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TERIS Announces Michael Ciaramitaro as Director of Forensic Services

Industry expert Michael Ciaramitaro joins TERIS to lead the Forensic Advisory Services.                                                                                                                                   

TERIS is happy to announce Michael Ciaramitaro as Director of Forensic Services. Mr. Ciaramitaro is a forward thinker with extensive experience in managing large, complex cases involving data preservation, forensic analysis, data mapping & analyzing ESI. TERIS is committed to providing unparalleled professional services, and Mr. Ciaramitaro addition is further evidence.

Mr. Ciaramitaro has over 16 years’ experience in the computer forensic and electronic discovery industry.  He has multiple certifications and formal training in computer forensics, data preservation and computer investigations.    Mr. Ciaramitaro guides clients through complex discovery with a clear and concise communication.

Mr. Ciaramitaro began his career in computer forensics as Senior Manager of Quality Assurance at Guidance Software during which he aided in development of EnCase. From there he went on to work PricewaterhouseCoopers in the Forensic Technology Services (FTS) division. Most recently, Mr. Ciaramitaro held an international executive leadership role at a FRONTEO; spearheading discovery for AM 100 and Fortune 100 organizations.

Nick Tuohy, Sr. eDiscovery Consultant, said “I had the pleasure of working with Michael back in 2011, and was excited to hear we’d add his expertise at TERIS. His influence will undoubtedly accelerate the continued organic growth of both our forensics division and TERIS as a whole.”

TERIS is a full-service litigation support services provider founded in 1996.   TERIS serves corporate and legal clients within the U.S. and internationally. We provide consultation-based solutions, state-of-the-art technologies and highly experienced team members.   www.TERIS.com

 

Austin     |     Houston     |     New York     |     Phoenix     |     Wilmington

TERIS eDiscovery Project Process: The 10 Key Steps

 

TERIS tightly manages an eDiscovery engagement by applying the 10 key industry-wide process steps, which help minimize the risks and exposure, while balancing the costs involved:

Screen Shot 11-07-17 at 02.03 PM 002Understand the Electronically Stored Information (ESI) Documents – Part of our job as goodconsultants on a case, is to invest significant resources to help the case team understand the policies and electronic information formats required for production.

Screen Shot 11-07-17 at 02.03 PM 001Data Preservation – Time is a critical element in managing electronic documents, where early drafting and delivery of preservation or legal hold notices can mean the difference in managing the risks and exposure. TERIS takes the extra precautions and manages all activities by utilizing the correct team, controls, tools, and documentation.

Screen Shot 11-07-17 at 02.03 PMAssign Matter Control – Choosing the right individual(s) or group with the critical mix of skills and resources required, is the first decision to make. TERIS is uniquely equipped to properly and skillfully manage all aspects of the project.

Screen Shot 11-07-17 at 02.02 PM 005Case Planning Meeting – In order to properly manage preservation and production, together with the associated timelines, all information needs be discussed: therefore the case planning meeting is the single most
important meeting for our TERIS discovery team to understand all aspects associated with the data in the case.

Screen Shot 11-07-17 at 02.02 PM 004Define the Strategy – In investigations that result in either civil or criminal litigation; all possibilities must be taken into consideration at every step of the EED process. Since we follow the guidelines and restrictions carefully, our processes and methodologies are easily defended.

Screen Shot 11-07-17 at 02.02 PM 003Map the Tasks – Maintaining continuity between a paper collection and the electronic documents are a primary focus. Clearly understanding what types of documents will be requested, helps us better understand how to proceed in assigning tasks for the various elements described in the subpoena.

Screen Shot 11-07-17 at 02.02 PM 001Data (ESI) Collection – Forensically sound collection methods and industry standard tools such as EnCase, LogicCube, FTK, Macro, and/or similar, must be utilized in order to avoid spoliation of data/metadata. TERIS employs the
most current, state-of-the-art tools, techniques, and methodologies for data acquisitions.”

Screen Shot 11-07-17 at 02.02 PM 002ESI Processing (reduction and conversion) – A detailed Specifications Sheet will be completed and approved by the Client, prior to beginning any processing.

 

Screen Shot 11-07-17 at 02.02 PMESI Review – The analysis-review-analysis-prepare stages of electronic document review is performed using either a document management system hosted by the law firm, client, or by utilizing a Web-based document review and repository platform hosted by TERIS.

Screen Shot 11-07-17 at 02.01 PMProduction of ESI – Production in electronic format enables a much more efficient review than paper productions. Understanding that all too often the “producing to” party often uses unconventional or dissimilar review tools, TERIS can produce production sets for almost any system.

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4 Ways to Survive eDiscovery Expectations

Federal Judges Give 4 Ways to Survive eDiscovery Expectations

At Exterro’s inFusion Conference, three judges discussed how legal teams can keep up with FRCP requirements in an increasingly complex digital world.

 

Extract from article by Rhys Dipshan | Legaltech News

Ever since the 2015 amendments to the Federal Rules of Civil Procedure (FRCP), federal judges have been pushing attorneys to be more cognizant of their proportionality and preservation responsibilities in e-discovery. But while there has been some success in attorneys adapting to a new e-discovery landscape, many still believe there is much ground left to cover.

At inFusion 2017’s “State of E-Discovery: A Candid E-Discovery Conversation between 3 Judges” session, three federal judges offered advice on how legal teams can best adhere to new e-discovery expectations. The panelists were retired Magistrate Judge Frank Maas, Magistrate Judge Andrew Peck of the Southern District of New York, and District Judge Xaiver Rodriguez of the Western District of Texas. Here are some of their tips:

1. Be Mindful of New Data Types

“There is always a cutting-edge technology in terms of communication” that poses problems for e-discovery practitioners, Judge Maas said. “Back in the ‘90s it was email, now it’s text messaging and other media like that. There is the problem that corporations by and large don’t know where their data is, who is keeping it, or where it is kept.”

Rodriguez agreed, specifically singling out text messages as a “real challenge” and the “latest obstacle” facing e-discovery. Given the amount of remote workers in the economy, he added, it is often the case that managers and their employees will communicate through text messages that “bypass all a company’s [communication] systems,” of which they have oversight.

While the judges advised that e-discovery practitioners should be implementing processes to capture such text communications, they also offered some leeway for clients who are unable to collect relevant data because of technology, cost or workflow limitations.

“I have had more than one attorney say to me, we don’t preserve the [text messages],” Maas said. “That is fine, so long as you have an agreement with the other side that they are not going to produce” text messages either.

2. Communicate with Your Outside Counsel

Judges, however, expect attorneys to know the limits of their clients’ production abilities, and what is reasonable to produce in today’s industry.

“Outside counsel has to be knowledgeable about what can or can’t be done,” said Judge Peck. He later added, “There is nothing worse, since it is usually the outside counsel that appears in front of us making some presentation in the court about what [their client] company has done or will do, and it turns out to not be entirely accurate.”

Judge Peck added that the onus is on lawyers and judges alike to know what type of digital content can currently be reasonably produced, so they can push back on parties’ claims that certain productions are too expensive or complex to undertake.

3. Document Everything

The 2015 FRCP amendments strengthened proportionality arguments in production and preservation, giving corporations more leeway in deleting data in-house. But Judge Rodriguez explained that though corporations can erase data with more confidence, they are still “going to have to be able to demonstrate later down the road why you aren’t keeping this stuff.”

He advised legal teams to document the reasons that in-house data not governed any business, regulation, or litigation demands was erased.

And such reasons can be entirely business-driven, Judge Maas said. “If you’re in good faith, exercising business judgement and making a cost benefit analysis… I think that is something most judges expect.

Still, Judge Rodriguez noted that such documented reasons for erasing data will likely be heavily scrutinized. He advised corporate teams to “loop back in with outside counsel to get their opinion,” when erasing in-house data.

4. Obtain Federal Rules of Evidence 502(d) Orders

For Judge Peck, one of the least understood or used protections afforded to e-discovery practitioners is Federal Rule of Evidence 502(d) orders.

“Rule 502(d) says that if the court signs an order, production of privileged material in the litigation, whether inadvertent or not, is not a waiver of the attorney client or work product privilege,” he explained.

Peck noted that such a court order is a necessary safeguard for today’s e-discovery teams given the amount of information they produce. “I can virtually guarantee some privileged material will slip through.”

He added, “It is akin to malpractice if you’re the producing party and you have more than five documents to produce, to not consider or obtain a 502(d) order.”

Read the complete article at Law.com

 

Man in business shirt playing with toy blocks on wood desk. There are compliance related words printed on the blocks

The eDiscovery Business Confidence Survey

The Challenge of Budgetary Constraints: eDiscovery Business Confidence Survey Results – Fall 2017

By: Complex Discovery

The eDiscovery Business Confidence Survey

The eDiscovery Business Confidence Survey is a non-scientific quarterly survey designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem.The survey consists of nine multiple choice questions focused on factors related to the creation, delivery, and consumption of eDiscovery products and services. The survey is open to legal, business, and information technology professionals operating in the eDiscovery ecosystem and individuals are invited to participate via the ComplexDiscovery blog, via social media, and via direct email invitations.

Initiated in January 2016, to date the survey has been administered seven times with 842 individual responses.

Fall 2017 Survey Results

The Fall 2017 Survey response period was initiated on October 5, 2017, and continued until registration of approximately 100 responses (October 17, 2017). This limiting of responders to approximately 100 individuals is designed to create linearity in the number of responses and ease the administration for each quarterly survey.

While individual answers to the survey are confidential, the aggregate results are published without commentary below to highlight the business confidence level of participants regarding economic factors impacting the creation, delivery, and consumption of eDiscovery products and services during the Fall of 2017.


n = 100 Respondents

1. Which of the following segments best describes your business in eDiscovery?
Part of the eDiscovery ecosystem where your organization resides.

Software and/or Services Provider – 44%

Law Firm – 35%

Consultancy – 11%

Corporation – 4%

Media/Research Organization – 0%

Other – 3% (Education)

Governmental Entity – 3%

2. How would you rate the current general business conditions for eDiscovery in your segment?
Subjective feeling of business performance when compared with business expectations.

Good –55%

Normal – 36%

Bad – 9%

3. How do you think the business conditions will be in your segment six months from now?
Subjective feeling of business performance when compared with business expectations.

Better – 55%

Same – 41%

Worse – 4%

4. How would you guess revenue in your segment of the eDiscovery ecosystem will be six months from now?
Revenue is income generated from eDiscovery-related business activities.

Higher – 56%

Same – 39%

Lower – 5%

5. How would you guess profits in your segment of the eDiscovery ecosystem will be six months from now?
Profit is the amount of income remaining after accounting for all expenses, debts, additional revenue streams, and operating costs.

Same – 44%

Higher – 45%

Lower – 11%

6. Of the six items presented below, what is the issue that you feel will most impact the business of eDiscovery over the next six months?
Challenges that may directly impact the business performance of your organization.

Budgetary Constraints – 31%

Increasing Volumes of Data – 24%

Data Security – 13%

Lack of Personnel – 11%

Increasing Types of Data – 11%

Inadequate Technology – 10%

7. In which geographical region do you primarily conduct eDiscovery-related business?
The location from which you are basing your business assessments.

North America (United States) – 89%

North America (Canada) – 4%

Europe (UK) – 3%

Europe (Non-UK) – 3%

Asia/Asia Pacific – 1%

Central/South America – 0%

Middle East/Africa – 0%

8. What are best describes your primary function in the conduct of your organization’s eDiscovery-related business?

Legal/Litigation Support – 69%

Business/Business Support (All Other Business Functions) – 26%

IT/Product Development – 5%

9. What are best describes your level of support in the conduct of your organization’s eDiscovery-related business?

Executive Leadership – 48%

Operational Management 36%

Tactical Execution – 16%

All credit for this survey goes to Rob Robinson and Complex Discovery. We do not take credit for taking part in this survey or in its creation. We thought it was an interesting view into the eDiscovery space that was worth sharing.

To see the full meta data and original article visit: https://www.complexdiscovery.com/info/2017/10/18/challenge-of-constraints-ediscovery-business-confidence-survey-results-fall-2017/

 

Is This the End of Email

Common Mobile Discovery Challenges

If gathering data from mobile devices wasn’t hard enough, with the rapid increase in technology and privacy laws mobile discovery may become some firms biggest obstacle.

According to Microsoft “67% of people use personal devices for work, regardless of an official BYOD policy that may limit or prohibit their use” further showing the impact that mobile discovery will play in the future.

As more companies start to implement BYOD policies, their will also be a rise in the challenges when trying to gather data from employee devices. When it comes to types of discover-able data from a mobile device it can include any of the below:

Phone Logs, Email, Texts, GPS, Photos, Videos, Browsing History, App History, Search History, Calendar, Contacts and much more.

Here are a few of the most comment problems encountered with mobile discovery:

Limited access to devices

Increase in the number of new devices and types of encryption out there

Increased BYOD privacy and security on devices.

Cell phone carriers don’t hold data for that long

To emphasize our last bullet point we have included the Department of Justice’s “Retention Periods of Major Cellular Service Providers” document.

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Five Lessons All Companies Can Learn From The Equifax Data Breach

 

Extract from article by David Duff Beach and Scott Hall

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years.  While many companies may be relieved not to be in Equifax’s position right now, no company is immune to data breaches. 

Those who fail to learn key lessons from Equifax’s mistakes may find themselves in the next headline.  Accordingly, companies in every industry, and of every size, that maintain any type of sensitive personal data—whether it be of customers, employees, or data maintained on behalf of others—should study the Equifax situation and ensure that they are better prepared for a data breach incident.

eDiscovery Conferences Fall/Winter 2017

With all of the recent buzz around eDiscovery and legal technology conference lately we decided to provide a list of some other noteworthy conferences to take a look at. If you think we  missed one please let us know!

Questions to Consider Before Choosing an eDiscovery Vendor

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5 Questions to Consider Before Choosing an eDiscovery Vendor

9/13/2017 | Josh Markarian | Marketing Associate

With big data on the rise and the increased need for highly qualified and capable eDiscovery vendors in high demand, here are some things to consider before selecting your next vendor. Now more than ever, its important to have a vendor that not only is current with the trending technology, and updated laws and regulation but also well experienced with all of them. These questions are meant to aid you in your search for the perfect eDiscovery vendor.

1. Are they secure?

With the increase of cyber attacks on the rise, proper information governance is one of the most important attributes an eDiscovery vendor can posses. Some things to look for are:

how are they preserving your data
Are they making multiple copies of your data (pristine and working)
Are they placing your hard copies into a secured facility
Most importantly, are they SOC 2 certified.

2. What licensed technology software do they use? (Software-as-a-Service)

Technology is a driving factor behind the recent changes in the eDiscovery field, therefor if you vendor is using the most relevant powerful software’s you could be wasting spending. More importantly the vendor should have a deep understanding of the software because otherwise its essentially ineffective. Some partnerships to look for are:

EnCase
Relativity
Nuix
Xera
Clearwell
iCONECTnXT
Zapproved
Soulutionary

3. What levels of support are available?

When working with strict laws and regulations that enforce deadlines and attention to detail it is imperative that you choose a vendor with multiple layers of support. Another key thing to look for is do they have relations with other vendors in the area so that if it comes to it they can outsource some of the work to make sure all your deadlines are met.
Some considerations here include:

How available are the vendor’s employees during non-business hours
How are cases staffed
Who are the points of contact
How are issues escalated

4. What is their scope of services

The most efficient way to choose a vendor is find one that has the resources and capabilities to perform multiple services. This reduces costs and risks by reducing the number of vendors involved.As a sample here are the services that we here at TERIS offer to give a good example of a vendor with a wide range of services:

Consulting                                         eDiscovery
Managed Services                            Court Reporting
Data Analytics                                   Repository Hosting
Digital Forensics                               Document Imaging
Project Management                       Traditional Reprographics
Managed Review

The time and costs that can be associated with legal discovery can be very expensive and can also become a liability if your vendor mishandles the case or data. We hope this article served some benefit to you in your search for your next eDiscovery Vendor.

Our Favorite eDiscovery Info-graphics of 2017 (So Far)

 

 

Our Favorite eDiscovery Info-graphics of 2017 (So Far)

9/08/2017 |Josh Markarian | Marketing Associate

In an industry dominated by big data, sometimes it’s useful to take a look at trends and other information in a new way. Info-graphics are a great tool for getting across information and data visualization.

In no particular order here are a few of our favorites:

Relativity

Topic: Cyber Security & Data Privacy, Legal & Industry Education

Relativity recently commissioned a survey conducted by Harris Poll among 1,013 US adults age 18 and older who were employed full-time or part-time, working in a traditional office setting for at least 50 percent of the time, and are not freelancers (referred to as “employees” throughout).

They learned that although nearly all employees (98 percent) say their privacy is important to them, the majority (60 percent) have used their personal device in some way while connected to their company’s WiFi, which potentially sacrifices that privacy while at work. Here’s a look at the results and how employers can protect themselves against excess data proliferation.

Screen Shot 09-08-17 at 10.17 AM

 

Kroll Discovery

Topic: What is eDiscovery?

“Big data” is doubling in size every two years, which is creating bigger risks and rising eDiscovery costs for companies. This info-graphic is a good visual for those new to eDiscovery.

Screen Shot 09-08-17 at 10.25 AM

 

E-Discovery Unfiltered

Topic: Key eDiscovery Trends in 2017

E-Discovery Unfiltered Info-graphic: Key E-Discovery Trends in Corporate Law Departments for 2017. Great macro view of the eDiscovery environment

InfoGraphic-Ari-Kaplan

 

If you think we missed a major one let us know! We hope you found these as useful as we do.

The 11 Key Advantages of Managed Services

The 11 Key Advantages of Managed Services

Due to the exponential growth in electronic business documents, many firms and companies are discovering the benefits of partnering with a dedicated and competent litigation support services firm for Managed Services, including:

Providing a vast knowledge base, systems and processes that solve any procedural gaps that may exist in-house

Avoiding competing for resources that law firms, specialty practices, consulting firms, and other corporations are fighting for

Managing the data and workflow outside of retained counsel can reduce exposure to costly risks – which is especially important considering how complex, prolonged and unpredictable eDiscovery matters can be

Reducing the costs of managing internal staff and systems in-house, which do not pencil-out – especially considering the cyclic nature of eDiscovery matters.

Our free article will teach you:

The 11 key advantages of Managed Services!

Why Managed Services are the wave of the future for smart firms!

This quick read will help you better understand the benefits of Managed Services and how partners such as TERIS can help you. Download it here!