Publications

Articles

August 2013 – NEW 

eForensics Magazine

Corporate E-Discovery Success Starts with Information Governance

With billions spent on e-discovery every year, it makes sense to address data quality, quantity and location during its lifecycle to have any real impact on corporate e-discovery success.  Information governance is a framework, an actionable program organizations may use to consider how best to address the value of data, its quality, quantity and locations.  E-discovery is  one of many critical components of information governance.  A well-executed information governance program is the method successful organizations are starting to use to effectively address data growth and e-discovery concerns.

 

 

 

September 2012
The Legal Intelligencier

Using Predictive Coding as Another Tool in the Arsenal   

“Counsel must design an appropriate process, including use of available technology, with appropriate quality control testing, to review and produce relevant ESI.”  Judge Andrew Peck

Let’s start with what predictive coding is not. It is not the “eyes on every document” approach of traditional linear review. Predictive coding is a systematic process that is part of a more robust, streamlined review workflow.

“If you have to search for documents, then it is probably not truly predictive coding,” says Herb Roitblat, Orcatec.

Predictive coding is a process (dependent upon the technology used) that uses predictive analytics to find key documents quickly and irrespective of keywords. It uses keyword-agnostic machine learning to show a review expert other relevant documents across the data population. Use of a proven workflow with integrated sampling delivers best defensible results to statistical certainty….

 

Financial Management and the Last Frontier of Uncategorized Legal Spend: eDiscovery and Electronic Billing, with Jane Bennitt, President,  Global eBilling

With the release earlier this year of the UTBMS eDiscovery Task Codes and the current LEDES Oversight Committee project to update UTBMS Activity and Expense Codes, corporate and claims legal organizations will soon be able to understand their discovery (paper) and eDiscovery (electronic) legal spend at a granular level. eDiscovery vendors should expect clients to mandate ebilling as soon as 2013 and law firms will have additional responsibilities in capturing time for these processes handled at the firm. This article will discuss requirements, bookkeeping and other changes necessary for the legal vendor, client expectations, the third party systems used, workflows, the impact on budgeting, ebilling, and common mistakes.

 

July 2012
Digital Discovery & E-Evidence, a Bloomberg BNA Newsletter

Anatomy of E-Evidence in an Employment Action:  How to Remove Chaff

Anatomy of E Discovery in an Employment Action BNAThe data volume deluge of digital evidence available for a case continues to grow exponentially.  Every day people create more data; this is not new to anyone in the field of e-discovery.  We explain this to our colleagues and their clients.  Lawyer and client reaction is either deer in headlight stares when we calculate volume of uncompressed data, or  pleading murmurs of, “isn’t there a ‘find evidence’ button?”  Sadly, we shake our heads knowing that the only way to win the data deluge is to effectively triage digital evidence at time of preservation, again at time of collection, and again at time of processing.   Some technologies are coming along to help us triage volume.  We welcome these technologies and what they may do to help us reduce volume.  However, we still need an effective process which helps us systematically triage our approach to handling digital evidence.

This paper will outline one approach in triaging digital evidence to deal with the volume deluge.  Content will outline key steps in evaluating corporate network systems to find salient digital evidence which may contain potentially relevant information, and some methods for reducing volumes of unresponsive information. Download the PDF »

 

July 2012
Legal Tech Newsletter

Litigation Support Information Governance

What is personally identifiable information?  What are law firms doing to protect personally identifiable information in digital evidence?  How should electronic discovery professionals approach handling personally identifiable information in discovery?

This article will outline what personally identifiable information is in the context of discovery, and will discuss a few key steps law firms should consider taking to protect this information when identified in digital evidence.

 

June 2012
Peer to Peer

A Customer-Focused Vision of Value for Litigation Support

Do you have a good understanding of your clients litigation support needs? If not, being reactive can add additional stress, time and cost to your projects. It’s simple…you need to have an understanding of your clients’ needs, and then deliver strategic service value that is consistent with those needs. It is time to evolve litigation support services into a next generation business model – one that is nimble, flexible and delivers service value consistent with the business interests and direction of the law firm in this new economy.

As the economy and value of work has changed, and as e-discovery has evolved, so must the litigation support department if it wants to remain viable. This paper will outline questions firm management and litigation support department leaders should ask clients and themselves in order to better understand, appreciate and serve future client needs. Listening, understanding, and apply forward are three key elements discussed in this business remodeling article.

 

May 2012
e-Commerce Law & Strategy

Litigation Support for Information Governance: Protection of Personal Identifiable Information

Currently, forty seven states have adopted privacy laws which require that personal identifiable information be properly protected from erroneous disclosure, including in legal or transactional situations.  Organizations are being directed to evaluate how easily PII can be used to identify specific individuals. For example, PII data composed of individuals‘ names, fingerprints, or SSNs uniquely and directly identify individuals, whereas PII data composed of individuals‘ ZIP codes and dates of birth can indirectly identify individuals or can significantly narrow large datasets. However, data composed of only individuals‘ area codes and gender usually would not provide for direct or indirect identification of an individual depending upon the context and sample size. Thus, PII that is uniquely and directly identifiable may warrant a higher impact level than PII that is not directly identifiable by itself.

This article will outline what personally identifiable information is in the context of discovery, and will discuss a few key steps law firms should consider taking to protect this information when identified in digital evidence.

 

 

Trend Spotters

Fall 2012Intelligent Reuse of Data in Serial and Multi-Matter Litigation

Newsletters

July 2012Eleventh Hour Newsletter »

August 2012Eleventh Hour Newsletter »

September 2012Eleventh Hour Newsletter »

Topic – Form of Production

Fall 2012Eleventh Hour Newsletter

Topic – Preservation Letter & File/Data Information