Preservation Review

Challenge
A professional association involved, as defendant, in litigation called Capital Legal for assistance in handling a potentially massive data collection effort with short deadlines for the completion of the discovery process. The organization, a high-profile entity was concerned that any minor misstep could cause significant embarrassment given the nature of its business activities.

Capital Legal was engaged to provide support for the entire spectrum of ediscovery services – data preservation counsel, data harvesting, processing, electronic data review and the eventual production of relevant, non-privileged electronic evidence.

Case-Related Requirements
First and foremost, a thoughtful, thorough and fast analysis of data preservation requirements was needed. Integral to this effort was a comprehensive evaluation of how the business division targeted in the litigation stored active and archived data – and a review of any additional electronic media used by custodians for business purposes. Armed with an inventory of electronic data, a litigation hold was implemented and an electronic action plan developed to guide preservation and harvesting efforts.

Onsite data collection was necessary, guided by a certified forensic examiner able to testify to the best industry practices and protocols followed in this case.

Substantial filtering was required of over one terabyte of harvested data. Our client requested that duplicate files be removed and key word searches be performed to narrow the universe of documents for review. Finally, clients chose to review the filtered documents in their preferred litigation review environment – and selected to view converted images rather than native files.

Solution
After reviewing the scope of the discovery request with counsel and client, Capital Legal conducted an IT evaluation to determine the types of systems, networks, archival procedures and technologies utilized throughout the organization. All aspects were investigated from personal networked shares to legacy systems, from outsourced service providers to fax and voicemail servers.

Capital Legal also interviewed custodians to target the locations of potentially discoverable electronic evidence. On the basis of these interviews, our certified data forensics examiner acquired “bit-by-bit” forensic images of 24 units of electronic storage media including laptop and desktop hard drives, thumb drives, and other media. At the time of acquisition, comprehensive chain-of-custody documentation was created for authentication purposes and to “travel” with the data for the duration of the litigation.

Potentially discoverable data was harvested from servers. Data was forensically collected in a manner that maintained the integrity of critical file metadata. Chain-of- custody documentation was created for this material as well. For other servers, where preservation and not collection was the immediate need, snapshot backups were taken by the IT staff. Moreover, potentially relevant system logs, sometimes referred to as systemic metadata, were also collected in an evidentiary sound manner.

In the course of the initial assessment, over 600 archived tapes created using retired, legacy hardware were found. Capital Legal determined that the obsolete equipment, in storage, could be used to restore and extract the data on the backup tapes, if needed. An affordable plan was developed to restore the data in its native format if the need arose.

Capital Legal’s engagement manager participated in the meet-in-confer process. He provided technical expertise on the location, preservation and collection of potentially relevant data as well as realistic cost estimates and schedules. He also supported the client’s declaration that all appropriate measures for the preservation of potentially discoverable data had been established and implemented.

Of the initial one terabyte of harvested data, Capital Legal processed only 57 gigabytes for attorney privilege review and eventual production to the opposing side. The data size was dramatically reduced by removing duplicate documents and performing key word searches. And, corresponding costs were minimized.

At the end of the day, our clients concerns about the unsettling and potentially costly affects of discovery were abated. Capital Legal delivered trusted and affordable consulting, harvesting and processing services meeting the highest standards of professionalism.