This post addresses steps legal teams should take and missteps to avoid upon receiving evidence collected by clients and production data sets from opposing counsel. There have been multiple posts published around the best ways to identify, collect, analyze, review and produce data. This post will not revisit those discussions, but will address the proper course of action one should take on [...]
During his keynote at LTNY, Jeff DeGraff explains why lawyers find it hard to innovate in the delivery of legal services. In contrast, Chuck Kellner explains why successful businesses in litigation support and eDiscovery are essentially—and continuously—innovative. Jeff DeGraff is an innovation guru. He explains to people how they can innovate and what are their impediments [...]
This post defines predictive analytics, explains how it functions and when it can be applied during discovery to facilitate more efficient workflows. In the previous article we introduced the three different groups of analytics one can apply in discovery; structured, conceptual and predictive analytics. The focus of this article will be an overview on predictive analytics. Predictive [...]
A lot of information is being published about the processes and workflows required to support projects that include technology assisted review, data analytics, and other more advanced functionality. Important as they are, I question whether the attention to these new workflows is causing us to lose focus on the foundational building blocks of effective and [...]
Document Review can sometimes be monotonous. Staring at a couple of monitors for hours on end trying some decisions on documents, yeah… not my cup of tea. So, if you’re going to do it you might as well do it right. There are several ways to code records within Relativity all of which are based [...]
Anyone who works closely with me knows I love to define things. Why? Because I want to ensure that everyone I work with talks about things in the same way, and that clear expectations are established on projects. Things tend to go wrong in the eDiscovery process when assumptions are made. So what is this [...]
In the last three years, Data Analytics has been one of the hot topics in eDiscovery and Litigation Support circles, but analytics has been around for much longer. Analytics first arrived in the form of Email Threads (ET) and Near-Duplication (ND). Built on textual analysis, ET and ND software compares the text of a collection of documents against [...]
Part of the buzz at #ILTACON 2016 was how much legal work is moving in-house from outside counsel. Companies that have occasional or even frequent risk of litigation can easily outsource their work. But many companies are seeing increasing need to respond to government inquiries and to conduct their own internal investigations. Once those needs [...]
When should I request a remote collection over on-site? What does the remote collection process look like? Is it defensible? Is the remotely collected data secure and encrypted? I was recently on a call with a client where we discussed the various methods of remote ESI collection. Both of us have been in the legal [...]
This post explains three areas where legal teams are held back when using outdated review technology; data management, database functionalities and overall reliability of work product. In 2011 LexisNexis published an article arguing that electronic data volumes were doubling every three years. Four years later, a 2015 article in Corporate Counsel magazine stated that corporate clients are doubling content [...]
Why does electronic evidence multiply? Why does it move or get renamed or even deleted? It does not do it on its own… so who is responsible and why? The storing and management of electronic evidence has been an important topic for litigation support, legal and IT teams for many years. The most common issues [...]
As we all know, mobile phones and social media applications are storing and retaining more information about their users and their activities than ever. The range of electronically-stored information (ESI)that is fair game in a lawsuit and the case law that governs continues to evolve. Just how much is discoverable, and what are the standards applied [...]
Special Counsel review project managers are famous for their bag of tricks—the knowledge, tweaks, anecdotes, and experience they’ve amassed as a team from the thousands of managed reviews our national project manager (PM) Team have run for clients, both large and small. Clients come to them daily with questions like, “have you ever seen this before,” [...]
Mitigate the risk of sanctions and harsh penalties by addressing the two most important parts of the discovery process — identification and preservation of ESI. The latest proposed amendment to Rule 37(e) addresses and aims to alleviate the burden many corporations feel when it comes to preservation of ESI (Electronically Stored Information). However, the risk remains present [...]
This blog was originally published by our partner X1 and was written by John Patzakis. The adoption of cloud-based Microsoft Office 365 (“O365”) within enterprises is growing exponentially. According to a 2016 Gartner survey, 78 percent of enterprises use or plan to use Office 365, up from 64 percent in mid-2014. O365 includes built-in eDiscovery tools in the [...]
Practicing law means something totally different to International law firms in China. What is the attraction for US law firms in China? What can (and, perhaps more significantly, can’t) foreign lawyers do with China law and practice? Have all firms successfully made the adjustment? Who is the “Red Circle” and what impact will they have [...]
According to a recent survey, there are more than 270 million mobile phone users in the United States. That number is staggering as it actually exceeds the estimated number of U.S. citizens 18 and over. In effect, everyone has a mobile phone and as we all know, there’s more to cellphone functionality than just texting [...]
This post defines the NIST list, explains how the DeNIST process reduces data volumes, and shows DeNIST test results from Windows 7 and Windows XP systems. “Can’t you just DeNIST the data and get rid of all the junk files…?” This is a question I am asked often. It usually comes after an individual attends an eDiscovery [...]
Recently D4 sat down with some of our internal experts and asked them to share their predictions for the eDiscovery industry in 2018. From advanced analytics to preparing for the upcoming GPDR changes, each expert had a unique viewpoint on where eDiscovery is headed in the upcoming year. Here are some of their thoughts: eDiscovery Predictions for [...]
This post explains the FRCP amendments pertaining to eDiscovery and how they improve cooperation, proportionality and provide uniform rules for preservation. Recently, I was privileged to be included on a panel to discuss the 2015 FRCP Amendments. The panel was hosted by the American Bar Association as a part of its 24th Annual Insurance Coverage Litigation Mid-Year [...]
