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Sample eDiscovery Tools

PRIVILEGED & CONFIDENTIAL
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Planning (Overview)
Sample eDiscovery Tools
Planning (Overview)
Steps To Consider Include:
1
Define the ediscovery project to include several Phases and identify the anticipated tasks to be included in each phase.
2
The ediscovery literature includes many recommended tasks although there is no one-size-fits-all list of ediscovery project tasks.
3
For each task, consider the team members who may be involved, estimated hours to be billed for each task, target deadlines, and any firm deadlines.
4
For large, complex ediscovery projects consider use of project management software to document and track progress against each task.
5
For many ediscovery projects, basic spreadsheet documents may provide effective, easy to maintain project management documentation.

Court

Opposing Counsel

Client Other Personnel

Client IT Staff

Client Inhouse Counsel

eDiscovery Vendor

Phase Task
Description
I
1 Preservation, Planning & Budgeting
Draft and issue initial litigation hold (include scoping call with
I
2
inhouse counsel and IT staff)
I
3 Identify and retain ediscovery vendor
Interview client IT staff and collect documents to characterize
I
4 client systems and prepare draft preliminary IT infrastructure
working description
I
etc. Prepare draft document request/potential sources worksheet
Interviews and updates to draft document request/potential
I
etc.
sources worksheet
I
etc. Prepare draft preliminary ediscovery project plan
I
Collection
II
Identify anticipated key witnesses, interview relative to potential
II
etc. sources of responsive documents and prepare document(s)
reflecting impressions of the same.
II

Outside Counsel

Many Documentation Options, Including:

Est.
Est.
Est.
Senior Junior eDiscov
Atty
Atty Vendor
Hrs
Hrs
Hrs

Target
Deadline

Firm Deadline*

P M

P

P

P

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

P

P

P

M

N

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

P M

P

P

N

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

N

N

N

N

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

P M

P

P

P

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

P

P

M

M

N

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

P

N

P

M

P

N

N

??

??

??

YYYY-MM-DD YYYY-MM-DD

P

P=Probably involved, M=May be involved, N=Not typically involved
*=deadline set by FRCP, scheduling or other court order, or agreement with opposing counsel

segregating potentially privileged materials III Production IV Discuss and prepare strategy for final pre-production review. Est. Senior Junior eDiscov Atty Atty Vendor Hrs Hrs Hrs Target Deadline $XX $YY $ZZ $XXXX $YYYY $ZZZZ Firm Deadline* . N=Not typically involved *=deadline set by FRCP.Sample eDiscovery Tools PRIVILEGED & CONFIDENTIAL Page 2 of 7 eDiscovery Vendor Client Inhouse Counsel Client IT Staff Client Other Personnel Opposing Counsel Court Phase Task Description III Review III etc. including additional procedures for identifying and segregating potentially privileged materials IV Totals Rough Avg Hrly Rates Rough Fees for Hourly Billed Work Outside Counsel Planning (Overview) P P P P N N N ?? ?? ?? YYYY-MM-DD YYYY-MM-DD P P N N N N N ?? ?? ?? YYYY-MM-DD YYYY-MM-DD P P P N N N N ?? ?? ?? YYYY-MM-DD YYYY-MM-DD P P M N N N N ?? ?? ?? YYYY-MM-DD YYYY-MM-DD P=Probably involved. Discuss and prepare strategy for document review Define and prepare reports to characterize content of identified III etc. Est. or agreement with opposing counsel Est. scheduling or other court order. IV etc. M=May be involved. samples of preserved media Define and implement search procedures for identifying and etc.

Monthly. indiv email email. mfg. R&D. Year-end payroll. ops Staff * * * * * * * * * * * email. indiv email email. ops Monthly.. indiv none not in Desktop 3 Curtis. indiv none Desktop 2 Jones.g. Server 2 Year-end R&D. US IT Staff US IT Staff financial. tapes and DVDs). Sally US IT Staff email. 5 Participation by inhouse counsel and ediscovery vendor. Year-end operations. including any auto-delete functions. Identify and characterize each ESI storage device anticipated to have potentially responsive ESI. US IT Staff email. Obtain charts. indiv none Desktop 1 Smith. dates in service and of any reformatting and redeployment). indiv none email. ops Year-end payroll. indiv none wp (autoarchi wp wp wp ve) email. R&D.. ops Year-end payroll. ops Year-end ops Year-end exchange ops Year-end email none not in US IT Staff US IT Staff email Weekly. indiv none workproduct (autoarchi wp wp wp (wp) ve) email. Weekly. email Monthly. Monthly. mfg. Obtain interviews and/or documents defining any applicable ESI retention/destruction policy or procedure. including any changes over time (e. payroll. exchange Year-end exchange Year-end * * * * * * * * * * * Server N Overseas IT US IT Staff mfg. Weekly. Monthly. mgf. Monthly. and other documents providing overview of systems and IT staff organization. indiv imaged N/A not in N/A Robert wp wp service service upon 11/01 departure * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . indiv none email. financial. ops US IT Staff US IT Staff R&D. diagrams. mgf. including networks and 2 computing and storage devices. Monthly. email N/A Server 3 service exchange Monthly.g..Sample eDiscovery Tools PRIVILEGED & CONFIDENTIAL Page 3 of 7 IT Infrastructure Sample eDiscovery Tools IT Infrastructure Steps To Consider Include: 1 Interview client IT Staff regarding general structure of client's systems for maintaining ESI. including any changes over time. financial. 4 Many Documentation Options. servers 3 and laptops) and passive media (e. John US IT Staff email.g. Including: Q4-2008 Q4-2007 Q4-2006 Q4-2009 Anticipated Anticipated Anticipated Anticipated Content Backups Content Backups Content Backups Content Backups Active Media Prim Cust 2nd Cust Server 1 financial. including active media (e.

laptops/desktops for [list anticipated witnesses. (followup by: [identify team members]) same as for DR#1 plus same as for DR#1 plus email. fileshares. Customer Service Dept. 3 Identify other persons anticipated to know the whereabouts of anticipated sources of potentially relevant paper and ESI. including any complaints or compliments about Robert Curtis' behavior toward or interaction with female sales representatives. sent to. Less than 1 box. Sales Dept. 2 Obtain estimates of anticipated volume. Potential Objections Anticipated Sources Of Potentially Responsive Documents. created. such as potential meeting attendees]. 5 Participation by inhouse counsel and. fileshare for Sales Dept. dates of employee review. (followup by: [identify team members]) . Legal Dept. fileshares for HR Dept (including database of employee complaints). Include: Paper HR Dept.. * * X X X X * * etc. laptops/desktops for [list anticipated witnesses. and laptops/desktops for arguably all other Depts and indiv. (followup by: employees. (followup by: [identify team members]) email server (including backups). Irrel DR# Vague Burde n etc. including disciplinary policies.g. Many Documentation Options. Anticipate printed equivalent to 3 boxes. Curtis' supervisors. co-workers. date of employee termination. X X All documents reflecting ABC Company's policies and practices.Sample eDiscovery Tools PRIVILEGED & CONFIDENTIAL Page 4 of 7 Discovery Requests/Potential Sources Sample eDiscovery Tools Discovery Requests/Potential Sources Steps To Consider Include: 1 Interview relevant Dept Heads and IT Staff for initial impressions about anticipated sources of potentially relevant paper and ESI. Over 12 [identify team members]) boxes.e. Anticipate printed equivalent to over 12 boxes. Legal Dept. and subordinates expected to have interacted with Curtis]. Including: 1 2 3 * All documents. possibly. About 3 to 6 boxes. relating to sexual harrassment. ediscovery vendor. indiv email archives for Curtis' supervisors and other employees including [list by name]. Substance All documents regarding the meetings involving discussion of Robert Curtis' performance. dates of events or behavior that where 4 the subject of complaints. indiv email & calendar archives for Curtis' supervisors and other employees including [list by name]. Sales Dept. including email and attachments. such as supervisors. * * * Mid-Atlantic Field Sales Office. arguably all other Depts and individual Anticipate printed equivalent to over 12 boxes. Sales Dept. and/or received from Robert Curtis during the period he was employed by ABC Company. * ESI email server (including backups). Discuss anticipated key dates and events -.

) HQ . 7 Possibly conferring with opposing counsel..Room #999 Y eDiscovery Server 1 (full) tape(s) 2008-07-31 IT Staff disaster recovery Vendor * * * * * * * * * * [???] (confirmed) tape 2009-11-05 eDiscov litig EDVeDiscovery Y eDiscovery Laptop Curtis ery 0001 preserv Vendor Vendor (imaged) Vendor * * * * * * * * * * Bberry DVD [???] (confirmed) 2009-11-05 eDiscov litig EDVeDiscovery Y eDiscovery Curtis ery 0002 preserv Vendor Vendor (imaged) Vendor * * * * * * * * * * pending On Date * 2009-11-14 2009-11-14 2009-11-14 2009-11-14 * 2009-11-14 * 2009-11-14 * . est.g. Passive Media 1 See IT Infrastructure Documentation (listing Anticipated Backups as of 2009-11-14) The following particular backups have been identified and ordered to be preserved (e. est.g. no Active Media (including employee laptops and handheld devices) may be reformatted or discarded unless: 1) first backed up to preserve any content to be lost using (a) personnel from ediscovery vendor or (b) backup procedures 2 agreed upon with ediscovery vendor and approved by the Legal Department or 2) written permission is obtained from the Legal Department. servers and desktops in use) and Passive Media (e. 5 Initiate procedures to preserve all Active Media and Passive Media anticipated to contain potentially responsive ESI.. Obtain an inventory of presently available Active Media (e.) HQ .g. Create additional backups of Active Media as sensible to preserve potentially responsive ESI not anticipated to be preserved on presently 4 available Passive Media.Sample eDiscovery Tools PRIVILEGED & CONFIDENTIAL Page 5 of 7 Preserved Media Sample eDiscovery Tools Preserved Media Steps To Consider Include: 1 Draft and issue "litigation hold" based upon preliminary assessment of anticipated scope of discovery. 6 Participation by inhouse counsel and ediscovery vendor. Including: Active Media 1 See IT Infrastructure Documentation (listing Active Media as of 2009-11-14) Pending further notice from Legal Department. est. segregated and not recycled or destroyed) 2 further notice from Legal Department: Initial Date Created Creation Type Created Size Physical Location Confirmed By By Purpose Serial # Backup Of * * * * * * * * * * Server 1 (full) tape(s) 2008-10-31 IT Staff disaster 48728 [???] (approx. Many Documentation Options.) HQ .) unknown missing eDiscovery Server 1 (full) tape(s) 2008-08-31 IT Staff disaster recovery Vendor 38451 [???] (approx. 2 Revise and reissue "litigation hold" and/or undertake additional preservation steps based upon later assessments of scope of discovery.Room #999 Y eDiscovery recovery Vendor 83401 [???] (approx.. backups such as tapes and 3 DVDs).Room #999 Y eDiscovery Server 1 (full) tape(s) 2008-09-30 IT Staff disaster recovery Vendor 93250 [???] (approx. est.

OS/2 : Program manager information. Typically . MS PowerPoint Slides/Add-on .MPEG 1 System Stream. Microsoft Word Document. Text File .. Graphics file (ED-SCAN 24bit). Pegasus Mail Message Folder Index File. also QD1 .. MPEG movie file. Printer Definition File (Netware). Omnis Quartz data. MS Briefcase Database..MS Word Document. MS BIFF File. Pagemaker Group File (EPS graphic).PDF Adobe Acrobat Portable Document Format. MPEG 1 Animation . WordPerfect Document.segment 1.. MS Briefcase Database.MS Package Definition File (Inventory-related). Serial # 48728. MPEG encoded file. Microsoft Excel File. PowerPoint presentation (filename extension). Fortran file. Fax (Eve. Worksheet file (Microsoft Excel). PowerPoint Presentation.Netware Printer Definition File. Created by IT Staff on 2008-10-31 for disaster recovery purposes File Ext.. Omnis . Adobe Portable Document Format . Adobe Acrobat Reader file which can only be read by Adobe Acrobat (to get file downloaded Adobe Acrobat from our Download Page. MS BIFF File. Ensoniq SQ80 file. Xing MPEG Animation .PPT Quartz data file . Windows Performance Monitor Settings.. Pegasus Mail Distribution List. PageMaker 4 library. and can be played with QuickTime Player. MS BIFF File. MS Word for Windows Document . Size (in KB) % of Backup 999 999 999 x% 999 999 999 x% 999 999 999 x% 999 999 999 x% 999 999 999 x% * * * * * * * * 100% .. * * Totals Total Files Total Size (in KB) Avg. FlowChart. ReaGeniX code generator : Rea-C-Time application parameter file.x.x-8.Adobe Acrobat File. Including: Passive Media: Server 1 (full) backup.XLS Microsoft Excel worksheet. MS Rich Text Format Document . Portable Document file (Adobe Acrobat) (displayable with a Web browser).. MS Word for DOS Document . EasyFlow 6.DOC WordStar Document. NetFRAME MPEG 2 Animation . Windows NT Performance Monitor Log. MPEG Animation [Viewer]. QD9. This file is an MPEG movie. PADGen Program Information. WordPerfect Document . Ensoniq VFX-SD file. Novell Print Definition File Microsoft PowerPoint presentation. MS Excel Worksheet/Add-In/Templ. Printer Description.MPG MPEG animation. Plazmic Media Engine File.Sample eDiscovery Tools PRIVILEGED & CONFIDENTIAL Page 6 of 7 File Extension Report Sample eDiscovery Tools File Extension Report Many Documentation Options. Microsoft PowerPoint presentation. ChiWriter high resolution screen font. Excel Worksheet. Document or Documentation (many programs/formats). MS Briefcase Database. PowerPoint presentation (Microsoft).

Curtis (Imaged).pdf 999 YYYY-MM-DD YYYY-MM-DD -- * * .ppt C:/Documents and Settings/My Documents/ABC Project/ Draft XYZ Corp Pitch Strategy.mpg 999 YYYY-MM-DD YYYY-MM-DD -- . Size (in Creation Date KB) Last Modifed Author .Sex in the office.pdf * C:/Documents and Settings/My Documents/ABC Project/Other C:/Documents and Settings/My Documents/ABC Project/Other * * * XXX films .mpg Hot pics1. Serial # EDV-0002.PRIVILEGED & CONFIDENTIAL Page 7 of 7 Sample eDiscovery Tools Pathname/Filename Report Sample eDiscovery Tools Pathname/Filename Report Many Documentation Options.doc C:/Documents and Settings/My Documents/ABC Project/ XYZ Corp Annual Report.doc 999 YYYY-MM-DD YYYY-MM-DD DoeJ . Including: Passive Media: Laptop .jpg 999 YYYY-MM-DD YYYY-MM-DD -- * * * * * * * * * * * * * .ppt 999 YYYY-MM-DD YYYY-MM-DD CurtisR .jpg * * File Ext. Created by eDiscovery Vendor on 2009-11-05 Pathname C:/Documents and Settings/My Documents/ABC Project/ Filename ABC Project Team Org Chart.