I had the pleasure of attending the “Money Never Sleeps and Neither Does Social Media: FINRA’s View is the Future for All” workshop at LegalTechNew York last week.  The panelists were Debbi Corej (VP of Compliance at Prudential), Melanie Kalemba (VP Business Development of Socialware), Lisa Sotto, Esq. (Partner and Head of the Global Privacy and Data Security at Hunton & Williams LLP), and Allison Jane Walton, Esq. (eDiscovery Counsel, Symantec).  One neat component of this workshop was that they handed out remote polling devices so that the audience could interact by answering questions anonymously and analyze the results in real-time. 

The first major topic of the presentation was the complexity of privacy laws.  Given the fact that there are more than 10 federal laws, hundreds of state laws, and various industry standards, there is no overarching privacy scheme in place in theU.S.and around the world. U.S.’s privacy laws such as HIPAA for the health care industry, COPPA for children’s data, and DPPA for DMV records require strict security and protection of this sensitive information.  The Federal Trade Commission (“FTC”) has the authority to enforce such laws, however, enforcement typically falls after either a security breach, deceptive statements in privacy policies, or lack of conspicuous notice.  Attorneys General are also becoming more proactive in the fight, yet privacy protection is still a global issue. 

Secondly, having a formidable social media policy (“SMP”) is imperative.  Employees are leveraging their “personal” networks to achieve “professional” success, which drives value in a relationship economy.  Social networks such as LinkedIn and Facebook are designed for users to have one profile, so it is likely to expect overlap between “personal” vs. “professional” content.  To protect the organization, the SMP should describe appropriate business usage of social networking sites (“SNS”).  Here are the Elements of a Social Media Policy Checklist that they provided:

1. Form a social media committee to manage project adoption;
2. Gain consensus of company’s key stakeholders to establish and prioritize objectives and goals of employing social media;
3. Research and understand social media options, benefits, and pitfalls;
4. Determine best fit of company with social media options;
5. Determine which features/options/settings the firm is comfortable with or would prefer to prohibit;
6. Develop firm and regulatory compliance processes;
7. Draft company’s social media policy;
8. Designate employees to test approved social media sites;
9. Collaborate/coordinate with marketing department on guidelines for communicating with the public and pre-content approval process;
10. Work with legal department to develop proper disclaimers;
11. Work with IT department to integrate tools and automate procedures (monitoring, documentation, access);
12. Implement [a] social media training program;
13. Establish monitoring, supervision, and documentation procedures;
14. Activate social media program (enable & automate access); and
15. Review written policy frequently as social media is evolving rapidly

One of the key takeaways from this presentation is that a social media policy should be integrated into your document retention polices because it should be treated just like any other type of electronically stored information (“ESI”).  Companies can either block access to social media all together, or create and implement strict policies and procedures.  Social media can help grow your business, however, the ability to finesse the “personal” use versus the “professional” use can be challenging, yet highly beneficial.

Kevin L. Nichols is the Principal of KLN Consulting Group located in San Francisco, which speciLalizes in Litigation, Diversity and Business Development/Social Media consulting.

For more information, please visit http://www.klnconsultinggroup.com.

Background:

Social Media Never Sleeps at LegalTech New York
Source: original article
Author: Kevin L. Nichols
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

Rob compiles the information from online public domain resources and highlights key electronic discovery related stories, developments, and announcements.  This is supplemented by the editorial staff of The Electronic Discovery Reading Room.

LegalTech wrap-ups

We are still plowing through 35 hours of video interviews.  Our LegalTech video wrap-up will launch next week via our new iPad app which also allows us to export to our blogs.  A very cool app developed by an Apple acolyte who now serves as Chief Technology Officer for the entire Project Counsel Group.  It will allows us to embed the videos interviews, make textual comment, embed the PDF/PowerPoint presentations, provide a neat tracking data that shows our wanderings over the 3 days, etc., etc.  

But there have been some excellent LegalTech wrap-ups.  Here are a few: 

And now, the past week’s news and views:

eDiscovery News: Content and Considerations

• A-Z on E-Discovery: What Does the Future Hold? bit.ly/A8VqZp (Sofia Adrogue, Caroline Baker)
• Anatomy of an eDiscovery Project – bit.ly/xU1fbY (Brett Burney)
• Box Score: Justice 1, Bullies 0 – bit.ly/zDLbCO (Craig Ball)
• Chinese Ministry of Industry and Information Technology Issues New Data Protection Regulations – bit.ly/ykm0rx (Hunton Williams)
• Consultants Key to Predictive Coding Success – bit.ly/z9Cbji (Albert Barsocchini)
• Costly Moments in E-Discovery: A Landscape for Litigators – bit.ly/y6F7mc (National Law Journal)
• Delaware Federal Court Adopts ‘Standard’ for Unique eDiscovery Issues for Corporate Haven – bit.ly/yzpdY4 (Robert Hilson)
• Device Encryption: The Cure for the (Surprisingly) Common Data Breach – bit.ly/wNU2PL (Chris Andrews)
• eDiscovery Cost Recovery in the Digital Age – bit.ly/xcVeeM (Christopher Boehning, Daniel Toal)
• ESI Sampling and Family Relationships (Google+) bit.ly/zRMLg0 (@OrangeLT)
• Fail-Safe Privilege Protection: The Clawback Agreement – bit.ly/x7tGlV (Chris Marzetti)
• Governance: It Doesn’t Matter What, It Really Matters Who – bit.ly/zDiW6K (Dave Martin)
• KPMG Loses eDiscovery Appeal in ‘Pippins’ Labor Case – bit.ly/ylqeAs (Evan Koblentz)
• Managing Information in Litigation: How to Avoid Spending a Fortune – bit.ly/AwKAhw (Adam Losey)
• “No Harm, No Foul? No Way.” | Williams Mullen – bit.ly/yVP7EM (Monica McCarroll, Stephen Anthony)
• Ooops, They Did it Again – Jurors Continue to Improperly Use Internet, and Courts Struggle with Solutions – bit.ly/wmffPX (Gibbons)
• Pippins Court Affirms Need for Cooperation and Proportionality in eDiscovery – bit.ly/AuGsUO (Philip Favro)
• Planning is Key in Corporate Fraud Risk Management – bit.ly/x02ZBG (Catherine Dunn)
• SOPA and PIPA Have Been Shelved | eDiscovery Law Alert – bit.ly/AbEFu5 (Erich Falke)
• “The Hacker Way” – What eDiscovery Can Learn From Facebook’s Culture and Management | eDiscovery Team® – bit.ly/AiJRKS (Ralph Losey)
• Voom v. EchoStar: First Department Analyzes When Duty to Preserve Evidence is Triggered – bit.ly/vZOPF2 (Kevin Broughel, James Worthington)
• What Causes Lawyers to Over-Preserve? bit.ly/yidh22 (Craig Ball)

Reports and Resources

• 2011 Year-End Data Privacy and Security Update – bit.ly/xeMiYu (Gibson Dunn)
• 76% of Business Execs Would Pay Premium for Certified Information Professionals – bit.ly/yJcLap (John Mancini)
• AIIM Study Shows Eliminating Paper From Processes Improves Customer Response Times by 300 Percent – bit.ly/z437qz (Marketwire)
• eDiscovery Best Practices: A Staged Look At Process And Law (Google+) bit.ly/Ash9Zd (@OrangeLT)
• Pretrial Practice & Discovery Newsletter | Winter 2012 – bit.ly/xSSMFx (ABA)
• The Role of Aspiration in Corporate Fiduciary Duties – bit.ly/xYXUMA (Julian Velasco)

Technology and Tactics

• Addressing Three Major Email Threats – bit.ly/ykkAv1 (Jeff Orloff)
• Big Data Makes Banks Rethink Storage | InformationWeek – bit.ly/Ahdn10 (Bryan Yurcan)
• Companies Hit With 14,215 Regulatory Announcements Globally In 2011 – bit.ly/xilqhg (Thomson Reuters)
• Data Geeks, Meet Wolfram Alpha Pro – bit.ly/wTMFBk (Mark Hachman)
• Departmental Created Specialized Software: Two Reasons To Relinquish It – bit.ly/zFVDXL (Rees Morrison)
• Email Service, Technology Providers Creating Security Standard – bit.ly/wFc7x2 (ProofPoint)
• Federal Standards Body Focuses On Big Data, Cloud – bit.ly/ymm3Rn (Nicolas Hoover)
• Feds To Employees: Use Your Own Devices At Work bit.ly/w9u3Zf (Elizabeth Montalbano)
• Get Benchmark Compliance Policies in a Mouse-Click – bit.ly/w07FrB (Catherine Dunn)
• How to Protect Your Intellectual Property in the Cloud – bit.ly/xVHt6i (Stephanie Overby)
• How To Write A SAN RFI – bit.ly/Awt8rE (Kurt Marko)
• Many IT Pros Are NOT Encrypting Customer Data – bit.ly/A1R67u (Sharon Nelson)
• Pinterest Hits 10 Million U.S. Monthly Uniques Faster Than Any Standalone Site Ever – tcrn.ch/Ad3pBm (Josh Constine)
• Rejoice, for the PST Capture Tool Has Been Launched! bit.ly/ADUdm0 (Casper Manes)
• Searchandising – Ending Search Engine Dominance? – Retail Gazette – bit.ly/yIiVwv (Roger Mitchell)
• Solid State Disk Drives: There’s a Price for Speed, Safety – bit.ly/wGDZeN (John Roman)
• Tech Spending Remains Strong, Despite Economic Risks and Volatility, According to IDC – bit.ly/xEZ0q7 (Business Wire)
• The Next Big Social Network Is You – bit.ly/xZsBzN (Eric Lundquist)
• The Potential Traps of Cloud Computing – bit.ly/wRCk4t (Timothy Cahn)
• VeriSign Breach May Reaffirm Certificate Authority Security Model – bit.ly/xHTCdf (Ericka Chickowski)

Sight and Sound

• CPDP 2012: eDiscovery Panel 1: Basic Principles of eDiscovery | YouTube – bit.ly/wVKKIV (Monique Altheim)
• CPDP 2012: eDiscovery Panel 2: Cross Border eDiscovery in the EEA | YouTube – bit.ly/wVWwtZ (Monique Altheim)
• CPDP 2012: eDiscovery Panel 3: Hot Topics in eDiscovery | YouTube – bit.ly/A8AlBJ (Monique Altheim)
• Judge David Waxse on Gaining Control of EDD Costs – bit.ly/zZXJUt (Monica Bay)

Vendor Views: Industry Landscape

• AccessData® Nominated “Best Security Solution” and “Top Solution Providers to Watch For in 2012” bit.ly/xEW3Eu (Business Wire)
• Actiance Expands Reach Into Federal Sector With AltaTek Partnership – mwne.ws/zZFKmA (Marketwire)
• Arkeia Software Formalizes Industry Advisory Board – bit.ly/AvRc2T (Press Release)
• Catalyst Releases Insight for General Availability – bit.ly/xOGkbM (Press Release)
• CommVault Announces Third Quarter Fiscal 2012 Financial Results – bit.ly/zSRzlG (Press Release)
• Complete Discovery Source Expands Into San Francisco and Chicago – bit.ly/yirUSC (Marketwire)
• Concept Searching Announces the Smart Content Framework™ – bit.ly/zctp8c (PR Web)
• D4 Expands Further into the Florida Market – bit.ly/wsVKgK (PR Web)
• eDiscovery Journal’s Take:  Guidance Software Acquires CaseCentral – http://bit.ly/yZXvgw (Barry Murphy)
• Guidance Buys CaseCentral to Make End-to-End eDiscovery Platform – bit.ly/wj0hY3 (Sean Doherty, Brendan McKenna)
• Guidance Software Reports Q4 2011 Financial Results – bit.ly/xjYDIN (Business Wire)
• Guidance Software to Acquire CaseCentral – bit.ly/Aroc78 (Press Release)
• Information Symmetry: Guidance Software Buys CaseCentral — Enterprise Strategy Group – bit.ly/zzQZTJ (Katey Wood)
• Investors Bet On Open Text After Solid Beat In Q2 – bit.ly/xRBhWu (Peter Barlas)
• KPMG Releases New Discussion Paper on e-Discovery Statistical Sampling – prn.to/ybIFN5 (PR Newswire)
• Kroll Ontrack Develops Unique Capabilities That Improve Data Recovery from Solid State Media – bit.ly/yTaThe (Business Wire)
• LegalTech Recap: Big Data, ECA, Enterprise Dropbox and Cocktail Party – bit.ly/zgMwQb (Joshua Kunkle)
• Merrill Corporation’s Julie Colgan Elected President of ARMA International – bit.ly/xvcNmt (Business Wire)
• New York State Bar Association Brings Recommind’s Decisiv Search to NYSBA.org – bit.ly/AhrwS4 (Press Release)
• Nextpoint Introduces Discovery Cloud WIRE™ Technology, Enabling Direct Exchange of Data in Discovery – bit.ly/yn94eT (PR Web)
• OrangeLT™ and Marathon Document Solutions Partner in Denver for eDiscovery – bit.ly/yJ5qiM (@OrangeLT)
• Passware Contributes to Mac Forensics by Decrypting FileVault – yhoo.it/wSm4RF (PR Newswire)
• Pinsents and McGrigors Confirm Merger Under Pinsent Masons Brand – bit.ly/A57BCj (Rose Orlik)
• Pitney Bowes: Christopher Johnson Appointed Vice President, Product Management of Volly™ – bit.ly/xxbmFv (Press Release)
• Polsinelli Shughart Adopts Ipro Eclipse Across Its 16 Offices – bit.ly/zLeRzh (Brendan McKenna)
• PureDiscovery Launches LegalSuite V2.1 Adding “Focus” Semantic Search Visualization – bit.ly/wZwkki (PR Web)
• Robbins Umeda LLP Selects Relativity for e-Discovery Document Review – bit.ly/w7Mj47 (Press Release)
• Tim Kenney to Manage New Client Services Group at Handshake Software – bit.ly/zuUsrm (Press Release)
• What the SAP Agreement Means for ISYS – bit.ly/ycTNy6 (Bob Smith)
• X1 Social Discovery Collects Data in Social Networks – bit.ly/xaZDyK (John Waters)

2012 eDiscovery Events

MARCH

LegalIT Business Show
March 6 – 7, 2012
London, UK
Click here for more information.

IP Counsel Forum
March 7 – 8, 2012
San Jose, CA
Click here for more information.

AIIM 2012 Conference
March 20 – 22, 2012
San Francisco, CA
Click here for more information.

The Sedona Conference Institute’s 6th Annual Program on Staying Ahead of the eDiscovery Curve
March 22 – 23, 2012
St. Louis, MO
Click here for more information.

ABA TECHSHOW 2012
March 29-31, 2012
Chicago, IL
Click here for more information.

APRIL

ACEDS 2012 Conference
April 2 – 4, 2012
Hollywood, FL
Click here for more information.

Hosting and Cloud Transformation Summit – Europe
April 2-3, 2012
London, UK
Click here for more information.

12th Annual Super Conference
April 23 – 24, 2012
Chicago, IL
Click here for more information.

For Complete Events Calendar Visit – http://tinyurl.com/24cbckg

For questions, comments and suggestions you can always email us at: manager@theposselist.com.

A few words about our sponsor, Orange Legal Technologies …

Orange Legal Technologies is a full service e-discovery provider that delivers core e-discovery capabilities with its proprietary OneO® Discovery Platform.  Delivered under a SaaS model, the OneO® Discovery Platform is a fully integrated, web-accessible electronic discovery platform that enables users to analyze (early data assessment), process, and review electronically stored information online, from the security of a hosted centralized repository.

Launched nationally in 2008, Orange Legal Technologies has a strong history of proven performance in complex e-discovery support to include matter expertise such as:

* Clinical Trial Litigation
* Employment Litigation
* Government and Regulatory Investigations
* Patent/Trademark Litigation
* Product Liability Litigation

Having served over 500 clients since inception and with over 50 clients leveraging the OneO® Discovery Platform since its introduction, Orange Legal Technologies has worked with some of the world’s most well known corporations and law firms.  To learn more about Orange Legal Technologies, visit www.OrangeLT.com.

definedfriend7th Circuit Pilot Program Could Have Wide-Ranging Impact – bit.ly/yTa1Uq (Mathieu Shapiro, Aaron Peskin)

• A Reply to Information

Background:

February 11th weekend edition of “Top 20 … plus more” compendium of e-discovery news: with LegalTech wrap-ups
Source: original article
Author: posselist
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

I’ve just returned from another great, high-energy and exciting LegalTech conference in New York. I love that show! Large crowds of old and new friends, and incredible buzz.

There was no shortage of software solutions that could be deployed either in-house or in the cloud, but the availability of eDiscovery solutions that are fully parallel with distributed Virtual Machine architectures was minimal. I predict that will be the buzz next year, as the capability makes perpetual scalability easily attainable. Some of the showcased solutions cover the entire EDRM, whereas others address just parts of it. Some vendors also provided legal expertise to implement a solid legally-defensible methodology including templates, a well-documented quality control methodology, and referencable case law.

We saw the beginnings of new approaches to Early Case Assessment, where next to the traditional quantitative data-processing eDiscovery approach, some vendors also made it possible to use advanced text, audio and image search in combination with content analytics and data visualization for more qualitative Early Case Assessment (ECA) approach. We also saw advancements in Machine Assisted Review (including automatic creation of random data-sampling sets), Machine Translation and Automatic Redaction on hundreds of languages, electronic file formats and different database repositories including popular cloud-based data collections.

But, besides all these high-tech innovations, one of the key questions remains: can you collect from “my repository” – which is often comprised of legacy email archives or other obsolete content management systems for which support no longer exists. I hope that all the eDiscovery pain and challenges related to these proprietary archives makes organizations look for more enduring and sustainable open archive solutions in the future. In reality, if everything had been archived in XML, for instance, than collection would be a simple endeavor as well.

Another continuing question relates to legal production formats. Many law firms negotiate sometimes exotic or at least uncommon requests or they have found out that TIFF is not the best format to produce XLS (formulas), PPT (animations) or video. Intelligent and flexible legal production functionality can make or break a deal.

Also, for the first time at LegalTech, many visitors shied away from the eDiscovery bells and whistles and wanted to learn more about “proactive eDiscovery” for information management, enterprise information archiving, legacy information clean-up, defensible disposal, data monitoring for internal investigations such as non-compliance,  early fraud detection and other intelligent governance tools. The focus seems to be shifting away from solely limiting risks and costs on specific matters, but looking to use the software for better knowledge management and to assist an organization to implement its strategic goals.

In the upcoming weeks, I plan to elaborate in more detail on these topics in my blogs, so look out for more!

Background:

Another Great LegalTech 2012
Source: original article
Author: jcscholtes
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

I missed Legal Tech this year.  For each of the past four years, I have made the trek to the zoo at the New York Hilton to see what was new in e-discovery, network, and, hopefully, meet someone that would like to hire me.  (That’s really why we all go, isn’t it?)  But, this year, I had to work.  And, you know what?  I really didn’t miss it all that much.  The crowds, the vendors on the floor vying for your attention, the dozens of iPad give-a-ways…well, okay, I did miss it some, but not as much as I thought I would.  You know what I really missed?  People.  Legal Tech has become an opportunity to see some folks in our industry that I’ve really come to care about, and I missed seeing them this year.

So, what’s the e-discovery connection?  People.  As I was mulling over what I missed about Legal Tech, it occurred to me how amazing it is that I’ve met so many incredibly talented and interesting people all as a result of the sudden emergence of the e-discovery industry – IT professionals and paralegals, records and information management experts, training professionals, lawyers with an unusual interest in all things technological, and the list goes on.  And that, friends, may well be the best thing that has happened since the revision of the Federal Rules of Civil Procedure in 2006.

E-discovery has forced folks from different walks of corporate life to come together and work as a team.  Where formerly we had only uncomfortable, occasional interactions between IT and legal, we now have formal working groups, teams of professionals leveraging their respective skills and talents towards a common purpose: helping the company meet its legal obligation in as efficient and effective a manner as possible.  And that is a good thing.  I am increasingly impressed by the level of cooperation and collaboration that I see between corporate legal and IT departments (and, when you are really lucky, the Records and Risk Management departments as well).  This week, while I was missing Legal Tech, I was introduced to a new client.  This company manufacturers consumer products, and, since we live in the United States, it is subject to constant litigation.  Over the past decade, the company has developed and refined its discovery response capabilities to ensure that ESI potentially relevant to virtually any matter can be quickly identified, preserved and collected when required.  Any litigating attorney can tell you what a relief it is to feel confident about her client’s ability to respond appropriately and effectively to demands for ESI.  Few of us felt that way about most of our clients not so many years ago.  And what has made the difference is people.

So, with luck, I’ll be back at Legal Tech next year to see my friends, people who have effected such a remarkable change in the way we practice law over such a remarkably short amount of time.  In the meantime, maybe we can catch up between flights in Atlanta?

Dennis Kiker,
dennis.kiker@leclairryan.com

Background:

Missing LegalTech
Source: original article
Author: Dennis Kiker
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

By Tom Groom, VP, Discovery Engineering

D4 just returned from LegalTech New York 2012. Predictive Coding, Technology Assisted Review (TAR), Computer Assisted Review (CAR), Automated Categorization – whatever-you-want-to-call-it – was the “soup du jour,” as we predicted some time ago.

Many of my peers and I will be blogging over the next few days on what we saw and learned this week in New York. I thought it would be a little fun and different to be the first to share what I see as one of the key themes for next year’s show! Are you ready?…All-in-One eDiscovery Platforms. From processing incoming ESI through review (including analytics) to robust production capacity – all without leaving the platform. I think we will see several solutions reach that lofty objective throughout this year. Some are actually ready today.

I saw three in this class of platforms at LTNY 2012 and got a sense of where they are going. Two others that were “expected” were actually absent from this year’s show.

LexisNexis’ Evolution was not present at LTNY 2012. Some attendees were disappointed, but not too surprised. LexisNexis has LAW for incoming processing and production creation. They just need to complete the new “Concordance Evolution” to have an All-in-One solution. LexisNexis did release a new Early Data Analyzer tool that appears to rip through data and we are looking forward to testing that in our lab.

The same can be said for AccessData. FTK is a solid forensic tool and the AD ECA product can quickly rip through data and allows access through a browser. AD announced Summation Pro late in 2011 to eliminate the multiple versions and platforms of the Summation family. IBlaze, Summation, CaseVault, Casevantage and parts of AccessData’s tools are being rolled into the Summation Pro solution. We are excited about the future with their product suite, but it isn’t all quite there yet, in my opinion.

KCura’s Relativity leads the pack with regard to a review platform. The kCura ecosystem continues to grow with a new Review Manager application that will enable project managers to enter and manage metrics to track and forecast the over review project. Gantt charts, critical path identification, and “what if” analysis can be performed in advanced for planning, as well as, throughout the review project for management. This goes far beyond the Reviewer Statistics reports that are currently being used. Another new application in the ecosystem is Fact Manager which provides much of the functionality as case management tools like CaseMap and Case Notebook. Fact Manager users can identify key issues, key people, key dates and create timelines and summaries complete with links to supporting documents. Of course, Relativity Assisted Review (RAR) was being promoted along with the other Technology Assisted Review solutions at LTNY 2012.

The big kCura news at LTNY 2012, however, is the announcement that by the end of the year, Relativity will include a native file ingestion system, which will enable direct loading of unprocessed data into Relativity. We saw this coming since the current release (7.3) provides a new Native File Conversion functionality that provides more control for TIFFing and production. Providing native ingestion is the other end of that functionality.

Once kCura wires in native file ingestion, they will have a complete All-in-One solution that can ingest, process, review (with Analytics, Near Dupe, Email Thread, and Assisted Review) and create productions without data leaving the Relativity environment.

I was given a chance to see IPRO’s revived Eclipse review application and was impressed. Users of Relativity and Concordance will find using Eclipse to be familiar and very easy to pick up. IPRO Eclipse builds on many of the solid IPRO tools that have been used for years, including IPRO Allegro (Early Data Analysis) and IPRO Build (Production creation module). IPRO Eclipse leverages Content Analyst technology for Near Dupe, Email Threads and Concept-based analytics.

Many workflows that have to be performed with external scripts in other applications are built-in features in Eclipse and can be performed by users with sufficient rights. For example, coding rules based on fields are as easy to set up as rules are in Outlook. The release I saw is still being completed and is scheduled for release in March. IPRO has been in the native file processing business for some time, so that isn’t new to them. Data processed with IPRO’s tools can be directly loaded into Eclipse. The processed native files don’t have to be exported from the processing tool then imported into review platform. As with Lateral Data’s Viewpoint (more below), the native files don’t move – just the pointers are moved to the review platform. This means hundreds of thousands to millions of records can be published from processing to review in the matter of seconds versus hours to days, as done today with other systems.

I also looked at Lateral Data’s Viewpoint. Lateral Data approaches the market from a “service bureau” point of view and has years of developing software to ingest, as well as, scaleable TIFF conversion for their own production services. They were missing a review platform and began developing Viewpoint a few years ago. Viewpoint has matured in 2011 and now includes Near Dupe, Email Thread, Conceptual Search and Assisted Review.All of these are based on cutting edge, non royalty based software. As with IPRO’s Eclipse, raw ESI ingested into Viewpoint remains in the same location on storage from ingestion through production, which can save days in the processing cycle.

Summary
You might find it helpful to keep in mind the “initial DNA” as you compare these platforms. Lateral Data’s Viewpoint was designed and developed to address the needs of their services business where incoming processing and production conversion were critical. Relativity was designed as a “review platform” and is just now getting into robust production and, by of the end of the year, incoming processing. IPRO has traditionally been a pure software development company providing tools for scanning, incoming processing and production and now document review. LexisNexis and AccessData approach the market from their unique perspective.

So, by LTNY 2013, we should see All-in-One eDiscovery solutions from LexisNexis, AccessData, Thomson Reuters, Symantec, kCura, IPRO and Lateral Data. There are likely others that I’ve missed (please let me know if I did). All of these will boast “seamless ingest, review, produce without having to move data in and out of multiple applications.” And yes, all of these will have some type of “Assisted Review” that was so prevalent at this year’s show.

See you next year in New York!

Background:

What’s Going to Be Hot at LegalTech New York 2013?
Source: original article
Author: d4admin
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

If you thought descending on New York was going to be a vacation, you are probably feeling otherwise by now.  I am confident that the recuperation process has begun after another successful LegalTech Show.  If you have ever been before, this year’s show had the typical “glitz and glamour” as past shows.  Last year, the talk of the town was Early Case Assessment (“ECA”) and nearly every workshop or presentation incorporated the topic in some shape or form.  In contrast, this year’s show nearly made no mention of ECA.  Instead, the unofficial theme of the Show was “Assisted Technology Review,” otherwise known as Predictive Coding, or more recently referred to as Predictive Priority ^TM.

The first plenary session titled, “Man vs. Machine: The Promise/Challenge of Predictive Coding & Other Disruptive Technologies” featured Maura R. Grossman (Litigation Counsel at Wachtell, Lipton, Rosen & Katz), Ralph Losey (Partner and National eDiscovery Counsel for Jackson Lewis), and The Honorable Judge Andrew Peck (U.S. Magistrate Judge for the Southern District of New York).  The title of this session was somewhat misleading because by the end of the presentation, the conclusion was clearly a resounding “machine” as the victor, with little to no discussion about the “man” side of the equation.

Future blog posts will dissect the contents of this panel more in-depth because there was a lot of content discussed, yet one major takeaway is a baseline definition of “Technology Assisted Review” (“TAR”) which was defined as:

…an umbrella concept that involves keyword search, conceptual search, clustering, relevance ranking, sampling and predictive (aka computer-assisted) coding…[meaning] tools that use sophisticated algorithms to enable the computer to determine relevance, based on interaction with (i.e. training by) a human reviewer. – Man vs. Machine Plenary Session

This definition takes into account the need for the “human reviewer” to be a seasoned partner or team that codes a “seed set” of documents that the computer will use to prioritize the review and/or determine responsive versus non-responsive documents.  Grossman described the process with an analogy of an ophthalmologist’s examination, where an individual’s eyes are tested with lenses on the left and right side to determine the appropriate strength of the prescription.  Eventually, it will become challenging to differentiate between the lenses and that is when your prescription has been identified.  Similarly, the “high level trainers” as Losey referred to them, will train the computer to identify the appropriate documents to review and produce.

While the bulk of the show focused on TAR, very little emphasis was placed the importance of where TAR would be most effective and where it should appear in the Electronic Discovery Reference Model (EDRM).  I argue that it should occur where LegalTech left off last year, in ECA.  ECA allows you to access the entire corpus of documents and infuse your seed set at the beginning, before it gets to the review phase.  Then you can feel more comfortable with the integrity of the data set that will be used for the traditional manual review.  Stay tuned, for there is more to come from LegalTechNew York!

Background:

LegalTech New York Graduates from “ECA” to “Assisted Technology Review
Source: original article
Author: Kevin L. Nichols
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

As we approach LegalTech New York next week, oft referred to as the Super Bowl of legal technology events, there are any number of helpful blogs and articles telling new attendees what to expect, where to go, what to say, what to do.  Undoubtedly, there’s some utility to this approach, but since we’ll be in New York, I think it’s appropriate to take a more skeptical approach and proffer a list of what *NOT* to do at LTNY.

1. DON’T get caught up in Buzzword Bingo.  There are already dozens of sources attempting to prognosticate what the most popular buzzwords will be at this year’s show.  Leading candidates include “predictive coding,” “technology assisted review,” “information governance,” “big data” and even the pedestrian sounding “sampling.”  And, while these terms will undoubtedly be on booths and broadcast repeatedly from the Hilton elevator, it doesn’t mean an attendee should merely parrot these without a deeper dive.   Here, the key is go behind the green curtain to see what vendors, panelist and tweet-ers actually mean by these buzzwords, since it’s often surprising to see how the devil really is in the details.
2. DON’T get a coffee at the Hilton Starbucks.  Yes, we all love our morning coffee, but there’s no need to wait in the Justin Bieber-esque line queue at the in-hotel Starbucks.  There are approximately 49 locations in a ½ mile radius, including one right across the street.  There’s also the vendor giving out free coffee on the second floor, so save yourself 30 minutes of needless line waiting.
3. DON’T ride the Hilton elevator.  For those staying or taking meetings at the Hilton, the elevator lines can be excessively long.  Once you finally get on, you’ll wish they’d been even longer as you then find yourself subjected to the brainwashing of vendor announcements while you make multiple stops on your way to your desired floor.  Either take the stairs or, if that’s not possible, try to minimize the trips to keep your sanity.  Or, plan B – bring your iPod.
4. DON’T talk to booth models.  It’s tempting to gravitate to the most attractive person at a given vendor’s booth, but they’re often hired professionals designed to get you in for the all-important “badge scan.”  Instead, focus on  the person who looks like they’ve been in the same company-branded oxford for 48 hours, because they probably have.  While perhaps less aesthetically pleasing, they’ll certainly know more about the product and that’s why you’re there after all, isn’t it?
5. DON’T pass out your resume on the show floor.  While certainly a great networking opportunity, LTNY isn’t the place to blatantly tout your professional wares, at least if you want to keep your nascent job search on the down low.  And, if you want to have more private meetings, you’ll need to do better than “hiding out” at the Warwick across the street.  For more clandestine purposes, think about the Bronx.
6. DON’T take tchotchkes without hearing the spiel.   There are certain tchotchke hounds out there who roam around LTNY collecting “gifts” for the kids back at home.  While I won’t frown on this behavior per se, it’s only courteous to actually listen to the pitch (as a quid pro quo) before you ask for the swag.  Anything less is uncivilized.
7. DON’T get over-served at the B-Discovery Party.   After a long day on the show floor you’re probably ready to let loose with some of the eDiscovery practitioners you haven’t seen in a year.  But, in this era of flip cams and instant tweeting, letting your hair down too much can be career limiting.  If you haven’t done Jägermeister shots since college, LTNY probably isn’t a good time to resume that dubious practice.
8. DON’T forget to take your badge off (please!).  Yes, it’s cool to let everyone know you’re attending the premier legal technology event of the year, but once you leave the show floor random New Yorkers will heckle you for sporting your badge after hours – particularly the baristas at Starbucks.  Plus, if you’ve broken any of the other admonitions above, at least you’ll be more anonymous.
9. DON’T forget to bring a heavy coat, mittens and scarf.  Last year there was the infamous ice storm that stranded folks for days (me included).  Even if the weather isn’t that severe this year, anyone from warmer climates will need to bundle up, particularly because it’s easy to unintentionally get caught outside for extended amounts of time – waiting for a cab in the Hilton queue, eating at Symantec’s free food cart, walking to a meeting at a “nearby” hotel that’s “just a block or so away.” Keep in mind those cross town blocks are longer than they appear on a map.
10. DON’T forget to learn something.  Without hyperbole, LTNY has the world’s greatest collection of legal/technology minds in one place for 3 days.  Most folks, even the vaunted panelists, judges and industry luminaries are actually quite accessible.  So, at a minimum, attend sessions, ask questions and interact with your peers.  Try to ignore the bright lights and signs on the floor and make sure to take some useful information back to your firm, company or governmental agency.  You’ll undoubtedly have fun (and maybe a Jagermeister shot, too) along the way.

Background:

The Top Ten “What NOT to Do” List for LegalTech New York 2012
Source: original article
Author: Dean Gonsowski
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

Harnessing Search Technology Effectively – 9:00 am – 10:00 am at Concourse E

Search has become a cornerstone of all legal technology, from legal research to early case assessment to document review. As search becomes more accessible, it also becomes more powerful, requiring experts in the technology to take full advantage of the available tools. There is still a gap though, as search methodologies used in different stages of a case are vastly different. Case teams need to assess what strategies must be used, engage experts in both subject matter and search technology, and be aware of potential pitfalls. This session will provide attendees an opportunity to hear from experts in the field, preparing them to tackle search more effectively in their own cases.

Speakers:

Charlie Kaupp, eDiscovery Consultant, Digital Strata, Inc.

Don C. McLaughlin, Jr., Esq., President and CEO, Falcon Discovery

Dan Brassil, Principal Consultant, H5

Kenneth Rashbaum –  Rashbaum Associates LLC

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

Background:

LegalTech Session: Harnessing Search Technology Effectively
Source: original article
Author: David
Categories: Electronic discovery, e-discovery, ediscovery

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Laws, Regulations, and the Cloud: The Confluence of eDiscovery with Pervasive Governance – 4:30 pm – 5:30 pm – Concourse E

Today, many organizations are looking to the Cloud for answers for controlling escalating information management costs.  However, organizations cannot just be focused on the perceived information technology infrastructure cost savings offered by the Cloud.  Organizations must be equally focused on laws, regulations and information governance issues.  If your organization has governance issues currently, then the Cloud will only exacerbate them.  Discover what the Cloud means to others and why it’s critical to place Pervasive Governance ahead of any Cloud initiative in your organization.

Speakers:

Fiona Schrader, Principle Product Manager Records Retention, Compliance, and Governance

Tom Reding, CRM, EMC – Principal eDiscovery and Compliance Practice

William O’Neil, Jr., Esq., EMC – Principal eDiscovery and Compliance Practice

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

Background:

LegalTech Session: Laws, Regulations, and the Cloud: The Confluence of eDiscovery with Pervasive Governance
Source: original article
Author: David
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

LegalTechNew York, by far, is the most highly anticipated legal technology conference in the world.  Although the industry is broad and it makes a valiant attempt to cover various practice areas, it is predominately driven by eDiscovery solutions providers.  For example, when you look at the marquee sponsors or the workshop presenters, you will notice that the majority of them have eDiscovery products or services.  If you work in a law firm or are a corporate law department and already utilize these services, then LegalTech will provide you numerous additional opportunities to learn more about your practice’s needs.  For those of you whose eDiscovery knowledge is limited, LegalTech is the perfect place to expand your knowledge of the industry.  Here are some tips of how to get the most of the vendor booths in the Exhibitor Hall and the workshops in order to take full advantage of this unique opportunity:

1. Be Prepared – It does not hurt to do a little homework before you arrive.  Research your organizations’ current service providers to see who they are.  Ask your litigation support professionals, IT, or litigation paralegals what their thoughts are of their products and services, and ask them if they are looking at or considering additional providers so that you make sure you visit with them at “The Show.”  If your organization does not have any eDiscovery matters, examine your clients and your current case load and ask yourself, do either of them have electronically stored information (ESI) that might be relevant to win your case?  If so, you should find out how a vendor can help you achieve this goal.
2. Have a general idea of what your needs are and make the vendor sell you on them – The Exhibitor Hall can be an energetic environment full of sales executives looking to educate their potential customers about their products and services.  The best thing to do after the preparation stage, is to know what questions to ask and why.  If you are familiar with eDiscovery services already, then you can make more headway by inquiring what new releases and enhancements of various products will do for you, and/or evaluate foreign solutions to see if their service offerings are better or worse than what you currently have.  Make the vendors earn their keep by selling you their service offerings.  Have them demo their products and services for you and ask for literature and business cards of the individuals that you meet in the event you need to follow up with them.
3. LegalTech Brings Star Power – Rarely, will there be an opportunity to meet face to face with the president and/or CEO, of a multi-million dollar company by merely stopping by their company’s booth.  Or meeting the CTO (Chief Technology Officer) who created the processing, hosting, or collection solution that your firm or organization uses.  Thus, it is imperative that you have a well thought out plan of what you want to learn when you stop by a booth.  You can find out a wealth of information about your current tools as well as learn the ins and outs of new tools that you had no idea even existed.  Cease the moment.
4. Meet the Presenters – After a workshop that is sponsored by an eDiscovery provider, hang around once the presentation is over and meet the executives afterwards.  If you have experience with their tool, let them know what that is, good or bad.  Tell them some issues or problems you may have encountered either with their tool or with other solutions and ask them how their products and services deal with that particular issue.  Moreover, you can also rant a rave if you are a satisfied customer of theirs as well.  The wealth of information and the ability to have a captive audience hear your thoughts and vice cersa is chance of a lifetime.

In summary, eDiscovery providers want to meet you, whether you are an expert or novice.  They want to understand your practice and they want you to learn about their products and services.  Hopefully, the two will coincide and mesh together.  While you are atLegalTechNY, take advantage of the unique opportunities to demo products, ask detailed questions, and learn what is on the horizon for that company and ultimately the industry.  Ask questions, such as “Where do you think the industry is heading?” And review your clients’ needs to see if these vendors will be a contender to meet them in the future.  Above all, have fun and stop by as many booths as you can.

 Kevin L. Nichols is the Principal of KLN Consulting Group located in San Francisco, which specializes in Litigation, Diversity and Business Development/Social Media consulting.

For more information, please visit http://www.klnconsultinggroup.com.

Background:

How to get the most out of eDiscovery Providers at LegalTech NY
Source: original article
Author: Kevin L. Nichols
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.