1. Electronic Discovery
101
From ESI to the EDRM
S

2. Comprehensive Overview of
Electronic Discovery
S Understanding Electronically Stored Information (ESI)
S Defining ESI
S Sources
S Understanding the eDiscovery Process
S What is eDiscovery?
S EDRM

3. What is
Electronically
Stored Information?
“All information on Computers”
(Nov 2006, The Third Branch, for the federal
courts)
• Emails
• Word documents
• Spread sheets
• Power point
• Images
• Data Bases
• Archives
• Deleted files
• Data on servers & back up tapes
• Tweets
• Facebook posts
• Text messages
• Ims
• Pinson pinterest
• Etc.

4. What form Does ESI Take?
Formats Descriptions
S Text Based S .doc .pdf .txt .wpd .xls .ppt .html
S Images S .bpm .gif .jpg .tiff
S Moving Images S .avi .mov .flv .mpeg .swf .wmv
S Sound S .au .mp3 .mp4 .ra .wav .wma
S Web Archive S .ar .mhtml .warc
S Other S UTF -8 (Unicode)

5. What constitutes Data and
what is Metadata?
S Data in the eDiscovery sense includes the content on the face of an email or document
as well as any other information about the email or document.
S Metadata is a broad term that encompasses all of the information about a document that
is not visible to the user; data about data. This is structured information about an
electronic file that is embedded in the file, but not normally visible when viewing a
printed or on screen rendition of the document, that describes the
characteristics, origins, usage and validity of other electronic files. This includes but is
not limited to:
S Data ESI was created
S Date ESI was last modified
S Custodian
S Page Count
S Bates beginning or ending numbers
S To; From; CC: BCC
S Date & time an email was sent
S Subject
S Date or time received
S Child Records (attachments to an email)

6. Where is ESI?

7. What is Electronic Discovery?
S E-discovery, short for electronic discovery,
is the process by which litigants find (i.e.,
discover) and produce documents stored
in electronic form in response to litigation,
corporate investigations, or regulatory
inquiries.

8. How is Ediscovery Done?
S The Ediscovery process is often broken down into a multiphase model
known as the Electronic Discovery Reference Model (EDRM). The nine
components of the model represent steps in the EDiscovery Process.

9. Information Management &
Identification
 Information Management: the steps taken by a corporation to control how their
electronic data is stored and destroyed in an effort to manage volume of data and
facilitate the identification of relevant data in the event that there is a discovery
request.
 Identification: At the point that a corporation has “reasonable anticipation” of
litigation the General Counsel must send out a Legal Hold to all people
(Custodians) who may have data relevant to the case and having a strong
Information management plan allows the corporation to readily identify where the
information for each custodian resides and how best to preserve it.

10. Preservation
S Once a corporation has a “reasonable anticipation of
litigation” they have a legal duty to preserve information
that is likely relevant to the case. Failure to do this, or
executing this improperly results in “Spoliation” and can
result in large sanctions or negatively impact a case.
Preservation may require a company to diverge from
their normal Information management practices.

11. Collection
S Collection is the acquisition of ESI in eDiscovery.
Vendors image computers or copy ESI from the company
computers, servers, etc. for the purpose of later
processing and reviewing it for the anticipated litigation or
government investigation.

12. Processing
S Any operation or set of operations performed on the collected data to reduce
the overall data set for review, production and subsequent use. External
vendors are usually engaged to conduct this piece of electronic discovery.
Processing may include:
S Data or meta data extraction
S De-duplication (removing duplicate ESI)
S Filtering by key word or using advanced technology
S Data conversion and load file production if necessary

13. Review
Document Review
S The culling process done by
contract or full time attorneys with
or without technological
assistance to valuate collected
electronically stored
information, frequently for
relevance and privilege; related
activities such as redaction.
S This is where Hudson often
assists by providing managers to
oversee and attorneys to conduct
the reviews.

14. Analysis
S Analysis is the process of evaluating a collection of electronic
discovery materials to determine relevant summary information,
such as key topics of the case, important people, specific
vocabulary and jargon, and important individual documents.
S Analysis can and should be done on an ongoing basis
concurrent with or even prior to review to ensure that relevant
important information is used in fact driven case development.

15. Production
Delivery of electronically stored
information:
 To various recipients (law firm,
corporate legal department,
service provider, etc.)
 For use in other systems
(automated litigation support
system, web–based repository,
etc.).
 On various media (CD, DVD,
tape, hard drive, portable storage
device, paper, etc.).

16. Presentation
Ultimately after the data
set is whittled down and
reviewed and analyzed
the documents deemed
important to the case will
be presented at
deposition, to opposing
counsel or at trial .

17. S At Hudson Legal we are
Hudson’s involved [via our strategic
partners] from preservation
Role to production. As a
company we provide:
S Project management
expertise to manage the
scope of the review, data
review and analysis and
assist with production.
S Hudson also provides the
people, space and
infrastructure to conduct
document reviews.
S Hudson people QC and
assist with second level
review prior to production
to ensure accuracy

18. Content Quiz
S Which of the below are part of the EDRM?
S Review
S Production
S Deposition
S Collection
S What Does EDRM Stand for?
S Electronic Discovery Reference Model
S Electronic Discovery Rule Matrix
S Electronic Discourse Review Methodology
S Electronic Discovery Reasoning Methodology

19. Quiz
S Which of the below are forms of ESI?
S Twitter
S Word Documents
S Excel
S MAC documents
S Facebook profile
S All of the Above
S Which of the below is Hudson Not Involved with?
S Review
S Production
S Project management
S Analysis
S Presentation
S None of the above

20. Quiz
S Which of the below is not Metadata
S To; From
S Subject line
S Date Created
S Text of the email
S Where can you find ESI?
S Computer
S Cell Phone
S Server
S Thumb Drive
S Twitter
S A and B
S All of the above

21. Answers
S Question 1: Deposition is not part of the EDRM
S Question 2: EDRM stands for Electronic Discovery Reference
Model
S Question 3: All of the Above
S Question 4: Presentation
S Question 5: Text of the email
S Question 6: All of the above