Electronic Discovery Services

Contingency Planning: Companies faced with a steady threat of litigation and/or investigative actions realize the need to establish defined strategies to enact for purposes of a good defensive litigation. The creation of a contingency plan in the event of litigation can save an organization millions of dollars and instill a high level of confidence that the efforts enacted will obtain the approval of the courts.

Records Retention Policy Review: Many companies either don't have a defined records retention policy or don't enforce the policy consistently throughout their organization. Moreover, many of the existing policies were created before the threat of 'electronic discovery' was ever realized. D6 assists companies in reviewing their current records retention policy and exposes risks related to litigation and updates the effectiveness of such policies.

Data Identification and Preservation: When a company is faced with litigation all relevant data in the matter at hand must be preserved accurately. Since electronic data systems do not centrally store data in categorized files as is done with paper documents, companies face great difficulty in determining what data must be preserved. The potential risk for not preserving all relevant data is high and can result in sanctions of millions of dollars in criminal prosecutions of the companies' officers. A common response is to "save it all". Although this approach will minimize the risk of spoliation claims, it could in effect stop all operations of the company.

Companies that cannot operate, due to strict data preservation requirements, cannot make money and continue to operate. The experts within D6 assist businesses and litigators in identifying potential data sources and narrowing the preservation efforts based upon actual data owners ("custodians"). Only when Proper identification of relevant data sources and potential custodians is accomplished can a client implement efficient and effective data preservation requirements that will not interfere with normal business operations.

Preservation Methodology Development/Implementation: Once preservation and technical scoping have been completed. Technical aspects of the electronic systems that hold the potentially relevant data must be assessed and understood. Moreover, implementation must be done in a way that is the least disruptive and cost efficient for the company. Successful implementation can only come from experience and expertise.

Compliance Testing: The implementation of a compliance testing policy is critical in retaining the defensibility of a data preservation methodology throughout the course of litigation. Data preservation requirements can extend for many years. It is imperative that all parties remain diligent in following these conditions. Courts have established that a company must 'ensure' that these plans are followed and adhered to during the course of the litigation. D6 offers the best compliance testing available.

Forensic Data Collection: During preservation implementation and data collection it is crucial that electronic data is collected in a forensically sound process. Electronic data by its nature is volatile and easily manipulated. Metadata is the data about the original electronic files. The metadata collected may be changed and modified by simply copying or viewing the electronic records. Therefore, metadata itself can be vital evidence in a case. It is essential that forensically sound practices be used to collect and prepare the electronic data to ensure the original file data and metadata is accurately preserved. We offer collection services that are fast, thorough, and efficient.

Data Processing and Filtering: After the collection of electronic data has been completed, it must be processed into a standard format to allow searching and reviewing of the data by counsel and then prepared for production to the opposing party. D6 data processing not only converts the many different electronic data formats to a standard and usable layout but also identifies and removes duplicate items as a cost saving exercise. D6 also applies its experience in fine-tuning search strategies to correctly identify relevant data and significantly reduce the number of false-positive search results. A typical data collection exercise will collect hundreds of thousands or millions of documents that could potentially contain relevant information to the investigative matter at hand. D6 provides strategic data filtering and search processes to save time and money for its clients.

Data Hosting for Review: Once the data has been processed and filtered, it needs to be placed into an environment for the client or law firm to analyze and review. D6 utilizes a web-based hosting and review platform that allows our clients to easily review their data anywhere in the world as long as they have a computer and an Internet connection. This review platform allows our clients to review responsive items, redact them if necessary and document their responsiveness to the investigative matter. In addition, our clients can run additional searches on the subset of data and create production sets for the opposing side.

Data Production: After the preservation, collection, processing and review of data, the resulting responsive information must be produced to the opposing party whether it is in litigation or governmental inquiry. The data must be produced in a manner that serializes each document but still affords the opposing party the same technical advantage as the producer. There are a number of ways to comply with these legal requirements; however each has its risks and benefits. The type, volume and desired delivery format of the data will dictate the best method for production.

Expert Testimony: All of the services provided by D6 are considered expert services. However our clients, for the purpose of litigation, can designate us as consulting experts or testifying experts. As testifying experts D6 is called upon to opine on existing facts and interpretation of those facts and render an opinion. Our expert testimony service encompasses every facet of the electronic discovery process. D6 also provides expert testimony in forensic technology. This service includes the examination of electronic data in the role of a consulting expert or testifying expert.

Court Appointments: The ever increasing proliferation of electronic data in legal matters has required the courts to more frequently appoint 'Special Masters' or independent neutral experts to assist in the introduction and translation of electronic records. D6 has served in many matters as a 'Special Master' and independent court appointed neutral expert in both State and Federal court matters.