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Webinar-Top 10 Things Every Litigator Should Know about Handling Email in e-Discovery

View ‘Top 10 Things Every Litigator Should Know about Handling Email in e-Discovery ‘ OnDemand

analysisEmails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections, but the peculiarities of email format can make this key evidence difficult to find, process for review, search, and produce.

 
This Webinar Covers:

  • Email Volumes are Growing Rapidly
  • Email Can Exist in Many Places
  • Headers Include Critical Case Information
  • Email Senders Can Be Spoofed
  • Email Time Zones Should be Normalized
  • Email Deduplication Removes Unneeded Email
  • NearDup Groupings for Mass Coding & Threading
  • Metadata and Families Speed Review
  • Processing is Needed to Enable Searchability
  • Be Careful How You Produce Email

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Slide Text Extract

1. Karsten Weber Lexbe January 13, 2016 Top 10 Things to Know About Email Managing Outlook & Other Email During the Discovery Process
2. We are an Austin, TX based eDiscovery software and services provider, specializing in serving small & medium-sized law firms and organizations. We provide: ● Cloud-based DIY eDiscovery processing & document review software ● High-speed ESI document processing and data conversion services ● Experienced eDiscovery specialists and expert consultants About Lexbe Lexbe Sales sales@lexbe.com (800) 401-7809 x22 ‘Cost-effective eDiscovery’ “A powerful litigation document management service” ‘Secure, easy-to-use and a great review tool for consideration’ Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016 Top 10 Things to Know About Email
3. This webinar will be available for viewing (streaming video), and is downloadable as a PDF Presentation, or an MP3 podcast. This Webinar and a complete listing of other onDemand webinars is part of the: Lexbe eDiscovery Webinar Series For notices of future live and on-Demand webinars as part of this series please email us at webinars@lexbe.com or: Follow us on LinkedIN Downloadable Resources Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
4. If you have any questions or technical issues, please e-mail them to: webinars@lexbe.com Questions & Technical Issues Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
5. ○ Founder & CTO of Lexbe LC, a provider of cloud-based litigation processing, review and document management software & eDiscovery services ○ eDiscovery consultant & expert ○ Prior Experience Consulting Expert, Lumin Expert Group Director of Software, nLine Corporation Software Engineering Manager, KLA-Tencor ○ Education MBA, University of Texas M.S. Engineering, Danish Technical University Karsten Weber bio Karsten Weber 512-686-3469 karsten@lexbe.com Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
6. 1. Email Volumes are Growing Rapidly 2. Email Can Exist in Many Places 3. Headers Include Critical Case Information 4. Email Senders Can Be Spoofed 5. Email Time Zones Should be Normalized 6. Email Deduplication Removes Unneeded Email 7. NearDup Groupings for Mass Coding & Threading 8. Metadata and Families Speed Review 9. Processing is Needed to Enable Searchability 10. Be Careful How You Produce Email Agenda Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
7. Email Facts ○ First email sent in 1971 by Ray Tomlinson ○ Today there are over 4 billion email addresses/accounts ○ 1GB of email is roughly equal to 50,000 pages, or 15 banker’s boxes. ○ It’s not uncommon for individual custodian’s email to be 10 GBs or more (½ million pages) Top 10 Things to Know About Email 1. Email Volumes are Growing Rapidly First email message Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
8. Top 10 Things to Know About Email 1. Email Volumes are Growing Rapidly Year Physical Mail Email 1983 119 billion 500 million 1985 140 billion 1.5 billion 1988 161 billion 3 billion 1989 162 billion 5 billion 1991 166 billion 15 billion 1993 171 billion 50 billion 1995 181 billion 100 billion 1997 191 billion 550 billion 1999 202 billion 4 trillion 2003 202 billion 40 trillion 2005 212 billion 50 trillion 2007 212 billion 70 trillion 2008 203 billion 85 trillion 2009 177 billion 100 trillion 2010 171 billion 120 trillion 2011 168 billion 150 trillion 2012 160 billion 180 trillion 2020* 130 billion 500 trillion ○ Annual volume of physical mail peaked in 2007 and has been in steady decline ever since ○ Annual volume of email is accelerating and shows no sign of stopping *Projection Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
9. ○ Average worker in the knowledge economy spends 28% of his or her time reading and answering email. (McKinsey Global Institute 2012) ○ Email is growing in volume and increasingly often contains the most critical evidence within a case. Top 10 Things to Know About Email 1. Email Volumes are Growing Rapidly Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
10. ○ Different email providers and services means that there are a variety of ways to deliver an electronic mail service. ○ Current emails generally use a “store and forward” method. ○ Messages are sent to a central node that repackages the message for delivery to the recipient. ○ But where do they get stored, when are they forwarded, and what format are they in? Top 10 Things to Know About Email 2. Emails Can Exist in Many Places Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
11. ○ 65% of email volume is on Microsoft Exchange ○ Outlook Email data is stored on the servers that run Exchange in the form of .OST files. ○ Locally, Outlook Email data is stored in .PST files on computers ○ Individual emails are stored as .MSG files, which contains an email body, attachments, and metadata. ○ In eDiscovery, email in other formats is often converted to Outlook PSTs as part of collection, processing, or production. Top 10 Things to Know About Email 2. Emails Can Exist in Many Places Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
12. ○ Host Servers: Servers that run the particular email system will also store email data ○ Cloud-Based Servers: Increasingly individuals & organizations are storing for synchronicity between devices. ○ Locally: Emails can be stored on your own computer ○ Company Servers: Firms may store email for ease of collection. ○ Archive Files: Groups of emails and their metadata can be compressed into archive files. ○ Portable Devices: Have the ability to locally store and backup email files. Phones, tablets, etc. Top 10 Things to Know About Email 2. Emails Can Exist in Many Places Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
13. ○ Deleted email is often just moved to a “deleted” folder where it can be recovered during ediscovery. ○ Even emails deleted from the “deleted” folder can be recovered forensically. The email likely still exists with the other recipient(s), as well. ○ Once an email has been sent, it will likely live on in some format indefinitely. Top 10 Things to Know About Email 2. Emails Can Exist in Many Places Deleted May Not Mean Deleted Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
14. . Invisible ○ Receiver/Sender IP, Domain Address, Time Sent and Received, and the transmission path of the message. Top 10 Things to Know About Email Visible ○ From/To/Cc/Bcc/Subject: Header tells us who an email is from, who the receiver is, and the Subject line of the email 3. Headers Include Critical Case Information Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
15. Headers contain critical case evidence that can be automatically fielded by litigation document review systems for mass coding. Top 10 Things to Know About Email 3. Headers Include Critical Case Information Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
16. . Top 10 Things to Know About Email 4. Email Senders Can Be Spoofed ○ Email senders that seem fraudulent based on the header (or content) can be verified in Outlook. ○ Just select message properties and view ‘internet headers’ where the true sender will be displayed. Beware of Fraudulent Headers Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
17. Custodian 1: Custodian 2: Top 10 Things to Know About Email 5. Email Time Zones Should Be Normalized Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
18. Solution A ○ Identify case custodians by time zone Solution B ○ Use a single time zone for all custodians Solution C ○ Use UT or Greenwich Mean Time. (Best in complex cases with travelling custodians) Top 10 Things to Know About Email 5. Email Time Zones Should Be Normalized Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
19. ● Why Duplicates Exist ○ Collection from multiple stores (e.g. Outlook and Gmail) ○ Duplicates between custodians ○ Email attachments ○ Email chains (near duplicates) ● Types of Duplicates ○ Exact Duplicates ○ Near Duplicates ● Role of Hash Values ○ Separates exact dups from near dups ● Vertical vs. Horizontal Dedupe ○ Within custodian vs. across custodians 6. Deduplication Removes Unnecessary Email Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
20. ● What are Hash Values ○ An MD5 hash (also SHA) is a 128-bit number that (like a fingerprint) uniquely identifies an electronic file. ○ MD5 example: 417BCBDG845179C10D9BBD1C23294198 ● How are Hash Values Used ○ Chain of Custody and authentication ○ DeNIST ID and removal ○ Exact Duplicate ID for deduplication ● Special Issues with Emails ○ MS Outlook email container files (PSTs) change the included email MSG files every time separated. ○ So standard hashing does not work (different numbers) ○ Instead Hash Values are created from Metadata strings, which are more stable through transmission. Top 10 Things to Know About Email 6. Deduplication Removes Unnecessary Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
21. ○ Email deduplication works by programmatically examining and comparing the contents of emails and then eliminating duplicate instances from the data set. ○ Deduplication excludes duplicate messages and their attachments from processing. ○ Without deduplication, storage volumes of identical data will increase as additional custodian data is collected and added to review systems. ○ Most deduplication is done on a few key fields: sender, receiver, date, time, and subject. Challenging because this information isn’t static across custodians. Top 10 Things to Know About Email 6. Deduplication Removes Unnecessary Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
22. Custodian 1 Custodian 2 Custodian 1 Custodian 2 ● Horizontal dedupe ○ Dedupes across all custodians ○ Requires logging of deleted email ○ May result in more data reduction ○ Can cause data holes and production gaps ● Vertical dedupe ○ Dedupes only within custodian ○ May result in less data reduction ○ Unlikely to cause data holes or production gaps Top 10 Things to Know About Email 6. Deduplication Removes Unnecessary Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
23. ○ NearDup technology automatically recognizes similar, but not identical, documents within an e-discovery document collection ○ Algorithm analyzes, evaluates and compares the actual text content of the documents to each other Unstructured Documents NearDup Groupings Top 10 Things to Know About Email 7. NearDup Groupings for Coding and Threading Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
24. Top 10 Things to Know About Email 7. NearDup Groupings for Coding and Threading ○ Grouping allows mass coding of ‘almost’ exact duplicates ○ Algorithm analyzes, evaluates, and compares the actual text content of the documents to each other ○ A scanned email will group with a native converted email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
25. 7. NearDup Groupings for Coding and Threading ○ Group email messages that have similar text representing a conversation thread ○ View email chains with similar text in date & time order ○ Avoid confusion of emails only tangentially related (greater than 50% text overlap ○ Consistently code email chains for responsiveness, privilege, attorney-eyes only, etc. Top 10 Things to Know About Email Threading email including NearDups Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
26. Email Metadata (sender, receiver, date, time, subject, etc.) is extracted and then fielded to the litigation database for review Email Metadata in Outlook Header In Outlook Email Fielded to the Litigation Database Top 10 Things to Know About Email 8. Metadata & Families Speed Review Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
27. Metadata is field-level file information used in review and often delivered with a production as part of a load file (Concordance/Relativity DAT, Summation DII, and Lexbe XLSX) Metadata Field Name Type Use in Review Date/Time Sent, Date/Time Received Email Show when emails sent and received Sender, Recipients, CC and Bcc Email Show who sent and received emails Doc Source, File Path, Custodian Email & Native Custodian and chain of custody Date Last Modified Native Usually best date field for files collected normally (without a forensic collection) File Extension / File Type Email & Native Show type and quantity of ESI produced For a full listing of standard loadfiles: http://lexbe.com/support/technical-resources/ Key Metadata Fields & Use Top 10 Things to Know About Email 8. Metadata & Families Speed Review Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
28. ○ Attachments are embedded in Container Files (.msg) ○ Emails and attachments need to be separated for review and search ○ It is critical that review systems display email container files in a way that easily links to attachments. Top 10 Things to Know About Email 8. Metadata & Families Speed Review Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
29. Coding in Doc Viewer -Code 1 Doc at time -See Email Families -Auto-code families Mass Coding -Code Many at Once -Multi-Doc Edit -From Search/Filters 8. Metadata & Families Speed Review Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
30. Top 10 Things to Know About Email 8. Metadata & Families Speed Review Privilege Log Auto-Creation -Metadata extracted from natives -Email date/time, sender, receiver, subject -Privilege and Work Product coding used -Privilege log automatically generated for review Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
31. ○ Email attachments are not always as searchable as the email body itself. ○ Review systems should separate attachments from container files but maintain relationship to the parent email. Best Practice: ○ Dual Indexing: Create search index based on OCR scanning and HTML rendition of incoming emails and their attachments to avoid missing evidence. Top 10 Things to Know About Email 9. Processing is Needed to Enable Searchability Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
32. ○ With a Dual-Index approach the search engine indexes both text extracted from Native files (email, attachments, spreadsheets, etc.) and imaged file OCR text (TIFF, JPG, or PDF). ○ Most comprehensive approach minimizes potential for lost and unsearchable data, and finds more privileged documents Benefits of Dual Index Approach 9. Processing is Needed to Enable Searchability Top 10 Things to Know About Email Index Method Imaged/OCR Native Extraction Dual Index Captures Embedded Text Yes No Yes Captures Text Excluded From Print No Yes Yes Captures Hidden Text No Yes Yes Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
33. HTML Text OCR Text Both searchable 9. Processing is Needed to Enable Searchability Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
34. ○ Be Careful: Privilege, redacted, and confidential information can be in email container files (MSGs and PSTs), attachments, ZIP, RAR, and other containers ○ Native production: (ex. .MSG format) Care must be taken when producing Native emails so as to not inadvertently produce privileged information. ○ TIFF production: Compatible with Concordance and Summation review software and others. ○ PDF production: Preferred by many for portability. ○ Best practice: Produce emails converted to TIFF or PDF format (for Bates Stamping and Redaction) as well as native versions of non-privileged attachments and emails Top 10 Things to Know About Email 10. Be Careful How You Produce Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
35. Thank you for Attending We’ll be making the following available to webinar attendees: ● A recorded streaming version ● MP3 podcast ● Webinar slide-deck ● Transcript Please check back for our next monthly installment If you have any questions or comments please let us know at webinars@lexbe.com For further information about Lexbe, a demo or a consultation, please contact us at 800-401-7809 x22 or via email at sales@lexbe.com Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016
36. What Reviewers are Saying Lexbe Sales sales@lexbe.com (800) 401-7809 x22 ‘Cost-effective eDiscovery’ “A powerful litigation document management service” “Because of the Lexbe software, the entire playing field has been leveled for my firm.” Recognized as a ‘Top 100’ eDiscovery Provider ‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms “Lexbe is the easiest eDiscovery software I have ever used’ Infrastructure recognized as the Leader in Cloud Security ‘Secure, easy-to-use and a great review tool for consideration’ “Lexbe is a great equalizer between small & large firms” Top 10 Things to Know About Email Top 10 Things to Know About Email | Managing Outlook & Other Email During the Discovery Process | January 13, 2016

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