E-Discovery Case Studies
SEC Search & Production
In a SEC investigation K&F forensically imaged 45 computer hard drives and restored 40 backup tapes in order to locate documents and e-mails meeting keyword search terms and date limitations.
Files meeting the criteria were produced in Concordance load files containing native documents, fully extracted text and metadata as well as other attributes specified in the government’s production request.
Non searchable files were converted to searchable formats including password protected files whose protections were removed prior to searching. (back to top)
Neutral Search & Production
In a trade secrets case K&F was selected as the neutral e-discovery expert. In that capacity we collected, preserved and searched the ESI of both parties on about 40 machines that equalled about 6 terabytes of data.
The search was conducted in accordance with a consent order formalizing the search protocol that included active and deleted space as well as all document types. Unsearchable files were converted to a searchable format and protected files were unprotected so that they could be searched.
After filtering the search results to exclude unlikely document types, we produced over 100,000 documents and e-mails for each side. The documents converted to about 3 million TIFF image pages. The image files, native files, extracted text, extracted metadata and various other attributes were produced in Summation load files.
When our fees were compared to a preferred vendor frequently used by one of the parties, our costs were about half. (back to top)
E-discovery Vendor Review
In a construction claim involving power generation, the Plaintiff detected omissions in the owner’s document production.
K&F was retained by the owner to review the originally collected electronic data, the Concordance database and production efforts performed by the owner’s e-discovery vendor, including processing logic and production tools, to identify document omissions.
Any shortcomings were then cross referenced against the Plaintiff's productions as well as those by third parties in order to identify those omissions that actually could have resulted in prejudice. Hash comparisons of omitted documents to produced documents were widely used as a basis to differentiate substantive omissions from non-substantive omissions.
We even developed software that could be used by the owner to evaluate for relevance and privilege document ranges identified by the Plaintiff as containing potentially missing documents. (back to top)
Restrictive Covenants Production
In a restrictive covemant litigation where an entire office staff left their employer and went to work for a competitor, K&F was retained to presrved the about 20 personal computers, 3 servers and various other personal devices including cellphones.
K&f was then to recover deleted documents intact, convert non-searchable files to a searchable format and then search and produce responsive documents in accordance with an agreed protocol. (back to top)
Securities Fraud Production
In a securities fraud matter, K&F was retained to review the computer systems of the securities firm and assess those worthy of preservation and likely containing responsive data.
The secure nature of preserved data required extensive identification and decryption of encrypted files and e-mail attachments so that they could be searched for documents responsive to agreed protocol criteria. In addition, there were very tight schedule limitations that were challenged by slow performing, third party appliances on which the securities firm has stored its data to meet SEC data retention requirements. (back to top)
Production from Apple Equipment
In an employment matter K&F was retained to pre-emptively preserve 9 apple computers along with Windows servers and other personal appliances.
With their highly engineered designs, compact envelopes and file systems, Apple computers can sometimes be more complicated than Windows compatible systems. These were no different. In addition, the e-mail systems were uniquely Apple related.
K&F preserved the systems and produced file types of interest to the legal team along with individual e-mails. (back to top)