Tag Archives: ediscovery

A New eDiscovery Podcast is Born!

A new eDiscovery podcast has launched recently featuring difference makers in the industry. eDiscovery veteran and entrepreneur, Brandon Law, sits down with some of the biggest names from law firms, corporate legal departments and service providers to discuss what makes them tick, how they found themselves in this kooky space, and tips for other professionals. From Brandon’s site:

2016-11-03_11-48-32This podcast isn’t for everyone, it’s for people that kinda love eDiscovery. If you secretly love it, but pretend like you hate it, that’s fine too, we won’t tell anyone. But if you don’t know what eDiscovery is, then you’re probably not going to get it.

Our industry is filled with incredible entrepreneurs, technologists, lawyers, judges, bloggers, consultants and project managers – yet, for some reason, we don’t get to hear from them very often. The DAT File is my attempt to dig a little deeper into the stories and ideas we don’t hear nearly enough of.

There are two types of interviews on the podcast – Guests and Company Profiles. Guests are invited by me (Brandon) and tend to focus on the personal stories and opinions of the guest. Although they may talk about their current employer or the projects their working on, the focus is really on them. The other type of show – a company profile – highlights the interesting things an organization is doing. These shows focus less on the person being interviewed and more on the cool stuff they’re working on.

To check out the latest podcasts go to www.TheDatFile.com

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Nuix 101: Replace an Encrypted Zip

This video will show you how to replace an encrypted zip file in your Nuix Case.

To see more Nuix how to videos visit their Youtube playlist here: https://www.youtube.com/playlist?list=PL63768553A2B1803F

Whitepaper: Understanding How Service Providers Charge for eDiscovery Services

The objective of this document is to briefly define the prominent phases of the eDiscovery lifecycle, the fees associated with the different services performed at each stage if outsourced, and how they are measured. Depending on the scope and size of a matter the services provided and how they’re offered can vary significantly from case to case. This short-list is meant to provide a primer for those that have had minimal exposure to large scale discovery consisting of electronic documents and by no means is fully comprehensive of all scenarios that may be encountered.

(Click here to Download full whitepaper pdf)

Click to view PDF
(Click image to view PDF)

View the entire library of case studies, articles and whitepapers at the eQ Resources page: https://www.discovereq.com/electronic-discovery/

Technician? Paralegal? Genie in a Bottle?

Skills, Savvy & Something More: The New eDiscovery Project Manager

If you know hard drives, tape back-up systems and electronic data exchange protocols from A to Z, you won’t necessarily make a good electronic data discovery project manager. If you’re a legal professional, intimately familiar with the laws and regulations governing a specific issue in a specific jurisdiction, you may not make a good EDD manager, either. If you’re a 20-year veteran of corporate or law firm management and administration, you can fall flat on your face trying to manage an electronic discovery monstrosity. If you consider yourself a budgeting expert, good for you-but don’t consider yourself a shoo-in for this job.

If you’re all of the above, you still might not make it as an EDD project manager. In today’s multimillion-dollar, multimillion-document lawsuits and regulatory inquiries, the ideal PMs are a new, absolutely unique breed. [Keep Reading…]

Understanding and Mitigating Cybersecurity Threats to Legal Departments (Free White Paper)

Recently, the FBI assembled 200 top law firms in New York City to alert them to a new trend – increased instances of cybercrimes against law firms. A short time after, the American Bar Association’s Model Rules of Professional Conduct formally recognized that all lawyers have an obligation to keep abreast of the benefits and risks associated with Internet safety and data security.

Clearly, cybercrime represents a serious threat to all members of the legal community, and cybersecurity needs to be a priority. Our new white paper can show you how to protect your network’s security, your client’s data and your firm’s reputation.

via Getting To The Core Of Cybersecurity (Free White Paper).

Why are law firms prone to cybercrime? […read more]

What are the risks of cybercrime? […read more]

How can you protect your firm from cybersecurity threats? […read more]

cybersecurity

New York eDiscovery Practitioners Supporting a Good Cause

Courtney Fay
Courtney Fay

Please help a fellow eDiscovery guru, Courtney Fay, by supporting a good cause.  She’ll be riding in the “Tour de Cure” this weekend to raise money to fight diabetes along with several other members of the Harris Beach team.  Combined, Harris Beach has raised $1,400 for this year’s run.  Let’s help them reach their goal of raising $5,000 before Sunday! Details below.

Tomorrow I go to pick up my race packet for the Tour de Cure.  I am looking at my progress and asking, can I reach Champion statusby the time I pick up my packet?  Champion status means raising over $1,000.  So far I have raised $327, thanks to the wonderful support of so many people.  I think I can reach that goal of champion status, but I need to ask for your help.

My personal fundraising page is right here: http://main.diabetes.org/goto/misscrf

In 5 days, I will ride with our fantastic Harris Beach team, for the Tour de Cure.  I have a long way to go, towards reaching my goal, and I hope you can help me get there.  I have been a champion the last 3 years running.  This involves raising over $1,000.  With your support, I know I can do that again.

Thank you

For the past 3 years, I have ridden for the Tour de Cure, which is close to my heart.  The support I receive every year is overwhelming.  I would like to thank you for encouragement and sponsorship.  I could not do this without.  When I ride, I know you are all behind me.

I’m at it again!

I am riding in the Tour de Cure for the 4th year in a row.

Last year I raised over $1,000!! It was fantastic, and I want to see if I can beat that this year.  Yep, $1,500!  If you donated last year, thank you again.  I hope you can all support me this year, as I join loads of people in riding for this worthy cause.

Why I am riding

My grandfather died before I was born, from complications due to diabetes.  It was always a sadness for me, that I never got to know him.  I ride to find a cure and raise awareness, so that no other kids will miss out on getting to meet their grandfathers.  A colleague of mine has type 2 diabetes, a colleague of mine and a friend from high school both have kids with type 1 diabetes.  No child should have to grow up with such a limiting disease.  We can find a cure and it’s time that we make that happen.  I am excited to be in the fight.

Support Me in Tour de Cure!

I will be cycling in the American Diabetes Association’s Tour de Cure fundraising event. Please support me with a donation by selecting the “Sponsor Me” button. Our efforts will help set the pace in the fight against diabetes. So let’s get in gear and ride to Stop Diabetes!

Help Make a Difference in the fight against diabetes!

Each mile I ride, and the funds I raise will be used in the fight to prevent and cure diabetes and to improve the lives of all people affected by diabetes.

No matter how small or large, your generous gift will help improve the lives of nearly 24 million Americans who suffer from diabetes, in the hope that future generations can live in a world without this disease. Together, we can all make a difference!

Thank you,

Courtney Fay, CEDS
Litigation Support Developer

You Can Teach an Old Lawyer New Tricks

BP-Busienss-Man-Photo“Just print it out for me.”

Famous last words said by many an attorney in today’s technology-laden litigation field. There was a time, (cue nostalgic flashback music), when the largest matters would consist of a few hundred boxes of paper. Today, the sky’s the limit when it comes to the amount of records that can exist in a single case.

When the information age started spilling over into the legal profession, there were few, if any, technical solutions to the technology problem we were all facing. When a client inbox needed to be collected and reviewed for discovery, we did just that: “print it all out.” It did not take long before the very same approach would just about fill the Grand Canyon with dead trees.

As the amount of information being created by our business clients continued to grow, the technology designed to combat the problem got better and faster. Innovation came fast and hard over the next few years, resulting in the birth of eDiscovery.

Today, we find ourselves firmly in the adolescence of industry growth, with more specialists, uniform standards and best practices. The software solutions continue to advance at a trailblazing pace and, at times, even claim to be smarter than we humans. However, keeping up with this technology can be (and often is), a job in and of itself.

So, how are those tasked with supporting the efforts inside of a law firm supposed to keep pace? More importantly, assuming you can keep pace, how do you fight the “just print it out” mentality that exists in virtually all firms across the land? A recent study [1]was conducted that concluded that there is “a profound lack of technological savvy among law firms.” [2]

The most impressive advancements over the last couple of years have surrounded buzzwords like predictive coding and advanced analytics. In a nutshell, these are specialized software tools designed to speed up the pace of review to eliminate as much hourly billable labor as possible during the discovery process. One major caveat is, that if leveraged improperly, one can find herself in a pretty hairy situation. Thus, giving credence to the statement that technology is only as good as those using it [3]. This is no real secret and has played into the trepidation within law firms to hurry up and wait to see how other firms have implemented these new solutions.

The mission of this article is to provide an oversimplified how-to primer on leveraging one (of many), advanced analytical tools as a quality control measure prior to final document production, as opposed to an alternative review methodology. In other words, there’s no need to change the way that you’re currently managing and reviewing discovery documents. This will show you (and your reluctant attorney), how to dip your toe into the shallow end of the fancy whiz-bang tech world by taking the advanced out of advanced analytics.

Let’s assume that your firm has been engaged by your client to represent them in a bet the company type litigation that involves the collection, hosting, and review of a quarter-million documents. For the sake of simplicity, let’s assume all of the documents in question are emails (and their attachments), from 10 key players within the company over a time frame of five years. Your firm has already gone through the process of:

  • selecting a vendor to assist with collecting the email data in a forensically sound manner;
  • converting the records into a easily reviewable format;
  • culling them down using basic filters; and
  • hosting them in a web-based review platform that your attorneys can access from anywhere.

At this stage, the common practice is to have a war-room of contract attorneys conduct the first-pass review of these records for responsiveness and to identify any potentially privileged documents. Typically, after varied levels of quality assurance checks, what results is then produced to opposing counsel. This is a tried and true approach that has become its own industry since the economic downturn a few years ago.

photo.JPG  2448×3264The courts, unfortunately, have given very little leeway in terms of providing realistic deadlines for production, even though the amount of data keeps growing at a break-back pace. Some courts have even started imposing sanctions for consistently missing production deadlines. [4] As a result, the directive handed down in these scenarios is always that of speed. Review more documents in less time. In turn, being that we’re all human, this has led to a number of errors. The worst among them is producing a privileged document because it was improperly tagged. This can have some serious ramifications, because it is not just the document that is privileged, but also the entirety of its content. There are countless horror stories and case studies specifically dealing with the aftermath of this particular scenario. However, for the purposes of this example, we’ll take a look at one way to prevent this from happening by utilizing “Email Thread Analysis.”

Many service providers, due to the slow adoption of advanced and predictive technologies, have started offering these services at little to no additional cost. It should not take you long to find one amongst your existing approved vendor list that would jump at the opportunity to show off their wares.

In this scenario, let’s assume that you and I are two of ten key custodians in question. We both work in the research and development division of a successful tech startup company. I sent you an email back in 2006 that contains information about the project that we’re working on together. Within the body of this email, I make reference to a number of topics that would be considered trade secrets, deeming the record privileged under the parties’ agreement. You respond back the following day with all of the original text from my email in the body of your email. This continues back and forth over the next six weeks, totaling five emails before the email chain stops.

During a traditional linear review, each email within the thread would exist as its own record and designated to a batch to which a contract reviewer would be assigned. Let’s assume that three of the five emails were assigned to one reviewer, and the other two were assigned to another. During the review, these records typically do not get grouped together for side-by-side comparison. Being that all of the content in the original message that made the document privileged also exists in every other email in the thread, it is safe to assume that every email in the conversation should be flagged as privileged. Due to the review being conducted in such a manner, it is not uncommon for one of these emails to slip through the cracks.

The simple solution in this case is to ask your provider run a simple report leveraging email thread analysis technology to identify all anomalies of this nature. In return, you’ll have a list of every single document that is about to be produced that would otherwise contain privileged information. The screen shot below illustrates an example using a five email reply chain.

Paralegal Today Q1 2014

The first branch in this tree shows the originating email in this conversation flagged as privileged. You can tell this by the red circle indicator to the left of the subject line. The second email, or first reply, is also flagged as privileged. As soon as we get to the third email, we see the green tag indicating that this record was flagged as responsive. As you can see, all subsequent emails have been flagged as privileged.

A well-versed provider with the access to the right tools can automate the process of identifying every record that has been tagged within a conversation in contradiction with others.  Usually, you would have someone put an extra pair of eyes on the record in question, along with the surrounding communication to verify that this was not in error.

While this is not an end-all be-all solution to be leveraged across all matters, it is one of many weapons that you should have in your arsenal to prevent potentially costly and embarrassing missteps. Your attorneys will not have to learn anything new, and when asked how you magically found this document, you can say “I used advanced analytics”.

 


kris.wasserman_1368027647_37

Kris Wasserman is a Sales Engineer and passionate technology evangelist with over 10 years of experience working hands-on with litigators, in-house counsel, and litigation support professionals in the face of complex ESI-laden matters and regulatory investigations as an eDiscovery Project Manager. He serves as one of many subject matter experts at Superior Discovery in New York City, providing technical sales support to the business development team. Kris has recently begun providing monthly educational seminars for attorneys and legal support staff for the sole purpose of streamlining the adoption of the latest technology solutions in a client-specific and practical manner.  For more information contact Kris at KWasserman@SuperiorDiscovery.com or follow him on Twitter @KrisWasserman.

[1] ILTA’s 2013 Technology Survey http://www.iltanet.org/MainMenuCategory/Publications/WhitePapersandSurveys/2013-Tech-Survey.html

[2] Does Technology Leap While Law Creeps? http://abovethelaw.com/2014/02/does-technology-leap-while-law-creeps/

[3] EDI-Oracle Study: Humans Are Still Essential in E-Discovery http://www.lawtechnologynews.com/id=1202628778400/EDI-Oracle-Study%3A-Humans-Are-Still-Essential-in-E-Discovery

[4] Perils of E-Discovery Reflected in Sanctions
Opinion http://www.gibsondunn.com/publications/Documents/EvansPerilsofEDiscovery.pdf


This article was featured in “The Paralegal Today” magazine on May 1st, 2014. 

PT Q1 2014 vX.inddWhat’s Inside Each Issue
Here is an in-depth list of all the fabulous articles, columns and features found within the pages of Paralegal Today.

Mission Statement
As the only independent magazine serving the paralegal community, Paralegal Today ’s mission is to provide intelligent, thought-provoking and practical material to its readers, such as: career and technical information to help readers excel in the workplace, coverage of national news, trends and professional happenings that affect paralegals, as well as colorful and informative pieces on unique areas and people in the profession. We encourage our readers to reach out to us with their thoughts, questions and suggestions. Paralegal Today pledges to work tirelessly to benefit its readers in the most professional and unbiased manner possible.

Brief History
In 1983, Paralegal Today put together its first issue for the paralegal community. Then a Dallas-based national publication, the magazine promised to “be as helpful and approachable as a good friend next door.” In December of 1989, James Publishing Inc. of Costa Mesa, Calif., acquired Paralegal Today. With a new look and new ideas, Paralegal Today reached out to its readers with intelligent, timely and informative articles. Paralegal Today is the independent source of information on the paralegal field. Readers subscribe to Paralegal Today to stay abreast of developments within the field and to advance their careers. Utilizing its broad-based, national contacts and resources to keep pace with the evolution of the legal assistant profession, Paralegal Today provides the tools needed by every paralegal to attain his or her career goals. After all, what are good friends for?