The Georgetown Advanced eDiscovery Institute

The Advanced eDiscovery Institute

A continuing education program by Georgetown Law School

This year the program was held December 6 & 7

The agenda and roster of speakers can be found here.

This conference is considered one of the most highly regarded e-discovery learning events of the year.  Learn something new about e-discovery today by reviewing the blogs and articles below:

Exterro’s E-Discovery Beat Blog live blogged notes from the conference

Other notes & blogs summarizing the learning experience

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Introduction to E-Discovery: Technology (Part 4 of 5)

It’s pretty easy to execute a Google search on “e-discovery” and immediately become overwhelmed by the amazing volume of information available. Where should you begin reading? What’s fluff? What’s not? What’s educational? What’s marketing jargon? Over the next few weeks, we’re going to dedicate MONDAY mornings to reading about electronic discovery basics. Each week, look for a new post to learn about e-discovery without becoming overwhelmed.This  week, we continue our series on technology used to support e-discovery with a few resources for you to learn more about ESI Review & Analysis.

REVIEW

Definition

A good working definition for document review is a task completed by attorneys to determine which documents (electronic or paper) are going to be useful as the litigation matter moves forward.

EDRM definition

You may be tasked with managing a team of reviews… if that is the case, then read this, too.

Software

Most of the litigation technology software over the past 25 – 30 years has been developed to support this phase of litigation. It is not unique to e-discovery but electronically stored information was the catalyst for major new developments in litigation technology over the past decade or more. Here are a couple of the most recent examples and two of the traditional tools in today’s marketplace (this is not an endorsement of any tool…)

Traditional Option # 1 and Option# 2

Newbie #1 and Newbie #2

Discussion

The majority of the litigation budget is typically spent on the attorney review. This article discusses some of the ways to cut time and cost using technology.

ANALYSIS

Analysis can be a difficult term to define in our world as much of the technology has driven the definition in recent years. However, simply put, “analysis” is what the attorneys do when they review. In an effort to save time and trim costs, technology has developed to assess and analyze litigation data early in the case as well as later. The technology does NOT replace the attorney review. The courts are still inconsistent on whether or not to require the technology but seem to be leaning towards requiring it… And I always say: The tools are not as important as the process. Do not bet your whole case on the technology available. My two cents. That said, here’s some useful information about ESI Analysis (again, not an endorsement):

Definition

Software 

I hope this overview of ESI Review and Analysis has been helpful to you as you continue to explore and learn more about e-discovery!

If you have any questions, feel free to e-mail me at erika at learnaboutediscovery.com

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

LTNY 2012 in Review

Learning about electronic discovery includes keeping up to date with the latest technology and practice trends in our field. Legal Tech New York 2012 was this year’s first major trade show and conference. Here are a few of the top blog posts & articles covering the event:

Apersee

E-Discovery Journal

E- Discovery Daily

E-discovery Beat

Legal Talk Network – podcast 1 and podcast 2

eDisclosure Information Project

Discovery Resources

Predictive coding dominated the sessions. Most agreed that it is coming – you should be prepared – but even the most enthusiastic advocates cautioned it does not necessarily replace humans. Two primary drivers for adoption emerged: 1) skyrocketing costs associated with human review teams, especially when data volumes are very large; and 2) superior accuracy of technology-assisted review, which is not susceptible to the random errors and inconsistencies of humans, and which can identify and remediate inaccuracies through a process of iteration.

In addition to the excitement about predictive coding, cloud-based data and ECA were also hot topics. Another common theme might be summed up with the phrase “methodology matters” – that is, business process is critical and must be well understood before you can make real progress in improving efficiency and controlling costs.

My new favorite phrase is “methodology matters” to describe what is essentially project management. Technology is great but if your business process is lacking, then you might as well plan on wasting a lot of time and money.  And by now, you can tell that the other major topic at LTNY this year was predictive coding (also known as computer assisted coding).

What did you learn about e-discovery at this year’s show? What changes to your practice are you making since you returned from NY?

How to Manage an ESI Review Team

The following links point to a series of posts from the E-Discovery Daily Blog. The focus of the content walks you step by step in best practices for managing an e-discovery document review team.

1.       Introduction

2.       Clearly Define Objectives

3.       Get a Handle on the Document Collection

4.       First Steps in Drafting Criteria

5.       Drafting Responsive Criteria – a Step-by-Step Guide

6.       Drafting Privileged Criteria

7.       Applying Topic Codes in the Document Review

8.       Identify a Project Manager

9.       Prepare a Review Plan

10.   Assembling the Project Team

11.   Training a Review Team

12.   Starting the Project

13.   Keeping Decisions in the Hands of the Attorneys

14.   Ensuring High-Quality, Consistent Work

15.   Keep the Staff Motivated

16.   Use the Team’s Knowledge

Review Guide « The Electronic Discovery Reference Model

EDRM Document Review Workflow Chart

Aim: To gain an understanding of document content while organizing them into logical sub-sets in an efficient and cost effective manner.

Goal: Develop facts, reduce risk, reduce cost, leverage technology, facilitate collaboration and communication.

via Review Guide « The Electronic Discovery Reference Model.

This is a pretty in-depth overview of what you need to know to successfully plan and manage a document review.

Key Learning Points include:

  • Review Technology, Process & Workflow
  • Review Team Management
  • Vendor / Service Provider Selection
  • Reporting and Metrics

e-discovery 2.0 » Searching… TREC Legal Track

e-discovery 2.0 » Blog Archive » Electronic Discovery, EDiscovery, E-Discovery, Legal Discovery.

Clearwell Systems has been keeping up with the latest discussion and trends in searching thanks to its participation in the TREC Legal Track. Here they discuss and link to the latest white paper which analyzes “the task of producing specific records in response to a `discovery request'”

This is a very high-level discussion on searching technology that will aid you in discussing application vendor claims about how their search & retrieval technology is better than the next guy.

In an e-discovery world where simple keyword searching is no longer considered a reasonable effort, it is recommended that you learn all you can about how to turn your mountain of data into a mole hill in the most efficient and cost effective way possible.