Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – September 2019

Association of Certified E-Discovery Specialists (ACEDS)

Association of Certified E-Discovery Specialists (ACEDS)

8/28/2019: Get a list of all file types on a PC
A free utility from NirSoft.

8/29/2019: New York Court: Can’t Point to Sheer Number of Emails Withheld as Evidence of Improper Withholding
“. .  the fact that the ‘missing emails’ were not a part of the ‘hit emails’ does not establish that Defendants willfully destroyed evidence.”  255 Butler Assoc. LLC v. 255 Butler LLC, Index No. 511560/2015, 2019 N.Y. Misc. LEXIS 4629 at *8 (N.Y. Sup. Ct. Aug. 14, 2019).

8/30/2019: Checking for overlapping numerical ranges
Handy formula to use on a regular basis:


8/31/2019: Network Speed Test
On Windows use Network Speed Test to determine download & upload speeds and network delay.

9/1/2019: FiddlerCap
Intercept web traffic and save the data for an expert to analyze with FiddlerCap.

9/2/2019: Judge Rules on Motion for Letter Rogatory
“Defendants have represented that, under the European Union’s General Data Protection Regulation, they are unable to disclose his address without his consent, which they have not received.” Pearlstein v. Blackberry, Ltd., 13-CV-07060 (CM)(KHP), 2019 U.S. Dist. LEXIS 148510 at *11 (S.D.N.Y. Aug. 29, 2019)

9/3/2019: Checking web page load times with Fiddler
You can analyze how long each element of a web page takes to load with the free download Fiddler.

9/4/2019: find and replace multiple values

9/5/2018: “Outside Vendor” Communications with Counsel May be Clawed Back
Deposition testimony by a non-lawyer witness for MillerCoors that Mekanism was an “outside vendor” was not enough to warrant reconsideration of decision allowing clawback on the basis of the functional equivalent rule.

9/6/2019: Testing out Slack
Analytics in Slack will show which messages are being read.

9/7/2019 XLOOKUP
No longer will users have to specify the number of the column in a long array from which a value should be returned.  The new XLOOKUP function also allows for fuzzy searches to be run.

9/8/2019: Making VLOOKUP run faster
Using the TRUE setting in VLOOKUP will make it work faster, but the data in the first column must be sorted in ascending order.

9/9/2019: 2 VLOOKUPs are better than 1
A VLOOKUP formula set up in a IF formula this way:


. . .  may work 3,000 times faster than a standard VLOOKUP formula when you’re searching through a million rows.

9/10/2019: Running faster dtSearches
The instance setting dtSearchStreamThresholdInBytes controls the maximum file size of documents allowed to be processed directly into dtSearch.   Documents of greater file size must be converted to bytes before they are fed to dtSearch.  Increasing the value in can allow dtSearch to run faster.

9/11/2019: Relativity Short Message Format
Convert Slack, Skype, Bloomberg chats and SMS texts to Relativity Short Message Format for import into a workspace.

9/12/2019: ISO 27001 Certification
Specific practices that must be implemented for ISO 27001 certification include:

Setting computers to require re-logging in with a password after no more than 10 minutes of inactivity; Write permission for USB drives and DVDs must be disabled unless there is specific authorization.

9/13/2019: W.D. Tenn.: Loss of Email During Conversion Not Sanctioned
“The mere mention of litigation or termination in seeking to get business records from an employee, in such unclear circumstances, was not enough here to raise the duty to preserve.”

9/14/2019: Ringtail – Some cool features
Ringtail’s concept cloud will generate a word map for documents in a case.   It can be narrowed to include particular sets of documents, and the more common terms can be excluded.

9/15/2019: Personal Information Protection and Electronic Documents Act (PIPEDA)
Summary of The Canadian statute, The Personal Information Protection and Electronic Documents Act (PIPEDA).

9/16/2019: OCRing Speeds
Nuance OCRs documents faster than Adobe Acrobat or FoxIt Phantom.

9/17/2019: FISMA
NIST has established a framework for implementing the Federal Information Security Management Act.

9/18/2019: ETL
ETL is an abbreviation of “extract, transform, load”, which is a term used to describe the process of exporting data from one source and loading it into a different system in a different format.

9/19/2019: dir command to get a list of only folder paths
If you have a directory in Windows with a lot of subfolders, and you need to get a list of just the folders and not any files which they may contain, you can use this dir command in command prompt:  dir /s /b /o:n /ad > list.txt

9/20/2019: Review File Allocation with TreeSize
Review which directories have disk space allocated to them with TreeSize.

9/21/2019: Troubleshooting the Conversion of Text to Notes with Notestripper
You’ll get an error using the Notestripper add-in for MSWord if you have crossed out text marked for deletion with track changes.

9/22/2019: Using XCOPY to copy contents of folders – /E
adding the operator /E at the end of an XCOPY script will copy the entire folder and its subfolders.

9/23/2019: vba code to remove XE codes
vba code to remove XE codes.

9/24/2019 powershell script to search through text files
Select-String -Path C:\foofolder\txt\*.txt -Pattern beauty

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Association of Certified E-Discovery Specialists (ACEDS)

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