The demand for remote ESI collections is rapidly increasing. For many situations, legal teams prefer this method over on-site data collections due to its convenience and the tremendous cost savings realized from not having to pay for the forensic consultant's travel costs. This is a case study about a client who needed to collect data from 200 [...]
What happens if you have a huge collection and suspect that only a tiny fraction of that collection is going to be responsive to the request for production? What do you do when you have to perform an internal investigation over a broad dataset that may or may not yield anything to support or deny the allegations [...]
Starting new hires at the end of the week is becoming more and more popular. As organizations start to move away from the typical Monday start-date, we wanted to know if starting new hires on a Thursday or Friday actually has merit. To find out, we asked five Parker + Lynch colleagues to describe their [...]
It doesn’t seem like that long ago that I decided to go to law school. I had a plan. In only a few short years, I would be living out my dream as a practicing attorney. Fast forward about five years and a pile of student loans later. Technically, I was doing what I set [...]
As of 2014, the US spent 17.1% and the UK spent 9.1% of gross domestic product on healthcare-related expenditures. Healthcare in the U.S. is also one of the most heavily regulated segments and the industry represents one of the most numerous parties segments in all of litigation. While, malpractice claims in terms of numbers and for claims [...]
Everyone is familiar with the Electronic Discovery Reference Model, or more commonly referred to as the EDRM, whereby the treatment of electronic data throughout the pre-litigation and litigation lifecycle is illustrated. The EDRM is an iterative process. You might not make it through the entire cycle before a matter is settled; or you might find that [...]
I was invited recently to attend the American Bar Association Section of International Law Spring Meeting in Washington DC and was honored by the opportunity to participate on a panel, “International Dispute Resolution – What Does the Evidence Say?” The panelists included: Vinson & Elkins Counsel Adrianne Goins, Esq. as organizer and moderator; Clifford Chance Litigation Partner Steven Nickelsburg, [...]
For Healthcare Service Providers, new technologies to capture healthcare data can also create eDiscovery challenges. Previously healthcare records were kept in paper. But as a part of the American Recovery and Reinvestment Act, all public and private healthcare providers were mandated to adopt the use of electronic medical records by 2014. Since then the use of electronic record [...]
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 of this, and more, results in ever increasing eDiscovery budgets, with specific emphasis on document review. This stage of the litigation life [...]
Today, an employee from a London company can wirelessly send emails to customers in New York and China from a Parisian café using cloud servers located in Paris, Shanghai, New York City and London. The low cost of data storage coupled with high speed global communications increases the odds that some of a corporation’s data are stored outside [...]
In my last post I gave three reasons why eDiscovery legacy review tools no longer meet the needs of responsible litigators and litigation support teams. Reasons included burgeoning volumes of data, limited database functionality, and poor reliability. Newer SQL-based review tools like kCura’s Relativity and Ipro’s Eclipse offer much better capability to handle these and other issues [...]
If you have had the pleasure of dealing with ESI, and its preservation and collection, you may have heard terms thrown around like bit-stream forensic imaging, file slack, or unallocated clusters. You may have even used the terms yourself without actually understanding what they mean. That is all about to change… What is ESI? Let’s start [...]
What are the buzzwords at LegalTech? In years past, a preoccupation with machine learning algorithms applied to text put “TAR” on the marquee at Legaltech for Technology-Assisted Review. Later, “Cybersecurity” took its place. They are both still on the agenda, and there are more. Here’s a little rundown: LegalTech 2018 Popular Topics: Cybersecurity In his Keynote [...]
When our corporate clients ask us to help with litigation response planning or legal hold protocols, one of the questions we ask is whether for any particular dispute they document their expectation of litigation. Here are some typical responses: "There is not always consensus that we have a reasonable expectation of litigation, but when we issue a [...]
Microsoft has made, and continues to make, billion dollar strides in artificial intelligence, automation, advanced security, threat protection, eDiscovery and advanced analytics. How can Microsoft solve your business, eDiscovery and advanced analytics challenges through their E5 enhancements? Watch this on-demand webinar to learn how Office 365 is changing the eDiscovery landscape and how to better manage your data [...]
Data is duplicated. It’s at the core of how networks work. In the simplest of examples, you send an email, a copy is stored in your sent items and another copy is stored in the recipient’s inbox. If you’re both working at the same company, it doesn’t take long for this to compound continuously and [...]
It all started with Edward Snowden in June 2013 when he revealed to the world that governments (including US and China) were actively collecting information on its citizens. That wake-up call spawned the global cyber awareness that prompted the EU Cybersecurity Strategy in 2013, followed by Japan and the US setting up their own Cybersecurity Acts shortly thereafter. [...]
This blog was originally published on The Daily Record. Two recent cases in two different courts dealt with the issue of technology assisted review (“TAR”) and its use in discovery. At issue in each case was the plaintiffs desire for defendants to use TAR instead of relying on search terms to identify relevant documents. Both courts [...]
Corporate Internal Investigations Best Practices from D4 An estimated 93% of all data created by corporations is in the electronic format. Subsequently, the number of sanctions levied against parties who improperly handle electronic evidence continues to increase. Here are 11 best practices that should be followed when planning and conducting an internal investigation. Internal Investigations Best Practices 1. Identify [...]
Compliance officers, information managers, records mangers, legal departments, and librarians are just a few examples of positions that have completely different roles and things that keep them up at night, but one thing in common: they are in charge of managing the organization’s records. Even though majority of company communication is done digitally, organizations still have [...]
