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e-Discovery Tools and Choices
Electronic discovery software is on the move. Programs are improving, new players have been entering the market and consolidation is rampant.
A Better Selection of Tools
For those in need of tools to work with electronically stored information (ESI) ” as electronic data is referred to in the revised Federal Rules of Civil Procedure ” the options have never been better.
Let's step through some of the options, grouped by how they tie to the stages of the electronic discovery process (see the graphic below).
[IMGCAP(1)]
Identification, Preservation And Collection
At the identification stage of the electronic discovery process, the main objective is to determine the scope, breadth and depth of ESI that one should pursue during discovery. The preservation stage is where one acts to ensure that ESI is protected from destruction or alternation, and at the collection stage the goal is to gather ESI from identified sources so that it can be worked with at the next stages of the process.
Some of the better-known tools for the identification, preservation and collection stages include AccessData's Forensic Took Kit (FTK), Guidance Software's Encase Forensic and Encase Enterprise, and Paraben's E-mail Examiner. While all four tools fall into a common category ' computer forensics software ' each has its particular focus. FTK and Encase Forensic are designed primarily to be used by computer forensics investigators who need to make forensically correct, bit by bit copies of computer hard drives. Encase Enterprise is designed to allow the same type of collection but at an enterprise level ' pulling data off a network, not just an individual machine. E-mail Examiner is aimed, as the name suggests, at the collection of e-mail.
These and similar tools are useful for identification in that they allow users to preview data ' looking at it before making a decision about whether to preserve and/or collect the data. Using these tools in this fashion allows one to get a better sense of the parameters of the ESI one needs to contend with; one can start to learn more about how much data there is, what types of data are present, who the data is from and who or what the data is about.
Processing, Review, Analysis and Production
Following identification, preservation and collection come the processing, review and analysis stages and, after those, production.
Processing Tools
Processing has two major components: reduction, usually through a combination of approaches including de-duplication and culling by a variety of factors such as author, data, timeframe, content, context, file type, and hash value; and conversion to a more readily useable format, often TIFF, PDF, HMTL or SGML.
Some of the more widely known and used processing tools are Pacific Legal's Discover-e, Doculex's Discovery Cracker , IPRO Tech's EScan-IT , Extractiva's Hard Copy Plus and Image Capture Engineering's Z-Print.
A typical use of these tools is to start with a PST (a portable store file, where Microsoft Outlook e-mail messages and related materials can be kept), convert the messages and their attachments to TIFF (tagged image file format) files, extract some or all of the metadata, and extract as much of the full text as is available. This information then can be put into a load file for delivery to review and analysis tools.
Review Tools
At the review stage, one generally is trying to determine two things about a computer file. The first question is, is the file relevant? Is there something about the file that is sufficiently related to the dispute that it ought to be turned over to opposing counsel? The second question is, does the file contain privileged or confidential information such that all or a portion of the file should be withheld from production? Review is ' or at least should be ' conducted either by attorneys working on the matter or others working at the direction and under the supervision of those attorneys. As a practical matter, for electronic discovery projects of a certain size, the reviewers generally fall into three groups: law firm personnel, mostly associates, sometimes junior partners, and sometimes paralegals and other support personnel; contract personnel, usually attorneys, hired by the law firm or sometimes by the client; and, in small but growing numbers, personnel provided by vendors offering turn-key review services.
Among the more prominent software tools used for review are Dataflight Software's Concordance (recently acquired by LexisNexis), CT Summation, iCONECT Development's iCONECTnxt, ZANTAZ's Introspect and FTI Consulting's Ringtails.
Analysis Tools
Analytical tools allow users to evaluate the ESI's content and context. Creative users of these tools can identify larger patterns in their data, discern trends that would not be noticeable if one looked only at individual files, and test the various hypotheses that lawyers need to construct and destroy as the work up their cases. One might, for example, employ an analytical tool to identify key concepts in an initial set of data, distill a set of key words from those concepts, and use those key words to locate files containing potentially relevant data.
Analytical tools can be used at every stage of the electronic discovery process, from the initial efforts to identify potential sources of ESI all the way though the trial of the case.
Three analytical tools aimed specifically at the litigation market are Attenex, CaseSoft's Case-Map (also recently ac-quired by LexisNexis) and MetaLINCS. Also of interest is Autonomy's Aungate suite of products.
New Tools, New Versions and New Acquisitions
In the past few years we have seen major changes in ownership, with larger organizations gobbling up the smaller ones. Here are some of the more prominent examples:
- CaseSoft (CaseMap) acquired by LexisNexis;
- Dataflight Software (Concordance) acquired by LexisNexis;
- Ringtail acquired by FTI Consulting;
- Steelpoint Technologies (Introspect) acquired by ZANTAZ; and
- Summation Legal Technologies (Summation) acquired by Wolters Kluwer.
In recent years we also have seen the introduction of some new products, such as MetaLINCS, EScanIT and Encase Enterprise, mentioned above, as well as enhancements of existing products. Attenex has added new views on data, for example, and a number of products have added the ability to work with native files, not just with TIFF or PDF images of the files.
George J. Socha, Jr. is the founder of Socha Consulting LLC, offering services as an electronic discovery special master, expert witness, and adviser to law firms and their clients, corporations and other organizations, and legal vertical market software and service providers. A member of our Board of Editors, Socha can be reached at 651-690-1739 or [email protected].
Electronic discovery software is on the move. Programs are improving, new players have been entering the market and consolidation is rampant.
A Better Selection of Tools
For those in need of tools to work with electronically stored information (ESI) ” as electronic data is referred to in the revised Federal Rules of Civil Procedure ” the options have never been better.
Let's step through some of the options, grouped by how they tie to the stages of the electronic discovery process (see the graphic below).
[IMGCAP(1)]
Identification, Preservation And Collection
At the identification stage of the electronic discovery process, the main objective is to determine the scope, breadth and depth of ESI that one should pursue during discovery. The preservation stage is where one acts to ensure that ESI is protected from destruction or alternation, and at the collection stage the goal is to gather ESI from identified sources so that it can be worked with at the next stages of the process.
Some of the better-known tools for the identification, preservation and collection stages include AccessData's Forensic Took Kit (FTK), Guidance Software's Encase Forensic and Encase Enterprise, and Paraben's E-mail Examiner. While all four tools fall into a common category ' computer forensics software ' each has its particular focus. FTK and Encase Forensic are designed primarily to be used by computer forensics investigators who need to make forensically correct, bit by bit copies of computer hard drives. Encase Enterprise is designed to allow the same type of collection but at an enterprise level ' pulling data off a network, not just an individual machine. E-mail Examiner is aimed, as the name suggests, at the collection of e-mail.
These and similar tools are useful for identification in that they allow users to preview data ' looking at it before making a decision about whether to preserve and/or collect the data. Using these tools in this fashion allows one to get a better sense of the parameters of the ESI one needs to contend with; one can start to learn more about how much data there is, what types of data are present, who the data is from and who or what the data is about.
Processing, Review, Analysis and Production
Following identification, preservation and collection come the processing, review and analysis stages and, after those, production.
Processing Tools
Processing has two major components: reduction, usually through a combination of approaches including de-duplication and culling by a variety of factors such as author, data, timeframe, content, context, file type, and hash value; and conversion to a more readily useable format, often TIFF, PDF, HMTL or SGML.
Some of the more widely known and used processing tools are Pacific Legal's Discover-e, Doculex's Discovery Cracker , IPRO Tech's EScan-IT , Extractiva's Hard Copy Plus and Image Capture Engineering's Z-Print.
A typical use of these tools is to start with a PST (a portable store file, where
Review Tools
At the review stage, one generally is trying to determine two things about a computer file. The first question is, is the file relevant? Is there something about the file that is sufficiently related to the dispute that it ought to be turned over to opposing counsel? The second question is, does the file contain privileged or confidential information such that all or a portion of the file should be withheld from production? Review is ' or at least should be ' conducted either by attorneys working on the matter or others working at the direction and under the supervision of those attorneys. As a practical matter, for electronic discovery projects of a certain size, the reviewers generally fall into three groups: law firm personnel, mostly associates, sometimes junior partners, and sometimes paralegals and other support personnel; contract personnel, usually attorneys, hired by the law firm or sometimes by the client; and, in small but growing numbers, personnel provided by vendors offering turn-key review services.
Among the more prominent software tools used for review are Dataflight Software's Concordance (recently acquired by
Analysis Tools
Analytical tools allow users to evaluate the ESI's content and context. Creative users of these tools can identify larger patterns in their data, discern trends that would not be noticeable if one looked only at individual files, and test the various hypotheses that lawyers need to construct and destroy as the work up their cases. One might, for example, employ an analytical tool to identify key concepts in an initial set of data, distill a set of key words from those concepts, and use those key words to locate files containing potentially relevant data.
Analytical tools can be used at every stage of the electronic discovery process, from the initial efforts to identify potential sources of ESI all the way though the trial of the case.
Three analytical tools aimed specifically at the litigation market are Attenex, CaseSoft's Case-Map (also recently ac-quired by
New Tools, New Versions and New Acquisitions
In the past few years we have seen major changes in ownership, with larger organizations gobbling up the smaller ones. Here are some of the more prominent examples:
- CaseSoft (CaseMap) acquired by
- Dataflight Software (Concordance) acquired by
- Ringtail acquired by
- Steelpoint Technologies (Introspect) acquired by ZANTAZ; and
- Summation Legal Technologies (Summation) acquired by Wolters Kluwer.
In recent years we also have seen the introduction of some new products, such as MetaLINCS, EScanIT and Encase Enterprise, mentioned above, as well as enhancements of existing products. Attenex has added new views on data, for example, and a number of products have added the ability to work with native files, not just with TIFF or PDF images of the files.
George J. Socha, Jr. is the founder of Socha Consulting LLC, offering services as an electronic discovery special master, expert witness, and adviser to law firms and their clients, corporations and other organizations, and legal vertical market software and service providers. A member of our Board of Editors, Socha can be reached at 651-690-1739 or [email protected].
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