Learn how streamlining your e-discovery process and vendors can bring greater returns on your investment.
Where Angels Fear to Tread: The Problems of Keyword Search in E-Discovery
In this paper - first in a three part series - learn more about the difficulties working with keywords during a matter, the many challenges associated with relying on keyword search and the cost and risk associated with attempting to "guess' one's way to a relevant document.
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Getting Control of Electronic Discovery: How In-House Technology Delivers Savings
Organizations are being asked to produce a plethora of content as part of e-discovery events and—with this data being distributed throughout the organization—that can be a daunting task. These issues have driven companies to outsource most phases of the e-discovery process.
In this white paper by Brian Babineau of ESG, learn how companies can gain control of parts of the e-discovery process by brining software in house.
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ESI Handbook: Sources, Technology and Process, an Excerpt
Adam Cohen, senior managing director at FTI Consulting co-authored the recently released handbook designed to provide discovery and litigation practitioners with an easy-to-read reference source for understanding ESI sources and underlying information technology, the functional components of the discovery process, and the discovery technology that supports that process. It also includes checklists and sample documents that practitioners can put to use immediately. The Handbook is a follow-up and companion to Adam’s widely cited and annually updated legal treatise, Electronic Discovery: Law and Practice. This handbook is available for purchase from Aspen Publishers at http://www.aspenpublishers.com and Amazon.com.
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E-Discovery Technology excerpt from Electronic Discovery: Law and Practice
By Adam I. Cohen and David J. Lender
Whether you are advising a client on electronic data retention policies, initiating or responding to discovery requests or making evidentiary rulings, Electronic Discovery: Law and Practice will help you stay on top of how the law and the procedural rules are changing, as well as the technology issues that affect the law. Experts Adam I. Cohen of FTI Consulting, Inc. and David J. Lender of Weil, Gotshal & Manges LLP, take a pragmatic approach, drawing from real world scenarios to prepare you for what may happen, including everything from planning for and dealing with damaging e-mail to the ease of manipulating and altering electronic information.
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E-Discovery in Your Industry
Are you applying a one-size-fits-all e-discovery strategy to tackle your industry’s particular demands?
Financial services. Energy. Telecom. Pharmaceuticals. High-tech. Just as the products and offerings are diverse, the regulations and types of litigation companies in these industries face can be just as distinct.
These white papers investigate real-world cases and present a series of industry-focused case studies designed to help organizations understand the e-discovery challenges faced in their industry.
Download the e-discovery in financial services white paper. (registration required)
Download the e-discovery in the energy industry white paper. (registration required)
Download the e-discovery in the pharmaceutical industry white paper. (registration required)
Download the e-discovery in the telecom industry white paper. (registration required)
Download the e-discovery in the high tech industry white paper. (registration required)
Structured Data: Are You Missing 69% of Your Information During Discovery?
While the need for individual attorney review of structured data is not as high as for unstructured data, the relevance, producibility, and need for safeguard and repository of structured data is still extremely important. This whitepaper is a primer on structured data and the questions and considerations companies need to ask to assure that structured data is included in the overall e-discovery strategy.
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IDC Research: Litigation Readiness of Corporate IT Organizations
FTI sponsored IDC to survey 118 US-based IT executives with the intent to evaluate their knowledge about their firms’ current efforts regarding electronic discovery (e-discovery) and regulatory audits, assess the current state of litigation response and readiness initiatives, and identify current and planned technology investment priorities in support of litigation response and readiness initiatives.
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Striking a Balance: Controlling E-Discovery by Combining In-House Resources with Outsourced Experts
When it comes to e-discovery, corporations are increasingly trying to manage two competing and sometimes contrary needs. On the one hand, corporations want to call the shots when it comes to their processes, their sensitive data and, ultimately, their legal bills. On the other hand, corporations do not want to keep a stable of subject matter experts in-house if the litigation workload fluctuates dramatically throughout the year. Increasingly, corporations are taking control of their e-discovery process and striking a balance between in-house and outsourced resources. This whitepaper is a best practices guide on the mechanics of effectively and efficiently balancing in-house control with outsourced execution.
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Corporations Battle the E-Discovery Cost Crisis with Per Document Pricing
Corporations are increasing their level of involvement in the electronic discovery process to reduce cost and risk. A growing body of research indicates that "the largest addressable cost in e-discovery is the cost of legal professionals who review data." As such, that area presents the greatest potential for significant savings. In fact, industry estimates for first level document review range from 58% to 90% of total litigation costs.
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The E-Discovery Playbook
Make e-discovery a proactive part of your strategy with “The E-Discovery Playbook: A Proactive Tool for Winning Litigation."
Developed by Ashley Watson, vice president and general counsel of Attenex and former senior litigation counsel for Bell South’s Complex Litigation Group, The E-Discovery Playbook shows you how to assemble the right team, develop a process and choose the right plays for your winning case game plan.
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Getting Started with E-Discovery
E-discovery is a critical challenge for all organizations and one that can only be successfully addressed through a combination of people, processes and technology. This paper is the first in a series of three that are designed to help organizations quickly understand how to get started with understanding and addressing their e-discovery challenges. This paper focuses on the role that technology plays in preparing for and responding to e-discovery requests.
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Using Data Maps to Help Navigate Through the Data Maze
In the maze of modern e-discovery through which in-house counsel at all levels must travel, data maps offer corporations and their legal teams some much needed direction. Records managers and IT experts are the cartographers who partner with outside counsel to chart the corporate data landscape. To do this well, advanced planning on timing, formatting, staffing and execution are needed to help lead an organization safely through the data maze. This paper discusses key points that any company should consider when deciding on a data map strategy.
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Attenex Patterns E-Discovery Platform
What happens when powerful content analytics software maps to the unique business processes used by lawyers during legal review? The result is Attenex Patterns, a solutions-oriented tool that helps legal teams quickly and cost-effectively find relevant information for litigation, investigations and regulatory requests. This white paper provides an introduction to the software, its features, benefits and deployment options for corporations and law firms.
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Accelerating E-Discovery with Visual Analytics
The key to successful discovery is early insight into the documents. Internal teams need to recognize at the outset what is available so they can develop and support legal theories and viable strategies for resolution. To acquire this understanding, e-discovery teams are increasingly adopting software that supports the analytic reasoning process, a method for absorbing and making decisions on information for legal discovery and review. This white paper provides a definition and overview of visual analytics and provides insight into why visual analytics are an effective and proven tool for legal review.
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Best Practices for Native File Review and Production
The world of e-discovery is quickly going native. While paper or TIFF files were the readily accepted standards for producing electronic documents for many years, several factors are now driving the industry to deliver more native documents instead. Offering increased efficiencies and a more thorough understanding of a matter, this trend towards producing documents in their native format was greatly encouraged by new federal e-discovery rules that took effect in December 2006. This white paper reviews the history and context of native file review and production, and then offers our recommendations and tips for the best practices to employ during production and review of native documents for regulatory requests, investigations and litigation.
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Leveraging Content Analytics to Reduce E-Discovery Risks and Costs
Learn how e-discovery software can reduce the time, cost and risk of identifying and reviewing relevant information.
By Kahn Consulting
Beyond the headlines, what can organizations do today to manage the risk and costs associated with electronic discovery? What tools and practical techniques are available to help corporate counsels and law firms take control of the electronic discovery process? This Brief focuses on a key aspect of e-discovery—namely, the use of content analytics as part of the e-discovery process. More specifically, this Brief provides a high-level overview of content analytics, discusses the value it can bring to the e-discovery process and provides key considerations for organizations evaluating or adopting content analytics for e-discovery.
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The Importance of IT within the Electronic Discovery Process
By Brian Babineau, Analyst, Enterprise Strategy Group
IT departments are being called upon more frequently to support the electronic discovery process. This paper addresses the importance of IT's role in supporting corporate legal matters.
Can enterprise data centers really be crime scenes? This rhetorical question is not that preposterous, given that ESG's research shows that one out of every two organizations has experienced an e-discovery event in which digital business records have been requested by an opposing attorney or court. Traditionally, locating, reviewing and preparing evidence is left to corporate attorneys. However, now that evidence is in the form of emails, spreadsheets and database tables, voicemails and other data, IT and the systems it manages are at the center of many corporate legal matters. Organizations should consider revamping e-discovery processes and expanding IT's role. In addition, IT can supplement the e-discovery process by working with attorneys to deploy and utilize sophisticated software that enables the review of electronic files.
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