Posts Tagged ‘law_firm’



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  • Walking the Lines of Transparency and Attorney-Client Privilege for ESI – An Interview with Sarah Jane Gillett, Partner at Hall Estill

    In the highly litigious oil and gas industry, outside counsel must ensure that they have conducted adequate due diligence in managing and producing electronic evidence.  The line of transparency and privilege is a difficult one to walk. In part one of this two-part interview, Sarah Jane Gillett, Partner at Hall Estill, gives an overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms, and some insights into what exactly is protected by attorney-client privilege: AS: Can you give a brief overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms? Sarah Jane Gillett:   There is no question that counsel today must be cognizant of the responsibility to identify and potentially collect various forms of evidence at an extremely early stage of any litigation or investigation.  While the Federal Rules of [...]



  • Why Not Move Your eDiscovery to the Cloud? – Part 2

    Continued from Why Not Move Your eDiscovery to the Cloud? – Part 1…

    The second concern regards how to move the actual data to and from the Cloud storage. Many providers will tell you that you can just upload your data directly via web or ftp. STOP HERE. Normal File Transfer Protocol or web page upload is NOT protected. So use an SFTP equivalent or better yet look at the previous paragraph and only send encrypted packages. Internet backbone speeds still limit the practical size of uploads to 5-10 GB unless you have a dedicated pipe to your provider. Data uploads that take longer than 1-2 hours may crash or bog down your own network. eDiscovery performance is all about getting that large collection on line for review as fast as possible. But just as the speed and performance wars died from lack of interest, I think that most legal users have come to understand that it may take a day or two to properly handle and process potential evidence. While service providers and certain global corporations may have a high proportion of large (>10 GB) collections or productions, a quick check with a couple clients revealed that only 10-15% of their collections might need to be loaded directly by the host. I wrote a piece last year about how Fedex may be the true winner in the migration to the cloud.



  • Ediscovery Production Without Review

    More law firms are producing electronically stored information without going through linear review. After potentially-relevant ESI has been collected and sent out for processing, the producing party is normally focused on boiling down the ocean of documents and identifying privileged documents for sequestering. Linear review of the identified subset has been the traditional last step and most expensive in the production cycle. Advanced analytics, judicial acceptance of computer aided coding, claw back/quick-peek agreements, and aggressive use of Rule 16 hearings have given attorneys a level of confidence that they can produce responsive ESI without spending time and money on a final linear review. An attorney at a major law firm recently said to me, “In many cases we just give them the documents without reviewing them. Usually after our interviews and privilege cull, we have a pretty good idea of what we have and don’t want to waste our client’s money on attorneys going through massive amounts of documents before production … and yes we do use a claw back agreement”. This cost saving production strategy will not work in every case; but should be a point of discussion in your electronic discovery planning.



  • Wilmer Hale sets new standards for law firm eDiscovery web sites

    Take a look at Wilmer Hale’s eDiscovery Solutions website. When I first saw it I put up a tweet to the effect that any litigation law firm not doing something like this would be dead within two years. The website sets out succinctly (in five bull…



  • Review of Executive Counsel Institute’s “The Exchange” Event in Los Angeles

    Another successful Executive Counsel Institute – eDiscovery for the Corporate Market event (“The Exchange”) was held in Los Angeles December 5 and 6.  I have participated in this conference multiple times in the past and, once again, was not let down.  The Los Angeles meeting, lead by Browning Marean of DLA Piper and Robert Brownstone of Fenwick & West, was the last of the five held across the U.S. this year. The round-table format sets this event apart from other conferences.  The Exchange, which is a strictly “PowerPoint free” zone, is rich in content and participation. While there is an agenda and moderators for each session, the meeting is steered by participant needs.  The Exchange is kicked off with an audience poll of pain points and goals for conference take-aways, all of which are included in the 1-½ day discussion. [...]



  • Beware social media – Montreal Gazette

    Beware social mediaMontreal GazetteLaw firms are just now looking for ways to deal with this new data deluge, with eDiscovery department headcounts rising rapidly to meet the challenge. Just five people comprised the entire litigation support team at M…



  • Will Amazon S3 Rain on eDiscovery Hosted Providers?

    The cost of storage has come up in several recent engagements for firms and corporations. I started thinking about while we were brainstorming in preparation for our recent webinar on enabling expiry on archives. Calculating a Return on Investment (ROI) on a legal hold initiative includes the recovered cost of storage when you can eliminate 40-80% of your non-records. It was pointed out that storage costs have dropped so much that eDiscovery costs have superseded them as the primary motivation for cleaning house. My panelists trotted out several figures ($/GB) from well known analysts for the Total Cost of Ownership (TCO) of storage. I feel that Amazon S3, Rackspace and other global cloud services have clearly set the market price on storage at less than 15¢/GB. Yep, that’s right 15¢/GB. I can recall early eDiscovery hosting RFP’s at $30-50/GB/Month for online storage. That was just for storage, but it made an easy argument for in-house systems when many matters can run for 2-3 years or longer. Hosting providers generally lead with their processing and review offerings and tend to bury the ongoing storage costs deep in their bids, even though these recurring costs can represent the highest margin item on the engagement.



  • LexisNexis Releases New Solution for Law Firms to Assist Compliance with the New Solicitors Regulatory Authority Rules

    LexisPSL Practice Compliance helps law firms navigate SRA changes, whilst saving time and costs
    LexisNexis UK, a leading provider of content and technology solutions, today announced the next release of Lexis®PSL Practice Compliance as part of a seri…



  • International law firm Spoor & Fisher embraces the cloud with Mimecast

    Spoor & Fisher implements Mimecast UEM to solve email challenges
    Mimecast ®, the leading supplier of cloud-based email archiving, continuity and security for Microsoft Exchange, has implemented Unified Email Management (UEM) for international leg…



  • Source Consulting Group LLC Releases Results of 2011 Finance Operations Survey of Law Firms

    Study’s Findings Indicate that Law Firms Are Focused on Optimizing Efficiency and Increased Use of Financial System Applications to Increase Revenue
    Source Consulting Group LLC (“Source”) announced today the results of its 2011 Finance Operation…