Cost Effective eDiscovery

March 2019 | Article

By Kaly Richmond

Every law firm has electronic data that must be reviewed. Large firms typically employ an in-house eDiscovery solution, but smaller firms unfortunately may not have the financial resources to do so. Typical eDiscovery platform software can be tens of thousands of dollars and run well north of the $100,000 mark, and when additional staff is needed to review and produce data in these platforms, that price can continue to rise. Fortunately, even small firms can access eDiscovery review platforms through cloud-based services. These services are user-friendly, flexible and a fraction of the cost of traditional in-house solutions. The following outlines a few considerations for eDiscovery and forensic imaging.

Indexed I/O
Indexed I/O is a fantastic choice for small-to-midsize firms looking to streamline the discovery process. Fees are based on a per gigabyte table for processing and hosting, and there are no user fees or upfront costs for software or hardware. This accessibility makes Indexed I/O a great solution for any firm.

The platform contains a number of helpful tools to assist with document review, including interactive graphs and charts to show the types of documents and relevant information contained within the data. A number of system tags are also generated during processing, which makes sorting simple. These tags can be generated for personal information, including credit card and Social Security numbers. Other important data such as social media posts, websites and instant messaging threads can also be tagged.

In addition to the helpful and easily navigable analytics of this platform, Indexed I/O can run searches in milliseconds, which is much faster than traditional in-house solutions. The platform was also designed and built to be user-friendly, so getting comfortable viewing documents takes as little as 30 minutes, even if you have no experience with eDiscovery review platforms.

Eide Bailly has put together some short tutorial videos to show how easy Indexed I/O is to use;

Forensic Imaging for Legal Holds
If your client has received a legal hold, it’s important to make sure that they are following the federal rules of civil procedure. One option to accomplish this is to preserve all of the data by making forensic images of the devices. A preserved collection means work doesn’t need to stop for your clients. Forensic tools can be utilized to run searches for keywords and then filter the data after it has been preserved. This narrows the data down to only the potentially relevant documents and makes the review process easier. Utilizing both forensic and eDiscovery tools to assist with information governance can streamline the process and save you time and money.

These days, it is common for a legal hold to include cellphones. Cellebrite is a useful tool that has the ability to image hundreds of different types of cellphones. This tool is used by the Federal Bureau of Investigation (FBI) as well as police departments around the world. Cellebrite can generate reports in several different formats for productions or review, and all courts, including federal courts, recognize Cellebrite reports as forensically sound. Most of the data compiled using Cellebrite can also be loaded into Indexed I/O for review.

Simple, Cost-Effective Solutions
The discovery process does not need to be difficult or expensive. When you need to process and review electronic documents, there are solutions out there for firms of any size. To further ease the discovery process, we recommend checking your state discovery rules. Sometimes, these discovery rules can help reduce costs on the data collections.

Eide Bailly can assist with discovery and eDiscovery as well as forensic imaging, and we can save you money since there is no need to work with multiple vendors. Our forensics team can also assist with data collections to keep all metadata forensically sound. The team uses Cellebrite, the tool mentioned above, and they are qualified to collect data from all electronic devices, including computers, laptops, cell phones, social media accounts and more. We also ensure that all data will all be defensible in court, which is extremely important, especially after the federal rules were updated in 2017. (If you are unfamiliar with Federal Rules 902(13) and (14) take a minute to read this article for additional information.)

Eide Bailly is continually working on providing better and faster solutions to assist our clients. We’ve recently been researching additional tools to help with the legal process of discovery, including a tool that utilizes predictive coding as well as many other artificial intelligence (AI) features to help our clients with documents in electronic formats. If you’re interested in any of the tools mentioned above or are looking for additional solutions, contact our Fraud and Forensic Advisory team for more information.

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