Cases & Deals

SAP uses cost-saving strategies to comply with overwhelming data requests seeking in excess of twenty terabytes of data

Client(s) SAP AG

Jones Day demonstrated significant e-discovery expertise in its representation of SAP AG, SAP America, and TomorrowNow, Inc. in a software copyright infringement matter. Jones Day attorneys, in consultation with an e-discovery vendor, collected approximately 400 custodians' data at client facilities in the United States, Canada, Singapore, Australia, Japan, Germany, the UK, France and the Netherlands. As part of the custodian collection efforts, Jones Day dealt extensively with data privacy issues in Germany, France, and the UK. Of the custodians collected, Jones Day persuaded the Court based on burden to limit the number of custodians to be reviewed and produced to 141 custodians of the hundreds of custodians with potentially responsive data. Jones Day used analytical tools and conducted detailed statistical analysis to create a list of court-approved search terms, which resulted in substantial savings in review costs and time. In reviewing the resulting custodian data, which included multiple languages, Jones Day utilized contract attorneys to help further reduce cost. In addition to the custodian data produced, Jones Day also created a "Data Warehouse" to manage terabytes of native data including software code. The "Data Warehouse" allowed for the opposing party to preview substantial amounts of potentially responsive data and select specific files for production, allowing for increased speed and reduced size and cost of the data production. Jones Day used numerous software tools for data collection, processing, review, and storage, including EnCase, Sharepoint, Attenex, iConect, Summation, CaseMap, and other custom developed software for collection and processing of database and portal data.

Oracle v. SAP AG, Case No. 07-cv-01658-PJH (N.D. Cal.)