This article was co-authored by Lawrence Bice and Jennifer Castaldo from Larimer Law and was originally published on the Daily Record. Dear John, I have a case in federal court in the early stages of discovery. My client possesses a significant amount of electronic data that I know I will need to produce. I have just received opposing counsel’s document [...]
Look around in any direction and there is a decent chance you can identify a device that contains digital storage capabilities. Drive through a toll booth on the way to work and your journey is being recorded. Go through a red light and “snap”, a ticket arrives in the mail three to four weeks later. [...]
As I explained earlier in my blog about understanding China’s Cybersecurity Law, China is unveiling its Cyber sovereignty strategy by releasing regulations, policy statements and guidelines over time. The latest release was on April 11, 2017, when the Cybersecurity Administration of China (CAC) released their draft of “Security Assessment Measures for Cross-Border Transfer of Personal Information [...]
Conducting investigations can be tricky for multinational corporations. If any of your operations are international, your plan needs to be compliant with local laws and regulations. This can quickly become complicated with discreet investigations – for example alleged conflict of interest amongst senior level executives. If the executives are in an office outside of your [...]
This guide defines the different analytics tools available and explains which types of cases would be best suited for the application of each technology. This post was originally published in January of 2015 in an effort to bring clarity to the options legal teams have when choosing analytics technology and has been updated to reflect [...]
As the average litigation case, data volumes expand and security concerns grow, managing a legacy review tool is becoming more difficult. Legacy review tools also have limitations in case size and features offered. Still, some fear migrating data from a legacy solution to a hosted one, but with planning and careful consideration such a migration [...]
Recently, a number of eDiscovery software companies have been touting DIY and Software as a Service (SaaS) as an alternative to the traditional methods used to prepare ESI for review and production. Currently, law firms and corporations will process ESI in-house or send it to a vendor that provides these services. Once processed, the ESI is published [...]
Continuous Active Learning: Reduce time and cost for your client Background Contract Dispute: Warehouse Distribution There was a change in material facts resulting in substantial financial losses. Law Firm engages D4 and Special Counsel engages for discovery and review, to assist with production of documents related to the case. Case team is comprised of a senior [...]
This post depicts five analytics workflows that will reduce, or possibly even eliminate, document review in the typical case under 100,000 records. While it is true predictive coding and technology assisted review are better suited for cases with more than 100,000 document records, there is a common misperception that only large and very large cases [...]
When leveraged in a Managed Review, the power of defensible, highly prioritized reviews can be adapted to the needs of each case.The need to create and implement time and cost effective discovery-related workflows is not limited to just large firms, or for large discovery projects. Too many times, small to mid-size firms fall into the trap [...]
For some, ECA is a process by which legal teams evaluate matters, performing analyses that help them to model cost and risk factors associated with defending, prosecuting or settling a matter. For others, ECA is a more defined protocol for investigating a specific universe of data and developing plans for collection, culling, and processing in [...]
Outsourcing e-discovery on a project basis can become costly – and hours spent on review consume at least 70% of a discovery budget. The use of advanced analytics can provide a return on investment by saving on the overall cost of review. Handling e-discovery in house can also be a costly endeavor with the staffing, [...]
This post explains three unforeseen challenges with bringing eDiscovery in-house such as hidden costs, supporting the software, and difficulty of implementation. There is little debate that eDiscovery can be a daunting and expensive endeavor. Even small matters can involve scouring through terabytes of data. For some companies, litigation is one of the many costs of [...]
This article was originally published on the Daily Record. One of the coolest gadgets that made it down my chimney this Christmas was the Amazon Echo. You’re not familiar with the Echo? The Echo is billed as a personal digital assistant. Basically it’s a Bluetooth enabled speaker that is also connected to the Internet, but it’s much [...]
This post assesses the role and application of search terms and alternative methods of data reduction during the discovery process. These lines from “Monty Python and the Holy Grail” illustrate the persistent debate about the use of search terms in eDiscovery: Collector: Bring out yer dead! Purveyor: Here's one… Dead Man: I'm not dead. Collector: What? Dead Man: I'm not [...]
Many of us in litigation and litigation support have spent years if not careers managing eDiscovery costs and risks. The volume of ESI has grown at a staggering rate and so has the pace of litigation. The industry has responded in kind. Some gains have come from the use of increasingly sophisticated technology. Others come from new [...]
A few months back I wrote about how legacy review tools (Concordance and Summation, for example) can undermine the productivity of a document review. In that post, I argued three points about these “old-school” databases. First, most firms were not prepared for the challenges of data management required to support an in-house solution. Second, legacy review tools lacked [...]
Welcome to the 21st Century: the age of exponentially increasing data volumes, both national and international data managed by global corporations, reluctance to delete, and reaction to litigation, government investigations, and internal audits. All this, and more, resulting in ever increasing eDiscovery budgets. So, what can we do to lower costs while improving consistency across the board…repurpose [...]
Last week I travelled to Seattle to attend a Microsoft conference where the company announced upcoming enhancements to Office 365. Besides the cool factor of getting to visit the headquarters of the largest software company on earth, I was also wowed by the direction that Microsoft is taking its Office 365 (“O365”) product line. Microsoft [...]
The continued expansion of electronic data combined with the blurring of lines between business and personal information is straining already stretched legal departments. Like any worthwhile endeavor a stable base is needed upon which to set your foundation. For years document review has been synonymous with electronic discovery. This stage of the litigation life cycle [...]