U.S. patent application number 12/730785 was filed with the patent office on 2010-09-30 for initiating collection of data in an electronic discovery system based on status update notification.
This patent application is currently assigned to BANK OF AMERICA CORPORATION. Invention is credited to David M. Andersen, Michael J. Mayer, Emerson D. Miller.
Application Number | 20100250308 12/730785 |
Document ID | / |
Family ID | 42785371 |
Filed Date | 2010-09-30 |
United States Patent
Application |
20100250308 |
Kind Code |
A1 |
Mayer; Michael J. ; et
al. |
September 30, 2010 |
INITIATING COLLECTION OF DATA IN AN ELECTRONIC DISCOVERY SYSTEM
BASED ON STATUS UPDATE NOTIFICATION
Abstract
Embodiments of the invention relate to systems, methods, and
computer program products for improved electronic discovery. More
specifically, embodiments relate to initiating collection of data
from electronic discovery custodians and/or devices associated with
the custodian based on status update notification. The status
update may include, but are not limited to, changes/updates in
employment status of a custodian and/or changes/updated in the use
status of a device associated with the custodian. As such, present
embodiments of the method monitor status update on timely
predetermined schedule, such as once every business day or the
like, to insure that status updates/changes are recognized within
the electronic discovery system as they occur or immediately
thereafter. Once status changes are recognized that affect a
custodian, embodiments of the present invention, provide for
automated initiation of data collection.
Inventors: |
Mayer; Michael J.;
(Charlotte, NC) ; Andersen; David M.; (Charlotte,
NC) ; Miller; Emerson D.; (Charlotte, NC) |
Correspondence
Address: |
MOORE & VAN ALLEN, PLLC FOR BOFA
430 DAVIS DRIVE, SUITE 500, POST OFFICE BOX 13706
RESEARCH TRIANGLE PARK
NC
27709
US
|
Assignee: |
BANK OF AMERICA CORPORATION
Charlotte
NC
|
Family ID: |
42785371 |
Appl. No.: |
12/730785 |
Filed: |
March 24, 2010 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
|
|
61164276 |
Mar 27, 2009 |
|
|
|
Current U.S.
Class: |
705/311 |
Current CPC
Class: |
G06F 16/325 20190101;
G06Q 50/18 20130101; G06F 16/35 20190101; G06Q 30/02 20130101 |
Class at
Publication: |
705/7 |
International
Class: |
G06Q 10/00 20060101
G06Q010/00 |
Claims
1. A method for initiating collection of data in an electronic
discovery system, the method comprising: receiving, at a computing
device, notification of a status update associated with a custodian
assigned to a case in an enterprise-implemented electronic
discovery system; and initiating, at a computing device, collection
of data associated with the custodian in automatic response to the
notification of status update.
2. The method of claim 1, wherein receiving further comprises,
receiving, at the computing device, on a predetermined schedule,
notification of status update for at least a portion of the
enterprise and determining, at the computing device, that the
notification of status update includes the custodian.
3. The method of claim 2, wherein receiving further comprises,
receiving at the computing device, at least daily, notification of
status update for at least a portion of the enterprise.
4. The method of claim 1, wherein receiving further comprises
receiving, at the computing device, notification of a status update
associated with the custodian, wherein the status update is an
employment status update.
5. The method of claim 4, wherein receiving further includes
receiving, at the computing device, notification of an employment
status update associated with the custodian, wherein the employment
status update is one of a change to active status, a change to
inactive status, a change to leave-of-absence status, a change to
terminated status, or a change to resigned status.
6. The method of claim 1, wherein receiving further comprises
receiving, at the computing device, notification of a status update
associated with the custodian, wherein the status update is a
device status update for a device associated with the
custodian.
7. The method of claim 1, wherein receiving further comprises
receiving, at the computing device, notification of a status update
associated with the custodian, wherein the status update is a
network access status update for associated with the custodian.
8. The method of claim 1, wherein initiating further comprises
generating and communicating, at the computing device, an
electronic communication to one or more predetermined electronic
discovery associates, wherein the electronic communication notifies
the one or more electronic associates of the status update.
9. The method of claim 8, wherein generating and communicating
further comprises generating and communicating, at the computing
device, the electronic communication to the one or more
predetermined electronic discovery associates, wherein the one or
more predetermined electronic discovery associates are
predetermined based on one or more types of status updates
designated by the electronic discovery associates.
10. The method of claim 8, wherein generating and communicating
further comprises, generating, at the computing device, the
electronic communication, wherein the electronic communication
includes a link to a electronic discovery database of electronic
discovery associates having an association with the custodian.
11. The method of claim 1, wherein initiating further comprises
collecting, at the computing device, data associated with the
custodian in automatic response to the receipt of the notification
of status update.
12. The method of claim 11, wherein collecting further comprises,
collecting, at the computing device, active email data associated
with the custodian in automatic response to the receipt of the
notification of status update.
13. The method of claim 11, wherein collecting further comprises,
collecting, at the computing device, local data at one or more
devices associated with the custodian in automatic response to the
receipt of the notification of status update.
14. The method of claim 13, wherein collecting further comprises
collecting, at the computing device, local data if local data has
not been collected within a predetermined period of time.
15. The method of claim 11, collecting further comprises,
collecting, at the computing device, shared drive data associated
with the custodian in automatic response to the receipt of the
notification of status update.
16. The method of claim 15, wherein collecting further comprises
collecting, at the computing device, shared data if shared drive
data has not been collected within a predetermined period of
time.
17. An apparatus for initiating collection of data in an electronic
discovery system, the apparatus comprising: a computing platform
including at least one processor and a memory; and an electronic
discovery application stored in the memory, executable by the at
least one processor and including: a status monitoring routine
configured to receive notification of one or more status updates
associated with one or more custodians assigned to one or more
active cases in an enterprise-implemented electronic discovery
system, and a data collection initiation routine configured to
initiate collection of data associated with the custodian in
automatic response to the notification of status update.
18. The apparatus of claim 17, wherein the status monitoring
routine is further configured to receive, on a predetermined
schedule, notification of the one or more status updates for at
least a portion of the enterprise.
19. The apparatus of claim 18, wherein the electronic discovery
application further includes a custodian determining routine
configured to determine that the notification of status update
includes one or more custodians assigned to one or more active
cases.
20. The apparatus of claim 18, wherein the status monitoring
routine is further configured to receive, at least daily, the
notification of status update for at least a portion of the
enterprise.
21. The apparatus of claim 17, wherein the status monitoring
routine is further defined as an employment status monitoring
routine configured to receive notification of employment status
updates associated with the one or more custodians.
22. The apparatus of claim 21, wherein the employment status
monitoring routine is further configured to receive notification of
the employment status update associated with the one or more
custodians, wherein the employment status update is one of a change
to active status, a change to inactive status, a change to
leave-of-absence status, a change to terminated status, or a change
to resigned status.
23. The apparatus of claim 17, wherein the status monitoring
routine is further defined as a device status monitoring routine
configured to receive notification of one or more device status
updates, wherein a device in the device status updates is
associated with at least one custodian.
24. The apparatus of claim 17, wherein the status monitoring
routine is further defined as a network access status monitoring
routine configured to receive notification of one or more network
access status updates associated with at least one custodian.
25. The apparatus of claim 17, wherein the data collection
initiation routine further comprises an electronic communication
generator configured to generate and initiate communication to one
or more predetermined electronic discovery associates, wherein the
electronic communication notifies the one or more electronic
associates of the status update for one or more custodians.
26. The apparatus of claim 25, wherein the electronic communication
generator is further configured to generate the electronic
communication and initiate the communication to one or more
predetermined electronic discovery associates, wherein the one or
more predetermined electronic discovery associates are
predetermined based on one or more types of status updates
designated by the electronic discovery associates.
27. The apparatus of claim 25, wherein the electronic communication
generator is further configured to generate the electronic
communication that includes a link to an electronic discovery
database of electronic discovery associates having an association
with the one or more custodians.
28. The apparatus of claim 17, wherein the data collection
initiation routine further comprises a data collector configured to
collect data associated with the one or more custodians in
automatic response to receipt of the notification of one or more
status updates.
29. The apparatus of claim 28, wherein the data collector is
further configured to collect active email data associated with the
one or more custodians in automatic response to the receipt of the
notification of one or more status updates.
30. The apparatus of claim 28, wherein the data collector is
further configured to collect local data at one or more devices
associated with the one or more custodian in automatic response to
the receipt of the notification of one or more status update.
31. The apparatus of claim 30, wherein the data collector is
further configured to determine if local data has been collected
for one or more of the custodians within a predetermined period of
time and collect the local data if local data has not been
collected within a predetermined period of time.
32. The apparatus of claim 28, wherein the data collector is
further configured to collect shared drive data associated with the
one or more custodians in automatic response to the receipt of the
notification of one or more status updates.
33. The apparatus of claim 32, wherein the data collector is
further configured to determine if shared drive data has been
collected for the one or more custodians within a predetermined
period of time and collect the shared data if shared drive data has
not been collected within a predetermined period of time.
34. A computer program product comprising: a computer-readable
medium comprising: a first set of codes for causing a computer to
receive notification of a status update associated with a custodian
assigned to a case in an enterprise-implemented electronic
discovery system; and a second set of codes for causing a computer
to initiate collection of data associated with the custodian in
automatic response to the notification of status update.
35. The computer program product of claim 34, wherein the first set
of codes is further configured to cause the computer to receive, on
a predetermined schedule, notification of status update for at
least a portion of the enterprise and determine that the
notification of status update includes the custodian.
36. The computer program product of claim 35, wherein the first set
of codes is further configured to cause the computer to receive, at
least daily, notification of status update for at least a portion
of the enterprise.
37. The computer program product of claim 34, wherein the first set
of codes is further configured to cause the computer to receive the
notification of the status update associated with the custodian,
wherein the status update is an employment status update.
38. The computer program product of claim 37, wherein the first set
of codes is further configured to cause the computer to receive
notification of an employment status update associated with the
custodian, wherein the employment status update is one of a change
to active status, a change to inactive status, a change to
leave-of-absence status, a change to terminated status, or a change
to resigned status.
39. The computer program product of claim 34, wherein the first set
of codes is further configured to cause the computer to receive
notification of a status update associated with the custodian,
wherein the status update is a device status update for a device
associated with the custodian.
40. The computer program product of claim 34, wherein the first set
of codes is further configured to cause the computer to receive
notification of a status update associated with the custodian,
wherein the status update is a network access status update
associated with the custodian.
41. The computer program product of claim 34, wherein the second
set of codes is further configured to cause the computer to
generate and communicate an electronic communication to one or more
predetermined electronic discovery associates, wherein the
electronic communication notifies the one or more electronic
associates of the status update.
42. The computer program product of claim 41, wherein the second
set of codes is further configured to cause the computer to
generate and communicate the electronic communication to the one or
more predetermined electronic discovery associates, wherein the one
or more predetermined electronic discovery associates are
predetermined based on one or more types of status updates
designated by the electronic discovery associates.
43. The computer program product of claim 41, wherein the second
set of codes is further configured to cause the computer to
generate the electronic communication, wherein the electronic
communication includes a link to an electronic discovery database
of electronic discovery associates having an association with the
custodian.
44. The computer program product of claim 34, wherein the second
set of codes is further configured to cause the computer to collect
data associated with the custodian in automatic response to the
receipt of the notification of status update.
45. The computer program product of claim 44, wherein the second
set of codes is further configured to cause the computer to collect
active email data associated with the custodian in automatic
response to the receipt of the notification of status update.
46. The computer program product of claim 44, wherein the second
set of codes is further configured to cause the computer to collect
local data at one or more devices associated with the custodian in
automatic response to the receipt of the notification of status
update.
47. The computer program product of claim 46, wherein the second
set of codes is further configured to cause the computer to collect
local data if local data has not been collected within a
predetermined period of time.
48. The computer program product of claim 44, wherein the second
set of codes is further configured to cause the computer to collect
shared drive data associated with the custodian in automatic
response to the receipt of the notification of status update.
49. The computer program product of claim 48, wherein the second
set of codes is further configured to cause the computer to collect
shared data if shared drive data has not been collected within a
predetermined period of time.
Description
CLAIM OF PRIORITY UNDER 35 U.S.C. .sctn.119
[0001] The present application for patent claims priority to
Provisional Application No. 61/164,276 entitled "Electronic
Discovery System" filed Mar. 27, 2009, and assigned to the assignee
hereof and hereby expressly incorporated by reference herein.
FIELD
[0002] In general, embodiments of the invention relate to methods,
systems, apparatus and computer program products for electronic
discovery and, more particularly, initiating collection of data
from custodians in an electronic discovery system based on status
update notification.
BACKGROUND
[0003] Electronic discovery, commonly referred to as e-discovery,
refers to any process in which electronic data is sought, located,
secured and searched with the intent of using it as evidence in a
legal proceeding, an audit, a securities investigation, a forensics
investigation or the like. E-discovery can be carried out offline
on a particular computer or it can be accomplished in a network
environment.
[0004] The nature of digital data makes it extremely well-suited
for investigation. In particular, digital data can be
electronically searched with ease, whereas paper documents must be
scrutinized manually. Furthermore, digital data is difficult or
impossible to completely destroy, particularly if the data is
stored in a network environment. This is because the data appears
on multiple hard drives, and because digital files, even if
deleted, generally can be undeleted. In fact, the only reliable
means of destroying digital data is to physically destroy any and
all hard drives where it is stored.
[0005] In the process of electronic discovery, data of all types
can serve as evidence. This can include text, image, calendar event
data, databases, spreadsheets, audio files, multimedia files, web
sites and computer programs. Electronic mail (i.e., e-mail) can be
an especially valuable source of evidence in civil or criminal
litigation, because people are often less careful in these
exchanges than in hard copy correspondence such as written memos or
postal letters.
[0006] E-discovery is an evolving field that goes far beyond mere
technology. It gives rise to multiple issues, many of which have
yet to be resolved. For example, identifying data required to
satisfy a given discovery request, locating the appropriate set of
data that has been identified, and retrieving the data once it has
been identified and located all pose problems in and of themselves.
This is especially evident if the data that is being identified,
located and retrieved comes from an evolving or disparate
enterprise, such as a corporation that has experienced mergers,
acquisitions, downsizing and the like. Mergers and acquisitions
mean that the technology infrastructure across the enterprise may
vary, at least in the interim. However, e-discovery must be able
locate and retrieve data from these disparate technology
infrastructure in a timely fashion, sometimes within days of when
the merger/acquisition occurs.
[0007] In addition to identifying, locating and retrieving digital
data, the most critical part of any electronic discovery is the
preservation of data, which involves maintaining an original source
copy and storing it for preservation purposes or furthering
processing. This too becomes a daunting task for the enterprise
system that encompasses a myriad of different technology
infrastructures and the like. Therefore, a need exists to improve
the identification, location, retrieval and preservation processes,
especially in instances in which the enterprise system includes
disparate technology infrastructures and the like.
[0008] As previously noted, e-discovery, as opposed as conventional
discovery of printed materials, provides for the ability to filter
or search the data so as to reduce the volume of data to only that
which is relevant to the request. Such searching is typically
accomplished by determining a specific date range for the request,
providing key words relevant to the case and the like. Improvements
in the area of searching are greatly in need to further add
efficiency to the overall e-discovery process.
[0009] Once data has been retrieved, preserved and, in some
instances, searched the electronic data may be reviewed by the
requesting entry, such as a law firm, securities commission or the
like. While large requests are generally suited for online review,
the manner in which the data is presented for review adds
efficiency to the review process and ultimately drives the cost of
the review process. Therefore, improvements in the manner in which
data is presented for review are also desirable as a means of
increasing efficiency and reducing costs.
[0010] Lastly, once the digital data has been reviewed, data
identified as relevant may need to be produced in a tangible format
for further analysis or legal evidentiary purposes. The produced
documents must be properly identified and include necessary
redactions and confidentiality markings.
[0011] Up until now, e-discovery management has been conducted on a
case-by-case basis, meaning all tasking and workflow related to the
e-discovery is based at the case level. Such management does not
allow for finer granularity in the management of a case or for
links to exist between different cases for the purpose of
leveraging the e-discovery related to one case to another new or
pre-existing case. Therefore, a need exists to improve the manner
in which cases are managed and, in particular, how tasking and
workflow are managed depending on case requirements and the
like.
[0012] One specific problem associated with electronic discovery
and, specifically electronic discovery conducted on a large
enterprise wide scale, is the spoliation of evidence that may occur
due to the sheer size of the enterprise, timeliness of taking
action and the act. For example, an individual may be added to a
electronic discovery case and identified as someone from whom data
is or will be collected, referred to herein as a custodian. If,
prior to initiating or completing the collection of data from the
custodian, the custodian changes employment status, such as being
terminated, resigning, changing to inactive status or the like, the
need to collect data from the custodian becomes immediate. However,
all too often, the electronic discovery system and/or electronic
discovery associates do not become aware of the change in
employment status until a later date; at which point the
custodian's relevant data may no longer be accessible to the
electronic discovery system. This is because, in certain instance,
a custodian's hard drive or other storage medium may be
re-configured within a matter of days of a status change, such as
termination or the like, prior to the electronic discovery system
having the opportunity to collect the data from the associated
devices.
[0013] In addition to employment status updates/changes, other
types of status changes may also lead to spoliation of evidence in
an electronic discovery system. In this regard, devices within the
enterprise network or system may undergo status changes. For
example, a device associated with a custodian may be re-assigned to
another individual in the enterprise, prompting re-configuration of
the hard drive and loss of pertinent discoverable data. In other
instances, a device associated with a custodian may obsolete,
malfunctioning or otherwise requiring replacement. In these
situations, the electronic discovery system may be unable to
collect or recover data from these devices if they have been
re-configured or if the devices are no longer accessible and/or
available.
[0014] Therefore, a need exists to monitor status changes, such as
employment status changes, device status changes and the like, on a
predetermined schedule, such as once every business day, for the
purpose of initiating collection of relevant data from the
custodian. The timely notification of status updates for
employment, devices or the like allow the electronic discovery
system to take appropriate action to insure that data associated
with the custodian and/or device is not lost, destroyed or
otherwise spoliated in the interim.
SUMMARY
[0015] The following presents a simplified summary of one or more
embodiments in order to provide a basic understanding of such
embodiments. This summary is not an extensive overview of all
contemplated embodiments, and is intended to neither identify key
or critical elements of all embodiments, nor delineate the scope of
any or all embodiments. Its sole purpose is to present some
concepts of one or more embodiments in a simplified form as a
prelude to the more detailed description that is presented
later.
[0016] Embodiments of the present invention relate to systems,
apparatus, methods, and computer program products for electronic
discovery and, in particular, improvements in electronic discovery
that allow for electronic discovery to be efficiently and
cost-effectively employed across a diverse enterprise. In
particular, embodiments herein described related to systems,
apparatus, methods and computer program products for monitoring the
online/offline activity of specified computing devices within the
enterprise system.
[0017] Thus, present embodiments provide for initiating collection
of data from electronic discovery custodians and/or devices
associated with the custodian based on status update notification.
The status update may include, but are not limited to,
changes/updates in employment status of a custodian and/or
changes/updated in the use status of a device associated with the
custodian and/or changes in network status. As such, present
embodiments of the method monitor status update on timely
predetermined schedule, such as once every business day or the
like, to insure that status updates/changes are recognized within
the electronic discovery system as they occur or immediately
thereafter. Once status changes are recognized that affect a
custodian, embodiments of the present invention, provide for
automated initiation of data collection. The automated initiation
of data collection may include automatically generating and
communicating an electronic communication, such as an email, text
or the like to predetermined electronic discovery associates, which
notifies the associate of the status change. In such instance the
electronic associate can then determine if and what data collection
is warranted. In other specific embodiments, once status changes
are recognized that affect a custodian, automated collection of
data may be triggered, such as collection of active email, locally
stored data and/or data stored on shared drive devices.
[0018] As such, by limiting the time between the occurrence of the
status update and the notification of such to the electronic
discovery system, present embodiments of the invention lessen the
likelihood that data will be spoliated or otherwise inaccessible to
the electronic discovery system.
[0019] A method for initiating collection of data in an electronic
discovery system provides for embodiments of the present invention.
The method includes receiving, at a computing device, notification
of a status update associated with a custodian assigned to a case
in an enterprise-implemented electronic discovery system and
initiating, at a computing device, collection of data associated
with the custodian in automatic response to the notification of
status update.
[0020] In specific embodiments of the method, receiving
notification of a status update further includes receiving, on a
predetermined schedule, notification of status update for at least
a portion of the enterprise and determining, at the computing
device, that the notification of status update includes the
custodian. In further specific embodiments, the predetermined
schedule may be once per business day.
[0021] In other specific embodiments of the method receiving
notification of a status update further defines the status update
as an employment status update, such as, but not limited to, a
change to inactive status, a change to leave-of-absence status, a
change to terminated status, a change to resigned status, a change
to active status or the like.
[0022] In other specific embodiments of the method receiving
notification of a status update further defines the status update
as a device status update for a device associated with the
custodian. In such embodiments, the device status update may
include, but is not limited to, designating the device user
reassignment, designated the device for non-use, or the like.
[0023] In other specific embodiments of the method receiving
notification of a status update further defines the status update
as a network status update associated with the custodian. In such
embodiments, the network status update may include, but is not
limited to, network account permanently or temporarily
disabled.
[0024] Moreover, in further specific embodiments of the method,
initiating collection of data may include generating and
communicating, at the computing device, an electronic communication
to one or more predetermined electronic discovery associates. The
electronic communication notifies the one or more electronic
associates of the status update. In further embodiments, the one or
more predetermined electronic discovery associates are
predetermined based on one or more types of status updates
designated by the electronic discovery associates. In still further
embodiments, the electronic communication includes a link to an
electronic discovery database of electronic discovery associates
having an association with the custodian.
[0025] In other specific embodiments of the method, initiating
collection of data further includes collecting, at the computing
device, data associated with the custodian in automatic response to
the receipt of the notification of status update. In such
embodiments, the collecting of data may include, but is not limited
to, active email data, local data stored at one or more devices
associated with the custodian, shared drive data, such as HomeSpace
or the like, associated with the custodian or the like. In such
embodiments, automated collections may only be initiated if the
data has not been previously collected within a predetermined
period of time.
[0026] An apparatus for initiating collection of data in an
electronic discovery system defines further embodiments of the
present invention. The apparatus includes a computing platform
including at least one processor and a memory. The apparatus
further includes an electronic discovery application stored in the
memory, and executable by the at least one processor. The
electronic discovery application includes a status monitoring
routine configured to receive notification of one or more status
updates associated with one or more custodians assigned to one or
more active cases in an enterprise-implemented electronic discovery
system. The electronic discovery application additionally includes
a data collection initiation routine configured to initiate
collection of data associated with the custodian in automatic
response to the notification of status update.
[0027] In specific embodiments of the apparatus, the status
monitoring routine is further configured to receive, on a
predetermined schedule (such, as once every business day);
notification of the one or more status updates for at least a
portion of the enterprise. In such embodiments, the electronic
discovery application further includes a custodian determining
routine configured to determine that the notification of status
update includes one or more custodians assigned to one or more
active cases.
[0028] In other specific embodiments of the apparatus, the status
monitoring routine is further defined as an employment status
monitoring routine configured to receive notification of employment
status updates associated with the one or more custodians. The
employment status updates may include, but are not limited to, a
change to inactive status, a change to leave-of-absence status, a
change to terminated status, a change to resigned status, a change
to active status or the like.
[0029] In further specific embodiments of the apparatus, the status
monitoring routine is further defined as a device status monitoring
routine configured to receive notification of one or more device
status updates. In such embodiments, a device in the device status
updates is or has been associated with at least one custodian and
has changed status, such as no longer associated with the
custodian, e.g., designated for re-assignment, designated for
non-use or the like.
[0030] In further specific embodiments of the apparatus, the status
monitoring routine is further defined as a network status
monitoring routine configured to receive notification of one or
more network status updates. In such embodiments, the network
status updates is associated with a custodian and has changed
status, such as permanently disabled, temporarily disabled or the
like.
[0031] In other specific embodiments of the apparatus, the data
collection initiation routine includes an electronic communication
generator configured to generate and initiate electronic
communication to one or more predetermined electronic discovery
associates. The electronic communication serves to notify the one
or more electronic associates of the status update for one or more
custodians. In such embodiments, the one or more predetermined
electronic discovery associates may be predetermined based on one
or more types of status updates designated by the electronic
discovery associates. In further related embodiments, the
electronic communication includes a link to an electronic discovery
database of electronic discovery associates having an association
with the one or more custodians.
[0032] In other specific embodiments of the apparatus, the data
collection initiation routine includes a data collector configured
to collect data associated with the one or more custodians in
automatic response to receipt of the notification of one or more
status updates. The data collector may be configured to collect
active email, local data at one or more devices associated with the
one or more custodian, shared drive data or like, in automatic
response to the receipt of the notification of one or more status
updates. In further specific embodiments, the data collector may be
configured to collect data form one or more data sources only if
the data has not been previously collected within a predetermined
period of time.
[0033] A computer program product including a computer-readable
medium provides further embodiments of the invention. The
computer-readable medium includes a first set of codes for causing
a computer to receive notification of a status update associated
with a custodian assigned to a case in an enterprise-implemented
electronic discovery system. The computer-readable medium
additionally includes a second set of codes for causing a computer
to initiate collection of data associated with the custodian in
automatic response to the notification of status update.
[0034] Thus, further details are provided below for systems,
apparatus, methods and computer program products for Thus, present
embodiments provide for initiating collection of data from
electronic discovery custodians and/or devices associated with the
custodian based on status update notification. The status update
may include, but are not limited to, changes/updates in employment
status of a custodian and/or changes/updated in the use status of a
device associated with the custodian and/or changes/updates in
network account status or the like. As such, present embodiments of
the method monitor status update on timely predetermined schedule,
such as once every business day or the like, to insure that status
updates/changes are recognized within the electronic discovery
system as they occur or immediately thereafter. Once status changes
are recognized that affect a custodian, embodiments of the present
invention, provide for automated initiation of data collection.
[0035] To the accomplishment of the foregoing and related ends, the
one or more embodiments comprise the features hereinafter fully
described and particularly pointed out in the claims. The following
description and the annexed drawings set forth in detail certain
illustrative features of the one or more embodiments. These
features are indicative, however, of but a few of the various ways
in which the principles of various embodiments may be employed, and
this description is intended to include all such embodiments and
their equivalents.
BRIEF DESCRIPTION OF THE DRAWINGS
[0036] Having thus described embodiments of the invention in
general terms, reference will now be made to the accompanying
drawings, which are not necessarily drawn to scale, and
wherein:
[0037] FIG. 1 is schematic diagram of an apparatus configured for
initiation of data collection based on status updated in an
enterprise-wide electronic discovery system, in accordance with
embodiments of the present invention;
[0038] FIG. 2 is a more detailed block diagram of an apparatus
configured for initiation of data collection based on status
updated in an enterprise-wide electronic discovery system, in
accordance with embodiments of the present invention;
[0039] FIG. 3 is a flow diagram of a method for initiating data
collection based on status updated in an enterprise-wide electronic
discovery system, in accordance with embodiments of the present
invention;
[0040] FIG. 4 is a block diagram of an enterprise-wide electronic
discovery system highlighting computing device monitoring, in
accordance with embodiments of the present invention;
[0041] FIG. 5 is a block diagram of an electronic discovery manager
server, in accordance with embodiments of the present
invention;
[0042] FIG. 6 is a block diagram of a database server in an
electronic discovery system, in accordance with an embodiment of
the present invention;
[0043] FIG. 7 is a block diagram of a collection server in an
electronic discovery system, in accordance with an embodiment of
the present invention;
[0044] FIG. 8 is block diagram illustrating electronic discovery
management structure, in accordance with an embodiment of the
invention;
[0045] FIG. 9 is a flow diagram of a method for initiating a case
or matter including creating search terms, creating and sending
preservation notices, sending reminder notices and creating and
sending surveys to custodians, in accordance with embodiments of
the present invention;
[0046] FIG. 10 is a flow diagram of a method for custodian
management in an electronic discovery system, in accordance with an
embodiment of the present invention; and
[0047] FIGS. 11 and 12 are flow diagrams of methods for harvesting
different data types in an electronic discovery system, in
accordance with an embodiment of the present invention.
DETAILED DESCRIPTION OF EMBODIMENTS OF THE INVENTION
[0048] Embodiments of the present invention now may be described
more fully hereinafter with reference to the accompanying drawings,
in which some, but not all, embodiments of the invention are shown.
Indeed, the invention may be embodied in many different forms and
should not be construed as limited to the embodiments set forth
herein; rather, these embodiments are provided so that this
disclosure may satisfy applicable legal requirements. Like numbers
refer to like elements throughout.
[0049] As may be appreciated by one of skill in the art, the
present invention may be embodied as a method, system, computer
program product, or a combination of the foregoing. Accordingly,
the present invention may take the form of an entirely software
embodiment (including firmware, resident software, micro-code,
etc.) or an embodiment combining software and hardware aspects that
may generally be referred to herein as a "system." Furthermore,
embodiments of the present invention may take the form of a
computer program product on a computer-readable medium having
computer-usable program code embodied in the medium.
[0050] Any suitable computer-readable medium may be utilized. The
computer-readable medium may be, for example but not limited to, an
electronic, magnetic, optical, electromagnetic, infrared, or
semiconductor system, apparatus, device, or propagation medium.
More specific examples of the computer readable medium include, but
are not limited to, the following: an electrical connection having
one or more wires; a tangible storage medium such as a portable
computer diskette, a hard disk, a random access memory (RAM), a
read-only memory (ROM), an erasable programmable read-only memory
(EPROM or Flash memory), a compact disc read-only memory (CD-ROM),
or other optical or magnetic storage device; or transmission media
such as those supporting the Internet or an intranet. Note that the
computer-readable medium could even be paper or another suitable
medium upon which the program is printed, as the program can be
electronically captured, via, for instance, optical scanning of the
paper or other medium, then compiled, interpreted, or otherwise
processed in a suitable manner, if necessary, and then stored in a
computer memory.
[0051] Computer program code for carrying out operations of
embodiments of the present invention may be written in an object
oriented, scripted or unscripted programming language such as Java,
Perl, Smalltalk, C++, or the like. However, the computer program
code for carrying out operations of embodiments of the present
invention may also be written in conventional procedural
programming languages, such as the "C" programming language or
similar programming languages.
[0052] Embodiments of the present invention are described below
with reference to flowchart illustrations and/or block diagrams of
methods, apparatus (systems), and computer program products. It may
be understood that each block of the flowchart illustrations and/or
block diagrams, and/or combinations of blocks in the flowchart
illustrations and/or block diagrams, can be implemented by computer
program instructions. These computer program instructions may be
provided to a processor of a general purpose computer, special
purpose computer, or other programmable data processing apparatus
to produce a machine, such that the instructions, which execute via
the processor of the computer or other programmable data processing
apparatus, create mechanisms for implementing the functions/acts
specified in the flowchart and/or block diagram block or
blocks.
[0053] These computer program instructions may also be stored in a
computer-readable memory that can direct a computer or other
programmable data processing apparatus to function in a particular
manner, such that the instructions stored in the computer readable
memory produce an article of manufacture including instruction
means which implement the function/act specified in the flowchart
and/or block diagram block(s).
[0054] The computer program instructions may also be loaded onto a
computer or other programmable data processing apparatus to cause a
series of operational steps to be performed on the computer or
other programmable apparatus to produce a computer-implemented
process such that the instructions which execute on the computer or
other programmable apparatus provide steps for implementing the
functions/acts specified in the flowchart and/or block diagram
block(s). Alternatively, computer program implemented steps or acts
may be combined with operator or human implemented steps or acts in
order to carry out an embodiment of the invention.
[0055] Thus, apparatus, systems, methods and computer program
products are herein disclosed that provide for initiating
collection of data from electronic discovery custodians and/or
devices associated with the custodian based on status update
notification. The status update may include, but are not limited
to, changes/updates in employment status of a custodian and/or
changes/updated in the use status of a device associated with the
custodian and/or changes/updates in network account status. As
such, present embodiments of the method monitor status update on
timely predetermined schedule, such as once every business day or
the like, to insure that status updates/changes are recognized
within the electronic discovery system as they occur or immediately
thereafter.
[0056] Once status changes are recognized that affect a custodian,
embodiments of the present invention, provide for automated
initiation of data collection. The automated initiation of data
collection may include automatically generating and communicating
an electronic communication, such as an email, text or the like to
predetermined electronic discovery associates, which notifies the
associate of the status change. In such instance the electronic
associate can then determine if and what data collection is
warranted. In other specific embodiments, once status changes are
recognized that affect a custodian, automated collection of data
may be triggered, such as collection of active email, locally
stored data and/or data stored on shared drive devices.
[0057] As such, by limiting the time between the occurrence of the
status update and the notification of such to the electronic
discovery system, present embodiments of the invention lessen the
likelihood that data will be spoliated or otherwise inaccessible to
the electronic discovery system.
[0058] FIG. 1 provides a schematic diagram of an apparatus 10
configured for network status monitoring of computers in an
enterprise-wide network; in accordance with embodiments of the
present invention. The apparatus 10, which may comprise more than
one computing device, includes a computing platform 12 having at
least one processor 14 and a memory 16. In specific embodiments of
the invention the apparatus may take the form of an electronic
discovery manager server 110 as shown in and described in relation
to FIG. 4. The memory 16 of apparatus 10 stores electronic
discovery manager application 18 which is configured to perform
various functions related to electronic discovery. Among the
various functions and according to embodiments of the present
invention, the electronic discovery manager application 18 is
configured to monitor status updates, such as employment status
updates, device status updates, network account status or the like,
determine that custodians associated with an electronic discovery
case are associated to the status update and initiation collection
of data from the custodian, if so warranted.
[0059] Thus, electronic discovery manager application 18 includes
status monitoring routine 20 that is configured to receive
notification 22 of one or more status updates 24 associated with
one or more custodians 26 assigned to active cases in the
electronic discovery system. In specific embodiments of the
invention, status monitoring routine 20 is configured to receive
status updates from one or more status update databases 30 within
the enterprise. Examples of status update databases include human
resources/employment databases, network device databases, network
account databases and the like. The status updates 34 may be
associated with any status updates that affect a custodian 26 and,
more specifically, a status updates that affects relevant data
(i.e., data that might need to be collected for the electronic
discovery case) associated with the custodian 26.
[0060] In specific embodiments the status updates 34 are employment
status updates that are associated with an employment status update
or change. For example, an employment status update may include,
but are not limited to, an update or change to an active status, a
terminated status, a resigned status, a leave of absence status, an
active status or the like. Such employment updates/changes may
affect the timely ability of the electronic discovery system to
procure relevant data from the custodian. For example, if the
custodian 34 is terminated the window of opportunity to collect
data from the custodian may be limited due to devices associated
with the custodian being re-assigned and/or re-configured,
corporate retention policies and the like.
[0061] In other specific embodiments the status updates 34 are
device status updates that are associated with enterprise devices
that store custodian data. For example, device status updates may
include, but are not limited to, a device being re-assigned,
re-configured, re-allocated, a device being scraped, a
malfunctioning device or the like. Such device updates/changes may
affect the timely ability of the electronic discovery system to
procure relevant data from the devices. For example, if a hard
drive device previously associated with a custodian is being
re-assigned and/or re-configured for another individual in the
enterprise, the opportunity to collect data associated with the
custodian may be limited due to the device re-assignment and/or
re-configuration.
[0062] In still further specific embodiments the status updates 34
are network account updates that are associated with custodians.
For example, network account updates may include, but are not
limited to, an account being permanently disabled, an account being
temporarily disabled, an account being activated or the like.
[0063] In specific embodiments of the invention the status update
notifications 24 include identification of the custodian 34 based
on information in the associated status update database 30 and/or
pre-processing performed on the status update information prior to
generating the status monitoring notification 24. In other
embodiments of the invention the status update notification 24
includes a listing of all enterprise employees, devices or the like
affected by a status update during the predetermined status update
cycle, which in one embodiment is a daily cycle. In such
embodiments the status monitoring routine 22 is further configured
to determine if the employees are custodians or if the devices are
associated with custodians for the purpose of initiating collection
of data from the custodians and/or determining if collection of
data from the custodians is necessary.
[0064] Electronic discovery manager application 18 additionally
includes data collection initiation routine 32 that is configured
to initiate collection of data 34 associated with the custodian in
automatic response to the notification of status update and/or the
identification of custodians affected by the status updates.
[0065] In specific embodiments of the invention, as discussed
infra., the data collection initiation routine 32 may be configured
to generate and communicate electronic communication, such as
emails, texts or the like, to one or more predefined electronic
discovery associates that alert the associates that the custodian
is affected by a status update. In such embodiments the electronic
discovery associates make the determination as to whether to pursue
data collection from the custodian and the type of collection
warranted.
[0066] In other specific embodiments of the invention, as discussed
infra., the data collection initiation routine 32 is configured to
automatically, in response to the status update 24 affecting or
being determined to affect the custodian, collect custodian 34 data
from one or more data sources 36. The custodian data sources 36 may
include, but are not limited to active email sources 38, such as
email servers and the like, local data sources 40, such as hard
drives and the like, shared data sources, such as shared drives,
HomeSpace and the like, and any other data source 44.
[0067] Referring to FIG. 2, shown is a more detailed block diagram
of apparatus 10, specifically electronic discovery manager server
110 embodied within an electronic discovery enterprise system 100,
according to embodiments of the present invention. The electronic
discovery manager server 110 is configured to provide employment,
device or the like status update monitoring, determination of
custodians affected by a status update and initiation of data
collection from the custodian and/or notification of electronic
discovery associate(s) of the status update. In addition to
providing greater detail, FIG. 2 highlights various alternate
embodiments. The electronic discovery manager server 110 may
include one or more of any type of computerized device. The present
apparatus and methods can accordingly be performed on any form of
computing device.
[0068] The server 110 includes computing platform 12 that can
receive and execute routines and applications. Computing platform
12 includes memory 16, which may comprise volatile and non-volatile
memory, such as read-only and/or random-access memory (RAM and
ROM), EPROM, EEPROM, flash cards, or any memory common to computer
platforms. Further, memory 16 may include one or more flash memory
cells, or may be any secondary or tertiary storage device, such as
magnetic media, optical media, tape, or soft or hard disk.
[0069] Further, computing platform 12 also includes processor 14,
which may be an application-specific integrated circuit ("ASIC"),
or other chipset, processor, logic circuit, or other data
processing device. Processor 14 or other processor such as ASIC may
execute an application programming interface ("API") 46 that
interfaces with any resident programs, such as electronic discovery
manager application 18, status monitoring routine 20, data
collection initiation routine 32 or the like stored in the memory
16 of the electronic discovery manager server 110.
[0070] Processor 14 includes various processing subsystems 48
embodied in hardware, firmware, software, and combinations thereof,
that enable the functionality of server 110 and the operability of
the server on a network. For example, processing subsystems 48
allow for initiating and maintaining communications and exchanging
data with other networked devices. For the disclosed aspects,
processing subsystems 48 of processor 14 may include any subsystem
used in conjunction with electronic discovery manager application
18, status monitoring routine 20, data collection initiation
routine 32 or subcomponents or sub-modules thereof.
[0071] Computer platform 12 additionally includes communications
module 50 embodied in hardware, firmware, software, and
combinations thereof, that enables communications among the various
components of the electronic discovery manager server 110, as well
as between the other devices in the electronic discovery system
100. Thus, communication module 50 may include the requisite
hardware, firmware, software and/or combinations thereof for
establishing a network communication connection.
[0072] As previously noted, the memory 16 of computing platform 12
stores electronic discovery manager application 18 which is
configured to perform various functions related to electronic
discovery. Among the various functions, and according to
embodiments of the present invention, the electronic discovery
manager application 18 is configured to monitor status updates,
such as employment status updates, device status updates or the
like, determine that custodians associated with an electronic
discovery case are associated with the status update and initiation
collection of data from the custodian, if so warranted.
[0073] Electronic discovery manager application 18 includes status
monitoring routine 20 that is configured to receive status update
notification 22 of one or more status updates 24 associated with
one or more custodians 26 assigned to active cases in the
electronic discovery system. As previously noted, the status
updates 34 may be associated with any status updates that affect a
custodian 26 and, more specifically, a status updates that affects
relevant data (i.e., data that might need to be collected for the
electronic discovery case) associated with the custodian 26.
Specific embodiments provide for employment status updates, device
status updates, network access status updates and the like.
[0074] The status monitoring routine 24 is configured to receive
the status update notification 22 on a predetermined schedule 52,
such as once every business day or the like. By receiving status
update notifications 22 on a frequent basis, such as once every
business, the electronic discovery system and/or the electronic
discovery associates are capable of reacting to changes/updates in
status, such as employment status, device status or the like, in
timely, proactive manner to administer the necessary data
collection from custodians affected by the status update. In
specific, embodiments, the status monitor routine 20 is configured
to poll or pull the necessary status update data from one or more
enterprise databases (not shown in FIG. 2) on the predetermined
schedule 52. The enterprise databases may include human resources
databases, network infrastructure databases or the like. In
addition, to the predetermined schedule, the status monitoring
routine 20 is capable of being activated by electronic discovery
associate or the like on an as-needed basis.
[0075] In the illustrated embodiment of FIG. 2, the status update
notification 24 includes a listing of all enterprise employees,
devices or other status entity 54 being affected by a status
update. In such embodiments the status monitoring routine 22
further includes custodian determining sub-routine 56 that is
configured to determine if the employees are custodians 28, if the
devices are associated with custodians 28 or if any other status
entity is associated with the custodians 28 for the purpose of
initiating collection of data from the custodians and/or
determining if collection of data from the custodians is necessary.
In specific embodiments, the custodian determining sub-routine 56
is configured to search the custodian and/or case database to
determine if employees 54 in the status update notification 24 are
custodians 28 currently assigned to an active case. In other
specific embodiments, the custodian determining sub-routine 56 is
configured to determine individuals/employees associated with
devices 54 in the status update notification 24 and to search the
custodian and/or case database to determine if the
individuals/employees are custodians 28 currently assigned to an
active case. As previously noted, in other specific embodiments of
the invention the status update notifications 24 include
identification of the custodian 34. In such embodiments the need to
incorporate the custodian determining sub-routine 56 is
obviated.
[0076] In specific embodiments of the invention, the status
monitoring routine 20 is configured to receive status update
notifications 24 associated with employment status and status
update notifications 24 associated with network accessibility.
While network accessibility status updates generally coincide with
a change/update in employment status, in certain enterprises the
change/update in employment status may, in certain instances, lag
behind network accessibility changes/updates. In other words, the
network access update may occur prior to the employment status
update. In order to insure that data collection occurs as promptly
as possible, automated data collection may be precipitated by a
network accessibility status update/change, even though an
employment status update has yet to register.
[0077] Electronic discovery manager application 18 additionally
includes data collection initiation routine 32 that is configured
to initiate collection of data 34 associated with the custodian in
automatic response to the notification of status update and/or the
identification of custodians affected by the status updates.
[0078] In specific embodiments of the invention, the data
collection initiation routine 32 includes electronic communication
generator 58 that is configured to automatically generate and
initiate communication of an electronic communication 60 to one or
more predetermined electronic discovery associates 62. The
electronic communication 60, which may take the form of an email,
Short Message Service (SMS)/text message, voice mail or the like,
alerts the recipient that the custodian is affected by the status
update. In specific embodiments the form of the electronic
communication 60 is configured by the electronic discovery
associate 62, while in other embodiments the electronic
communication generator 58 is configured to generate communication
of a preconfigured form. The predetermined electronic communication
discovery associates 62 are those associates that have chosen to be
or otherwise designated as recipients of such electronic
communication based on their association with the custodian and/or
cases/matters associated with the custodian. In specific
embodiments, in addition to alerting the recipient of the status
update associated with a custodian, the communication includes a
link 64 to an electronic discovery database that lists other
electronic discovery associates that may need to be contacted
because of their association with the custodian on other
cases/matters.
[0079] In those embodiments in which the electronic communication
generator 58 is implemented, the receipt of the electronic
communication 60 by the electronic discovery associate 62 may serve
to put the associate and notice if the status update, such that the
associate makes the determination as to whether to pursue data
collection from the custodian and the type of collection warranted.
In other embodiments, in which automatic collection of data occurs
based on the determination of a custodian being associated with the
status update, the electronic communication 60 may serve to notify
the electronic discovery associate that collection is ensuing or
has occurred.
[0080] In other specific embodiments of the invention, the data
collection initiation routine 32 includes data collector 66 that is
configured to automatically, in response to the status update 24
affecting or being determined to affect the custodian, collect
custodian data from one or more data sources. The custodian data
may include, but are not limited to active email data 68, collected
from email servers and the like, local data 70, collected from hard
drives and the like, shared data 72, collected from shared drives
and the like, and any other data 74 that needs to be collected. In
specific embodiments, data collector 66 may be configured to
collect data only if data has not been previously collected from
the source within a specified period of time, for example one to
three days previously. The electronic discovery associate may
configure of the data collector may be pre-configured to make the
determination as whether to collect data based on previous
collections for each specific data type. Thus, the electronic
discovery associate may configure the data collector to
automatically collect active data, such as email and the like,
regardless of the date of the previous active collection and to
collect shared data only if the previous collection was greater
than three days out.
[0081] Referring to FIG. 3 a flow diagram is depicted of a method
90 for initiating collection of data from electronic discovery
custodians based on a status update, in accordance with embodiments
of the present invention. At Event 92, a notification of status
update associated with a custodian assigned to active electronic
discovery case is received. In specific embodiments, the status
update may be employment status update, a device update, a network
accessibility update or any other status update that affects the
need to collect data from the custodian. In certain embodiments of
the invention, the notification of status updates is received on a
predetermined schedule, such as once every business day or the
like. The predetermined schedule insures that the status update is
recognized by the electronic discovery system proximate to the
status update occurring, thus data collection can occur proximate
to the occurrence of the status change. In certain embodiment the
notification of status update includes the custodian and, in other
embodiments, the notification of status updates includes all
employees, devices and the like incurring a status update. In those
embodiments in which the notification of status update includes all
employees, devices and the like incurring a status update a
determination is made to which status updates are associated with
custodians.
[0082] At Event 94, collection of data associated with the
custodians is initiated in automatic response to the notification
of status update. In specific embodiment, initiating collection of
data includes generating and initiating communication of an
electronic communication that notifies one or more electronic
discovery associates of the status update. In certain embodiments,
the electronic communication results in the electronic discovery
associate determining whether to collect data from the custodian
and which type of data to collect. In other embodiments, the
electronic communication serves to notify the electronic discovery
associate of the automatic data collection that will ensue, has
ensued or has been completed in response to the status update.
[0083] In other specific embodiments of the method, initiating
collection of data includes the actual collection of data
associated with the custodian, such as active data, local data,
shared data, and any other data associated with the custodian and
capable of being automatically collected by an electronic discovery
system. In such embodiments, automatic collection may be configured
to occur, for a specific data type, only if the data has not been
collected previously within a prescribed period of time.
[0084] As a means of providing an overview of a composite,
enterprise-wide electronic discovery system, which may be
implemented in conjunction with the computer monitoring of network
status described above, FIGS. 4-12 are herein provide and described
in detail. It should be noted that the system shown and described
in relation to FIGS. 4-12 are by way of example only and, as such,
presently described embodiments of the invention may be embodied
within other electronic discovery systems or only implement select
portions of the electronic discovery system herein described.
[0085] FIG. 4 illustrates an exemplary electronic discovery system
100 in accordance with an embodiment of the invention. In some
embodiments, the environment of the electronic discovery system 100
is the information technology platform of an enterprise, for
example a national or multi-national corporation, and includes a
multitude of servers, machines, and network storage devices in
communication with one another over a communication network. In
particular, an electronic discovery management server 110, at least
one database server 120, a collections server 130, enterprise
personal computers 140, enterprise file servers 150, including at
least one personal network storage area and at least one shared
network storage area, enterprise email servers 160, a conversion
services server 170, a short-term staging drive 180, and a
long-term network storage network 190 are all in communication over
a communication network 102. The communication network 102 may be a
wide area network, including the Internet, a local area network or
intranet, a wireless network, or the like.
[0086] As shown in the block diagram of FIG. 5, the electronic
discovery management server 110 provides user interface management
for via user interface 118. In some embodiments, the electronic
discovery management server 110 is a web server that can be
accessed via a web browser. In one particular embodiment, the
electronic discovery management server 110 is an intranet website
server that may be accessed utilizing a web browser on a machine
within the enterprise. Through the electronic discovery management
server 110, the user interface 118 may be presented to a user for
the purposes of managing the electronic discovery process and all
processes described herein that are inherent thereto. For
illustrative purposes, it may be assumed herein that the primary
user interacting with the user interface 118 is an employee or
contractor of the company who serves an electronic discovery
management role, and hereafter is referred to as the "e-discovery
manager." As discussed in greater detail below, the e-discovery
manager may utilize the user interface 118 to manage cases,
custodians, collections, and collected data. It should be
appreciated, however, that any individual could use the user
interface 118 to perform the manual functions herein attributed to
the e-discovery manager, and, indeed, that an automated process
could perform those functions as well.
[0087] Referring again to FIG. 4, the electronic discovery
management server 110 is in communication with the database server
120 and the collections server 130 via the communication network
102. The database server 120, as shown in the block diagram of FIG.
6, is configured to provide database services for the electronic
discovery management server 110, including housing the Unified
Directory/custodian database 122, which includes data relating to
individual custodians, the case database 124, which includes data
relating to particular cases, and ongoing collections database 126,
which includes data relating to collections being undertaken by the
collections server 130. Each of the foregoing databases within the
database server 120 is discussed in detail below. It should be
understood that multiple database servers could be employed instead
of a single database server, and reference to a single database
server is for illustrative and convenience purposes only. For
example, the Unified Directory 122 could be stored in one database
server and the ongoing collections data 126 could be stored in
another database server.
[0088] Regardless of the number of database servers employed, it is
an object of embodiments of the present invention that data
relating to custodians and cases be stored in the database server
120 independently. While custodian data in the Unified Directory
122 and case data in the case database 124 may be linked or
correlated within the database server 120, for example, when
custodians are assigned to particular cases, custodians may be
managed separately from cases. Therefore, when a case is
initialized and a custodian is assigned to the case, information
for that custodian (such as data storage locations for that
custodian) is accessed by the electronic discovery management
server 110 in the Unified Directory 122 in the database server 120
and linked to the particular case, rather than manually input by
the e-discovery manager into the case.
[0089] Furthermore, in addition to separating (but allowing linkage
of) custodian management and case management processes, and as
discussed further below, data management processes relating to the
collection of data from custodian storage locations during
electronic discovery are also separated from case management and
custodian management processes. In this regard, the data collected
from a particular custodian is stored separately from both the
custodian information and any relevant case information (as
discussed below, it is stored in long-term network storage network
190), but is linked to a custodian, which is in turn linked to one
or more cases. This is advantageous because in the event a
particular custodian is assigned to multiple cases, data collected
from the custodian may be shared with the other case(s) to which
the custodian is assigned. Therefore, the various processes and
components of the electronic discovery system 100 may be
categorized within one of case management, custodian management, or
data management. And even though cases, custodians, and collected
data may all be managed separately, there are necessarily links
between the various datastores to allow management of the overall
electronic discovery process.
[0090] Custodian
[0091] With regard to custodian management, according to some
embodiments of the present invention, the Unified
Directory/custodian database 122 houses information relating to all
potential custodians within the enterprise and the locations where
those custodians store data. The information stored in the Unified
Directory 122 may include for a particular custodian, for example,
the custodian's name, position, human resources identifier (a
unique number for each employee of the enterprise), employment
location, domain, email addresses, network user identification,
personal computer(s) name, paths of network storage devices used by
the custodian, including Shared Drives and HomeSpaces, work
history, related persons (such as managers, team members or
subordinates), and any other information that may be relevant to
the discovery process. Since the human resources identifier is
always unique for each custodian, in some embodiments, the Unified
Directory 122 may be organized around the human resources
identifier. All of the information relating to how the Unified
Directory 122 is generated is a multi-step process that utilizes
multiple applications and methods of identifying relevant
information.
[0092] For example, the electronic discovery management server 110
or the database server 120 may interface with the computer
databases of the human resources computer systems of the enterprise
to copy the information from the human resources databases into the
Unified Directory 122. In some embodiments, the electronic
discovery management server 110 may also reach out to a network
directory, such as Windows Active Directory, to identify network
resources related to particular custodians and integrate this
information into the custodian entries including the copied human
resources information. Information for the Unified Directory 122
may also be obtained from the managers of the information
technology network, i.e., those individuals responsible for setting
up email accounts for custodians and managing the various file
servers of the enterprise. Furthermore, in addition to retrieving
information in the manners described above, in some embodiments,
information in the Unified Directory 122 is generated through
applications initialized and/or deployed by the electronic
discovery management server 110. In particular, in some
embodiments, as shown in FIG. 4, a profile scanning application
112, and a mapping application 114 are provided.
[0093] The profile scanning application 112 may be deployed by the
electronic discovery management server 110 and is configured to
crawl the communication network 102, scan each of the enterprise
personal computers 140, and transmit to the database server 120
identifying information about each computer, such as computer name
and IP address, and a list of all profiles, including demographics
information, (or network user identification) associated with each
computer. According to different embodiments, the profile scanning
application 112 may be run on the electronic discovery management
server 110, the collection server 130, or another server in the
communication network 102. In some embodiments, the profile
scanning application 112 is further configured to identify and
transmit to the database server 120 the most recent date and time
at which a particular profile was logged on to the machine. When
information relating to a particular computer is received by the
database server 120, the database server 120 uses the profile
information, which may include several user identifications, to
link the particular computer to the custodians in the Unified
Directory 122 associated with those user identifications. The
database server 120 may also record in each custodian's entry in
the Unified Directory 122 the last time the computer was accessed
by the custodian, according to the profile information transmitted
by the profile scanning application 112. Thus, the profile scanning
application 112 ultimately generates a list of personal computers
used by each custodian, and this list may be presented to the
e-discovery manager when a collection of a custodian's local
machine(s) is initialized, as discussed in detail below.
[0094] In accordance with some embodiments of the invention, the
mapping application 114 is configured to crawl the communication
network 102 and examine the enterprise file servers 150 residing on
the communication network 102 to locate and identify the path of
any personal network storage area on each server. As used herein, a
personal network storage area is a network storage area associated
with a single user who reads data from or writes data to it.
Personal network storage areas may be in the form of network
storage devices or folders or other resources within a network
storage device and may be referred to hereafter for clarity
purposes as "HomeSpaces." According to different embodiments, the
mapping application 114 may be run on the electronic discovery
management server 110, the collection server 130, or another server
in the communication network 102. In some embodiments, the mapping
application 114 is a Windows service that is scheduled to execute
through use of Windows Scheduled Task. As the mapping application
114 crawls the communication network 102, it is configured to
examine each file server and transmit to the database server 120
the path of any network storage area within the plurality of
servers 134 that it positively identifies as a HomeSpace. In some
embodiments, the mapping application 114 is configured to explore
the enterprise file servers 150 by obtaining and reviewing the
directories on each server and evaluating the paths of each network
storage area therein, including folders and other storage devices
and resources.
[0095] With regard to identifying a particular network storage area
as a HomeSpace, according to some embodiments, the mapping
application 114 is configured to utilize conventional naming
techniques for paths in the communication network 102 to identify
those paths of network storage areas within the enterprise file
servers 150 that include an indicator, based on the conventional
naming techniques, that the particular storage areas associated
with those paths are accessed and used by only one user, and are
therefore HomeSpaces. In accordance with some embodiments of the
invention, each user of the communication network 102 is assigned
to at least one user identification and those user identifications
are the indicators that the mapping application 114 attempts to
locate within paths when identifying HomeSpaces. In such
embodiments, it is the convention that the paths of HomeSpaces on
the communication network 102 include the user's user
identification. On the other hand, paths of shared network storage
areas do not include user identifications. Therefore, the mapping
application 114 may explore the directories of each server within
the plurality of servers, evaluate each path in turn, and make a
determination as to whether or not the path includes a user
identification.
[0096] If it is determined that the path includes the designated
indicator, for example, a user identification, the mapping
application 114 is configured to positively identify the particular
network storage area identified by that path as a HomeSpace and
transmit to the database server 120 the particular user
identification and the path of the HomeSpace. When that information
is received by the database server 120, the database server 120
uses the user identification to link the particular HomeSpace to
the custodian in the Unified Directory 122 associated with that
user identification. In some embodiments, the mapping application
114 is also configured to recognize and transmit, and the database
server 120 is configured to house, an indication of the last time
the HomeSpace was accessed by the particular user, for example, the
last time any data was read from and/or written to the HomeSpace.
Additionally, in some embodiments, the mapping application 114 is
configured to recognize when multiple paths map to the same network
storage area. The collection server 130 compares paths for the same
user to determine if duplicative entries exist. This advantageously
enables avoidance of multiple collections of the same data. Thus,
the profile scanning application 112 ultimately generates a list of
HomeSpaces used by each custodian, and this list may be presented
to the e-discovery manager when a collection of a custodian's
HomeSpaces is initialized, as discussed in detail below.
[0097] In addition to storing a list of personal computers and
HomeSpaces used by a particular custodian, which lists were
generated by the profile scanning application 112 and the mapping
application 114 respectively, in accordance with some embodiments
of the present invention, the database server 120 is also
configured to store a list of any shared network storage areas used
by the custodian. As used herein, a shared network storage area is
a network storage area associated with multiple users who read data
from and/or write data to it. Shared network storage areas may also
be in the form of network storage devices or folders or other
resources within network storage devices and may be referred to
hereafter for clarity purposes as "Shared Drives." The user
interface 118 is configured to receive a path of a Shared Drive
input by the e-discovery manager and store the path in the Unified
Directory 122 in relation to one or more custodians' human
resources identifier(s). More particularly, in some embodiments,
once a particular user of the communication network 102 is chosen
for the collection process, the e-discovery manager may undertake
to identify the particular shared network resources that that
individual is using, and eventually, the paths associated with
those shared network resources. This may be accomplished through
conversations with the particular individual, by utilizing data
returned from the local collection application 132 executed on
collection server 130 (shown in the block diagram of FIG. 7)
deployed to the particular user's machine (as discussed in detail
below), and/or by utilizing a file browsing application 116
executed on electronic discovery manager server 110 (as shown in
FIG. 5).
[0098] According to some embodiments of the present invention, the
file browsing application 116 is configured to be utilized by the
e-discovery manager through the user interface 118. The file
browsing application 116 gives the e-discovery manager elevated
authority within the communication network 102 to access, in a
limited manner, the enterprise file servers 150 within the
communication network 102. While the file browsing application 116
may not allow access to the actual files stored on certain file
servers, it allows the e-discovery manager to browse through the
directories of the file servers 150, locate files that have been
accessed by the custodian, and determine the size of the files. In
accordance with some embodiments, the e-discovery manager may
initially have a general idea of a particular file server within
the enterprise file servers 150 that the custodian has used in the
past. For example, the custodian may communicate to the e-discovery
manager a particular folder name and/or drive name on which he/she
has stored files. Additionally, in some embodiments, the
e-discovery manager may have already undertaken a local collection
process on the custodian's machine, wherein the local collection
application 132 returned a list of the network resources that the
user of that machine has used. In that event, the e-discovery
manager may be aware of the particular drive referenced by the
user. The e-discovery manager may then employ the file browsing
application 116 to browse out to the particular drive mentioned,
scan the folders for any folder having a name resembling that name
given by the user, identify any particular files created by and/or
accessed by the user, determine the size of such files, and
retrieve the path of any folder (or Shared Drive) including data
belonging to the user.
[0099] The retrieved paths of the Shared Drives may then be added,
either manually or automatically, to the Unified Directory 122 in
the database server 120. Thus, the Unified Directory 122 may store
in connection with one custodian (and in particular in relation to
the custodian's human resources identifier) a list of the personal
computers, HomeSpaces, and Shared Drives associated with that
custodian. Each of these locations is a potential source of data
stored by the custodian, and once an investigation or collection of
a custodian is initiated, the location information stored in the
Unified Directory 122 may be accessed to determine the particular
storage locations that need to be addressed during the
investigation/collection. This is advantageous as it allows a
completely automated investigation/collection process, rather than
relying on the e-discovery manager to manually input the targeted
machines and file servers at the time of collection.
[0100] It should be noted that the Unified Directory 122 may be
regularly or continuously updated as new information is gathered
using the applications described herein. More particularly, the
electronic discovery management server 110 may be configured to
automatically retrieve data from the human resources databases and
Active Directory and any other relevant sources, such as
information technology directories or lists, as well as deploy the
profile scanning application 112 and the mapping application 114,
at regularly scheduled intervals. Alternatively, rather than
periodically retrieving data from the various data sources such as
the human resources databases, the system 100 may be configured
such that the database server 120 is continuously interfacing with
the data sources such that the Unified Directory 122 is updated in
real-time as the data within the data sources update. In either
instance, each of the feeds of information into the Unified
Directory 122 is regularly updated to ensure that the data in the
Unified Directory 122 is current.
[0101] In some embodiments, the database server 120 is configured
such that all historical data relating to a custodian is stored in
relation to that custodian's human resources identifier in the
Unified Directory 122. Thus, when the feeds of information into the
Unified Directory 122 are updated, in the event data relating to
the custodian has updated, the database server 120 is configured to
store in the Unified Directory 122 the new data and any relevant
metadata, including, for example, the time and date of the update,
as well as maintain a record of the old data so that it is still a
part of the custodian's profile in the Unified Directory 122. For
example, in the event the profile scanning application 114
identifies a new personal computer associated with a custodian and
one of the personal computers associated with the custodian
previously is no longer identified, the database server 120 is
configured to store in the Unified Directory 122 the information
for each computer, as well as indications as to when the new
computer was first identified and when the old computer was no
longer identified. In this way, the custodian profile within the
Unified Database 122 may include a history of the personal
computers used by the custodian. Such information may be relevant
at the time of investigation or collection of the custodian.
[0102] One feed of information into the Unified Directory 122 which
is particularly relevant to electronic discovery is employment
status. According to some embodiments, when the feed of information
from the human resources databases to the Unified Directory 122
includes an update as to employment status of a particular
custodian, the electronic discovery management server 110 is
configured to recognize the update and possibly perform particular
functions in response. More specifically, in the event it is
recorded in the Unified Directory 122 that the employment status of
a particular custodian updates from active to terminated, the
electronic discovery management server 110 is configured to
determine whether the custodian is assigned to any case or matter,
and, if so, to transmit to the designated manager or contact for
the case or matter an electronic communication notifying the
manager of the terminated status and inquiring as to whether the
manager would like the terminated custodian's data collected. In
the event the manager responds in the affirmative, the electronic
discovery management server 110 is configured to automatically
initiate the various collection processes of the present invention.
Therefore, the custodian's data may be advantageously collected
prior to any destruction or unavailability that could be caused by
the termination. Alternatively, in other embodiments, the
electronic discovery management server 110 may not communicate with
the manager and may automatically initiate collection upon
recognizing an update in employment status.
[0103] Case
[0104] With regard to case management processes, according to some
embodiments, a case may be initialized by the e-discovery manager
utilizing the user interface 118. In this regard, the e-discovery
manager may enter into the user interface 118 certain information
about a particular matter or case, such as a case name and/or
number, a short description of the matter/case, a legal identifier,
the particular requester (i.e., who asked for the case to be
opened), managers or contacts for the matter (i.e., individuals
involved in the substance of the matter rather than the process,
like the e-discovery manager), custodians, etc. The electronic
discovery management server 110 is configured to store this
information in the case database 124 in the database server 120.
The case database 124 is configured to house this information such
that all information relating to a particular matter or case is
related within the case database 124 and a user can use the user
interface 118 to view a profile of the matter or case including all
the information.
[0105] Once the matter and/or case has been initialized, the
e-discovery manager may add custodians to the matter or case. In
some embodiments, the electronic discovery management server 110 is
configured to add numerous custodians to a single matter or case at
one time. In this regard, the e-discovery manager may use the user
interface 118 to enter in identifying information about the
custodians. The identifying information for each custodian does not
have to be of the same type. For example, a name may be entered for
one custodian, an email address for another, a network user
identification for another, and a human resources identifier for
another. The user interface 118 is configured to receive the
identifying information in different input areas depending upon the
type of identifying information being received. The electronic
discovery management server 110 is configured to use the input
information to search the Unified Directory 122 in the database
server 120 to determine which custodians are associated with the
input information. In the case of a human resources identifier
being entered, only one custodian in the Unified Directory 122 may
be a match. On the other hand, in the case of a name being entered,
multiple custodians may be a match.
[0106] The electronic discovery management server 110, after
searching the Unified Directory 122 with the input identifying
information, is configured to present through the user interface
118 a list of all custodians matching the input identifying
information. In the event only one match was returned for a
particular set of input identifying information, the electronic
discovery management server 110 is configured to automatically
select the custodian to be added to the case or matter. On the
other hand, in the event more than one match was located for a
particular set of input identifying information, then the multiple
matches may be presented together to the e-discovery manager
through the user interface 118 and marked so that the e-discovery
manager must review the multiple custodian profiles associated with
the matches to determine the correct custodian that should be added
to the case or matter. In doing so, the e-discovery manager may
consider the other information in the profiles, such as corporate
title, work location, associated custodians, etc. Such information
can inform the e-discovery manager as to whether the located
custodian is the one intended. The e-discovery manager may then
select the correct custodian for addition to the case or matter and
confirm that all custodians selected may be added to the case or
matter. According to some embodiments, "adding" a custodian to a
case or matter involves linking correlating the custodian profile
in the Unified Directory 122 to the case or matter in the Case
database 124.
[0107] According to some embodiments, upon adding custodians to a
matter, the electronic discovery management server 110 is
configured to initiate the transmission of preservation notices and
surveys to the custodians. In this regard, preservation notices and
surveys relevant to the particular case or matter are stored in or
linked to the case profile in the case database 124. Transmission
of the preservation notices and surveys to custodians added to the
case may be automated, for example, there may be preset
instructions within the case profile that cause the electronic
discovery management server 110 to transmit a particular
preservation notice and survey at a particular date or time or upon
a particular initiating event, such as a custodian being added to
the case, or the e-discovery manager may manually cause the
preservation notices and surveys to be transmitted. In some
embodiments, the electronic discovery management server 110 is
configured to transmit the preservation notices and surveys via a
standard email function. The surveys may be tied to the
preservation notices such that they are transmitted to custodians
together, and one survey may be tied to more than one preservation
notice. When a custodian responds to a survey, the survey response
is received by the electronic discovery management server 110 and
stored in relation to the relevant custodian in the case profile in
the case database 124. Furthermore, the electronic discovery
management server 110 may be configured to store all or a portion
of the data received in the survey response in the Unified
Directory 122 in the custodian's profile.
[0108] According to some embodiments, each transmission of a
preservation notice and survey to a custodian, and each
corresponding response, is tracked in the relevant case profile in
the case database 124. The electronic discovery management server
110 may also be configured to transmit reminder notices if
responses to the surveys are not received within a predefined
period of time. The electronic discovery management server 110 may
also be configured to schedule reminder notices to be sent to
custodians to periodically refresh the custodians' memory of their
duty to preserve files/documents pertaining to the matter. In some
embodiments, once a preservation notice has been sent to a
custodian, the electronic discovery management server 110 may
undertake to prevent any reimaging or refreshing of the custodian's
personal computer(s) by transmitting an alert of the preservation
notice to the enterprise's information technology management group.
In addition, the survey responses received from custodians serve to
inform the collection process. For example, one survey may inquire
as to what network storage devices the custodian uses when storing
data. The answer that the custodian gives to the survey may inform
the addition of Shared Drives to the custodian profile in the
Unified Database 122 that may be used later in collection.
[0109] According to some embodiments of the present invention, the
e-discovery manager may utilize the user interface 118 to add
attachments, notes, tasks, and search terms to a case or matter. In
some embodiments, the contacts/managers for a case may also access
the case profile in the case database 124 using a web browser and
may add attachments, notes, tasks, and search terms to be stored
therein. Thus, the e-discovery manager may not be the only entry
with access to the case and case management applications of the
electronic discovery management server 110. The subject matter of
the attachments, notes and tasks could be anything relevant to the
case or matter. In some embodiments, the tasks are tasks that
particular custodians must complete and the electronic discovery
management server 110 is configured to transmit a notice to the
custodians that that the task needs to be completed, perhaps using
standard email functions. With regard to attachments, the
e-discovery manager, or the contact/manager of the case, may upload
relevant files to be attached to the case profile.
[0110] With regard to the search terms, the e-discovery manager or
the case contacts or managers may add certain terms to the case
profile to be applied when searching the collected data to locate
data responsive or relevant to the underlying issues in the case.
Storing the search terms within the case profile is advantageous as
it creates a record of the searching that is to be undertaken with
respect to the data and aids in organization of the data, as
discussed further below.
[0111] According to some embodiments of the present invention, when
a decision is made that it is time to collect from certain
custodians in a matter, the e-discovery manager may use the user
interface 118 to release the custodians from the matter to the
underlying case. This release triggers the commencement of
collection of the custodians' data. In some embodiments, the
electronic discovery management server 110 is configured to allow
all custodians assigned to the matter to be released to the case at
the same time. In addition, in instances where the e-discovery
manager has previously created groups of custodians within the
case, the electronic discovery management server 110 is configured
to allow a group of custodians to be released from a matter to a
case at the same time.
[0112] Data
[0113] Once a custodian has been identified for collection, whether
manually by the e-discovery manager or by being released from a
matter to a case, the electronic discovery system 100 is configured
to automatically collect the custodian's data using the location
information stored in the Unified Directory 122. Therefore, the
electronic discovery management server 110 accesses the custodian
profile of the custodian to be collected in the Unified Directory
122 and determines, from the information stored therein, the
different locations of data storage for the particular custodian
that must be collected. There are many different locations that the
system 100 can address, including personal computers, email
accounts, and network storage areas, including HomeSpaces and
Shared Drives.
[0114] If a custodian profile (for a custodian released for
collection) includes at least one personal computer(s) associated
with the custodian, then the electronic discovery management server
110 may undertake to collect the files on these machines.
Therefore, the electronic discovery management server 110 may
retrieve the relevant machine identifying information, such as
domain, name, IP address, etc., and may initialize deployment of a
local collection application 132 running on collections server 130
(as shown in FIG. 7).
[0115] The local collection application 132 is configured to be
deployed from the collections server 130 or another server within
the network 102 to any of the enterprise personal computers 140.
Therefore, for a particular custodian, the local collection
application 132 is configured to utilize the machine identifying
information supplied by the electronic discovery management server
110 to be deployed to the identified custodian computer. According
to one embodiment, the local collection application 132 is
configured to be automatically installed on the target custodian's
personal computer. The local collection application 132 is further
configured to generate a snapshot of the data residing on the local
storage of the personal computer 140, for example, by using a
commercially available application such as the Volume Shadow Copy
Service, store the snapshot in a storage area on the personal
computer, and transmit copies of the files included in the snapshot
to the collections server 130. By transmitting the data from the
snapshot of the data stored on the hard drive of the personal
computer, the local collection application 132 advantageously
allows the custodian to continue to use her machine without
substantial interference from the local collection application 132
and even interact with the data stored on the hard drive as the
snapshot of the data is being transmitted to the collections server
130.
[0116] In addition to the functions described above, the local
collection application 132 may also be configured to transmit to
the database server 120 a catalog of the files included in the
snapshot to be stored in the ongoing collections database. This
catalog may be referenced by the collections server 130 in order to
determine whether collection is complete and to resume interrupted
collections at the point of interruption. Additionally, in
accordance with some embodiments, the local collection application
132 is configured to compile and transmit to the electronic
discovery management server 110 a list of network resources the
user is using, including, for example, network applications and
file servers that the user has used or accessed. This list of
resources may be stored in the database server 120 in the
custodian's profile in the Unified Directory 122. With regard to
transmission of the files themselves, according to one embodiment
of the invention, the local collection application 132 is
configured to compress, hash, and upload the files included in the
snapshot to the collections server 130.
[0117] In some embodiments, the electronic discovery management
server 110 may utilize a computer monitoring application 117 to
determine when to attempt a collection from a custodian's machine.
The computer monitoring application 117 is configured to monitor
the network 102 and determine which of the enterprise personal
computers 140 are online. Therefore, in the event there is a
custodian whose local machine needs to be collected, the computer
monitoring application 117 is configured to determine when that
machine joins the network 102 (i.e., when it appears to the
computer monitoring application 117) and inform the electronic
discovery management server 110 that it should initialize the local
collection application 132 immediately.
[0118] If a custodian profile (for a custodian released for
collection) includes any paths for HomeSpaces or Shared Drives,
then the electronic discovery management server 110 may undertake
to collect the files from these file servers by initializing the
file server collection application 134 running on collection server
130 (as shown in FIG. 7). The file server collection application
134 is configured to access the file server located at the given
path, whether the file server is a HomeSpace or a Shared Drive,
copy the data residing on the file server, and compress, hash, and
transmit the copied data to the collections server 130. The file
server collection application 134 may be programmed with preset
instructions that allow it to only copy files meeting certain
criteria, for example, files that have certain file extensions.
Alternatively, the programmed instructions may prevent the file
server collection application 134 from copying files having certain
file extensions or other attributes. Either of the foregoing is
advantageous if the e-discovery manager is not interested in
copying executable files or source code, for example. In some
embodiments, the file server collection application 134 is also
configured to generate a size estimate of the files residing on the
targeted file server. In one embodiment, the file server collection
application 134 may automatically begin the collection process
(copying and transmitting data) if the size estimate falls below a
predetermined threshold. In addition, in some embodiments, the file
server collection application 134 is configured to determine
whether a particular folder that it is collecting from a file
server includes more than a token amount of nearline files, and, in
the event that the folder does include such nearline files, choose
to not collect such files so as to avoid overloading the server.
Therefore, according to different embodiments, the file server
collection application 134 copies all or a portion of the files
residing on a file server located at the path given in the released
custodian's profile and transmits them to the collections server
130.
[0119] If a custodian profile (for a custodian released for
collection) includes an email address for an email account on the
enterprise email server 160, then the electronic discovery
management server 110 may undertake to collect the files from the
enterprise email server 160 by initializing the active email
collection application 136 running on collections server 130 (as
shown in FIG. 7). In some embodiments, the active email collection
application 136 is configured to access the particular Microsoft
Exchange server within the enterprise email server 160 on which the
custodian's account resides (which is known based on the
information included in the Unified Directory 122), copy all email
located there, including emails deleted by the custodian up to a
predetermined period of time prior to the collection, (for example,
seven days prior to the collection) and transmit the copied emails
to the collections server 130.
[0120] Regardless of the storage resource location from which data
is being collected, or the particular type of data being collected,
the collections server 130 is configured to store the data first
(while the collection is still ongoing) in the short-term staging
drive 180 until the particular collection is complete, attach a
barcode to the set of data resulting from the particular
collection, and then copy the data set to the long-term storage
area network 190 for permanent storage. Furthermore, the
collections server 130 transmits the barcode information to the
electronic discovery management server 110 to be stored in the
database server 120, for example, in the custodian's profile in the
Unified Database 122, in relation to the stored information about
the particular collection, whether it was a local collection, an
active email collection, a file server collection, etc. Therefore,
the barcode can be used for reference at a later date to determine
the origin of the data. After the data has been copied to the
long-term storage area network 190, the collections server 130
compares the hashing of the data in permanent storage to the
original data in the staging drive 180 and, if the hashing is
identical, purges the data from the staging drive 180.
[0121] Once the data has entered the long-term storage area network
190, it is not necessarily ready for review. Indeed, it is likely
that the data may need to be processed before it is searchable and
suitable for review by investigators and attorneys. For example,
the files may be encrypted in the form in which they are collected
and sent to the long-term storage area network 190. Therefore,
according to some embodiments, the data may be copied to the
conversion services server 170 where a series of decryption and
standardization functions may be applied to it. After the data is
decrypted and standardized, it is returned to the long-term storage
area network 190 and may remain there to be accessed for review
purposes.
[0122] With reference now to FIG. 8, a block diagram is provided
that illustrates the electronic discovery management structure of
the present invention, according to some embodiments. As
illustrated in FIG. 8, certain processes described herein may be
categorized within one of case management, as represented by Block
200, custodian management, as represented by Block 220, or data
management, as represented by Block 240. As described above, the
electronic discovery system 100 is arranged such that cases,
custodians and data may be managed independent of one another.
However, there is still an element of the categorization of
processes within the categories that is conceptual, and it should
be understood that certain processes may be correctly assigned to
more than one category. Therefore, while the architecture of the
system 100 allows separate management of custodians, cases, and
data, certain processes of the present invention may affect more
than one of the foregoing.
[0123] The first process that falls within the case management
category is creation of a matter or case as a framework for
litigation support activities, as shown in Block 202. As described
above, the e-discovery manager may enter into the user interface
118 certain information about a particular matter or case, such as
a case name and/or number, a short description of the matter/case,
a legal identifier, the particular requester (i.e., who asked for
the case to be opened), managers or contacts for the matter (i.e.,
individuals involved in the substance of the matter rather than the
process, like the e-discovery manager) etc.
[0124] It is noted that custodian information is stored separately
from the case information allowing for the same custodian in
multiple cases. This provides for the electronic discovery system
of the present invention to have scalability, whereby evidence
associated with one custodian may be used in multiple cases.
[0125] The electronic discovery management server 110 stores this
information in the case database 124 in the database server 120.
The case database 124 houses this information such that all
information relating to a particular matter or case is related
within the case database 124 and a user, such as a manager or
contact, can use the user interface 118 to view and edit a profile
of the matter or case.
[0126] The next process within case management is the creation of
preservation notices and surveys specific to the matter, as shown
in Block 204. In this regard, the e-discovery manager may, through
the user interface 118, either generate a new preservation notices
or surveys relevant to the particular case or matter to be stored
in the case profile in the case database 124 or, alternatively,
link a preservation notice or survey already stored in the database
server 120 to the case profile of the specific case or matter at
issue. Also within case management is the creation of search terms
pertinent to the case, as represented by Block 206. As described
above, the e-discovery manager or a contact or manager for the case
may use the user interface 118 to input individual search terms or
search term sets to be applied to the data harvested in the case.
In some embodiments, the search terms may be limited to be used
with particular custodians and/or with particular harvested data
types. The search terms will be saved in the case database 124 so
that they may be readily applied to harvested data and used in
connection with storing the resulting responsive data.
[0127] The processes of entering relevant attachments, notes and
updates to a particular case or matter also falls within the case
management category, as demonstrated by Blocks 208 and 210. The
e-discovery manager or a case contact or manager may use the user
interface 118 to upload documents and enter notes and other
relevant data, including updates and reminders, to be stored in the
case profile of the case in the case database 124. Once these
attachments, notes and updates are added, they may be referenced
whenever a user views the case profile through the user interface
118. The cost estimation modules of the present invention are also
processes that are categorized as case management processes, as
shown in Block 212. In this regard, the electronic discovery
management server 110 utilizes a cost estimation application to
determine the cost of harvesting and reviewing data, based on a
number of factors including, for example, number of custodians,
amount of harvested data, data types, etc. Finally, case management
also includes a number of tasking and workflow processes that are
represented by block 214.
[0128] Moving now to custodian management, certain processes
falling within the category of custodian management are shown in
Block 220. While the processes involving generation of the Unified
Directory 122 certainly could be categorized as custodian
management, the processes shown in FIG. 8 include those processes
involving management of custodians within the scope of a case or
matter. In that regard, the first process of custodian management
included in FIG. 8 is the addition of custodians to a case or
matter, as shown in Block 222. As described above, the e-discovery
manager may use the user interface 118 to link a custodian's
profile from the Unified Directory 122 to the particular case
profile in the case database 124. Thus, the custodian profile and
case profile are correlated. The next processes within custodian
management is the transmission of preservation notices and surveys
to custodians, as shown in Block 224, and the presentation of the
surveys to custodians, as shown in Block 226. The electronic
discovery management server 110 uses the contact information in the
custodian's profile in the Unified Directory 122 to transmit the
preservation notice(s) and survey(s) stored in the case profile to
the custodian. In some embodiments, a standard email function is
used, so that the only information needed from the Unified
Directory 122 is the custodian's email address. When the custodian
checks her email, the survey will appear as a message therein, and
when she opens that message, the survey will be presented to her.
The survey may be configured such that when she fills it out, the
survey is automatically transmitted back to the database server 120
for storage in the case profile and the custodian's profile.
[0129] Also falling within custodian management is the process of
releasing custodians from a matter to a case, as shown in Block
228. The e-discovery manager uses the user interface 118 to mark
the custodian's profile so that the custodian is now activated for
collection of data. This may occur within the case database 124
since the custodian's profile is linked thereto. Once the custodian
is released/marked, the electronic discovery management server 110
may access the custodian's profile and initialize collection based
on the various data storage locations identified in the profile.
Therefore, as represented by Block 230, the electronic discovery
management server 110 may automatically determine the data types
and locations of data to be harvested by accessing the custodian's
profile in the Unified Directory 122. Alternatively, the
e-discovery manager may manually make the same determination by
accessing and viewing the custodian's profile. Finally, as with
case management, custodian management also includes a number of
tasking and workflow processes that are represented by Block
232.
[0130] The last category is data management, represented by Block
240. One major set of processes within data management are the
processes relating to the harvesting of data, as shown in Block
242. These processes include the collection of data from all the
different storage areas of a particular custodian, including the
custodian's local storage on her personal computer(s), the
custodian's network storage areas, the custodian's email, and any
other areas, as are described herein. All of the data in the
various storage areas is copied and transmitted to the collections
server 130, as described in detail for each particular collection
application or process. Upon reaching the collections server 130,
data resulting from a particular collection is temporarily stored
in the short-term staging drive 180 until the collection is
complete, at which point it is stored in the long-term storage area
network 190 in association with a specific identifying barcode. The
foregoing process is represented by Block 244. The data may require
decryption or standardization functions to be applied to it in
order for it to be searchable and/or otherwise usable, so the next
process that falls within data management is the copying of the
data to the conversion services server 170 for analysis and
conversion as necessary, as shown in Block 246. Once the data is
converted, it is returned to the long-term storage area network 190
to be used in review.
[0131] Also falling within data management is the association of
particular data sets with particular sets of search terms stored in
the case profile of the case database 124. In this regard, certain
search terms stored in the case profile are stored with the
intention of being applied to certain types of data and/or certain
custodian's data. Alternatively, certain search terms may be
applied to all data collected for a specific case. In either
instance, the electronic discovery management server 110 accesses
the case profile, determines the search terms to be applied, and
associates the search terms with the barcode of the appropriate
data sets in long-term storage. Thus, the search terms will be
applied to that data and the results will be generated and
presented to reviewers for analysis. Finally, as with the other
management categories, data management also includes a number of
tasking and workflow processes that are represented by Block
250.
[0132] With reference to FIG. 9, an exemplary process for managing
a case is provided, in accordance with one embodiment of the
present invention. As represented by Block 302, a case or matter is
created by the e-discovery manager and stored in the case database
124. Next, custodians are added to the case, as shown in Block 304,
by linking the custodian profiles of the Unified Directory 122 to
the case profile. Next, as represented by Block 306, the
e-discovery manager and/or the case contact or manager adds search
terms to be applied to data harvested for the case, including
instructions as to applying the search terms to particular data
types or custodians. Block 310 represents the determination that
must be made as to whether there is a matter or just a case. If
there is no matter because preservation notices are not required,
for example, for an audit, then the process will move straight to
the initialization of data collection. On the other hand, if there
is matter, rather than just a case, then the creation of
preservation notices is required, as shown in Block 312.
[0133] The preservation notice, as shown in Block 314 is
transmitted to the custodians added to the matter, perhaps using
email. As shown in Block 316, a reminder notice module may be
employed. As shown in Block 318, the reminder notice module
transmits periodic reminder notices to custodians. The notices may
be sent over email and may remind custodians about the preservation
notice and/or remind custodians to fill out surveys. With regard to
surveys, in the event a survey is required or desired, according to
Block 320, a survey is created. The survey may be saved in the case
profile in the case database 124. As shown in Block 322, it is
possible to enable the survey to be attached to and transmitted
with the preservation notices.
[0134] Next, as shown in Block 324, the e-discovery manager may
release custodians from the matter to the case, which initialized
collection of the custodian's data. As shown in Block 326, the
e-discovery manager or the electronic discovery management server
122 accesses the custodian profile, determines the data types and
location to be collected, and initializes the applicable collection
applications to go collect the data. Once the data has been
collected and a unique barcode has been assigned to each dataset
based on the particular custodian and storage location from which
it originated, as shown in Block 328, the search terms previously
stored in the case profile may be assigned to the dataset based on
the input instructions regarding the search terms. These search
terms may be applied to the dataset and the results saved to be
presented to reviewers for analysis.
[0135] With reference to FIG. 10, an exemplary process for managing
a custodian is provided, in accordance with one embodiment of the
present invention. First, as represented by Block 402, a custodian
is added to a matter or case. In this regard, the custodian's
profile in the Unified Directory 122 is linked to the relevant case
or matter profile. In order to locate the custodian's profile, a
custodian search module may be employed, as shown in Block 404.
Therefore, the e-discovery manager may enter any identifying
information about the custodian, whether it is the custodian's
name, network user identification, email address, etc. The
custodian search module will take the input information and search
the Unified Directory 122 for a match. If more than one match is
obtained, the user interface 118 will present all matches and allow
the e-discovery manager to browse the associated profiles to
determine the intended custodian. In this way, the correct
custodian is identified and the profile of that custodian is linked
to the appropriate case or matter.
[0136] As represented by Block 406, the electronic discovery
management server 110 may determine whether the particular
custodian added is a member of the enterprise "do-not-call list."
In this regard, there may be an indication in the custodian's
profile in the Unified Directory 122 that the particular custodian
should not be contacted regarding collections, and an alternative
contact should be used, such as an administrative assistant of the
custodian. Alternatively, there may be a separate do-not-call list
stored in the database server 120 that must be accessed and
searched to determine whether or not the custodian appears on that
list. In either instance, a determination is made as to whether or
not the custodian should be directly contacted, and in the event
the custodian should not be directly contacted, the contact
information for the custodian's assistant (or other stand-in)
should be obtained. This information will be used later for
transmitting preservation notices and surveys.
[0137] Next, in accordance with Block 408, a determination is made
by the electronic discovery management server 110 as to whether the
custodian has been added to a matter or a case. If it is a case,
then the custodian is verified, as shown in Block 424, supplemental
data may be added to the custodian profile in the Unified Directory
122 as required, as shown in Block 426, and then the various
collection applications are initialized by the electronic discovery
management server 110 for collection of the custodian's data, as
shown in Block 428. On the other hand, if it is a matter, then
preservation notices are required. Therefore, as shown in Block
410, a preservation notice is sent via email to the custodian or
custodian stand-in. As shown in Block 412, the custodian may then
be inactivated from the case because, for some reason, data does
not need to be collected from the custodian. In the future, when it
comes time to collect from the custodian, the custodian will be
reactivated, as shown in Block 422.
[0138] After a preservation notice is sent, a determination is made
by the electronic discovery management server 110 as to whether a
survey is required, as shown in Block 414. It should be noted that
in alternate embodiments the decision on whether to send a survey
may be made prior to sending the preservation notice. In such
alternate embodiments, if the survey is required, it may become a
component of the preservation notice and, thus, accessed
simultaneously by the custodian. If a survey is required, it is
transmitted in conjunction with a preservation notice, and the
answers are collected by the electronic discovery management server
110 and stored in the database server 120, as shown in Block 416.
Reminder notices for the preservation notices and surveys may also
be transmitted to the custodian, as shown in Block 420. Next, once
it is time to collect data, the custodian is released from the
matter to the case, as shown in Block 418, and the various
collection applications are initialized by the electronic discovery
management server 110 for collection of the custodian's data, as
shown in Block 428. In this process, the custodian's profile in the
Unified Directory 122 is accessed in order to determine the various
locations where the custodian may have stored data. Finally, as
shown in Block 430, the custodian's data is collected.
[0139] Referring to FIGS. 11 and 12, flow diagrams are presented of
a method 500 for harvest data from various data sources, in
accordance with embodiments of the present invention. At Event 502,
the collection of data ensues and, at Event 504, the type of data
is identified. Data Block 506 signifies active email that is
collected from an exchange system or the like. At Event 508 the
automated active email collection application is implemented to
collect email from identified email address. As previously noted,
and in accordance with present embodiments of the invention, if a
custodian profile (for a custodian released for collection)
includes an email address for an email account on the enterprise
email server (160), then the electronic discovery management server
(110) may undertake to collect the files from the enterprise email
server (160) by initializing the active email collection
application (136) running on collections server (130). In some
embodiments, the active email collection application (136) is
configured to access the particular Microsoft Exchange server
within the enterprise email server 160 on which the custodian's
account resides (which is known based on the information included
in the Unified Directory 122), copy all email located there,
including emails deleted up to a designated prior period, for
example, seven days prior to the collection, and transmit the
copied emails to the collections server (130). The email collection
application is also capable of implementing bulk requests and for
collecting email on a scheduled basis, such as daily. The email
collection application is additionally capable of being
implementing enterprise-wide and requires no server identifiers or
the like to collect the active email. In this regard, the email
collection application (136) serves to reduce security risk.
[0140] At Event 510, a barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of email resulting from the particular
collection. The barcoded data is then copied and communicated to
the long-term storage area network (190) for permanent storage.
Furthermore, the collections server (130) transmits the barcode
information to the electronic discovery management server (110) to
be stored in the database server (120), for example, in the
custodian's profile in the Unified Database (122), in relation to
the stored information about the particular collection. Therefore,
the barcode can be used for reference at a later date to determine
the origin of the data. After the data has been copied to the
long-term storage area network (190), the collections server (130)
compares the hashing of the data in permanent storage to the
original data in the staging drive (180) and, if the hashing is
identical, purges the data from the staging drive (180). As such,
barcoding is performed without the need to execute the barcoding
application on an exchange server and, as such no human
intervention is needed in the barcode process. In accordance with
embodiments of the present invention, one barcode may be assigned
per custodian, per data type and per event (i.e., case, matter,
etc.)
[0141] At Event 512, the collected email data may be associated
with a specific search term set or sets. When the search terms are
applied, a listing of the files and documents including those terms
(the "search term hit list") are presented to the reviewer and also
stored in the database server (120). The reviewer may provide an
indication of this to the electronic discovery management server
110, which may then make a determination that other documents
within the search term hit list are more likely to be
responsive.
[0142] At Event 514, the collected and barcoded active email data
is copied to a processing drive for subsequent analysis. It should
be noted that the nature of email data obviates the need to perform
conversion and/or decryption on the data set. At Event 516, the
active email data set is loaded into the analysis application and,
at Event 518, the data set is exported to the requestor/reviewer
for analysis.
[0143] Data Block 520 signifies other non-exchange server based
email, such as email accessed through a client-server,
collaborative application, such as Lotus Notes.RTM. or the like. At
Event 522, NSF files or any other file types associated with
non-exchange server based email is manually harvested from an
enterprise-grade email server having collaborative capabilities,
such as a Lotus Domino server or the like.
[0144] At Event 522, a barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of non-exchange server email resulting from
the particular collection. The barcoded data is then copied and
communicated to the long-term storage area network (190) for
permanent storage. Furthermore, the collections server (130)
transmits the barcode information to the electronic discovery
management server (110) to be stored in the database server (120),
for example, in the custodian's profile in the Unified Database
(122), in relation to the stored information about the particular
collection. Therefore, the barcode can be used for reference at a
later date to determine the origin of the data. After the data has
been copied to the long-term storage area network (190), the
collections server (130) compares the hashing of the data in
permanent storage to the original data in the staging drive (180)
and, if the hashing is identical, purges the data from the staging
drive (180).
[0145] At Event 526, the collected non-exchange server email data
may be associated with a specific search term set or sets. When the
search terms are applied, a listing of the files and documents
including those terms (the "search term hit list") are presented to
the reviewer and also stored in the database server (120). The
reviewer may provide an indication of this to the electronic
discovery management server 110, which may then make a
determination that other documents within the search term hit list
are more likely to be responsive.
[0146] At Event 528, the NSF files or any other file types
associated with non-exchange server based email that may be
encrypted is decrypted using a decryption application, in
accordance with embodiments of the present invention. The
encryption of NSF files occurs at the user level and, therefore
only the user has the password necessary for decryption. The
decryption application allows for decryption of the NSF file-type
data without the knowledge of the user/encrypter. The decryption
application finds ID files that exist anywhere in the enterprise
system, creates a database of the ID files, associates the database
with the user/encrypter and subsequently decrypts the data.
[0147] At Event 530, the non-exchange server email data set is
loaded into the analysis application and, at Event 532, the data
set is exported to the requestor/reviewer for analysis.
[0148] Data Block 534 signifies journaled data, such as electronic
commerce data stored on a repository for the purpose of regulation,
compliance to regulating bodies, such as the Securities and
Exchange Commission (SEC) or the like. At Event 536, criteria is
extracted from input system and manually entered in a designated
third party system for data retrieval.
[0149] At Event 538, the barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of journaled data resulting from the
particular collection. The barcoded data is then copied and
communicated to the long-term storage area network (190) for
permanent storage. At Event 540, the collected and barcoded
journaled data may be associated with a specific search term set or
sets.
[0150] At Event 542 source-to-processing is implemented to insure
that any loose files are properly formatted in a standardized
format. In this regard, according to one embodiment of the
invention, loose files are examined for relevancy and, if relevant,
stored in a proper data format, such as a PST file or the like. The
metadata associated with the non-standardized files is retained and
remains with the reformatted data files. Source-to-processing file
conversions may be required on EML formatted files, MSG formatted
files and the like.
[0151] At Event 544, the journaled data set is loaded into the
analysis application and, at Event 546, the journaled data set is
exported to the requestor/reviewer for analysis.
[0152] Referring to FIG. 12, data block 548 signifies data from a
local Personal Computer (PC), such as enterprise PC (140). At Event
550, the local collection application (132) is implemented to
collect data from designated PCs by taking a "snapshot" of the
device's hard drive. According to one embodiment of the invention,
the local collection application may be autodeployed thus,
obviating the need for any manual entry by the e-discovery manager
or the like. In other embodiments of the invention, the local
collection application (132) may be employed to collect data from
network storage.
[0153] At Event 552, the barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of local PC data resulting from the particular
collection. The barcoded data is then copied and communicated to
the long-term storage area network (190) for permanent storage. At
Event 554, the collected and barcoded local PC data may be
associated with a specific search term set or sets.
[0154] At Event 556 source-to-processing is implemented to insure
that any loose files are properly formatted in a standardized
format. In this regard, according to one embodiment of the
invention, loose files are examined for relevancy and, if relevant,
stored in a proper data format, such as a PST file or the like. The
metadata associated with the non-standardized files is retained and
remains with the reformatted data files. Source-to-processing file
conversions may be required on EML formatted files, MSG formatted
files, IPD formatted files and the like.
[0155] At Event 558, the local PC files that may be encrypted are
decrypted using a decryption application, in accordance with
embodiments of the present invention. The decryption application
allows for decryption of the PC files data without the knowledge of
the user/encrypter. The decryption application finds ID files that
exist anywhere in the enterprise system, creates a database of the
ID files, associates the database with the user/encrypter and
subsequently decrypts the data.
[0156] At Event 560, the local PC data set is loaded into the
analysis application and, at Event 562, the local PC data set is
exported to the requestor/reviewer for analysis.
[0157] Data block 564 signifies data from network storage, such as
a shared drive or HomeSpace. At Event 566, the file server
collection application (134) is implemented to automatically
collect data from shared drives and/or HomeSpace. According to one
embodiment of the invention, the file server collection application
(134) may be autodeployed thus, obviating the need for any manual
entry by the e-discovery manager or the like.
[0158] At Event 568, the barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of network storage data resulting from the
particular collection. The barcoded data is then copied and
communicated to the long-term storage area network (190) for
permanent storage. At Event 570, the collected and barcoded network
storage data may be associated with a specific search term set or
sets.
[0159] At Event 572 source-to-processing is implemented to insure
that any loose files are properly formatted in a standardized
format. In this regard, according to one embodiment of the
invention, loose files are examined for relevancy and, if relevant,
stored in a proper data format, such as a PST file or the like. The
metadata associated with the non-standardized files is retained and
remains with the reformatted data files. Source-to-processing file
conversions may be required on EML formatted files, MSG formatted
files, IPD formatted files and the like.
[0160] At Event 574, the network storage files that may be
encrypted are decrypted using a decryption application, in
accordance with embodiments of the present invention. The
decryption application allows for decryption of the network storage
data without the knowledge of the user/encrypter. The decryption
application finds ID files that exist anywhere in the enterprise
system, creates a database of the ID files, associates the database
with the user/encrypter and subsequently decrypts the data.
[0161] At Event 576, the network storage data set is loaded into
the analysis application and, at Event 578, the network storage
data set is exported to the requestor/reviewer for analysis.
[0162] Data block 580 signifies electronic data for forensics. At
Event 582, a forensic collector application, such as EnCase.RTM.
may be executed on the devices of interest to collect data.
According to one embodiment of the invention, the forensic
collector application may be automatically deployed on the device
of interest without the knowledge of the device user. In accordance
with another embodiment of the invention, a computer monitoring
application may be implemented (not shown in FIG. 11 or 12) that
monitors the network to determine the addition or subtraction of
computers to the network based on network status indicators, such
as ID's/IP addresses returned from the network.
[0163] At Event 584, the barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of forensic data resulting from the particular
collection. The barcoded data is then copied and communicated to
the long-term storage area network (190) for permanent storage. At
Event 586, the collected and barcoded forensic data may be
associated with a specific search term set or sets.
[0164] At Event 588 source-to-processing is implemented to insure
that any loose files are properly formatted in a standardized
format. In this regard, according to one embodiment of the
invention, loose files are examined for relevancy and, if relevant,
stored in a proper data format, such as a PST file or the like. The
metadata associated with the non-standardized files is retained and
remains with the reformatted data files. Source-to-processing may
be required on EML formatted files, MSG formatted files, IPD
formatted files and the like.
[0165] At Event 590, the forensic files that may be encrypted are
decrypted using a decryption application, in accordance with
embodiments of the present invention. The decryption application
allows for decryption of the network storage data without the
knowledge of the user/encrypter. The decryption application finds
ID files that exist anywhere in the enterprise system, creates a
database of the ID files, associates the database with the
user/encrypter and subsequently decrypts the data.
[0166] At Event 592, the forensic data set is loaded into the
analysis application and, at Event 594, the network storage data
set is exported to the requestor/reviewer for analysis.
[0167] Data block 596 signifies collaborative data, such as data
residing at discovery sites, for example LiveLink.RTM. or the like.
At Event 598, a discovery site collector application, such as a
LiveLink.RTM. collector application may be executed on the devices
of interest to collect data. According to one embodiment of the
invention, the discovery site collector preserves at least a
portion of the discovery site database in the e-discovery database,
including all files and all revisions of the files. In this regard,
the discovery site collector application queries against the
database to define what files need to be retrieved, then copies
those files based on the result of the query. Metadata pertaining
to the files is retained in the case management system tables. In
accordance with another embodiment of the invention, the discovery
site collector application collects the documents and the related
metadata and uses the metadata to automatically rename the
files.
[0168] At Event 600, the barcoding application is implemented at a
staging location, such as short-term staging drive (180) to attach
a barcode to the set of discovery site data resulting from the
particular collection. The barcoded data is then copied and
communicated to the long-term storage area network (190) for
permanent storage. At Event 602, the collected and barcoded
discovery site data may be associated with a specific search term
set or sets.
[0169] At Event 604 source-to-processing is implemented to insure
that any loose files are properly formatted in a standardized
format. In this regard, according to one embodiment of the
invention, loose files are examined for relevancy and, if relevant,
stored in a proper data format, such as a PST file or the like. The
metadata associated with the non-standardized files is retained and
remains with the reformatted data files. Source-to-processing may
be required on EML formatted files, MSG formatted files, IPD
formatted files and the like.
[0170] At Event 606, the discovery site data set is loaded into the
analysis application and, at Event 608, the discovery site data set
is exported to the requestor/reviewer for analysis.
[0171] Thus, present embodiments herein disclosed provide for
improvements in electronic discovery. Embodiments herein disclosed
provide for an enterprise-wide e-discovery system that provides for
data to be identified, located, retrieved, preserved, searched,
reviewed and produced in an efficient and cost-effective manner
across the entire enterprise system. In addition, by structuring
management of e-discovery based on case/matter, custodian and data
and providing for linkage between the same, further efficiencies
are realized in terms of identifying, locating and retrieving data
and leveraging results of previous e-discoveries with current
requests.
[0172] More specifically, embodiments herein disclosed provide for
initiating collection of data from electronic discovery custodians
and/or devices associated with the custodian based on status update
notification. The status update may include, but are not limited
to, changes/updates in employment status of a custodian and/or
changes/updated in the use status of a device associated with the
custodian. As such, present embodiments of the method monitor
status update on timely predetermined schedule, such as once every
business day or the like, to insure that status updates/changes are
recognized within the electronic discovery system as they occur or
immediately thereafter. Once status changes are recognized that
affect a custodian, embodiments of the present invention, provide
for automated initiation of data collection. As such, by limiting
the time between the occurrence of the status update and the
notification of such to the electronic discovery system, present
embodiments of the invention lessen the likelihood that data will
be spoliated or otherwise inaccessible to the electronic discovery
system.
[0173] While certain exemplary embodiments have been described and
shown in the accompanying drawings, it is to be understood that
such embodiments are merely illustrative of and not restrictive on
the broad invention, and that this invention not be limited to the
specific constructions and arrangements shown and described, since
various other updates, combinations, omissions, modifications and
substitutions, in addition to those set forth in the above
paragraphs, are possible.
[0174] Those skilled in the art may appreciate that various
adaptations and modifications of the just described embodiments can
be configured without departing from the scope and spirit of the
invention. Therefore, it is to be understood that, within the scope
of the appended claims, the invention may be practiced other than
as specifically described herein.
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