eDiscovery Daily Blog

• September 30, 2010

Yesterday, we talked about the use of First Pass Review (FPR) applications (such as FirstPass™, powered by Venio FPR™) to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. One way to analyze that data is through “fuzzy” searching to find misspellings or OCR errors in an opponent’s produced ESI.

Domain Categorization

Another type of analysis is the use of domain categorization. Email is generally the biggest component of most ESI collections and each participant in an email communication belongs to a domain associated with the email server that manages their email.

FirstPass supports domain categorization by providing a list of domains associated with the ESI collection being reviewed, with a count for each domain that appears in emails in the collection. Domain categorization provides several benefits when reviewing your opponent’s ESI:

• Non-Responsive Produced ESI: Domains in the list that are obviously non-responsive to the case can be quickly identified and all messages associated with those domains can be “group-tagged” as non-responsive. If a significant percentage of files are identified as non-responsive, that may be a sign that your opponent is trying to “bury you with paper” (albeit electronic).
• Inadvertent Disclosures: If there are any emails associated with outside counsel’s domain, they could be inadvertent disclosures of attorney work product or attorney-client privileged communications. If so, you can then address those according to the agreed-upon process for handling inadvertent disclosures and clawback of same.
• Issue Identification: Messages associated with certain parties might be related to specific issues (e.g., an alleged design flaw of a specific subcontractor’s product), so domain categorization can isolate those messages more quickly.

In summary, there are several ways to use first pass review tools, like FirstPass, for reviewing your opponent’s ESI production, including: email analytics, synonym searching, fuzzy searching and domain categorization. First pass review isn’t just for your own production; it’s also an effective process to quickly evaluate your opponent’s production.

So, what do you think? Have you used first pass review tools to assess an opponent’s produced ESI? Please share any comments you might have or if you’d like to know more about a particular topic.