • Initial Order Regarding Planning and Scheduling: Two page model order with fill-in-the-blank sections for customized info;
  • Rule 26(f) Report of Parties’ Planning Conference: Ten page model filing of a sample Rule 26(f) report;
  • Scheduling Order: Twelve page model scheduling order;
  • Pretrial Order: A one page Pretrial Order form, followed by a seven page pretrial order (8 pages total);
  • Guidelines for Cases Involving Electronically Stored Information (ESI): A ten page set of guidelines, followed by a two page appendix, containing a reprint of a 2008 article by Craig Ball (Ask and Answer the Right Questions in EDD) with 50(!) questions to ask your opponent;
  • Guidelines for Agreed Protective Orders (with pre-approved form order): Four pages of guidelines, followed by a one page instruction on use of the model form protective order and the thirteen page model order;
  • Summary Judgment Guidelines: Two page list of summary judgment guidelines;
  • Proposed Technical Amendments to Local Rules: Seven pages of local rules with amendments (including strikeouts of words and sentences) as appropriate.

Oddly enough, the task force documents are in imaged, but text-enabled (with OCR) PDF form.  It would be great if they could provide a fully electronic PDF form for the documents, even better if they could provide form enabled versions of the model orders.  Just sayin’.

So, what do you think?  How do the Kansas guidelines compare to those for your state?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Can You Figure Out How I Wrote this Blog Post? – eDiscovery Trends

I have to be honest, this blog post contains quite a bit of content from one of the early posts from this blog.  However, there is something different about this version of the content – it looks a bit unusual.  Can you figure out how I wrote it?  See if you can figure it out before you get to the bottom.  I promise I haven’t lost my mind.

Types of exceptions file

It’s important to note that efforts to quote fix quote these files will often change the files parentheses and the meta data associated with them parentheses, so it’s important to establish with opposing counsel what measures to address the exceptions are acceptable. Some files may not be recoverable and you need to agree up front how far to go to attempt to recover them.

  • Corrupted files colon files can become corrupted 4 a variety of reasons, from application failures 2 system crashes to computer viruses. I recently had a case where 40 percent of the collection what’s contained in to corrupt Outlook PST file dash fortunately, we were able to repair those files and recover the messages. If you have read Lee accessible backups of the files, try to restore them from backup. If not, you will need to try using a repair utility. Outlook comes with a utility called scan PST. Exe that scans and repairs PST and OST file, and there are utilities parenthesis including freeware utilities parenthesis available via the web foremost file types. If all else fails, you can hire a-data recovery expert, but that can get very expensive.
  • Password protected files colon most collections usually contain at least some password protected files. Files can require a password to enable them to be edited, or even just to view them. As the most popular publication format, PDF files are often password protected from editing, but they can still be feud 2 support review parenthesis though some search engines May fail to index them parenthesis. If a file is password protected, you can try to obtain the password from the custodian providing the file dash if the custodian is unavailable or unable to remember the password, you can try a password cracking application, which will run through a series of character combinations to attempt to find the password. Be patient, it takes time, and doesn’t always succeed.
  • Unsupported file types corn in most collections, there are some unusual file types that art supported by the review application, such as file for legacy or specialized applications parenthesis E. G. AutoCAD for engineering drawing parenthesis. You may not even initially no what type of files they are semi colon if not, you can find out based on file extension by looking the file extension up in file ext. If your review application can’t read the file, it also can’t index the files for searching or display them 4 review. If those file maybe responses 2 discovery requests, review them with the natives application to determine they’re relevancy.
  • No dash text file colon files with no searchable text aren’t really exceptions dash they have to be accounted for, but they won’t be retrieved in searches, so it’s important to make sure they don’t quote slip through the cracks unquote. It’s common to perform optical character recognition parenthesis Boosie are parenthesis on Tiff files and image only PDF files, because they are common document 4 minutes. Other types of no text files, such as pictures in JTAG or PNG format, are usually not oser, unless there is an expectation that they will have significant text.

Did you figure it out?  I “dictated” the above content using speech-to-text on my phone, a Samsung Galaxy 3.  I duplicated the formatting from the earlier post, but left the text the way that the phone “heard” it.  Some of the choices it made were interesting: it understands “period” and “comma” as punctuation, but not “colon”, “quote” or “parenthesis”.  Words like “viewed” became “feud”, “readily” became “read Lee” and “OCR” became “Boosie are”.  It also often either dropped or added an “s” to words that I spoke.

These days, more ESI is discoverable from sources that are non-formalized, including texts and “tweets”.  Acronyms and abbreviations (and frequent misspelling of words) is common in these data sources (whether typed or through bad dictation), which makes searching them for responsive information very challenging.  You need to get creative when searching these sources and use mechanisms such as conceptual clustering to group similar documents together, as well as stemming and fuzzy searching to find variations and misspellings of words.

Want to see the original version of the post?  Here it is.

So, what do you think?  How do you handle informal communications, like texts and “tweets”, in your searching of ESI?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.