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The Yellow Brick Road to Litigation Support

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Bowe Kurowski

on 17 November 2011

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Transcript of The Yellow Brick Road to Litigation Support

AMBITION What is a Litigation Support Professional? Doing CSI on Computers?
A Techie Paralegal?
A Cross between I.T. and Paralegals? Litigation Support Professionals assist attorneys and the case team beginning before a case is filed all the way through to the end of trial and usually touches on, but is not limited to, the following areas: project management, vendor management, budgeting, identification, preservation, early case assessment, processing, database architecture, review, production, and trial graphic presentations. Paralegals deal with the facts, content and substance of the documents. Litigation Support Professionals handle the underlying information and how to cull it down into a distilled usable form. What information you look for vs. where to find it and how it should be collected

What makes a document privileged vs. crafting a search using concepts and keywords to find all privileged docs for the paralegal to review

What makes a document responsive vs. knowing how many duplicates exist, and how many drafts are 95% identical in content. Highly evolving technical field
Think outside of the box.
x 600,000 1. Get your own certifications
Companies rarely train. Don't leave your fate in their hands.
They are paying you for your expertise
Gives them a sense from the beginning if you are ambitious 2. Be self directed in your study!

Which would you rather have? Experience Ambitious Certified Creative 3. Be Significant, not just Successful
Make impact immediately
Documentation (shows ambition and learning on your own)
Teach and educate potentially using your documentation
Success is internal, significance is external Meet and Greet! Ask Questions Talk in Person Keep your Promises Make them
look great Be Responsive Admit mistakes &
take responsibility Preserve Review Produce Some Many Collect You will be considered a peer
Law of Reciprocity
Psychological Find out what they like and take interest Food, wine, magic? Keep them in mind throughout the day 1. Expertise
2. Control What they say is rarely what they need Make your deadlines or renegotiate early Build in Fudge Factor Promises on promises Praise makes you look good... but humility makes you look better 1. You have a customer
for life
2. You have an ally
in the fight "Got it and will respond in one hour" Respond Quickly
mistake 1. Know someone personally 2. Talked in Person 3. Have high integrity 4. Make them look great 5. Been Responsive Mistake = Underlying structure for E-Discovery
Created under the direction of George Socha
Not a straight line, but a cyclical process
Not Perfect, but better than nothing & will evolve Brains &
Knowledge Process Identify Present Few Identify where all the data is
Develop Network Map Send out litigation hold
Momentarily stop backup tape rotation
Suspend auto delete in email Most important step!
Be aware of what you're collecting
FTK by Access Data
Encase by Guidance Sortware
Extraction of Metadata
Make Non-text docs searchable
TIFF, DAT, OPT files

LAW, NUIX, eCapture Search across all documents
Quickly move from one doc to the next
Tag documents
Batch documents for review
Relativity, iConect, Concordance
Ringtail, Summation, Catalyst TIFF, PDF, Native, Hard Copy
Extracted Text, Metadata Just Trial Exhibits
Trial Director
Sanction Federal Rules 16(b) - Allows court to establish rules around E-Discovery

26 - Added ESI as own Category

26(b)(2) - What you're not going to produce

26(b)(5) - Allows clawback for inadvertant production of ESI

26(f) - Meet and confer on ESI protocol

33(d) - Includes ESI as records related to Rogs

34(b) - How documents are produced

37 - Safe Harbor - when data is lost or unrecoverable due to standard business practices

CA State Rules

SECTION 2017.710-2017.740

Signed by Gov. Schwarzenegger in 2009

Largely mirrors Federal Rules
Important Case Law Zubulake v. UBS Warburg (I – V)
First cases to really address very large section of E-Discovery issues
Transformed the industry
Opinion by Judge Scheindlin
National Day Laborer Org. Network v. United States Immigration and Customs Enforcement Agency, 2011 U.S. Dist. LEXIS 11655, at *7 (S.D.N.Y. Feb. 7, 2011)
Opinion stated Metadata is integral part of ESI
Listed critical fields to supply including making it searchable
Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D. Md. May 29, 2008)
Discusses keyword search techniques, requirements
Pension Committee of the University of Montreal Pension Plan, et. al., v. Banc of America Securities, LLC, et. al. (S.D.N.Y. 2010)
Deals with spoliation, preservation, and outlines difference between negligence and gross negligence.
The Yellow Brick Road
to Litigation Support By: Bowe Kurowski
Full transcript