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

Advertisements

Learning About Data Maps

Most data maps or content maps or “who-knows-where-the-data-is” diagrams are anywhere from 9 to 18 months out of date.  Any IT network manager will tell you that creating a diagram of everything on the company network is not a fun or easy activity. Add to that the litigator’s need to know who has/had access to potentially discoverable information and the size of the task more than doubles. Today, we fortunately have tools that help automate parts or all of this but how effective those tools are depends on a lot of variables. Our interest now is to provide a few resources and definitions to help you begin conversations with your e-discovery team about data mapping.

E-Discovery attorneys, project managers and paralegals will want to become familiar with their client’s data map as early as possible in a litigation matter.  If you’re the e-discovery liaison for a corporation, you will be want to be very familiar with your organization’s network data map.  According to the Electronic Discovery Reference Model, here’s what you need to know about data maps:

You can’t secure it if you can’t find it. An essential component to a successful electronic discovery project is an accurate picture of the target company’s data sources. It is important to keep in mind that all company information technology infrastructures are not created equal. The hardware and software deployed to accomplish commonplace tasks such as managing company e-mail or creating data backups, varies widely from organization to organization. Indeed, it likely varies within the target company if the timeframe in question is broad enough, or if the company is widely distributed in various geographic locations.

This identification process implicates many types of servers with active and dynamic data (e.g. file servers, collaboration servers, e-mail servers) and many interrelated data management systems (e.g. document management systems, financial systems, disaster recovery and backup systems). This includes servers responsible for general company data, as well as user specific data, such as user home directories or departmental shared directories. It also includes the myriad of devices that users employ to utilize that data, including desktop computers, photocopiers, calendars, Instant Messaging (IM), text, PDA’s and cell phones, smart phones, and memory cards. Lastly, it implicates inactive data archives on various media such as hard drives, servers, recycle bins, tape backups, flash drives, CD-ROMs and DVDs. All of this is further complicated by the fact that legacy data, potentially across all these categories, may exist from previous company systems within the relevant time period. The necessary hardware, software or technical expertise to access such legacy data may no longer exist within the target company.

Additionally, I would add the following resources for learning about e-discovery data maps to your reading:

ESI Data Mapping Resources

Best Practices

And if you are an information governance or records management professional, then you may find this resource helpful, too:

Five Free Apps for Diagramming Your Network

Now Available On-Demand – E-Discovery Project Management Training

Did you miss the live online class we offered a couple of months ago? No worries, it’s now available on-demand.

E-Discovery Project Management On-Demand Training – Litigation Paralegal Bootcamp

AGENDA TOPICS INCLUDE:

•Project Management Methodologies: Which will work for your next e-discovery project?

•Role of a Project Manager

•What does it take to transition from senior paralegal to e-discovery project manager?

•What Should Be in Your Standard Operating Procedure (SOP)

•Outline of Best Practices for Each Phase of Your SOP

•EDPM Responsibility Matrix, Planning Resources and Budgeting

 

This course is only 90 minutes and can be completed on your lunch hour.

 

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

Trial Court Says New York’s “Requester Pays” Rule Applies Only to Data That Is Not Readily Available : E-Discovery Law Alert

As discussed in a recent post, there exists a dichotomy between the New York state and federal courts with respect to which party should bear the cost of producing inaccessible data

via Trial Court Says New York’s “Requester Pays” Rule Applies Only to Data That Is Not Readily Available : E-Discovery Law Alert.

 

Additional coverage of this case can be found here:

Message to eDiscovery Defendants: Pay-As-You-Go

Google Scholar

 

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

7 Steps for Legal Holds of ESI and Other Documents

ARMA International – Bookstore – ARMA International.

This book is a practical, how-to guide describing step-by-step a best practice process for identifying trigger events and implementing a litigation hold. It provides a straightforward description of why the law requires preservation, the scope of preservation, and practical tips on how to preserve records in an acceptable manner.

Includes a self-analysis checklist, a flow chart describing the process for implementing a litigation hold, chapters devoted to each step in the process, and case law citations supporting this best practices process.

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.