Epiq was retained by a leading U.S. law firm to assist with a Second Request issued by the Federal Trade Commission (FTC). A significant amount of data collected (2.5 TB before expansion for the priority custodians) was provided to Epiq on a rolling basis throughout a four-week timeframe as per the Second Request. To comply with the tight timeline, Epiq had to accommodate its processing, analytics, and review services to meet that rolling delivery schedule.
Epiq proposed the following workflows to meet this demanding and fluid schedule:
- Processing: The Epiq client services team ran standard deduplication protocols and a date filter to narrow the collection. All resulting documents were promoted to the review database. This allowed a move from text to technology-assisted review (TAR) application quicker and a quicker start to the review process.
- Technology-assisted review: The Epiq TAR team proposed the use of Equivio’s Relevance, a tool well-known to the regulator, to quickly determine a set of documents that were potentially responsive to the Second Request. Counsel had determined that only potentially privileged documents were to be reviewed by Epiq reviewers.
- Document review: The Epiq document review team worked with counsel to create a defensible privilege screen by identifying individuals and/or companies who would break privilege, grouping documents accordingly, grouping emails to outside and corporate counsel, and providing standardized responses for the various privilege log tabs.
- Production: The Epiq client services team, with the approval of outside counsel, proposed to the regulator that documents be should be produced in a hosted database to which the regulator would have sole access.
The Epiq team worked closely with counsel to achieve the following:
- Processing: Documents were processed quickly for the relevance training and review.
- Technology-assisted review: Approximately 2.5 million documents were run through the Equivio relevance engine. After determining an acceptable recall level (percentage of responsive documents to be reviewed), approximately 65% of the document population was removed from consideration for review.
- Document review: After running a privilege screen containing the names of inside and outside counsel, as well as a list of standard privilege terms, Epiq was able to determine a set of potentially privileged documents (approximately 25% of the possible production set). The Epiq review management team was able to reduce that population by 80% by using the following techniques:
- Leveraging the TAR results for presumed responsiveness and only reviewing documents that may have been potentially privileged on a per doc basis. Families were only reviewed for documents flagged as privileged.
- Applying adjustments to the privilege screen terms that were over-broad.
- Isolating large groups of similar documents that were candidates for bulk tagging that could be excluded from our privilege review.
- To enhance the efficiency of the review, Epiq utilized Equivio email threading and near duplicate analytics to batch out similar threads and groups of documents for review.
- Production: Epiq created a hosted production in a separate database for the regulator’s review. Metadata, text, and natives were exported and loaded to the new database. Redacted and privilege documents were exported as images (multipage tiffs) and families of redacted and privilege documents loaded as PDFs (static native files).
As a result of thorough work flows and unparalleled team work, Epiq delivered a production within the tight time constraints of the Second Request with high client satisfaction.