Learn about Predictive Coding & Technology Assisted Review
Predictive coding and technology assisted review have been hot topics in the e-discovery world for over a year. Here are a few resources for you to learn more about it. We will begin with a recent video interview of Ralph Losey where he briefly discusses PC and TAR as well as transparency at Legal Tech NY.
Next, listen to this 30 minute PODCAST from Legal Talk Network
And finally, let’s keep in mind that the key word here is “assisted” … you and your review team still need to learn the facts of the case… check out this post from the e-Discovery Daily blog
Podcast: Resources to Stay Current in E-Discovery
What are your favorite resources for staying current in the ever evolving world of electronic discovery? One of mine is to listen to podcasts available on Legal Talk Network. Here’s a podcast that discusses how to stay current:
CLICK HERE
Electronic Discovery Cases You Must Know | e-discovery 2.0
Electronic Discovery Cases You Must Know | e-discovery 2.0.
This is a great post from last year outlining the “must know” e-discovery cases …
Covering the Basics
Last year, Gibson Dunn issued a new series of client alerts covering the basics of what practicing litigators and corporate counsel should know about electronic discovery. There are 11 alerts ranging from general overviews to admissibility of electronic evidence. Also, a quick search of their publications page will return many other alerts and articles on the topic of e-discovery.
EDPM: Managing Expectations
The tools are not as important as the process. Technology can only take your project so far as seen in Thorncreek Apartments III, LLC v. Village of Park Forest.
Village mistakenly uploaded 159 privileged documents for Thorncreek as part of the production, which included every document marked as privileged, as it expected Kroll’s software to automatically withhold privileged documents.
The emphasis on the word EXPECTED is mine. Technology does not run on its own… it needs people. Technology needs project managers who understand what the technology can and can not and/or should and should not do. Technology and project managers both need project stakeholders (i.e. attorneys & paralegals/ clients) who will take the time to listen and understand that we must work together to effectively plan for quality control and then take the time to actually do the quality checks before productions. However, as noted in the quote below from a law firm’s blog, e-discovery project management is a TEAM effort and a single person probably should not have been expected to do everything themselves.
In analyzing whether Village waived its claim of privilege with respect to six inadvertently produced documents, the Court noted that simply marking documents as “responsive,” “non-responsive” and “privileged” falls “well short of what we would expect for an adequate account of the review procedure.” Village argued that its efforts to protect against waiver were reasonable because it believed that by marking the documents as “privileged’ in Kroll’s online platform, they would be automatically withheld. However, the Court found that Village employed only a single attorney to review the documents to be produced and Village failed to review the documents uploaded for Thorncreek to view for nine months. Finally, the Court cited the lack of a privilege log in finding that Village did not act reasonably to protect its claim of privilege. In doing so, the court held that Village waived privilege to the six documents.
Here are a few other online resources that discuss what went wrong with this case…remember: The tools are not as important as the process. It’s not that there is anything wrong with online review … the issue here is that the project management methodology was lacking the step for quality control and understanding of the technology (tools) being used.
This article offers some practical tips for managing expectations:
- communicate clearly with vendors, don’t “assume” that documents marked “privileged” will be withheld from the production – tell the vendor to withhold them (even if the vendor is an experienced litigation support vendor);
- produce a privilege log early on and deliver it to the opposing counsel – if a document on the privilege log is in the production set, and opposing counsel discovers that, s/he will be obligated to inform you;
- better yet, use your privilege log to spot-check the vendor to assure that documents marked “privileged” are, in fact, withheld from the production;
- even if you are in the throes of a busy deposition schedule, when you learn of an inadvertent disclosure, act quickly to identify the scope of the problem and request the return of privileged documents.
Fios Webcast: Data Mapping & ESI Collection
Follow this link to review an hour long webcast from September 2011 presented by Fios on the topic of data mapping and ESI collection best practices.
- During this webcast, you have an opportunity to:
- Identify the key elements of a defensible ESI data map
- Learn what steps your e-discovery team can take to prepare effectively for ESI collections when litigation is anticipated
- Hear industry experts discuss strategic information management perspectives
- Listen to “lessons learned” of actual ESI collection efforts involving data mapping, or lack thereof
Are you ready for the new year?
Are you ready for 2012? Have you aligned your career goals with your personal goals? What do you need to learn about electronic discovery in order to achieve your professional goals for this year?
Let’s take a look at some of the predictions from industry insiders for what we can expect in 2012:
- Inside Counsel – Mind your Ps and Qs in 2012
- Chris Dale’s e-Disclosure Predictions
- Daegis Top Five Electronic Discovery Predictions & other common trend previews
- Advanced Discovery’s Predictions – Part 1
- Clearwell’s Top Ten Predictions & Lessons Learned from 2011
- Peering into the E-Discovery Crystal Ball
What do you think? Do you have any predictions of your own? If you’re planning to go to Legal Tech NY in a few weeks, what are you hoping to learn more about while you’re there? New techniques for managing electronic discovery and/or new technology? What did you learn in 2011 that will save you and your team both time and money in 2012?
Glossary: Project Management Terms
This is a mini-glossary of project management terms from Tech Republic. If you’re going to be or work with an e-discovery project manager, you should be familiar with these terms.
The 8 Habits of Highly Effective Project Managers
The PM Student blog (a fantastic resource for anyone interested in learning to be a better project manager) covers the The 8 Habits of Highly Effective Project Managers in a recent post. I’ve listed them below with links to additional resources for you to explore as you work towards building better habits as an e-discovery project manager.
1. Effective Project Managers Are Lifelong Learners
2. Effective Project Managers Are Clear Communicators
3. Effective Project Managers Are Analytical
4. Effective Project Managers Are Focused
5. Effective Project Managers Value Planning
6. Effective Project Managers Are Empathetic
7. Effective Project Managers Are Self-Starters
8. Effective Project Managers Are Good Listeners
If you were to add two more habits to this list, what would they be?
