1. Visual Evidence / E-Discovery LLC Visual Evidence / E-Discovery LLC 60th Annual Meeting of the Ohio Regional Association of Law Libraries E-Discovery & Trial Demonstrative Presentation Presented by John Winkler Visual Evidence / E-Discovery LLC 1382 West Ninth Street, Cleveland, OH 44113 Direct: 216.407.3939 – Headquarters: 216.241.3443 jwinkler@vevidence.comjwinkler@vevidence.com – www.vevidence.com jwinkler@vevidence.com

2. What is Electronic Discovery?  Electronic Discovery: Identifying, preserving, collecting and producing Electronically Stored Information (ESI) in response to a discovery request or “reasonable anticipation of litigation. May also be conducted in response to or in furtherance of an investigation (external/internal), compliance requirement or subpoena request.

3. Sample Case to Think About  Case Scenario:  Employee Jane Jones is a regional manager for ABC Medical. Jane leaves ABC Medical for employment with new competitor XYZ Medical.  Alleged: Jane Jones has violated her non-compete and also has taken ABC Medical corporate documents to XYZ Medical.  These documents were taken, forwarded by e-mail and removed on a USB drive

4. Sample Case  Documents include client contacts, proposal worksheets, contracts and company financials. XYZ has recently won several contracts with prior ABC Medical clients since Jane joined them.

5. Another Sample Case  John Smith sues former employer, 123 Corp. for wrongful termination / Age Discrimination  123 Corp denies discrimination  Mr. Smith has copy of damaging e-mail

6. Preliminary Steps for Arriving at a Cost- Effective Solution: “IDEA” 1. Identify where is the ESI stored/sources 2. Determine how much data/ESI is to be collected 3. Establish best methods for collection 4. Analyze resources/methods for review and/or production

7. Step 1: Identifying Sources of ESI:  Laptop/desktop computer  Professional/personal  Company or home network servers  Data, email, application, archive, voice mail and message systems  External storage  Backup tapes, Redundant off-site system  External storage devices  External hard drives, Floppy drives, CD’s, DVD’s, USB flash drive  Portable devices  PDA, Cell phone, Blackberry, Voice recorders, Game systems (Play Stations, Xbox, etc.)

8. Step 2: Defining the Amount ESI to be Collected:  Typical PC 80-120 GB  1 GB = 35,000 typed pages  Usually 25% is captured after de-duplication & system file removal (20GB x 35,000=700,000 pages)  Typical Company Server 300 GB to 1 Terabyte  10,500,000- 500,500,000 typed pages  Usually higher percentage of retrieved files  CD Rom (650 megabytes) = 325,000 typed pages  Large corporation backup tapes (1 terabyte)  In 2006, 135 billion email sent daily  Company with 100 employees send/receive 50 e-mail daily (understated) =over 1.2 million per year.  Large Company e-mail = 300 million monthly

9. Step 3: Determining Methods to Harvest ESI  Custodian Control  Low cost, high risk spoliation and lost data, business interruption, potential sanctions  Copying of hard drives/files/network Paths  Low cost, lost or disturbed metadata, no deleted data, minimal business interruption, potential sanctions  Forensic imaging of hard drives/servers  Minimal cost, litigation defensible, active/deleted data, business interruption  Network Harvesting  Low cost, no business interruption, large data collection, litigation defensible, active data  Back-up Tape Restoration  High Cost

10. Step 4: Determining Methods to Review ESI:  Paper  Costly, no metadata, time consuming review, limited by data amount  TIFF/PDF  Costly, no metadata, limited search ability, tedious review, limited by data amount  Summation/Concordance load files  Metadata, searchable, can code, review limited to seat license and terminal, limited by data amount  DVD/CD  Metadata, review limited to terminal and Microsoft tools, limited by data amount  Web-enabled Review  Metadata, full search and coding capabilities, web- secure 24/7 service, unlimited data amount

11. Preliminary Questions before Determining Best Methodology for Collection and Review:  Document/e-mail retention programs  Hard ware & soft ware age  Individual custodian rights  IT mapping/potential sources  Back-up tape rotation and configuration  Client IT capabilities  Client resources (financial/personnel)  Firm resources (personnel/software & hardware) Industry data now suggests that 80% of Industry data now suggests that 80% of e-discovery costs are associated with review and production!

12. Back to Our Sample Case……  Case Scenario:  Employee Jane Jones is a regional manager for ABC Medical. Jane leaves ABC Medical for employment with new competitor XYZ Medical.  Alleged: Jane Jones has violated her non-compete and also has taken ABC Medical corporate documents to XYZ Medical.  These documents were taken,forwarded by e-mail and removed on a USB drive

13. Discovery Steps  Step 1. Image and restore the computers (2) used by Jane at ABC corporation. Investigation proves that Jane emailed documents to her home computer and to an XYZ email address. Jane also attached a USB drive to her computer several times the last week of employment.

14. Discovery Steps  Step 2. Request that Jane Smith image and make her home computer or computers available for forensic review  Step 3. Request that XYZ Medical produce any and all documents that were received by Jane Smith that are copies of or were derived from those documents that were originally ABC Medical property. In the production note the exact location of the documents in question  Destroy all documents once discovered

15. Methods & Costs  ABC Medical Costs  Image, restore, and locate documents on ABC Medical computers  2 computers at $2,500 each  Total ABC Medical Cost $5,000

16. Methods & Costs  XYZ Medical Costs  Image, restore and locate documents on Jane Smith’s home system  1 computer at $2,500  Image, restore and locate documents on Jane Smith’s XYZ computers  2 computers at $2,500 each  Review of e-mail and data servers to locate any additional documents  Network harvesting using exact match keywords in combination

17. Methods & Costs  Review of e-mail and data servers to locate any additional documents  Network harvesting using exact match keywords in combination.  3 servers, 750 GB searched $21,000  Permanent deletion of found files  83 files found  12 hours @ 250 per hour $3,000  Total XYZ Medical Costs$31,500

18. Sample Case #2  John Smith sues former employer, 123 Corp. for wrongful termination / Age Discrimination  123 Corp denies discrimination  Mr. Smith has copy of damaging e-mail

19. Visual Evidence / E-Discovery LLC THANK YOU THANK YOU Presented by John Winkler Visual Evidence / E-Discovery LLC 1382 West Ninth Street, Cleveland, OH 44113 Direct: 216.407.3939 – Headquarters: 216.241.3443 jwinkler@vevidence.comjwinkler@vevidence.com – www.vevidence.com jwinkler@vevidence.com