A commonly used term in e-discovery is “custodian,” “data custodian” or “ESI custodian.”
The Electronic Discovery Reference Model (EDRM) defines a custodian as a “[p]erson having administrative control of a document or electronic file; for example, the data custodian of an email is the owner of the mailbox which contains the message.” a custodian is a witness (or potential witness) with control of relevant evidence. For instance, assume in a case an employee authored a research document and saved the document to his computer. The employee is the “custodian” of the document because he or she has control of it. A hidden custodian is someone who actually is the owner of the document but it is not apparent that he is the owner without deeper analysis of possible embeded meta data etc. Perhaps the 'hidden custodian' is a company that hosts the data off site of the company and has control of that document.
Often, in the early stages of a legal matter, ESI custodians are interviewed by attorneys so the attorneys may better understand what the custodian knows about the legal matter and identify any relevant documents or ESI (electronically stored information) possessed by the custodian. Once the relevant documents are identified, they are preserved for potential use in the litigation.
Denisting - using file explorer to weed exe dll etc files
Culling - using file explorer to search for just files with certain tag information
Deduping using hash nubmers (Hashtab explained)
Hidden custodians:
What is a workflow or business process?
Here's a simple example of a workflow where multiple people are involved: A freelancer creates an invoice and sends it to their client. The client sends the invoice to their finance department. The finance department approves the invoice and processes the payment.
TAR
Technology Assisted Review (TAR) is a process of having computer software electronically classify documents based on input from expert reviewers, in an effort to expedite the organization and prioritization of the document collection.
IDOL
At the heart of Autonomy’s technology lies the Intelligent Data Operating Layer (IDOL)
Server. IDOL forms a conceptual and contextual understanding of all content in an
enterprise, indexing and automatically analyzing any piece of information from over
1000 different content formats and even people as data sets. For the heterogeneous
enterprise, Autonomy’s mature connector framework (supporting over 400 repositories)
enables search across the entire enterprise corpus across multiple disparate datastores,
allowing for an unprecedented view of the organization’s information assets as well
as for fully FRCP-compliant search. Its language-independent technology currently
supports over 100 languages, making it a perfect solution for the global enterprise.
Legal Chaining:
Legal Chaining - As law firms look to distinguish themselves and gain a competitive advantage over their peers, develop stronger business relationships and drive growth, corporate legal departments are looking to slash costs while reducing risk. These trends have spawned the concept of legal chaining – an increased integration between inside and outside counsel through enabling technologies. Meaning-based platforms help corporations and law firms improve their processes through enhanced collaboration and the reduction of costs and risks associated with legal matters. Meaning based platforms enhance collaboration and facilitate chaining through the ability to view, analyze and manage data in-place while also enabling outside counsel to have secure, targeted access to their client’s data, or vice-versa. This innovative approach eliminates the challenges of manual, labor-intensive processes by allowing law firms and their corporate clients to seamlessly connect to a matter and case, streamlining effortsreducing costs and mitigating risk. The Power of Meaning According to Gartner, more than 80 percent of electronic data today is unstructured
Hidden Custodians:
Content moderators are the hidden custodians of platforms (Gillespie, 2018), the unseen and silent guardians who bring safety to online spaces by overseeing the visual and textual content users have generated (Roberts, 2014). They also have an influence on the discussion dynamics and what is archived for readers (e.g., Sherrick & Hoewe, 2018).
Jump Outs:
performance optimization techniques such as “jump outs” or partial document indexing.
Instead, IDOL’s core index engine avoids these techniques with a search capability that complies with the FRCP. Unique rich and social media processing HP Autonomy eDiscovery provides the unique ability to perform native audio, video, rich, and social media processing. IDOL’s advanced capabilities provide hyperlinking, clustering, automatic query guidance, and holistic views of audio, video and social media information, enabling legal teams to extract only the information most relevant to a case. Users can cull data sets to the most relevant files and discard those that are not relevant with unprecedented speed and accuracy using IDOL’s ability to automatically group data with similar conceptual meaning
Does the platform index the full content of documents or use partial document indexing, and does the retrieval process stop processing, or “jump out,” after a certain percentage of the most relevant results are returned? These common performanceenhancing shortcuts are utilized widely by web-based search engines that are not compliant for legal and regulatory search and retrieval processes. Avoid “partial indexing” and “jump outs” that put you at risk of inadvertent production, failure to identify critical documents for your own defense, and failure to produce relevant files from the collection pursuant to the FRCP.