eDiscovery Webinar SeriesWebinar:Finding Holesin ProductionsBest Practices in Testing &Reporting on ESI Adequacy UsingModern AnalyticseDiscovery Webinar Series

ABOUT OUR WEBINARS Webinars take place monthly and cover a variety of relevant eDiscovery topics If you have technical issues or questions, please email [email protected] Lexbe webinars are available for viewing (streaming video), and downloadable as a PDFPresentation or an MP3 podcast. This Webinar and a complete listing of other onDemand webinars is part of the: LexbeeDiscovery Webinar Series For notices of future live and on-Demand webinars as part of this series please email us [email protected] or: Follow us on LinkedINeDiscovery Webinar Series

ABOUT LEXBE Serving boutique law firms for more than 15 years Based in Austin TX Developed a Native End-to-End eDiscovery Application Hosted at Amazon Web Services Lightning Fast, Feature Rich & Highly Affordable Purpose-Built for DIY eDiscovery for Boutique Law FirmsGartner Reviews:“Cost-effective eDiscovery”Lexbe Confidential“Secure, easy-to-use and a greatreview tool for consideration”“A powerful litigation documentmanagement service”eDiscovery Webinar Series

GUEST SPEAKERKarsten Weber Bio Founder & CTO of Lexbe Inc, a provider of cloud-based litigationprocessing, review and document management software & eDiscoveryservices eDiscovery consultant & expert Prior ExperienceConsulting Expert, Lumin Expert GroupDirector of Software, nLine CorporationSoftware Engineering Manager, KLA-Tencor Lexbe ConfidentialKarsten [email protected], University of TexasM.S. Engineering, Danish Technical UniversityeDiscovery Webinar Series

MARKET TRENDSMassive Growth of Electronically Stored InformationLexbe ConfidentialeDiscovery Webinar Series

STAGGERING QUANTITIESForecast of Emails Sent Per DayLexbe ConfidentialeDiscovery Webinar Series

PROLIFERATION OF MOBILE MESSAGINGMobile Apps Monthly Active Users in MillionsLexbe ConfidentialeDiscovery Webinar Series

COLLABORATION APPSDeployment Plans for Collaborative Chat AppsLexbe ConfidentialeDiscovery Webinar Series

FINDING HOLES IN PRODUCTIONSAgendaLexbe Confidential Receiving Party’s Complaints About Productions Increased Scrutiny of Productions Causes for Inadvertent Exclusion of Material Areas for Examination Bates Gaps Maintaining Metadata Leveraging Metadata to Analyze Production Custodian Mapping Analyzing ReportseDiscovery Webinar Series

RECEIVING PARTY’S COMPLAINTS ABOUT PRODUCTIONSPlaintiff’s Complaints about Productions Important ESI sources were missed or hidden. Culling and responsive searches were awful and missed clearly responsive documents. Important documents emerged only after depositions. Defendant produced a largely irrelevant document dump. Defendant used insane eDiscovery vendor estimates to justify proportionality claims. No understanding of forms of production and problems.From Craig Ball, Is There a Right to Fail in E-Discovery?’s critical for Attorneys and Paralegals to understand the IT side in order to assess production qualityLexbe ConfidentialeDiscovery Webinar Series

INCREASED SCRUTINY OF PRODUCTIONS "Litigants have been ignoring e-discovery obligations with impunity for so long they’ve come tothink of it as an entitlement. . . [N]ow that opponents and courts are waking to this failure, those who’ve failed to adapt arefeeling exposed.”From Craig Ball, Preservation & Proportionality ConfidentialeDiscovery Webinar Series

INCREASED SCRUTINY OF PRODUCTIONS Receiving parties (usually Plaintiffs) can raise doubt about production quality more easily thanever. Judges are more educated and taking complaints more seriously. Producing party’s time and money will be spent on defending productions rather thanpreparing for depositions. Problems validated can undermine producing party’s credibility with the court. Possible sanctions for egregious behavior.But how does one demonstrate that a production may be inadequate?Lexbe ConfidentialeDiscovery Webinar Series

CAUSES FOR INADVERTENT EXCLUSION OF MATERIALPossible Causes (Excluding Intention) Failure to Identify and Collect From All Data Repositories Failure to Institute a Litigation Hold Failure to Get Data from All Sources in a Custodian’s Possession Poor Processing or OCR Poor Keyword Searches or TAR Failing to Maintain Document Date (last modified) during collectionLexbe ConfidentialeDiscovery Webinar Series

AREAS FOR EXAMINATION Bates Gaps Gaps in Time Periods; Are Documents Being Supplemented Over Time? Missing Data for Specific Custodians;Lack of Expected Communications betweenCustodians; Missing Aliases Missing Data Sources, File Types, or Metadata Production Does Not Include ESI that Receiving Parties or Third Parties Possess Missing Hits for Keywords Expected in CaseLooking for Systematic Evidence of Under-ProductionLexbe ConfidentialeDiscovery Webinar Series

BATES GAPSearching for Bates gaps should be one of the firststeps in locating holes in a production.Bates StartBates End6435266007Maintaining your own log of an opponent’sproduction ranges will allow for quick identificationof missing documents. This becomes especiallyimportant during rolling and 92017920298581Refer to the range to the right which outlines a verylarge Bates gap that was located during theeDiscovery 27414Lexbe ConfidentialeDiscovery Webinar Series

METADATA USE IN PRODUCTION ANALYSISMetadata is field-level file information often delivered with a production as part of a load file(Concordance/Relativity DAT, Summation DII and Lexbe XLSX)Key Metadata Fields & UseMetadata Field NameTypeUse in Production AnalysisDate/Time Sent, Date/Time ReceivedEmailShow when emails sent and receivedSender, Recipients, CC and BccEmailShow who sent and received emailsDoc Source, File Path, CustodianEmail & NativeCustodian and chain of custodyDate Last ModifiedNativeUsually best date field for files collected normally(without a forensic collection)File Extension / File TypeEmail & NativeShow type and quantity of ESI producedLexbe ConfidentialeDiscovery Webinar Series

MAINTAINING METADATA IN PRODUCTIONSMetadata as displayed on native DAT file. Most platforms will parse fields into specific fieldtitles so that information can be overlayed into the platform’s built in fields.Lexbe ConfidentialeDiscovery Webinar Series

MAINTAINING METADATA IN PRODUCTIONSExampleLexbe ConfidentialeDiscovery Webinar Series

MAINTAINING METADATA IN IMAGED PRODUCTIONSIt is crucial to obtain loadfiles when exchanging imaged productions (native files converted toTIFF/PDF prior to exchange). Without doing so, the opportunity to analyze data sets iscompromised, as are basic review functions such as sorting/filtering per any missing field.Lexbe ConfidentialeDiscovery Webinar Series

MAINTAINING METADATA IN NATIVE FILESThe Lexbe eDiscovery Platform will automatically extract any available metadata directlyfrom the native file and will store the information in built-in Metadata fields.Lexbe ConfidentialeDiscovery Webinar Series

LEVERAGING METADATA TO ANALYZE PRODUCTIONLook at data over time, how much data existsduring a specific time period, is there anunexplained gap?Lexbe ConfidentialeDiscovery Webinar Series

LEVERAGING METADATA TO ANALYZE PRODUCTIONExample Assume production spans 10 custodians. A 10% drop in volume could be normalfluctuation. However, it could also be caused by a 100% drop for a single custodian. Custodians for which no data was collected at all Response identifies 12 people that are relevant to case, you cannot do a productionwith only 10. Existing business correspondence, when available, can be used to find holes inproductions. Without metadata, these tasks becomes much more difficultLexbe ConfidentialeDiscovery Webinar Series

CUSTODIAN MAPPINGMapping of a Particular Custodian Interview custodians to obtain any and all email addresses and names Must be done to link all possible names to a single individual. Identify all alias namesDifferent Variations of a Custodian’s Name John Smith Smith, John Email - work and personal Nicknames “Johnny” etc.Lexbe ConfidentialeDiscovery Webinar Series

ANALYZING REPORTSUse Lexbe built-in Case Assessment Reports to locate: Low document volume per Custodian (GB or count) Low document volume per Doc Type (GB or count) Low document volume per Master Date (GB or count)Lexbe ConfidentialeDiscovery Webinar Series

ANALYZING REPORTSExport data to Excel to perform multi-level reporting: Document volume per Ext broken down per Custodian Document volume per Year broken down per Custodian Document volume per Ext broken down per DateLexbe ConfidentialeDiscovery Webinar Series

Summary ESI data size is increasing and has become impractical to analyze by hand. Judges are more educated in eDiscovery and applying more scrutiny. Production holes are not always initially obvious. The entire production should be thoroughlyreviewed. If holes/gaps exist, the receiving party can shift the burden to the producing party to prove that thiscollection was done without holes. If even one production is incomplete, it’s enough to raisereasonable doubt for the entire case.Lexbe ConfidentialeDiscovery Webinar Series

All Characters From Native Files areExtracted and Included in the Uber Index.THE LEXBE UBER INDEX Multi-source concatenated singular index Lightning fast Seamlessly add documentswithout re-indexingNative CharactersOCR CharactersImage OCR CharactersTranslated CharactersAll OCR Characters are Extracted andIncluded in the Uber Index.All Images are OCR’d, CharactersExtracted and Included in the UberIndex.Lexbe’s Translation Engine Feeds theUber Index All Translated CharactersLexbe ConfidentialeDiscovery Webinar Series

ADVANCED APPLICATIONS OF AI Utilizing Neural Networks for advance machine learning and high-quality resultsLanguageTranslationAudio & Video FileTranscriptionLexbe overy Webinar Series

INDUSTRY LEADING PRICINGServiceLexbe ConfidentialRelativityLexbeProcessing 125 per GB 0User Fees 95 per User 0Technology Assisted Review 30 per GB* 0Near Duplication* Included with Relativity Analytics 0Email Threading* Included with Relativity Analytics 0Hosting 8 per GB per Mo. 5 per GB per Mo.AI InsightsN/A 0eDiscovery Webinar Series

INDUSTRY LEADING SECURITY Passed extensive application penetration test by IBM in 2019 United States Federal Agencies and municipalities utilize LexbeLexbe ConfidentialeDiscovery Webinar Series

THIRD PARTY ENHANCED ANALYTICSLexbe ConfidentialeDiscovery Webinar Series

LEARN MORE ABOUT LEXBE The Lexbe eDiscovery Platform, is our cloud-based processing, review and production tool. Designedfor Attorneys/legal staff to be DIY and easy to use, with no users fees or case fees. Free standardloading with annual plans. Learn about our high-speed/high-capacity eDiscovery services, and expert professional services. Request a personalized demo and expert consultation today!1-800-401-7809 x22 [email protected]‘Lexbe cost advantages, SaaS convenienceand search capabilities appeal to manysmall firms‘Cost-effective eDiscovery’Lexbe Confidential‘Secure, easy-to-use and a great reviewtool for consideration’“A powerful litigation document management service”“Because of the Lexbe software, the entire playingfield has been leveled for my firm.”“Lexbe is the easiest eDiscovery software Ihave ever used’eDiscovery Webinar Series

THANK YOU FOR ATTENDINGWe’ll be making the following available to webinar attendees: A recorded streaming versionMP3 podcastPDFPlease let us know if you have any questions or comments about this webinar or suggestions for future topics. Thiswebinar is part of the Lexbe eDiscovery Webinar Series. For notices of future live and on-Demand webinars as part ofthis series please email us at [email protected] or Follow us on LinkedIN.Presenter:Karsten [email protected]:Jeff [email protected](512) 653-8295Webinar Questions:[email protected] ConfidentialeDiscovery Webinar Series

eDiscovery Webinar Series Lexbe Confidential We’ll be making the following available to webinar attendees: A recorded streaming version MP3 podcast PDF Please let us know if you have any questions or comments about this webinar or suggestions for future topics. This webinar is part