The Changing Legal Industry

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "The Changing Legal Industry"

Transcription

1 The Changing Legal Industry Hiring an E-Discovery Expert Can Make Sense AND Save Money Managed E-Discovery If you aren t an expert in e-discovery that s okay In a recent e-discovery ruling Delta airlines was ordered to pay $2.7 million dollars in sanctions for failing to turn over the appropriate Electronically Stored Information (ESI). See In Re Delta/AirTran Baggage Fee Litigation. These penalties were in addition to over $4 million that they have already paid out over the four-year life of the case for failing to produce the requested ESI. How did this happen? Were they intentionally trying to hide documents? It doesn t appear so. However, the court noted that Delta delayed taking two important actions that should have been taken more promptly in order to preserve evidence. First, Delta waited until May 13, 2009 to instruct CSIRT to move the custodians accounts from Delta s standard server onto its litigation server to prevent automatic deletion of their s. Second, Delta did not instruct IBM to suspend its practice of periodically overwriting server backup tapes until sometime between May 19 and June 5, In re Delta/AirTran Baggage Fee Antitrust Litig., 770 F. Supp. 2d 1299, 1305 (N.D. Ga. 2011) ( Delta 2011 ). Unfortunately, outside counsel represented to the court from the outset that all of the requested information had been produced. Indeed, the Court went so far as to say that it would be impossible for Delta to have been more forceful in its assurances that it had fully complied with Plaintiffs document requests and the DOJ s CID. But just days after the Court entered its February 22, 2011 order, it became clear that Delta s rhetoric was far removed from reality. In re Delta/AirTran Baggage Fee Antitrust Litig., 846 F. Supp. 2d 1341 (N.D. Ga. 2012) ( Delta 2012 ). The court found that Delta had not provided the requested information but stopped short of finding that the misrepresentation was intentional. It appears that Delta was in the same situation that many companies and law firms are in when it comes to e-discovery, legal holds, collection and production. They were doing the best they could with what they had but it might not have been good enough. And when it s not good enough the costs and implications can be staggering. Perhaps if communication between the correct people at Delta and their outside counsel had been better the outcome would have been different.

2 How can you protect your company or your client from this type of costly penalty? Make sure that you understand what is expected by the court and the other parties from the outset. In many cases, if you take the time at the start to make sure that ESI and the document review process is being taken care of, you will find yourself miles ahead of the other parties and can take the lead in directing the process and production. There are many valuable resources to get you started, including numerous conferences that offer Continuing Legal Education Credits (CLEs) that can keep you up to date on the most recent developments and issues in the e-discovery world. Well known e-discovery conferences are sponsored by The Sedona Conference, The Electronic Discovery Institute, Association of Certified E-Discovery Specialists (ACEDS) and The Consero Group. If you don t have time to attend a conference, one of the leading online resources (and most comprehensive) is The Sedona Conference organization website. Here you can find publications on various topics including e-discovery that can be downloaded for free. However, in this fast changing world of e-discovery and technology you might also want to consider hiring an expert to save both time and money. Whichever route you decide is the best course of action, here are some guidelines to get you through the process and/or make sure you have selected the best vendor/expert to assist you throughout this quickly evolving phase of litigation. Tip 1 Make sure that you and your client understand what is being asked of them so that they can collect accurate information. Take the time for all of the parties involved to sit down and outline an e-discovery plan. Meet with the in-house counsel and make sure that they understand what the other side is requesting. Don t get caught in the trap of thinking that someone else is doing it or that they know more than you do. As the outside counsel handling the case, you will be speaking to the court and advising them that everything has been collected and that the request for production of documents is complete. To that end, make sure from the start of the conversation with the other parties, the court and your client that everyone is on the same page regarding what information is being collected, how it is being collected, and the timeframe for production. Questions to discuss with your client: 1. What is the time frame for delivery? 2. Will there be one delivery or rolling deliveries? 3. Expected data types? i. LEF ii. PSTs iii. NSF iv. edocs(ms) v. Image Based vi. Other 4. Do you expect to have any non-english language characters/documents 5. Are there any foreign-language search terms? Taking the time to discuss these questions at the start can save you and your client time and money. With the potential added benefit of getting the case off to a smooth start and having the 2 August 2015

3 judge and other parties looking to you for guidance. Not only is it important to gather this information, it is vital that you are able to explain, to opposing counsel and the court, the process that either you or your expert vendor went through from the start of collection to the production. TIP 2 - If you aren t an expert in e-discovery that s okay. Today it is becoming common to hire specialized vendors and non-attorney consultants to assist the parties and the courts in providing technical expertise with the collection, review and production of ESI. The right technology offers a variety of software and services that can assist throughout the ESI process. When looking at experts or vendors everyone asks about the cost of the service. While cost-containment is important, don t forget to consider the experience of the vendor, the project management and the defensibility of the process. The details of the process and the defensibility of the process is what you can hang your hat on when the other side or the court starts asking questions. To start with make sure that the vendor is ISO certified and that the technology meets SSAE16 Type II audit requirements. ISO certification is a set of standards for providing guidance in Information Security Management Systems. Periodic audits are performed to ensure that the standards are being met and that the organization has a system in place to manage sensitive information. Another important thing to look for is a vendor with a clear understanding of the e-discovery process from start to finish. A one-stop shop can assist you from the initial intake of ESI from the client all the way to the production phase. A vendor that can take you from start to finish should be able to provide expertise and direction to make the process easier and more efficient. They should have checklists in place to ensure that all of the questions are being asked to the other parties, outside counsel and in-house counsel to make sure that nothing falls between the cracks. The vendor should be able to offer the technology solution that will host the documents. They should be able to provide a review team to assist with the document review once the documents are processed and be able to prepare the documents for production to the other side. Although a one-stop shop is becoming more common these days, these vendors/experts should also be willing and able to offer a la carte services as well. Don t let them lock you into using their technology if your firm or company already has a technology solution in-house that will do the job. Tip 3 - Once the data is collected and uploaded onto a platform make sure you know what is in the data. Technology today is powerful. It is even more powerful when you know how to use it. Early Case Assessment (ECA) is an invaluable tool to give your legal department or outside counsel access to the information that they need prior to going into the first Rule 26 hearing or meeting with opposing counsel. Unfortunately, most lawyers don t have the time or experience that allows them to easily access the information that the technology platform has to offer. If that s the case, it may be another reason you might want to consider hiring an expert to assist you. It can save you, and your client, time and money. In fact many technology vendors and Legal Process Outsourcing (LPOs) companies are the leading experts in the industry and can offer you assistance and guidance as part of their suite of services. 3 August 2015

4 Be on the lookout for advanced analytics functions that will allow expert users to perform many functions directly within the review tool to help eliminate import/export time, increase review accuracy and streamline the overall workflow. Vendors should be able to help you create review batches based on clustering to generate more precise document coding that will help to streamline the entire review process. The technology should also be able to find and batch tag near-duplicate documents and/or review s by threading. All essential tools that can help you significantly reduce the number of documents that have to be manually reviewed saving both time and money. These ECA tools can also provide invaluable information for you to take to the initial Rule 26 hearing regarding the amount of documents that should be reviewed, the custodians that likely have pertinent information, the time to review the documents, and the cost for the review. Tip 4 If you hire an expert it s important to know what they are doing. A vendor should provide you with the information that you need to know what has actually been done by every person on your project. For example, you should not be receiving a bill from a vendor that charges 10 hours for technology time, and you should not be waiting for weeks to hear from your vendor regarding the status of the collection or the document review. Rather you should receive an invoice with detailed information regarding each expense and you should receive timely updates from the vendor regarding the status of the work and the time frame for the next steps. Only work with a vendor that keeps you involved throughout the process. There should not only be checklists in place, but there should be constant communication throughout the project to allow you to monitor the decisions and actions of your vendor at every step in the process. Continue to look for ways to improve the process whether it be a more efficient review or a more defensible detailed review. You can use the time saved by hiring an expert vendor/lpo to keep your eye on improving the process, using the technology to its fullest capabilities and finding the best available resources for the task at hand to get better results for your client. Some vendors have developed a dashboard that gives clients transparency and real time universal access to track and report on the metrics that are crucial to evaluating a vendor s performance. With a powerful dashboard on your desktop, even the smallest legal department can regularly review the performance of individual attorneys and vendors as a whole. Information gives you control over the project and access to reports that will help defend your legal team s decisions whether it is to your client or to the court. How many people do you need on your next project? Who are the best reviewers? Real time metrics give you access to reviewer rates each day. Can you meet the deadline of the court? The transparency that universally accessible metrics gives your legal team goes a long way to reduce potential issues before they become costly problems. 4 August 2015

5 Tip 5 Contracting for the Document Review = Quality Experts - Process It s important to realize when lower prices and expert services of a LPO are exactly what you and your client need. A good LPO company can provide you with a team of expert attorney reviewers. These teams are often experienced with the document review process from start to finish and have been working on multiple technology platforms for years. A reputable LPO will have a standardized process in place to handle a project from start to finish. Staffing, deliverables, hosting, processing, production, protocol and communication plans should all be mapped out at the onset of a new project. Project Management will follow and includes the orientation phase, first pass document review, quality control process and daily reports. All of this work occurs while the US team is sleeping, ensuring that valuable time is never wasted. Another overlooked advantage of hiring an LPO to perform the document review work is the added benefit of the process of having multiple layers of review for the documents. This process allows multiple levels of review for each document while keeping costs to a minimum. With each human that reviews a document different questions are raised to allow for more conscientious decisions on the most important documents. This provides your clients with the most reliable review process at the most cost-effective rate. Another advantage to the use of an LPO is the ability to supplement your current staff with the outsourced review team, this supplemental and periodic addition of resources might allow your office to take on a project that is larger than they could normally handle. Being able to scale up and add additional resources to your team without hiring 10 to 20 new employees is a tangible benefit to using an LPO for this fluctuating phase of the litigation. Tip 6 - Customizable pricing models a la carte and start-to-finish services Finally, a vendor should offer multiple pricing models to fit every client s needs. It is common these days to offer hourly rates, per document rates, volume discounts for hourly rates, flat fee pricing, monthly pricing, a la carte pricing and bundled discount pricing. A vendor should be willing to work with you to put together the type of pricing model that fits your client s needs. In the ever changing legal world it is clear that law firms and lawyer rolls are continuing to change. The most efficient model will likely be some combination of technology and outsourcing of legal support services to qualified and reputable vendors. These types of relationships will allow both Legal Departments (in-house), Outside Counsel and LPO s to do what they do best and embrace the improvement brought about by technology and leverage technology and manpower to the client s advantage. A win win for all involved. 5 August 2015

6 Lee Holcomb is the Chief Operating Officer (COO) of Cobra Legal Solutions. Lee has been with Cobra since 2010 when she started working with the team in Chennai, India. In the two years that Lee lived in Chennai, she lead document review projects and worked directly with the attorneys to improve quality control and educate the attorneys on the US Legal system. Lee is committed to providing every client with the most cost effective and leading-edge solution in this rapidly developing area. In order to do so, Lee is focused on providing case and client-specific advice about e-discovery methods and best practices for each individual matter. When Lee returned to the US she continued to work with the team in India and took on the added roll of COO. Lee is a member of The Sedona Conference Working Group 1 and The Tennessee Bar Association. Prior to joining Cobra, Lee was a partner at Leitner, Williams, Dooley and Napolitan in Knoxville, Tennessee. Lee received her BA from Rhodes College in Memphis, Tennessee, and her JD from The University of Memphis. Lee is originally from Murray, Kentucky but currently resides in Boise, Idaho. After completing her Undergraduate and Graduate degrees in Memphis, she lived across the State of Tennessee residing in Nashville, Chattanooga and Knoxville, Tennessee. In 2006 she moved abroad with her family to live in Poland, India and Paraguay. Cobra Legal Solutions, LLC 1214 West 6 th Street, Suite 203 Austin, Texas August 2015

for Insurance Claims Professionals

for Insurance Claims Professionals A Practical Guide to Understanding ediscovery for Insurance Claims Professionals ediscovery Defined and its Relationship to an Insurance Claim Simply put, ediscovery (or Electronic Discovery) refers to

More information

Only 1% of that data has preservation requirements Only 5% has regulatory requirements Only 34% is active and useful

Only 1% of that data has preservation requirements Only 5% has regulatory requirements Only 34% is active and useful Page 1 LMG GROUP vs. THE BIG DATA TIDAL WAVE Recognizing that corporations, law firms and government entities are faced with tough questions in today s business climate, LMG Group LLC ( LMG Group ) has

More information

ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery. ZL TECHNOLOGIES White Paper

ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery. ZL TECHNOLOGIES White Paper ZL UNIFIED ARCHIVE A Project Manager s Guide to E-Discovery ZL TECHNOLOGIES White Paper PAGE 1 A project manager s guide to e-discovery In civil litigation, the parties in a dispute are required to provide

More information

Data Preservation Duties and Protocols

Data Preservation Duties and Protocols Data Preservation Duties and Protocols November 2008 HOU:2858612.3 Discussion Outline I. The Differences Between Electronic and Paper Discovery II. The Parameters of Electronic Discovery III. Rule 37(e)

More information

MAKING THE RIGHT CHOICE

MAKING THE RIGHT CHOICE MAKING THE RIGHT CHOICE How to select a data breach response remediation provider in either a pre-breach or post-breach situation by Shawn Melito, NPC, Inc. Integrated Print & Digital Solutions In cooperation

More information

ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation

ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation Brought to you by: ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation Introduction: Rising costs of litigation The chance of your organization

More information

The Disconnect Between Legal and IT Teams

The Disconnect Between Legal and IT Teams WHEPAPER The Disconnect Between and Teams Examples of what each side doesn t know #2 in a series of 4 whitepapers. Circulate this document to,, and company management. It can be used to start a dialog,

More information

ediscovery: The New Information Management Battleground Developments in the Law and Best Practices

ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Sponsored by ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Kahn Consulting Inc. (847) 266-0722 info@kahnconsultinginc.com Introduction The following

More information

Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e

Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e Ba k e Offs, De m o s & Kicking t h e Ti r e s: A Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e Assessment So f t wa r e & Search & Review Tools Ronni D. Solomon, King

More information

How to pick ediscovery software

How to pick ediscovery software How to pick ediscovery software WWW.CSDISCO.COM How to pick ediscovery software Here, from most important to least, are the factors you should consider in picking ediscovery software: 1 SPEED The most

More information

10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young

10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 1 Electronic Records Have Exacerbated the Discovery Burden Employees (custodians) are typically pack rats for electronic

More information

eops 2010: Electronic Discovery Operational Parameters Survey Executive Summary April, 2010

eops 2010: Electronic Discovery Operational Parameters Survey Executive Summary April, 2010 eops 2010: Electronic Discovery Operational Parameters Survey Executive Summary April, 2010 Better information will make E-Discovery more efficient. The multi-billion dollar electronic discovery market

More information

The Disconnect Between Legal and IT Teams

The Disconnect Between Legal and IT Teams WHITEPAPER The Disconnect Between Legal and IT Teams The Duty to Preserve Why manual email archiving and user categorization doesn t cut it anymore #4 in a series of 4 whitepapers. Circulate this document

More information

ediscovery Pricing Models

ediscovery Pricing Models Article ediscovery Pricing Models by John Burchfield and Austin Maddox $ www.dsicovery.com 877-797-4771 414 Union St., Suite 1210 Nashville, TN 37219 (615) 255-5343 The lack of consistent pricing language

More information

Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About

Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About Kelly H Twigger, Esq. Oil and Gas Symposium Arkansas Law Review October 16-17, 2014 Overview In the last two decades, business

More information

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents WhitePaper Concise Guide to E-discovery Contents i. Overview ii. Importance of e-discovery iii. How to prepare for e-discovery? iv. Key processes & issues v. The next step vi. Conclusion Overview E-discovery

More information

Best Practices: Cloud ediscovery Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure

Best Practices: Cloud ediscovery Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure Using On-Demand Technology and Workflows to Speed Discovery and Reduce Expenditure June 11, 2015 Stu Van Dusen Lexbe LC ediscovery Webinar Series Info Future Takes Place Monthly Cover a Variety of Relevant

More information

8 REASONS TO OUTSOURCE RECORDS MANAGEMENT

8 REASONS TO OUTSOURCE RECORDS MANAGEMENT Contents: Untapped Opportunity 8 REASONS TO OUTSOURCE RECORDS MANAGEMENT Before you decide to manage your own records, take a minute to think inside the box. In this report, you will learn some of the

More information

TWENTY-FIVE TIPS FOR EMPLOYEE TRAINING AND SUPERVISION (INCLUDING AVOIDANCE OF UNAUTHORIZED PRACTICE OF LAW)

TWENTY-FIVE TIPS FOR EMPLOYEE TRAINING AND SUPERVISION (INCLUDING AVOIDANCE OF UNAUTHORIZED PRACTICE OF LAW) TWENTY-FIVE TIPS FOR EMPLOYEE TRAINING AND SUPERVISION (INCLUDING AVOIDANCE OF UNAUTHORIZED PRACTICE OF LAW) BY DIANE M. ELLIS FORMER DIRECTOR LAW OFFICE MANAGEMENT ASSISTANCE PROGRAM STATE BAR OF ARIZONA

More information

Top 5 Mistakes Made with Inventory Management for Online Stores

Top 5 Mistakes Made with Inventory Management for Online Stores Top 5 Mistakes Made with Inventory Management for Online Stores For any product you sell, you have an inventory. And whether that inventory fills dozens of warehouses across the country, or is simply stacked

More information

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow WHITE PAPER: PREDICTIVE CODING DEFENSIBILITY........................................ Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Who should read this paper Predictive

More information

Viewpoint ediscovery Services

Viewpoint ediscovery Services Xerox Legal Services Viewpoint ediscovery Platform Technical Brief Viewpoint ediscovery Services Viewpoint by Xerox delivers a flexible approach to ediscovery designed to help you manage your litigation,

More information

Electronically Stored Information: Focus on Review and Strategies

Electronically Stored Information: Focus on Review and Strategies Procrastinators Programs SM Electronically Stored Information: Focus on Review and Strategies Gavin Manes, Ph.D., Avansic Course Number: 0200121220 1 Hour of CLE December 20, 2012 11:20 12:20 p.m. Gavin

More information

Dispelling E-Discovery Myths in Internal and Government Investigations By Amy Hinzmann

Dispelling E-Discovery Myths in Internal and Government Investigations By Amy Hinzmann Dispelling E-Discovery Myths in Internal and Government Investigations By Amy Hinzmann Chances are, if you re a junior to mid-level attorney in a securities litigation practice, you ve been staffed on

More information

E-Discovery in Michigan. Presented by Angela Boufford

E-Discovery in Michigan. Presented by Angela Boufford E-Discovery in Michigan ESI Presented by Angela Boufford DISCLAIMER: This is by no means a comprehensive examination of E-Discovery issues. You will not be an E-Discovery expert after this presentation.

More information

Reducing the Cost of ediscovery in Today s Economic Climate. risk of ediscovery

Reducing the Cost of ediscovery in Today s Economic Climate. risk of ediscovery Reducing the Cost of ediscovery in Today s Economic Climate Strategies for reducing the cost and Strategies for reducing the cost and risk of ediscovery The 2009 Corporate ediscovery Challenge Corporate

More information

E- Discovery in Criminal Law

E- Discovery in Criminal Law E- Discovery in Criminal Law ! An e-discovery Solution for the Criminal Context Criminal lawyers often lack formal procedures to guide them through preservation, collection and analysis of electronically

More information

COST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS

COST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS Legal White Paper Series: The Real Costs & Risks of Email, Part2 COST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS How in-house counsel can leverage Mid-Market Information Management

More information

Making reviews more consistent and efficient.

Making reviews more consistent and efficient. Making reviews more consistent and efficient. PREDICTIVE CODING AND ADVANCED ANALYTICS Predictive coding although yet to take hold with the enthusiasm initially anticipated is still considered by many

More information

ediscovery: In-house vs. Outsource?

ediscovery: In-house vs. Outsource? WHITE PAPER ediscovery: In-house vs. Outsource? www.dsicovery.com 877-797-4771 414 Union St., Suite 1210 Nashville, TN 37219 (615) 255-5343 Table of Contents Introduction.........................................................

More information

Building An In-house Trial Team By R. Jeffery Kelsey 1. Any corporate attorney having responsibility for litigation faces increasing

Building An In-house Trial Team By R. Jeffery Kelsey 1. Any corporate attorney having responsibility for litigation faces increasing Building An In-house Trial Team By R. Jeffery Kelsey 1 Any corporate attorney having responsibility for litigation faces increasing pressure to handle more cases with the smallest budget possible. In-house

More information

Organizations today are faced with an CORPORATE COUNSEL PROVIDE AN INSIDE LOOK AT THE STATE OF E-DISCOVERY EXECUTIVE REPORT

Organizations today are faced with an CORPORATE COUNSEL PROVIDE AN INSIDE LOOK AT THE STATE OF E-DISCOVERY EXECUTIVE REPORT 2014 www.bdo.com EXECUTIVE REPORT CORPORATE COUNSEL PROVIDE AN INSIDE LOOK AT THE STATE OF E-DISCOVERY Survey Finds E-Discovery Effectiveness Requires Significant Improvement, While Scope and Total Cost

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 How To Handle A Traffic Ticket HOW TO USE THIS GUIDE If you read this guide, you will discover what you need

More information

NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services

NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services EnCase Enterprise/ ediscovery Strategic Consulting EnCase customers now have a trusted expert advisor to meet their discovery goals. NightOwl Discovery offers complete support for the EnCase Enterprise

More information

Five Common Project Management Challenges

Five Common Project Management Challenges Five Common Project Management Challenges By Cynthia K. West, Ph.D., Vice President, Project Insight My team speaks with project managers, directors of operations, vice presidents of professional services,

More information

Legal billing and predictive coding A fresh way to assess your legal spend

Legal billing and predictive coding A fresh way to assess your legal spend Legal billing and predictive coding A fresh way to assess your legal spend The legal technology industry didn t really come through with its promise of useful real-time analytics on a phase and activity

More information

BI 2015: View of the Future of Intelligence in Firms

BI 2015: View of the Future of Intelligence in Firms BI 2015: View of the Future of Intelligence in Firms Audrey Mungal Director, Redwood Analytics Product Management 2012 Redwood Analytics User Conference Analysis. Insight. Action. BI 2015: View of the

More information

Acknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25

Acknowledgments Introduction: Welcome to the Labyrinth. CHAPTER 1 Gathering the Evidence 1. CHAPTER 2 Third-Party Experts 25 Acknowledgments Introduction: Welcome to the Labyrinth xi xiii CHAPTER 1 Gathering the Evidence 1 Form 1.1: General Preliminary Electronic Evidence Questions for Your Client 3 Form 1.2: Checklist to Define

More information

IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION

IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION REUTERS / SUHAIB SALEM Written by Kyle Sparks White paper EXECUTIVE SUMMARY Data collection during ediscovery is critically important because

More information

ediscovery AND COMPLIANCE STRATEGY

ediscovery AND COMPLIANCE STRATEGY ONE EASILY AVOIDABLE PITFALL IN YOUR ediscovery AND COMPLIANCE STRATEGY As the mobile workforce continues to grow and more data gets generated outside of the datacenter, bringing that endpoint data into

More information

White Paper: Managing ediscovery Initiatives In-House. Managing ediscovery Initiatives In-House

White Paper: Managing ediscovery Initiatives In-House. Managing ediscovery Initiatives In-House White Paper: Managing ediscovery Initiatives In-House Managing ediscovery Initiatives In-House Introduction Traditionally, enterprises responding to litigation, compliance, auditing or similar events

More information

Freelance Lawyers. The industry's best kept secret. Christopher Kozlowski

Freelance Lawyers. The industry's best kept secret. Christopher Kozlowski Freelance Lawyers The industry's best kept secret. Christopher Kozlowski About Me Co-founder and partner of Streamline Litigation, which I started while I was still in law school at Villanova University

More information

5 Daunting. Problems. Facing Ediscovery. Insights on ediscovery challenges in the legal technologies market

5 Daunting. Problems. Facing Ediscovery. Insights on ediscovery challenges in the legal technologies market 5 Daunting Problems Facing Ediscovery Insights on ediscovery challenges in the legal technologies market Introduction In the late 1990s, ediscovery was in its infancy as legal and IT professionals began

More information

ediscovery WORKFLOW AUTOMATION IN SIX EASY STEPS

ediscovery WORKFLOW AUTOMATION IN SIX EASY STEPS NUIX INFORMATION PAPER ediscovery WORKFLOW AUTOMATION IN SIX EASY STEPS SUMMARY Many organizations rely on a small number of expert staff who have the process knowledge and technical expertise to deliver

More information

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Predictive Coding Defensibility and the Transparent Predictive Coding Workflow Who should read this paper Predictive coding is one of the most promising technologies to reduce the high cost of review by

More information

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices How to Manage Costs and Expectations for Successful E-Discovery: Best Practices Mukesh Advani, Esq., Advisory Board Member, UBIC North America, Inc. UBIC North America, Inc. 3 Lagoon Dr., Ste. 180, Redwood

More information

Are Mailboxes Enough?

Are Mailboxes Enough? Forensically Sound Preservation and Processing of Exchange Databases Microsoft Exchange server is the communication hub for most organizations. Crucial email flows through this database continually, day

More information

Litigation Solutions. insightful interactive culling. distributed ediscovery processing. powering digital review

Litigation Solutions. insightful interactive culling. distributed ediscovery processing. powering digital review Litigation Solutions insightful interactive culling distributed ediscovery processing powering digital review TECHNOLOGY ASSISTED REVIEW Eclipse combines advanced analytic technology with machine learning

More information

BETTER YOUR CREDIT PROFILE

BETTER YOUR CREDIT PROFILE BETTER YOUR CREDIT PROFILE Introduction What there is to your ITC that makes it so important to you and to everyone that needs to give you money. Your credit record shows the way you have been paying your

More information

EnCase ediscovery. Automatically search, identify, collect, preserve, and process electronically stored information across the network.

EnCase ediscovery. Automatically search, identify, collect, preserve, and process electronically stored information across the network. TM GUIDANCE SOFTWARE EnCASE ediscovery EnCase ediscovery Automatically search, identify, collect, preserve, and process electronically stored information across the network. GUIDANCE SOFTWARE EnCASE ediscovery

More information

For Your ediscovery... Software

For Your ediscovery... Software For Your ediscovery... Software is not enough Leading Provider of Investigatory and Litigation Support Services for Corporations, Government Agencies and Am Law Firms Worldwide Our People Make the Difference

More information

Predictive Coding, TAR, CAR NOT Just for Litigation

Predictive Coding, TAR, CAR NOT Just for Litigation Predictive Coding, TAR, CAR NOT Just for Litigation February 26, 2015 Olivia Gerroll VP Professional Services, D4 Agenda Drivers The Evolution of Discovery Technology Definitions & Benefits How Predictive

More information

Proactive Data Management for ediscovery

Proactive Data Management for ediscovery Proactive Data Management for ediscovery Simon Taylor Snr. Director Information Management CommVault Systems Inc. Why ediscovery sucks for IT The US Federal Rules of Civil Procedure Rule 34(a), (b) Definition

More information

A White Paper from AccessData Group. The Future of Mobile E-Discovery

A White Paper from AccessData Group. The Future of Mobile E-Discovery A White Paper from AccessData Group The Future of Mobile E-Discovery Contents 1. The changing landscape of e-discovery 2. New expectations in the courtroom 3. Mobile discovery within corporations 4. MPE+

More information

WHY BUSINESS CONTINUITY PLANS FAIL

WHY BUSINESS CONTINUITY PLANS FAIL WHY BUSINESS CONTINUITY PLANS FAIL 12 COMMON CAUSES AND HOW TO PREVENT THEM By Keith Erwood The ProtectEr, CEO and Principal Consultant The Continuity Co., LLC All material in this report is the property

More information

Stu Van Dusen Marketing Manager, Lexbe LC. September 18, 2014

Stu Van Dusen Marketing Manager, Lexbe LC. September 18, 2014 Best Practices: Litigation Document Management Applying The Latest Lexbe ediscovery Platform Features and Functionality for Fast and Collaborative Reviews and Productions September 18, 2014 Stu Van Dusen

More information

A White Paper from AccessData Group. The Future of Mobile E-Discovery

A White Paper from AccessData Group. The Future of Mobile E-Discovery A White Paper from AccessData Group The Future of Mobile E-Discovery Contents 1. The changing landscape of e-discovery 2. New expectations in the courtroom 3. Mobile discovery within corporations 4. MPE+

More information

All-Inclusive ediscovery Pricing White Paper

All-Inclusive ediscovery Pricing White Paper All-Inclusive ediscovery Pricing White Paper Discovery was once a relatively straightforward process. Interrogatories, document exchanges and depositions took place based on information found in accordion

More information

RECORDS MANAGEMENT RECORDS MANAGEMENT SERVICES. Cost-Effective, Legally Defensible Records Management

RECORDS MANAGEMENT RECORDS MANAGEMENT SERVICES. Cost-Effective, Legally Defensible Records Management RECORDS MANAGEMENT RECORDS MANAGEMENT SERVICES Cost-Effective, Legally Defensible Records Management Does This Sound Familiar? A data breach could send our share price tumbling. I need to minimise our

More information

Call or Visit us Today 800.263.0940 www.altep.com. sponsors 2007-2010

Call or Visit us Today 800.263.0940 www.altep.com. sponsors 2007-2010 Topic Pack: Forming a Lasting Strategic Partnership With Your E-Discovery Provider Call or Visit us Today 800.263.0940 www.altep.com sponsors 2007-2010 Consulting Forensics Paper Discovery Electronic Discovery

More information

ROLLING THE DICE: WHY RELYING ON A/P AND INVOICE APPROVAL SOFTWARE IS A DANGEROUS GAME FOR YOUR LEGAL DEPARTMENT WHITE PAPER

ROLLING THE DICE: WHY RELYING ON A/P AND INVOICE APPROVAL SOFTWARE IS A DANGEROUS GAME FOR YOUR LEGAL DEPARTMENT WHITE PAPER : WHY RELYING ON A/P AND INVOICE APPROVAL SOFTWARE IS A DANGEROUS GAME FOR YOUR LEGAL DEPARTMENT WHITE PAPER ROLLING THE DICE: WHY RELYING ON TRADITIONAL A/P SOFTWARE REPORTING IS A DANGEROUS GAME FOR

More information

Meeting E-Discovery Challenges with Confidence

Meeting E-Discovery Challenges with Confidence Meeting E-Discovery Challenges with Confidence Meeting today s e-discovery and information governance challenges while setting the foundation for tomorrow s requirements is the goal of every legal team.

More information

You Get What You Pay For Best Practices in Choosing a Calendaring Solution

You Get What You Pay For Best Practices in Choosing a Calendaring Solution You Get What You Pay For Best Practices in Choosing a Calendaring Solution By: Chris Gierymski Introduction Every lawyer deals with deadlines, whether they are rules-based, contractual, statutory, or personal.

More information

Taking the Fast Track to Enterprise Search and ediscovery

Taking the Fast Track to Enterprise Search and ediscovery A CommVault Business-Value White Paper Taking the Fast Track to Enterprise Search and ediscovery A white paper that challenges the traditionally held view that organizations must archive information to

More information

Telemarketing Services Buyer's Guide By the purchasing experts at BuyerZone

Telemarketing Services Buyer's Guide By the purchasing experts at BuyerZone Introduction: reasons to outsource The main reason companies outsource telemarketing operations is that setting up a large scale telemarketing call center is expensive and complicated. First you ll need

More information

E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers

E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers MARCH 7, 2007 E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers By Tara Daub and Christopher Gegwich News of the recent amendments to the Federal Rules of Civil Procedure

More information

ACADEMIC AFFAIRS COUNCIL ******************************************************************************

ACADEMIC AFFAIRS COUNCIL ****************************************************************************** ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management

More information

B. Preservation is not limited to simply avoiding affirmative acts of destruction because day-to-day operations routinely alter or destroy evidence.

B. Preservation is not limited to simply avoiding affirmative acts of destruction because day-to-day operations routinely alter or destroy evidence. This is a sample approach to developing a sound document collection process, referenced at Section II(7)(vi) of the Guidelines on Best Practices for Litigating Cases Before the Court of Chancery. It should

More information

A Modern Approach for Corporations Facing the Demands of Litigation

A Modern Approach for Corporations Facing the Demands of Litigation A Modern Approach for Corporations Facing the Demands of Litigation The first pure Software-as-a-Service (SaaS) e-discovery technology designed to help in-house legal teams face the increased risk and

More information

Four Advantages an Online International Payments Platform Gives Your Business

Four Advantages an Online International Payments Platform Gives Your Business Improving Foreign Exchange and International Payments for Your Business Four Advantages an Online International Payments Platform Gives Your Business July 2009 US As every business has noticed the financial

More information

Electronic Discovery How can I be prepared? September 2010

Electronic Discovery How can I be prepared? September 2010 Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics brian.wilkinson@us.pwc.com 410-659-3473 Table of Contents Page 1 Electronic

More information

Minimizing ediscovery risks. What organizations need to know in today s litigious and digital world.

Minimizing ediscovery risks. What organizations need to know in today s litigious and digital world. What organizations need to know in today s litigious and digital world. The main objective for a corporation s law department is to mitigate risk throughout the company, while keeping costs under control.

More information

FUNDAMENTAL TECHNOLOGIES FOR IP TRANSLATION SERVICES

FUNDAMENTAL TECHNOLOGIES FOR IP TRANSLATION SERVICES FUNDAMENTAL TECHNOLOGIES FOR IP TRANSLATION SERVICES 2 The strength of intellectual property documents, including international patent applications, relies in part on the quality of the translation. While

More information

Simplifying Cost Savings in E-Discovery PROVEN, EFFECTIVE STRATEGIES FOR RESOURCE ALLOCATION IN DOCUMENT REVIEW

Simplifying Cost Savings in E-Discovery PROVEN, EFFECTIVE STRATEGIES FOR RESOURCE ALLOCATION IN DOCUMENT REVIEW Simplifying Cost Savings in E-Discovery PROVEN, EFFECTIVE STRATEGIES FOR RESOURCE ALLOCATION IN DOCUMENT REVIEW Simplifying Cost Savings in E-Discovery PROVEN, EFFECTIVE STRATEGIES FOR RESOURCE ALLOCATION

More information

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI

Making Sense of E-Discovery: 10 Plain Steps for Producing ESI Making Sense of E-Discovery: 10 Plain Steps for Producing ESI The following article provides a practical guide to producing electronically stored information (ESI) that lawyers can apply immediately in

More information

Tim Anningson Gavel & Gown Software Inc.

Tim Anningson Gavel & Gown Software Inc. Tim Anningson Gavel & Gown Software Inc. Keeping up with the juggernaut that is legal technology Is flat-out impossible -Law Practice November/December 2014 Types of Legal Software Document Management

More information

ECM AS A CLOUD PLATFORM:

ECM AS A CLOUD PLATFORM: ECM AS A CLOUD PLATFORM: KEEP IT SIMPLE TABLE OF CONTENTS ECM as a Cloud Platform 2 What is a Cloud Platform? 2 What is a Cloud Application? 3 SpringCM The World s Leading ECM Cloud Platform Provider 6

More information

General Counsel Data Survey

General Counsel Data Survey General Counsel Data Survey Facts & Analysis In Partnership With 2014 Consero Group LLC. Reproduction Prohibited. INTRODUCTION General Counsel Data Survey Today s General Counsel wear more hats than ever.

More information

The Cloud for Insights

The Cloud for Insights The Cloud for Insights A Guide for Small and Midsize Business As the volume of data grows, businesses are using the power of the cloud to gather, analyze, and visualize data from internal and external

More information

Sailing Solo. By Daniel J. Siegel

Sailing Solo. By Daniel J. Siegel Sailing Solo By Daniel J. Siegel 30 the philadelphia lawyer summer 2009 One lawyer s journey into the sea of practicing alone can do it. That s what my wife said when I was deciding whether to open my

More information

Elements of a Good Document Retention Policy. Discovery Services WHITE PAPER

Elements of a Good Document Retention Policy. Discovery Services WHITE PAPER Elements of a Good Document Retention Policy Discovery Services WHITE PAPER Document retention especially the retention of electronic data has become a hot topic in the legal industry. In the wake of several

More information

E-Discovery Tip Sheet

E-Discovery Tip Sheet E-Discovery Tip Sheet A Painful Discovery Toward the end of last year, I populated the Tip Sheet with a series on collections (see ediscovery Tip Sheet: Taking Up Collections Part 1, Part 2, Part 3, Part

More information

E-Discovery: Tips & Technology

E-Discovery: Tips & Technology October 21 st, 2009 E-Discovery: Tips & Technology Rhea N. Frederick, J.D., Legal Consultant, Kroll Ontrack 2009 Kroll Ontrack Inc. www.krollontrack.com Discussion Overview E-Discovery Overview Electronic

More information

Best Practices in Electronic Record Retention

Best Practices in Electronic Record Retention I. Some Key Considerations In Whether To Engage An E-Discovery Vendor (Or Vendors) A. It is difficult to decide whether to retain a vendor if you don t know what your organization can do and at what cost.

More information

3 "C" Words You Need to Know: Custody - Control - Cloud

3 C Words You Need to Know: Custody - Control - Cloud 3 "C" Words You Need to Know: Custody - Control - Cloud James Christiansen Chief Information Security Officer Evantix, Inc. Bradley Schaufenbuel Director of Information Security Midland States Bank Session

More information

Client Oriented Document Review:

Client Oriented Document Review: Client Oriented ediscovery Plans Client Oriented Document Review: Micheal Byrd The Mayer Brown Practices Chicago, IL Michael Gordan Fiserv, Inc. Brookfield, WI Paige Hunt Wojcik Perkins Coie LLP Seattle,

More information

PICTERA. What Is Intell1gent One? Created by the clients, for the clients SOLUTIONS

PICTERA. What Is Intell1gent One? Created by the clients, for the clients SOLUTIONS PICTERA SOLUTIONS An What Is Intell1gent One? Created by the clients, for the clients This white paper discusses: Understanding How Intell1gent One Saves Time and Money Using Intell1gent One to Save Money

More information

Simplify Project Management with Salesforce

Simplify Project Management with Salesforce Simplify Project Management with Salesforce Contents Challenges in Project Management Features of Financial Force Project Management Key benefits of Project Management with Salesforce 02 06 10 1 An average

More information

Since 1980, VoteTech is your Answer!

Since 1980, VoteTech is your Answer! So, you are looking for the Best Political Campaign Management tool that offers solutions for Targeted Email, Fundraising, GOTV, Grass Roots Coordinating, FEC & State Reporting, Direct Mail, Polling and

More information

ediscovery Software Buyer s Guide FOR SMALL LAW FIRMS

ediscovery Software Buyer s Guide FOR SMALL LAW FIRMS ediscovery Software Buyer s Guide FOR SMALL LAW FIRMS NE X TPOINT.C O M @NE X TPOINT Aided by the sensible use of technology, small firms should no longer be averse to taking on big cases or processing

More information

THE JOB SCHEDULING JOURNEY. Finding the right scheduler for your organization

THE JOB SCHEDULING JOURNEY. Finding the right scheduler for your organization THE JOB SCHEDULING JOURNEY Finding the right scheduler for your organization TABLE OF CONTENTS INTRODUCTION AN OKAY SOLUTION 04 A BETTER SOLUTION THE BEST SOLUTION 06 03 05 CHOOSING THE RIGHT ENTERPRISE

More information

Renowned Law Firm Reduces Cost and Risk by Moving from Legacy Software to AccessData E-Discovery Suite

Renowned Law Firm Reduces Cost and Risk by Moving from Legacy Software to AccessData E-Discovery Suite LEGAL CASE STUDY Solomon Renowned Law Firm Reduces Cost and Risk by Moving from Legacy Software to AccessData E-Discovery Suite By: Introduction Solomon is a San Diego-based law firm that has provided

More information

Electronic Discovery: Litigation Holds, Data Preservation and Production

Electronic Discovery: Litigation Holds, Data Preservation and Production Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal

More information

Simplify the e-discovery process by learning which tools to use and when to use them. CHAPTER 7. Proactive. Review tools. litigation hold tools.

Simplify the e-discovery process by learning which tools to use and when to use them. CHAPTER 7. Proactive. Review tools. litigation hold tools. THE WINDOWS MANAGER S GUIDE TO INSIDE: Reactive litigation hold tools Proactive litigation hold tools Review tools Enterprise search tools Archive systems CHAPTER Exploring e-discovery tools Simplify the

More information

CT TyMetrix. For Claims Departments, Convergence of Matter Management and E-Billing Creates Opportunity

CT TyMetrix. For Claims Departments, Convergence of Matter Management and E-Billing Creates Opportunity CT TyMetrix For Claims Departments, Convergence of Matter Management and E-Billing Creates Opportunity A single litigation management solution yields numerous benefits for insurers CT Representation Services

More information

Data Sheet: Archiving Symantec Enterprise Vault Discovery Accelerator Accelerate e-discovery and simplify review

Data Sheet: Archiving Symantec Enterprise Vault Discovery Accelerator Accelerate e-discovery and simplify review Accelerate e-discovery and simplify review Overview provides IT/Legal liaisons, investigators, lawyers, paralegals and HR professionals the ability to search, preserve and review information across the

More information

Outlaw v. Willow Oral Argument Motions for Sanctions

Outlaw v. Willow Oral Argument Motions for Sanctions William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior

More information

What Am I Looking At? Andy Kass

What Am I Looking At? Andy Kass Concordance Tip Sheet August 2013 What Am I Looking At? Andy Kass Discovery is the process of requesting, producing and gleaning documents to substantiate assertions of fact in a case. Review is a deep,

More information

10 tips to assess Revenue Cycle Management vendors Pamela Lewis Dolan Publish Date: AUG 05,2014

10 tips to assess Revenue Cycle Management vendors Pamela Lewis Dolan Publish Date: AUG 05,2014 10 tips to assess Revenue Cycle Management vendors Pamela Lewis Dolan Publish Date: AUG 05,2014 Running a financially successful practice depends on efficient revenue cycle management (RCM). RCM describes

More information