Digital White Papers

Litigation and Practice Support — May 2015

publication of the International Legal Technology Association

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ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG 45 CHALLENGES AND TIPS FOR E-DISCOVERY IN THE CLOUD collect data in a smart way rather than mass bulk collection, which will later have to be reviewed at great cost. • eQuivio: Recently acquired by Microsoft, this tool also helps law firms tackle the large volume of data they will encounter during e-discovery. Instead of relying on algorithms, this service allows you to efficiently search through the data to find valuable information. It can group near- duplicate documents, reconstruct email threads, cluster by subject and more. Also saving time and costs, this platform leaves more of the sorting up to you. • X1: This company offers several solutions for searching and collecting enterprise and desktop data and social media in a way that can be sifted through by law firms and used in a courtroom. X1 offers flexible searching across multiple data types. Its unified search can sort through data from different software providers and across cloud and network data. EaaS: THE RIGHT SOLUTION Performing e-discovery in the cloud has given rise to challenges, and solutions are being developed quickly. Through proactive discussions and familiarity with the systems and tools, the process can become even more efficient, bringing the benefits of the cloud to law firms and legal departments. documents. Metadata can be easily lost in a data conversion or preparation process. • Location of Data: If the data are overseas, there could be issues that impact what you can and cannot do related to collection, especially regarding email and other communication. It is possible to insist on jurisdictional restrictions for your data in your contracts with cloud providers. • Methods and Tools To Collect Data: Develop processes for each of the relevant systems, identifying which tools you or your client will need in order to collect and potentially produce data. SOLUTIONS TO WATCH Various software applications have appeared to meet the needs involved in performing e-discovery in the cloud. The best tools are designed to handle large volumes of data, enable solid documented preservation procedures and facilitate auditable controls and management of the data once preserved. The following tools can be valuable during litigations in which cloud data are involved: • Zapproved: This vendor's products are focused on performing targeted collections on big data in cloud e-discovery. This tool is most appropriately used in litigations involving an enormous mass of data that must be collected and preserved efficiently. Zapproved's tools rely on algorithms to Spend time with critical clients and attorneys in your firm to educate them on these issues. Work with them to identify where important data are likely to be stored. If they are housed in a cloud-based system, you might have some work to do. Find out what the organization has negotiated in its contract with the cloud provider. Suggest that your clients and counsel get involved in the discussions with the IT group and cloud providers when negotiating their contracts. If contracts are already in place, the alternative is to discuss with the IT group and cloud provider the things you will need to know in anticipation of having to provide data for e-discovery. Pay close attention to: • Retention Policies: Cloud providers, especially SaaS providers, have their own policies regarding records retention and deletion. They will typically delete data after predefined periods of time, irrespective of document type or data type. You need to work with them to ensure those retention periods follow your client's retention policies, and, more important, that those deletion protocols can be suspended if litigation occurs. • Data Format: Many cloud providers have proprietary systems and employ proprietary data types for their tools and systems. Make sure you understand what options there are for exporting data and what needs to be done to retain any metadata associated with the original

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