<i>Case Study</i> Solomon Ward Cuts through the Noise with AccessData Technology

Until we acquired AccessData's e-discovery technology, Summation Pro, in May 2012, we used a combination of “best of breed” tools to address e-discovery. For processing, we used AccessData legacy product Discovery Cracker and, for review and production, Summation iBlaze. Like most firms, we found that a lot of our time was spent transferring data between these two platforms.

Senior litigation paralegal and litigation support analyst, Laney Schatz, manages our firm's e-discovery workflow. She knew that we needed a faster and more efficient solution to cut through the huge amounts of data that were, in her words, “just noise.” Despite her experience with a number of competing e-discovery tools, Schatz was intrigued by AccessData's promise of a new Web-based product that could handle the workflow from processing to production.

We agreed to sign on for the initial release of Summation Pro and, in many ways, were alpha testers. We worked closely with AccessData to accomplish the early install. During those early weeks, our team was in regular contact with AccessData and provided it with a steady stream of feedback and feature requests ranging from requests for additional filtering capabilities to assistance with implementation of our new workflow.

Evolution of the Workflow

We don't consider our e-discovery practice a profit center, so we have not kept statistics to demonstrate exactly how much we have saved. However, we know that by utilizing the platform's ECA tools, its predictive coding engine and its filters, we can now easily and defensibly cull irrelevant data prior to human review. By reducing the amount of documents that we have to review at the beginning of discovery, we can move quickly to target those documents most likely to reveal relevant information. This allows us to respond quickly to discovery requests and to begin building our case with fewer billable hours, leading our clients to the settlement table in less time, saving them time and money.

In addition, once those documents reach the human review stage, Summation Pro continues to assist us with e-mail clustering tools, near duplicate identification, fuzzy searching and an array of pre-populated review filters. Schatz uses the visual analytic tools to analyze social relationships, file-type distributions across the universe and patterns of e-mail activity. These tools function like mind maps on the data, creating graphical representations that guide her review strategy. By revealing anomalies and unexpected connections, the tools help her target potential hot spots in the collection. She then assigns these documents a high priority for further review.

Early Stage Processing, Review and Production

Recently, a client handed us almost a terabyte of data on 14 hard drives produced by 14 custodians. All of the drives contained PSTs, documents, and innumerable file types. We had to import, review and process that data into rolling productions for opposing counsel prior to the imminent start of depositions. Using Summation Pro, we were able to import the data in its native format and to begin reviewing it without having to export and then reload the data into a separate review tool. The entire process took only 18 hours when our previous method would have taken at least a week. This saved a tremendous amount of time and allowed us to begin filtering and screening the data, using facets, and excluding unwanted file extensions and irrelevant domain names.

Visual Analytics Lead to Targeted Discoveries

In several other cases since our install, Summation's analysis tools have led us to relevant information much faster than our previous methods would have. For instance, with Summation's e-mail visualization tools you can choose from a variety of graphical formats to construct a timeline that illustrates relationships within your collected e-mails based on metadata. We can easily identify the frequency of communication between two parties over a range of time and zoom in on a range where the frequency increased. This allows us to return to the document list and focus on only the messages in that period.

Moving Forward

After fully implementing Summation Pro, we decided to deepen our forensic analysis and to add mobile device review capabilities. We brought in two more AccessData products: Mobile Phone Examiner+ (MPE+) and Forensic Toolkit (FTK). MPE+, which we began using in March 2013, collects evidence found on more than 7,000 models of smartphones and tablets and supports the review of extracted data either within MPE+ or alongside other case data within Summation. Because mobile devices are an incredibly rich, but often overlooked, source of electronic evidence, our ability to offer this service differentiates us from other firms.

FTK, AccessData's flagship forensic analysis tool, is the processing core that powers Summation and MPE+. It reviews every corner of a memory device and uncovers deleted files, cracks passwords and identifies duplicates. Like Summation and MPE+, it is quite intuitive, and our firm's familiarity with Summation lowered our learning curve. We use it as a supplement to our review process, to examine the authenticity of opposing productions and to reclaim previously unreachable data from our clients' machines.

Conclusion

Our adoption of these tools has streamlined our workflow. With Summation Pro, MPE+ and FTK, we can perform thorough collection, processing and advanced analysis without exporting and reimporting data at each step. Because each application utilizes the same database, we are able to maintain forensic integrity and reduce risk. In parallel, we have significantly accelerated the delivery of data to our attorneys and cost savings to our clients. Finally, and perhaps most important, with AccessData cutting through the irrelevant “noise” that used to demand our time and attention, our attorneys and paralegals are free to focus on substantive issues as they pursue the next evidentiary breakthrough.

William N. Kammer is the partner in charge of e-discovery practice at Solomon, Ward, Seidenwurm & Smith, LLP. He has handled matters ranging from basic negligence and contract cases to a present practice that concentrates on complex business, real estate and technology cases with an emphasis on class actions and unfair competition matters.

San Diego's Solomon Ward Seidenwurm & Smith, LLP provides legal services to a diverse business clientele. We handle massive cases by utilizing technology when appropriate.

Using AccessData's interoperable e-discovery, mobile device discovery and forensic analysis applications, we collect from nearly any data source and cull case data for highly targeted review. This platform addresses all phases of the e-discovery life cycle and with these tools in place, we offer effective and expedient e-discovery services to our clients while passing the resultant cost savings on to them.

A Business Problem and a Technology Solution

Until we acquired AccessData's e-discovery technology, Summation Pro, in May 2012, we used a combination of “best of breed” tools to address e-discovery. For processing, we used AccessData legacy product Discovery Cracker and, for review and production, Summation iBlaze. Like most firms, we found that a lot of our time was spent transferring data between these two platforms.

Senior litigation paralegal and litigation support analyst, Laney Schatz, manages our firm's e-discovery workflow. She knew that we needed a faster and more efficient solution to cut through the huge amounts of data that were, in her words, “just noise.” Despite her experience with a number of competing e-discovery tools, Schatz was intrigued by AccessData's promise of a new Web-based product that could handle the workflow from processing to production.

We agreed to sign on for the initial release of Summation Pro and, in many ways, were alpha testers. We worked closely with AccessData to accomplish the early install. During those early weeks, our team was in regular contact with AccessData and provided it with a steady stream of feedback and feature requests ranging from requests for additional filtering capabilities to assistance with implementation of our new workflow.

Evolution of the Workflow

We don't consider our e-discovery practice a profit center, so we have not kept statistics to demonstrate exactly how much we have saved. However, we know that by utilizing the platform's ECA tools, its predictive coding engine and its filters, we can now easily and defensibly cull irrelevant data prior to human review. By reducing the amount of documents that we have to review at the beginning of discovery, we can move quickly to target those documents most likely to reveal relevant information. This allows us to respond quickly to discovery requests and to begin building our case with fewer billable hours, leading our clients to the settlement table in less time, saving them time and money.

In addition, once those documents reach the human review stage, Summation Pro continues to assist us with e-mail clustering tools, near duplicate identification, fuzzy searching and an array of pre-populated review filters. Schatz uses the visual analytic tools to analyze social relationships, file-type distributions across the universe and patterns of e-mail activity. These tools function like mind maps on the data, creating graphical representations that guide her review strategy. By revealing anomalies and unexpected connections, the tools help her target potential hot spots in the collection. She then assigns these documents a high priority for further review.

Early Stage Processing, Review and Production

Recently, a client handed us almost a terabyte of data on 14 hard drives produced by 14 custodians. All of the drives contained PSTs, documents, and innumerable file types. We had to import, review and process that data into rolling productions for opposing counsel prior to the imminent start of depositions. Using Summation Pro, we were able to import the data in its native format and to begin reviewing it without having to export and then reload the data into a separate review tool. The entire process took only 18 hours when our previous method would have taken at least a week. This saved a tremendous amount of time and allowed us to begin filtering and screening the data, using facets, and excluding unwanted file extensions and irrelevant domain names.

Visual Analytics Lead to Targeted Discoveries

In several other cases since our install, Summation's analysis tools have led us to relevant information much faster than our previous methods would have. For instance, with Summation's e-mail visualization tools you can choose from a variety of graphical formats to construct a timeline that illustrates relationships within your collected e-mails based on metadata. We can easily identify the frequency of communication between two parties over a range of time and zoom in on a range where the frequency increased. This allows us to return to the document list and focus on only the messages in that period.

Moving Forward

After fully implementing Summation Pro, we decided to deepen our forensic analysis and to add mobile device review capabilities. We brought in two more AccessData products: Mobile Phone Examiner+ (MPE+) and Forensic Toolkit (FTK). MPE+, which we began using in March 2013, collects evidence found on more than 7,000 models of smartphones and tablets and supports the review of extracted data either within MPE+ or alongside other case data within Summation. Because mobile devices are an incredibly rich, but often overlooked, source of electronic evidence, our ability to offer this service differentiates us from other firms.

FTK, AccessData's flagship forensic analysis tool, is the processing core that powers Summation and MPE+. It reviews every corner of a memory device and uncovers deleted files, cracks passwords and identifies duplicates. Like Summation and MPE+, it is quite intuitive, and our firm's familiarity with Summation lowered our learning curve. We use it as a supplement to our review process, to examine the authenticity of opposing productions and to reclaim previously unreachable data from our clients' machines.

Conclusion

Our adoption of these tools has streamlined our workflow. With Summation Pro, MPE+ and FTK, we can perform thorough collection, processing and advanced analysis without exporting and reimporting data at each step. Because each application utilizes the same database, we are able to maintain forensic integrity and reduce risk. In parallel, we have significantly accelerated the delivery of data to our attorneys and cost savings to our clients. Finally, and perhaps most important, with AccessData cutting through the irrelevant “noise” that used to demand our time and attention, our attorneys and paralegals are free to focus on substantive issues as they pursue the next evidentiary breakthrough.

William N. Kammer is the partner in charge of e-discovery practice at Solomon, Ward, Seidenwurm & Smith, LLP. He has handled matters ranging from basic negligence and contract cases to a present practice that concentrates on complex business, real estate and technology cases with an emphasis on class actions and unfair competition matters.