Sherlocked Security – eDiscovery Support
Efficient, Secure, and Compliant Electronic Discovery Services
1. Statement of Work (SOW)
Service Name: eDiscovery Support
Client Type: Law Firms, Corporations, Government Agencies, Financial Institutions
Service Model: On-Demand Engagement & Retainer Support
Compliance Alignment: Federal Rules of Civil Procedure (FRCP), GDPR, HIPAA, PCI-DSS, SOC 2, ISO/IEC 27001
eDiscovery Support Covers:
- Identification, Preservation, and Collection of Electronically Stored Information (ESI)
- Data Processing and Filtering
- Review and Analysis of ESI
- Document Production
- Legal Hold Management
- Data Encryption & Security for Confidential Information
- Compliance with Legal & Regulatory Standards
- Expert Testimony & Support during Litigation
2. Our Approach
[Consultation] → [Data Identification & Collection] → [Data Processing & Filtering] → [Review & Analysis] → [Document Production] → [Expert Testimony & Litigation Support]
3. Methodology
- Initial Consultation: Understand the client’s legal needs, case context, and required eDiscovery scope.
- Identification & Preservation: Identify and preserve relevant Electronically Stored Information (ESI), ensuring no data is lost or altered. Implement legal hold procedures to prevent premature deletion or modification.
- Data Collection: Collect ESI from various sources (email, cloud, file servers, databases, mobile devices), ensuring chain of custody and compliance with legal standards.
- Data Processing & Filtering: Process the collected data using industry-leading tools to filter out irrelevant information and reduce volume, ensuring that only relevant data is reviewed.
- Review & Analysis: Conduct in-depth review and analysis of the data for privileged, confidential, and responsive documents using manual and automated review techniques.
- Document Production: Prepare and produce the final set of documents in the required format for submission to the opposing party or court.
- Expert Testimony & Support: Provide expert testimony and litigation support during trial or settlement discussions to support your case.
4. Deliverables to the Client
- eDiscovery Plan: A detailed plan outlining the entire eDiscovery process, including data collection, processing, review, and production timelines.
- Data Identification & Preservation Report: Documentation showing the identification of ESI and confirmation of preservation steps taken to avoid data loss.
- Processed Data: A filtered set of data that meets legal requirements, including metadata and associated information, ready for review.
- Review Findings & Analysis: Reports on the review of the documents, highlighting relevant, privileged, and confidential materials.
- Document Production Package: A final set of documents in the required format for production to the opposing party or court.
- Expert Testimony: Expert analysis, reports, and deposition or trial testimony in relation to eDiscovery matters, if needed.
5. What We Need from You (Client Requirements)
- Case Information: Provide details of the legal case, including scope, timelines, and specific ESI requirements.
- Access to Data Sources: Provide access to relevant data sources (email systems, cloud services, databases, etc.) for collection purposes.
- Identification of Key Custodians: Identify key individuals who may possess relevant documents and ESI for the case.
- Legal Hold Notice: Share any legal hold notices or processes that have already been issued to prevent data destruction.
- Data Protection Guidelines: Provide any internal security or privacy protocols that should be followed during eDiscovery activities.
6. Tools & Technology Stack
- Data Processing & Filtering:
- Relativity: Industry-leading eDiscovery platform for data processing, review, and production.
- Logikcull: Cloud-based eDiscovery platform for fast and automated document review.
- X1 Search: Advanced search tool for identifying and collecting ESI across multiple data sources.
- Nuix: Forensic-level processing and analysis of large data sets.
- Data Collection & Preservation:
- FTK Imager: Digital forensic tool for imaging and collecting data from devices while preserving chain of custody.
- Veritas Enterprise Vault: Data archiving solution for efficient collection and preservation of ESI from email systems.
- Document Review & Analysis:
- Relativity: A comprehensive review platform that integrates AI and analytics to help streamline the eDiscovery process.
- Brainspace: AI-powered analytics for faster document review and analysis.
- Data Encryption & Security:
- Vormetric: Provides encryption and key management to protect sensitive ESI during processing and production.
- Microsoft Azure Information Protection: Helps ensure that sensitive ESI is appropriately protected throughout the eDiscovery lifecycle.
7. Engagement Lifecycle
- Client Onboarding & Consultation: Understand the scope of the eDiscovery case, establish timelines, and plan data collection and preservation strategies.
- Data Collection: Begin data identification, collection, and preservation based on the client’s requirements and legal hold notices.
- Data Processing & Filtering: Process and filter the collected data to remove irrelevant or non-responsive material.
- Document Review & Analysis: Use a combination of manual review and advanced analytics to identify relevant documents for the case.
- Document Production: Prepare and produce the relevant documents in a format that complies with legal and regulatory standards.
- Expert Testimony & Support: Provide expert testimony and support throughout litigation to assist with eDiscovery issues.
8. Why Sherlocked Security?
Feature | Sherlocked Advantage |
---|---|
End-to-End eDiscovery Support | Comprehensive eDiscovery support from identification to document production and expert testimony. |
Proven Compliance | Expert knowledge of FRCP, GDPR, and other compliance requirements ensures your eDiscovery process is legally sound. |
Advanced Technology | Integration of state-of-the-art tools to streamline collection, review, and production while maintaining security. |
Scalability | Ability to handle eDiscovery needs of all sizes, from small cases to complex, large-scale litigation. |
Expert Legal Insights | In-depth understanding of eDiscovery best practices and legal nuances, providing value beyond the technical process. |
9. Real-World Case Studies
Law Firm – Complex Litigation
Client: A major law firm handling a large-scale corporate dispute.
Findings: The firm needed to process hundreds of thousands of documents across multiple custodians in a short timeframe.
Outcome: We efficiently collected, processed, and reviewed the documents, identifying key pieces of evidence that supported the client’s case. Our timely production of relevant documents helped the law firm prepare for trial and settle the case favorably.
Financial Institution – Regulatory Investigation
Client: A financial institution under investigation by a regulatory body for potential data privacy violations.
Findings: We worked with the client to ensure that all relevant data was identified, preserved, and processed for review under strict compliance with data privacy laws.
Outcome: Our thorough eDiscovery process enabled the institution to respond quickly to regulatory requests, ensuring compliance and mitigating potential penalties.
10. SOP – Standard Operating Procedure
- Legal Hold Notification: Issue and enforce legal holds on identified custodians to preserve relevant data.
- Data Collection: Use forensically sound methods to collect data from email systems, servers, cloud storage, and other sources.
- Data Processing: Filter and process collected data using industry-standard tools, ensuring only relevant documents are retained for review.
- Document Review: Conduct document review through manual review or AI-powered tools to identify responsive, privileged, and confidential materials.
- Data Production: Format documents according to the required production specifications, ensuring they are ready for submission.
- Final Reporting: Generate a detailed report summarizing the eDiscovery process, including data collection, analysis, and production outcomes.
11. eDiscovery – Readiness Checklist
1. Pre-Discovery Setup
- [ ] Legal Hold Issuance: Ensure that legal holds are issued to prevent premature deletion of relevant data.
- [ ] Data Source Inventory: Confirm all potential data sources (email, cloud, files) are identified.
- [ ] eDiscovery Tools: Implement necessary eDiscovery tools and technologies to support data processing and review.
- [ ] Data Security Protocols: Ensure that data security protocols are in place to protect sensitive data during collection, review, and production.
2. During Discovery Process
- [ ] Data Collection: Perform data collection using forensically sound techniques while maintaining chain of custody.
- [ ] Data Processing: Process the data to remove duplicates, filter out irrelevant material, and categorize data.
- [ ] Document Review: Review data for relevance and privilege using a combination of automated and manual techniques.
- [ ] Production: Produce the relevant documents in the required format and within the specified deadlines.
3. Post-Discovery Actions
- [ ] Final Report: Generate a final eDiscovery report summarizing the process, findings, and document production.
- [ ] Compliance Assurance: Confirm that the entire eDiscovery process meets all regulatory and compliance requirements.
- [ ] Review & Lessons Learned: Conduct a review to identify any improvements in the eDiscovery process for future cases.
4. Continuous Improvement
- [ ] Tool Review & Optimization: Periodically review and optimize the eDiscovery tools used to stay current with technological advancements.
- [ ] Staff Training: Continuously train staff on eDiscovery best practices, tools, and compliance requirements.
- [ ] Process Updates: Regularly update procedures based on lessons learned from previous engagements and industry changes.