Performing Quality E-Discovery Searches: Is it Time to Set Some Standards?

Is it time to set some standards when it comes to quality searching in e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Jason R. Baron, the Director of Litigation for the National Archives and Records Administration, to talk about e-discovery searches and whether it is time to set some standards to ensure quality searches. Jason talks about how best to search for electronic evidence in civil litigation, how searching has changed since the early days and also how the courts are handling thorny questions involving searches. He also shares information on the upcoming DESI IV workshop.

via Performing Quality E-Discovery Searches: Is it Time to Set Some Standards? | Legal Talk Network.

This topic was also addressed recently on the e-Discovery Team blog:

In Search of Quality: Is It Time for E-Discovery Search Process Quality Standards? « e-Discovery Team.

One more post from the e-Discovery Team’s guest blogger, Sony Sigler of Cataphora

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ALSP Free Webinars Spring 2011

This post was copied from an email I received earlier today. I recommend attending at least one, if not all, of the learning opportunities below… If you’re a member of ALSP, then you’ll be able to access the on-demand recordings at a later time.

– erika

 

Please join ALSP  for these free upcoming webinars, open to members and prospective members.

 

THIS WEDNESDAY – Education: Legacy Data Remediation (Cosgrove, Fasching, Rummelhoff)

A Practical, Innovative and Experienced Approach to Legacy Data Remediation; Real-world examples of Paper and Electronic Projects

There are plenty of people echoing the risks associated with legacy data and a “keep everything” mentality. Join us for a webinar that will take those discussions a step further, offering insight from both a legal and technical perspective into how remediation projects can be managed cost effectively and in a manner that does not up-end everyday business operations. During this one-hour discussion, Redgrave LLP Partner Andy Cosgrove and Analysts Diana Fasching and Christian Rummelhoff will also outline a defensible framework for the disposition of legacy data, and share real-world examples of paper and electronic remediation projects. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

Wednesday, March 30, 2011 1:00 pm Eastern Daylight Savings Time (New York)
Duration: 1 hour

Click here to register.

THIS THURSDAY – Education: The Top Ten (or So) E-Discovery Predictions for 2011 (Grossman, Hedges)

Join Maura R. Grossman, Counsel at Wachtell, Lipton, Rosen & Katz, and Ronald J. Hedges, former United States Magistrate Judge, for a lively discussion of the top ten (or so) developments in the e-discovery world — both ominous and exciting — expected for the coming year. Among other topics, we’ll discuss major milestones, case law surprises, the impact of new technology, and recap the biggest developments in 2010. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

 

 

Thursday, March 31, 2011 1:00 pm Eastern Daylight Saving Time (New York)

Duration: 1 hour

Click here to register.

 

 

Education: Analytic Search Software (Crowley)

Conor R. Crowley, Esq. of the Crowley Law Office will review the different types of analytical software available and will discuss the rules and case law supporting the use of such technologies in civil discovery. Conor will also discuss the need for quality assurance when employing analytical software for relevance review and how to design an appropriate quality assurance process. While no specific software products will be discussed, Conor will cover the general varieties and how they work. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

 

Wednesday, April 6, 2011 1:00 pm Eastern Daylight Time (New York)
Duration: 1 hour

Click here to register.

 

 

Education: Statistical Sampling for Dummies: Applying Measurement Techniques in E-Discovery (Grossman, Cormack)

Join Maura R. Grossman, Counsel at Wachtell, Lipton, Rosen & Katz, and Gordon V. Cormack, Professor, David R. Cheriton School of Computer Science, University of Waterloo, for a primer on statistical sampling and its application to e-discovery. Among the topics to be covered are the kinds of questions sampling can and cannot answer; what “random sampling” is and how a random sample may be generated; what “confidence intervals” and “confidence levels” are; how to choose the correct sample size; and sampling traps for the unwary. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

 

Thursday, April 21, 2011 1:00 pm Eastern Daylight Saving Time (New York)
Duration: 1 hour
Click here to register.


Product Demonstration: Index Engines

Tape Discovery Via the Cloud – Collecting electronically stored information (ESI) from backup tapes has historically been a time consuming and difficult process. The content archived on backup tapes is extremely valuable as it is a point in time snapshot of files and email based on the date of the backup. However, this data is often not leveraged as it has been expensive to identify and collect. Index Engines cloud-based discovery service for backup tapes, powered by Index Engines patented direct indexing and extraction technology, solves this problem. Attend this webinar and learn more. Jim McGann, VP of Information Discovery for Index Engines presents. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

Thursday, May 12, 2011 1:00 pm Eastern Daylight Saving Time (New York)
Duration: 1 hour
Click here to register.

 

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Identification Guide « The Electronic Discovery Reference Model

Identification Workflow Chart

Aim: To identify subject matter experts, resources involved, potential sources of data; to determine the depth and breadth of potential liability; to aggregate information sources for developing course of action.

Goal: Evaluate, leverage and mitigate.

via Identification Guide « The Electronic Discovery Reference Model.

View the Table of Contents for this section of the EDRM

Social Media, Permanent Records and eDiscovery

Social Media, Permanent Records and eDiscovery | E-Discovery Resources & Information – DiscoveryResources.org.

This article provides a thorough overview of the current discussion and research on social media’s impact on electronic discovery.

Key Learning Points Include:

  • harvesting social media for legal purposes
  • legal holds, preservation and archiving
  • current case law references
  • authenticating evidence
  • privacy and other issues

A Search Term Turkey « Bow Tie Law’s Blog

Lawyers who are new to electronic discovery may assume things are “impossible.” Moreover, some attorneys argue “undue burden” without consulting with a third-party expert based on the assumption e-Discovery is inherently cost prohibitive.

Consulting with a third-party expert, or even performing a Google search, may prove the “impossible” is actually a common practice in many situations.

This case likely would have saved time and money if the parties could have agreed on the key custodians, had a third-party preserve the data and then had an index which could be searched based on agreed upon keywords within the same sentence. This could likely would have cost less than the protracted litigation, meet and confer conferences and a motion to compel battle.

via A Search Term Turkey « Bow Tie Law’s Blog.

Failure to Test Keywords by Sampling a Prominent Consideration in Court’s Finding of Waiver : Electronic Discovery Law

Keyword searching is a task which requires using technology. As a best practice you should make sure you allow enough time in your project management plan to test and perform quality control measures on your search results. You must have a methodology in place to which you apply the technology you have available. Not the other way around.

What happens when you rely too heavily on the technology?

Here‘s the case summary

Here‘s an overview of what happened

Key learning points include:

  • discussion of the importance of planned workflow
  • discussion of the importance of quality control as a part of your workflow
  • application of FRE 502(b)(3) and FRCP 26(b)(5)(B)

Court Orders Retention of Third Party Vendor to Assist with Document Review and Production, Appoints Special Master to Resolve Future Disputes : Electronic Discovery Law

Court Orders Retention of Third Party Vendor to Assist with Document Review and Production, Appoints Special Master to Resolve Future Disputes : Electronic Discovery Law.

This is a case summary by K&L Gates on there ediscoverylaw.com blog (a recommended case law resource by the way).

Key learning points include:

  • Understanding role of Special Master
  • When to hire 3rd party vendor to assist
  • Why it’s a good idea to have a project plan to avoid discovery disputes

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.

Podcasts – Keyword Searching

Podcasts – Law Technology News.

Law Technology Now with Monica Bay & Craig Ball discussing the 2008 Victor Stanley Inc. v Creative Pipe Inc. case which had a huge impact on ESI searching trends.  This case is often referred to in the ongoing discussion on searching.

Update: This morning (July 28, 2010), I attended a CLE program in Atlanta where the panel discussed (among other things) how simply performing a keyword search is no longer considered “reasonable effortwhen demonstrating to the court that you did everything you possibly could to avoid producing privilege information or mismanaging your case in general.

What is “reasonable effort” as it applies to e-discovery? Ralph Losey covered this on his blog here and here.