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Allvision Gleneagles 2004 Electronic Data Discovery - Pragmatic Reality Andrew Haslam – Allvision Computing
Allvision US vs. UK – Strategic Analysis • Significant cultural and legal differences. • Can learn from the US and exploit the tools. • US = Tidal wave. • UK = Steadily rising flood. • “Don’t believe the hype, but do listen to the message. ”
Allvision EDD Basics • Disclosure is a historical “tail” that is increasingly electronic. • 90% of corporate documents exist electronically, 70% are never printed. • EDD and Forensics • Communication via email. • Technical inability is no defence. • Delete rarely does. • Volume, Volume. • Not just Disclosure. Employment/M&A/FOI.
Allvision EDD Process Overview • • • Collect Filter Process Review Then?
Allvision Key EDD Issues • Volume needs a fast production line process. • Electronic data does have significant plusses for searching and other tools. • Metadata. • Privilege/Trade Secret protection. • Challenging projects for Litigation Support staff.
Allvision Challenges and opportunities • A chance for IT to be part of the legal team. • Need to educate users and clients. • Now it’s a competitive edge, soon it will be an entry level requirement. • Legal Risk Management.
Allvision One year on and… • • • Debate (and some action) in the UK Review (and production) in native mode. Heightened awareness of metadata. Back-up and Resilience technologies need to be searchable. Understanding of key word search (but less agreement) Concept searching/AI tools for in-house use, no chance in Disclosure process.
Allvision The Threats • • • SPOLIATION. Volume and Complexity. “Friendly fire” from legal team. The “ostrich” approach. Preservation of Privilege (and Trade Secret). Technology hype.
Allvision IT Strategy and Tactics • Need levels of response with both in-house skills/tools and external partners. • Increase depth and breadth of project management skills. • “Tripwires” – – Print Room. Help Desk. PSL’s. In-house KM/Literature.
Allvision Strategy Matrix 100, 000 Review Word/Outlook/+? Manipulate 1, 000 Concordance/Summation, Ringtail, Intro. Spect. Review Analyse 1, 000 + In Manipulate Review Proprietary Review tools, Attenex, Autonomy, Dolphinsearch. Out
Allvision Partner Attributes • UK based data storage and processing, preferably linked to international capabilities. • Ability to cope with complex data volumes. • Dedicated project management and consultancy support. • Proven track record. Kroll Ontrack, Lexis Nexis, Millnet, n. Matrix, Trilantic.
Allvision In the next year……. . • EDD will happen to you. • Increased: – Exchange of electronic information. – Use of native mode. – On-line depositories. • Two tiered approach to EDD. • Ephemeral data will join the equation. • Legal debates on keywords, privilege cascades and concept searching. • Clients start looking for fixed fees from panel firms.
Allvision Questions? Andrew Haslam Andrew. [email protected] co. uk 07789 435080