Problem: An industrial products corporation was attempting a 3-way merger with two others. The company needed to respond to an FTC Second Request to comply with Hart-Scott Rodino Act pre-merger guidelines.
The FTC required our client to review, process, and produce millions of paper and electronic documents from e-mail, PC files, and network files. Also, all documents had to be produced within 45 days of collection. A missed deadline meant a significant setback. The source of the material would have to be re-searched and new documents processed to supplement the production.
What We Did: Kiersted / Systems sent a team of six to Pennsylvania for four months to assist with virtually all aspects of the document production.
Discovery Management and Paper Production: We assisted in developing a highly-successful production methodology. Using production-tracking software we’d developed, we were able to track boxes of paper immediately from their source through the entire production process. Within minutes of files removed from an office, the system was ‘aware’ of their existence and tracked every move. To reduce the chance of human error, the system generated production materials (stickers, forms, box labels, file numbers) each day, organized into packets for each production team.
Through daily reporting from this system, our client knew at all times how many boxes were in each stage of the production process. Using this information, we were able to identify and correct processing bottlenecks instantly.
Electronic Discovery: In order to review and process the immense quantity of electronic data, Kiersted / Systems managed a Central Processing Facility (CPF) for our client, staffed with processing personnel, attorney reviewers, electronic discovery consultants, and project managers.
Electronic data was collected and processed from network servers, e-mail and individual PCs. We obtained e-mail directly from the e-mail server. Technicians in the CPF connected to the mailboxes of identified interviewees and extracted all potentially relevant material to a secure area on the network.
Similarly, the technician swept and extracted material directly from the interviewee’s PC using our proprietary tool. The tool logged system files and directories, and excluded them from further processing. The remaining files were transferred onto Jaz disks and transported to the CPF.
From the CPF, attorneys utilizing our review system quickly and efficiently tagged all items with responsive and privilege flags. From there, responsive/non-privilege material was converted to TIFF and produced to the FTC on CD. Our software meticulously tracked all responsive/privilege calls and the individual responsible for them.
Privilege Log: Our client relied on Kiersted / Systems privilege log coding software. We combined privilege information identified through the production process (both paper and electronic) to send a privilege log that exceeded 40,000 documents. Attorneys took advantage of our unique validation techniques to ensure the privilege log was coded completely, accurately, and consistently.
Results: Our client was able to conduct a comprehensive review of all potentially responsive material in an efficient manner from several locations around the country.
Attorneys were able to review over 1.5 million items in a matter of a few months. We converted and delivered responsive material in TIFF, HTML and native formats. Our analysis of the opposition’s material uncovered many errors that may not have otherwise been identified and fixed.
By identifying and excluding from review over one hundred thousand duplicates, we saved our client significant time and money.
For more information about our Matter Management services, please contact us.
