eDiscovery

The D4 team of experts can assist counsel with building a defensible and reasonable process while providing you with a predictable, reliable and cost-effective solution.

Consulting

FRCP 26(f) Meet and Confer Consulting
Many judges have encouraged that counsel utilize knowledgeable technical experts to assist with navigating the ESI waters. 

Updated FRCP rules force parties to focus on the problems of preservation and eDiscovery on the front-end to avoid potentially facing sanctions motions on the back-end.

D4 can help prepare for and resolve: 

  • Preservation Practices
  • Scope of Discovery
  • Accessibility of ESI
  • Production of Metadata
  • Costs & Burden to Produce ESI
  • Forms of Production
  • Privilege Issues and Waiver
  • Variations from FRCP and Local Rules
  • Inventory of IT Infrastructure (Data Map)
  • Other Information that may be important to eDiscovery efforts
 

Early Data Assessment

Early data assessment (EDA) is a strategy used to estimate risk and cost associated with prosecuting or defending a legal matter.

Effective EDA requires a combination of professional expertise and software. At D4, we customize our EDA process for each matter based on the requirements and goals of the client.

The EDA lifecycle typically includes all or some of the following:

  • Identification and collection of Electronically Stored Information (ESI)
  • Selection of the proper software to process ESI
  • Keyword analysis
  • Advanced analytics
  • Review of ESI by attorneys or experts
  • Consultation with D4 linguistic experts
  • Creation of reports to be reviewed by legal team
Data Identification
D4 assists corporations with the identification of potential sources of relevant information, which may include active and legacy systems, key custodians and paper files. The identification of potentially relevant ESI is vital to establishing and issuing an effective legal hold.

The goal is to identify all custodians, repositories, and back-up storage that may contain potentially relevant ESI. D4 works closely with the legal department and outside counsel during this phase of eDiscovery.

Preservation
When the duty to preserve is triggered, D4 can assist with the isolation and preservation of potentially relevant ESI. The goal is to preserve ESI in a manner that is legally defensible and reasonable to mitigate the risk of spoliation. 

Potentially relevant evidence must be identified and preserved, including systems or back-up media that counsel may deem inaccessible. Defensible preservation usually includes the suspension of automated destruction policies for e-mails and other ESI.

 

Data Collection

It’s vital that the collection of ESI include the preservation of metadata. The process should be legally defensible, reasonable, auditable, and when appropriate, targeted.

D4’s data collection professionals hold multiple forensic certifications and have performed collections throughout the world.

D4’s collection services include:

  • Crafting of defensible collection protocols
  • Remote collections
  • Conducting targeted collections
  • Full forensic imaging
  • Deployment of advanced ESI collection software systems to remote locations
  • Extraction of e-mail stores
  • Collection of ESI from servers and legacy systems
  • Conversion of legacy data, when appropriate
  • Testimony regarding the collection process
ESI Processing 

D4 provides reliable, defensible, and cost-effective technology-based evidence processing.

Our ESI services include support for almost all types of electronic documents and email.

We can process and prepare ESI for review from back-up tapes, mobile devices, Sharepoint and other repositories, Lotus Notes, GroupWise, MAC files, Linux files, and data from servers.

Paper Discovery
From document imaging to optical character recognition, D4 can handle the most straight-forward to the most complex litigation support services. 

  • Document imaging
  • Optical character recognition
  • Foreign language translation
  • Indexing
  • Near duplicate technology
  • DigiBinder

Learn more about our Scanning & Paper Discovery Services

 

Back-up Tapes

D4 is able to sample and search tapes quickly, defensibly, and inexpensively. 

D4’s use of Index Engines technology eliminates the need to undertake timely and costly restoration of ESI from back-up tapes.

“The once excessive burden associated with discovery of backup tape data has been lifted by new indexing technology – and the industry knows it…By implementing direct indexing technology, tight court-imposed time lines and massive amounts of data on tape become easier to handle.” – Index Engines

D4’s eDiscovery Tape Back-up services include:

  • Indexing, searching, and restoration of responsive EIS stored on tapes
  • Ability to access multiple hardware and software platforms
  • Access to ESI stored in common mail stores and DB’s (Exchange, Lotus Notes, PST, NSF)
  • Access to file stored in compressed files and folders
  • Identification of corrupt, encrypted or files that can’t be indexed
 

Online Review

Take advantage of the latest technologies in the “cloud.”

 

As law firms and corporations face an increasing number of challenges that in-house document review presents, they look to D4 for online hosting solutions. We offer a number of hosted review applications, including kCura’s Relativity, Access Data Lab, Clearwell, and Concordance FYI.

 

Benefits of choosing a SaaS (software as a service) solution through D4:

  • No investment by your organization for hardware or software
  • On-demand use on a per project basis
  • Access to the latest technology
  • Predictable costs
  • Data is accessible 24/7 via the Internet
  • Unlimited storage
  • Access to D4 expertise

Benefits accelerated review through Relativity Analytics

  • Improved insight into case data
  • Increased productivity through application customization
  • Multi-party collaboration through the building and maintaining of ethical walls
  • Repeatable and defensible process impacted by case templates and audit trails
  • Complete production management
  • Complete unicode and foreign language support
  • More ways to manage case-related data through custom applications
 

Analysis

Data reduction and analytics reduces the volume of ESI with the intent to simultaneously reduce overall costs associated with eDiscovery. D4 utilizes multiple forensic applications to remove system and other non-user files that are typically collected during discovery. D4 also has the ability to identify “false positive” documents typically returned through the use of traditional keyword searches.

Our Data Reduction and Analytics team develops a customized process for each matter and will work directly with you to identify searching and culling strategies that result in the most useful information.

The data reduction process includes:

  • Removal of NIST files
  • Removal of other system files
  • Separation of database and other files not suited for traditional review applications
  • Identification and removal of duplicate files
  • Full text indexing of files in preparation to search
  • Consultation with the client to tweak keywords
  • Advanced analytics (near dupe and e-mail threading)
  • Basic reports including file extension analysis
  • Password cracking
  • Identification of corrupted files
 
eDiscovery Solutions
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