Kmk6127 (e discovery kmk process)final

E-Discovery: T H E K M K A PPROACH

Our Process

E-Discovery: T H E K M K A PPROACH

Our Process The KMK E-Discovery & Litigation Support Group (ED/LSG) delivers complete E-Discovery strategy, compliance, and technology implementation.

We put systems in place to help you preserve, collect, convert, store, and manage electronic data—no matter what the format or the source—for review and production.

Cross-disciplinary collaboration, flexibility, and accountability are key to our process. We engage you throughout the lifecycle of a litigation matter, providing a customized solution to meet the needs of your particular organization, budgetary realities, and unique requirements associated with each litigation matter you may face: 1. Information management/identification: Locate potential sources of Electronically Stored Information (ESI) and determine its breadth, scope, and depth.

2. P reservation: Use a collaborative, enterprise level approach to implement the litigation hold in order to ensure legal and technical implementation, protect against inappropriate alteration or spoliation of evidence, and to allow for strategic re-use of previous hold data.

3. Collection: Gather the raw ESI and create a prioritized, targeted ESI Collection Data Map in order to organize the relevant data, identify unique and non-duplicative sources of data records, and ultimately cull a discrete (and less costly) collection for review and potential production.

4. P rocessing: Consider the utility of the raw ESI in the discovery process. a. Early Case Assessment (ECA) Analyses: Employ complex search engine filters and various math- and language-based algorithms to analyze ESI and identify patterns and relationships to objectively determine its relevance to your particular litigation matter and overall case strategy. ECA allows us to cull through a vast quantity of raw data files to identify the most relevant and narrow them down for review, thus providing a significant cost savings.

Representative Clients: Belcan Corporation Bush Truck Leasing, Inc. Cincom Systems, Inc. Cintas Corporation Duke Energy Corporation Farm Bureau Property & Casualty Insurance Company Fifth Third Bank The Garretson Firm Resolution Group Inc. Lee Morgan Mercedes Benz of Cincinnati Mercedes Benz of West Chester Rumpke Consolidated Companies, Inc. Total Quality Logistics, Inc.

b. Electronic Data Discovery (EDD) Culling: Reduce the volume of raw ESI using ECA, EDD, Search Term Clustering, Technology Assisted Review (TAR), and related advanced search technologies and methodologies and convert it, as necessary, to a standard litigation database load file format or e-review software format—all custom-built for accurate and efficient electronic document review. Through a collaborative approach of client pre-culling, preferred third-party partner ECA and/or EDD culling, and final KMK ED/LSG post-culling processes, we successfully beat industry-average historical culling reduction rates of 60-80 percent. In several cases in which the KMK ED/LSG has managed the process from start to finish with the requisite budget allocation upfront, we have delivered culling reduction ratios of 99 percent on complex litigation matters, achieving greater than industry-standard metrics and reducing the clients’ overall investment.

5. E lectronic document review: Review the resulting ESI for relevance and privilege. We recognize that this is often the most expensive part of the process, and we strategically use our processing methodologies, technologies, and project management best practices to narrow the resulting review set of data. We provide greater accuracy controls as well as tremendous cost savings by only reviewing those documents deemed relevant.

6. Production: Produce documents and data to opposing counsel, government agencies, or other third parties in various standard electronic database load file, images, text files, and native file formats commonly used for suitable delivery mechanisms. Because this is typically the second most expensive phase of E-Discovery, a defensible yet cost-effective approach to negotiating your Form of Production Agreements is imperative to a successful Production Phase. Third-party vendor pricing can be as much as seven times more expensive than the KMK ED/LSG pricing. We combine a legal mindset with the best software in the industry—which we have purchased through a capital investment and fully control—in order to deliver 100 percent of electronic production in any standard hardcopy or electronic production format at a value-added savings.

7. Presentation: Display ESI before audiences (at depositions, hearings, trials, etc.) in native or near-native forms to elicit further information, validate existing facts or positions, or persuade an audience.

Our veteran Trial Technology Manager utilizes a hybrid in-house/ outsource approach to provide cost-effective trial presentations including custom illustrative exhibits, illustrative animations, and designated deposition and hearing transcript media.

Contact Us: For more information or to schedule a consultation contact: Stephanie M. Booher, Director, KMK ED/LSG sbooher@kmklaw.com 513.579.6497 Joseph M. Callow, Jr., Litigation Partner jcallow@kmklaw.com 513.579.6419

E-Discovery Services: • Information Governance & Risk Management Consulting • Litigation Readiness & Litigation Hold Policy and Procedure Implementation • Case-by-Case Budgeting & Project Management Principles • Electronic Discovery Reference Model (EDRM) Best Practices Implementation • Electronically Stored Information (ESI) Data Mapping Strategy and Implementation • Managed Review Services & Project Management Principles Via our Fullyscalable, Secure Review Center • In-house Early Case Assessment (ECA), Electronic Data Discovery (EDD) Processing, and Full-Scale Electronic Document Productions

E-Discovery: T H E K M K A PPROACH

EDRM Showing Available Technology Solutions Through KMK’s ED/LSG

Processing Preservation

• IPRO eCapture and Allegro

• ZL Unified Archive

• Ringtail Processing Framework (RPF)

• MS Office 365’s Compliance and eDiscovery Centers • Symantec’s E-Discovery Suite

Information Management • KMK’s ED/ LSG Information Governance Team • KMK’s Cybersecurity & Privacy Team

Identification • Symantec’s E-Discovery Suite • ZL Unified Archive

• EnCase Forensic • Zapproved Legal Hold Pro • DSicovery’s Remote Governance & Collections Platform (RGC)

• eCapture & Nuix • Kroll Ontrack • DTI Global • FTI Technology • Ricoh Legal eDiscovery Solutions

• J. Collins, DTI Global

Collection • EnCase Forensic • Kroll Ontrack • Ricoh Legal eDiscovery Solutions • DSicovery’s Remote Governance & Collections Platform (RGC) • MS Office 365’s Compliance and eDiscovery Centers

Early Case Assessment (ECA), Analysis & Review • Ringtail 8+ with Predictice Coding/TAR and Analytics Modules (Cubes, Mines, Map)

Production

Presentation

• Ringtail 8+ with RPF Platform

• LexisNexis’ Sanction

• IPRO Platform (eCapture, eScanIt, Build, OCR Modules, Publish)

• R. Nohrer-Baker, Trial-By-Design Trial Consulting

• All Standard & Custom Litigation Database Loadfile Formats with full metadata (i.e.

Ringtail, Concordance, Relativity, IPRO, iConnect, Summation, EDRM, Opticon) with Full Production Images, Full Extracted/OCR Text and Full Native File Production Exports

• DOAR Consulting

• Catalyst’s Insight Predict

• Kroll Ontrack

• OrcaTec’s Document Decisioning Suite

• FTI Technology

• DTI Global

• Kroll Ontrack Ediscovery.com Review • FTI’s Ringtail 8.5 • kCura’s Relativity

KMK-­Owned Technology Options (On-Premise) Primary External Preferred Partner Technology Providers

www.kmklaw.com One East Fourth Street, Suite 1400 • Cincinnati, OH 45202 • tel 513.579.6400 • fax 513.579.6457 • info@kmklaw.com ©2016 Keating Muething & Klekamp PLL. All Rights Reserved. ADVERTISING MATERIAL.