Compressed Discovery from ONSITE3

Compressed Discovery

A monthly look at the electronic discovery arena from ONSITE³

In This Update

EDD Showcase: An Undercurrent of Fear

eView Webinar Series: Document Review

Sherlock Holmes in the Twenty-First Century

Techno Forensics 2007

Dear Eric,

This Compressed Discovery update includes a recent article providing a look at the current trends in eDiscovery as well as an article regarding the role of Computer Forensics in eDiscovery.

An introduction is provided to a new eView Webinar Series. With registration now open, this collection of free webinar episodes will be hosted by ONSITE³ on various issues relating to document review.

This edition of our newsletter also includes a number of web resources and news about industry events that may be of particular interest from an eDiscovery perspective.

We hope you enjoy this issue of our Compressed Discovery monthly newsletter.

EDD Showcase: An Undercurrent of Fear | LTN

Cover story from the October 2007 issue of Law Technology News.

There's no question about it, electronic data discovery is generating huge revenues for vendors and gigantic headaches for corporations and their lawyers. There's outright fear and confusion as everybody struggles to understand - and corral - this critical litigation technology.

When LTN first introduced our EDD Showcases in 2002, we scoured the web and came up with 55 vendors. Just five years later, there are more than 600 providers. And the money is breathtaking: The 2007 Socha/Gelbmann EDD Survey, released in August, pronounced that EDD is now a $2 billion business - that will double by 2009.

So what's fueling this juggernaut? For starters, four main drivers:

1. The volume of electronic data created by businesses and law firms.

2. Ostrich Day: On December 1, 2006, EDD amendments to the Federal Rules of Civil Procedure went into effect. Practitioners can no longer keep their heads in the sand, and judges are getting savvy, fast.

3. Huge sanctions for EDD mischief, in landmark cases, including:

· Zubulake v. UBS Warburg LLC, 2003 U.S. Dist. Lexis 18771 (S.D.N.Y.Oct. 22, 2003).

· Coleman (Parent) Holdings Inc. v. Morgan Stanley & Co. Inc., 2005 W.L. 679071 (Fla. Cir. Ct. March 1, 2005).

· Qualcomm Inc. v. Broadcom Corp., Case No. 05CV1958-B(BLM), U.S. District Court, Southern District of California.

4. Compliance and regulations: The post-Enron proliferation of government regulations (Sarbanes- Oxley Act et al.) has changed the way corporations process electronic data.

Of course, a core reason for the explosion of EDD is the sheer volume of data. "Only about .01 percent of all information created today begins on paper," observes litigator/consultant Craig Ball,* LTN's EDD columnist. "Evidence is digital."

For the complete article, click here.

To learn how your organization can become Discovery Ready, click here.

Registration Open for eView Webinar Series | ONSITE³

Collection of FREE 1-hour Webinar Topics on Document Review.

ONSITE³'s eView Webinar Series provides in-depth information about the various features and functions within the eView application. Each episode places specific emphasis on how eView can improve the review process for our clients. Presenters include ONSITE³ authorized Training Specialists for the eView platform.

For details on registration, click here.

Episode 1: Streamlining Workflow Process & Review

Why should a critical case exhaust your team or break your budget? eView services from ONSITE³ utilize an advanced workflow process and methodology designed to help you coordinate people, documents and technology into an effective and collaborative system for document review. Because you can also customize the application for your review processes, you can streamline each user's workflow in order to maximize speed and efficiency while also minimizing cost and burden. In this episode, attendees will also have the opportunity to see a live demonstration of eView's workflow capabilities for improving document review projects.

Episode 2: Empowering Clients with Self-Administration

Looking for better control over your document review project? ONSITE3's eView platform allows you to perform most administrative functions yourself, including creation of users, assigning permissions, creating tags and conflict rules, and other important capabilities without having to wait for a vendor to perform critical tasks. While you can optionally request assistance for those functions you don't want to control, eView empowers you like no other application to track and manage your eDiscovery review projects the way you want to. In this episode, attendees will also have the opportunity to see a live demonstration of eView's administrative capabilities.

Episode 3: Maximizing the Power of Search

Would you like to reduce the time spent reviewing non-responsive, irrelevant, and privileged documents? ONSITE3's eView platform offers the ability to create simple and advanced queries, including Boolean or natural language searches, that can help you find the proverbial needle in the hay stack. Other search options, such as word stemming, relevance, or fuzzy, can also be defined by the user with the added ability to narrow the search even further to a specific folder or tag. In this episode, attendees will have the opportunity to see a live demonstration of eView's extensive search capabilities.

For more information or to register for any of these upcoming webinars, click here.

Sherlock Holmes in the Twenty-First Century: Definitions and Limits of Computer Forensics, Forensic Copies and Forensic Examinations | eDiscovery Team

If Sherlock Holmes were alive today, he would surely be a master of computer forensics. Just as he sometimes used his chemistry set in the 19th Century to analyze clues, today he would use forensic software to examine digital devices. Holmes would know how to make forensic copies of computers, i-phones, thumb-drives and other ESI storage devices, and also know when not to waste his time doing so. No doubt Dr. Watson would be amazed at what evidence he would sometimes uncover. The forensic examination of computers is an important tool in twenty-first century detective work, but it is no panacea. Sherlock Holmes of all people would know that it is not a substitute for clear thinking and rational deductions, and is not appropriate in every case.

Lots of trial lawyers do not really understand computer forensics, and are prone to think that a full scale forensic examination of all computers is needed in every case. They want their tech-guys to make "forensic copies," work their mumbo-jumbo on each, and like Sherlock Holmes, come up with an amazing and unexpected clue that solves the case. Sometimes this fantasy comes true, but only rarely. The attempt to search every bit and byte of every computer, including the deleted files and slack space, is expensive. Most experts agree that this kind of "deep dive" forensic examination work should be done sparingly, and is not needed in most e-discovery cases. Even when a special case suggests it may be needed, such forensic exams rarely produce the killer email that wins the day. The lawyer who uses this kind of full scale forensics approach in every case is setting himself up for major disappointments and wasting his client's money.

To read the complete story, click here.

To learn about eForensics and eDiscovery services from ONSITE³, click here.

Techno Forensics 2007 | TheTrainingCo.

ONSITE³ Provides Charter Sponsorship for Rapidly Growing Industry Event

Techno Forensics 2007 is hosted by the Institute of Computer Forensics Professionals (ICFP), Maryland InfraGard, the University of Fairfax, and the National Institute of Standards and Technology (NIST). The conference is founded on the principles of standardization in the field of digital evidence investigation. The conference will cover many of the general disciplines in the areas of digital evidence investigation to include some of the latest information on software and hardware solutions.

Unlike other forensic conferences that are limited to law enforcement only or are vendor specific in nature, this conference will be open to everyone currently involved in computer forensics, digital evidence, or anyone having an interest in these rapidly growing fields.

Conference agenda topics will cover a range of the digital disciplines which include: Fundamentals of acquisitions, Terabyte storage and preparing for it, Building a forensics lab, fly away kits, black bag forensics, e-discovery and special instructor lead focused classes on Basics of FAT, NTFS, Macintosh, and Linux file systems and dealing with their data. Other areas covered are intrusion detection, network level forensics, and cellular, handheld, and wireless forensics. Digital law and evidence handing will also be covered in break out sessions.

As the 3rd annual Techno Forensics Conference, the event is being held at the NIST headquarters in Gaithersburg, Maryland on October 29 - 31, 2007. Participants will include some of the top practitioners in the fields of E-Discovery and Digital Forensics from 40 different countries around the world -- and for those that hold a CISSP or a CISA certification, this conference will also provide credit for 20 CEU hours.

In early 2006, the conference was added to the GSA schedule which has provided an economical and simple means of registering for federal government attendees. ONSITE³'s own Karen Schuler and Chris Jurkiewicz will be speaking at this event on the topic of Managing E-Discovery Risks at the Enterprise Level. This speaking engagement will take place on Wed. Oct. 31st, Track 3, from 11:00 AM - 12:00 PM.

Ms. Schuler, who recently co-authored TechnoSecurity's Guide to E-Discovery and Digital Forensics: A Comprehensive Handbook, will also be signing copies of her new book during the event.

To learn more about the Techno Forensics Conference, click here.

To learn more about Forensic services from ONSITE³, click here.

Cast Your Vote In The 2008 Law Technology News Awards

ONSITE³'s eView Review Platform has been nominated for Product of the Year.

Have an opinion about eDiscovery products and services? Law Technology News subscribers can vote online now for the 2008 LTN vendor awards before the October 31, 2007 deadline. Finalists will be announced November 16th, with winners being announced during the LegalTech New York event in February 2008. You will need to provide your subscriber id found on the front of your copy of Law Technology News.

Interested in casting your vote? Click here and then select to "cast your vote".

To learn more about eView from ONSITE³, click here.

Overcoming The Challenges Of E-Discovery - Gartner Webcast

Developed in conjunction with Gartner Research and Debra Logan (VP of Research for Gartner), the following 20+ minute online presentation provides a general overview of the challenges of electronic discovery as positioned by an industry leading analyst (Ms. Logan). Karen Schuler (VP of Consulting for ONSITE³) concludes with a discussion of how ONSITE³ can help you to address these challenges with our portfolio of eForensics, eDiscovery, eReview and Consulting offerings.

To view this webcast, click here.