Monthly Archives: January 2024

Thanks to all who attended our technology-assisted review (TAR) for eDiscovery webinar. There was a great turnout and our guests – Chuck Rothman of Wortzman Nickle and Thomas Gricks of Schnader, Harrison, Segal & Lewis – offered valuable insights on how to use TAR and get value from it. Chuck also contributed an article to eDiscoveryJournal this week on what predictive coding really is. Chuck’s article title points out the confusion in the market about what different terms actually mean.

Migrated from eDJGroupInc.com. Author: Greg Harris. Published: 2012-03-16 09:00:05  The following article is based on notes taken during The Cowen Group’s Leadership Breakfast hosted in Atlanta on March 2, 2012.The guest list for the morning event included forty professionals with responsibilities ranging from Litigation Support staff and eDiscovery Technologists to Staff Attorneys and Partners in large law firms.   Some of the industries represented in [...]

One of the bright points of designing the new eDJ Matrix has been our analyst sessions over what functionality is required for software and services to qualify for our market categories. It may sound geeky to you, but I have grumbled over ‘waves’ and ‘squares’ that were real apple-orange comparisons too many times. I want to get this right in our next big release. The ‘eDiscovery Platform’ was a prominent theme at LTNY 2012, but what do providers mean when they call their software a ‘platform’. They want to give buyers the impression that they cover the entire eDiscovery lifecycle, generally by showing the EDRM diagram covered by their software logo. As nice as that sounds, no one covers document creation through trial presentation in one program, NO ONE. But a more realistic corporate eDiscovery platform seems to be attainable. We spoke with the litigation and compliance team at Autodesk about their selection of Symantec’s Clearwell software.

Migrated from eDJGroupInc.com. Author: Mikki Tomlinson. Published: 2012-03-21 11:07:17  Buzz about new technologies always precedes adoption.  And one of the outcomes of  “technology buzz” is development of the market definition to its consumers.  The market message and definition of Predictive Coding or Technology Assisted Review  (“TAR”) is, without a doubt, still evolving and there is certainly a plethora of buzz.The simple fact that we, [...]

The Da Silva Moore case is quickly becoming a landmark matter in the eDiscovery realm. The use of Technology-Assisted Review (TAR), specifically predictive coding, in the case is the subject of much scrutiny at the moment. eDiscoveryJournal has covered the case extensively, including being the first to note that early headlines got Judge Peck’s opinion wrong – he had not ordered the use of predictive coding in the case or endorsed the technology of any single vendor; he had simply approved of the defendant’s use of predictive coding in this case.

Last week I was a panelist at the 2012 Masters Series event in Houston and enjoyed the lively and frank discussions about purchasing trends, privacy issues and more that continued into the social gathering afterward. As you might expect, predictive coding and the latest Da Silva filing were a hot topic, especially amongst providers of managed review. One remark by Jim Wagner, CEO of DiscoverReady, resonated with me and I told him that I was going to steal it for a blog. To paraphrase, “The market sees linear review as disorganized review.” He was right on target. Linear review has become synonymous with plowing through millions of randomized email/documents in the least efficient or effective manner. I ask you, “In the last 5 years, have you reviewed collections that had not been culled, searched, prioritized, deduplicated, email threaded or otherwise optimized for review batching?”

Migrated from eDJGroupInc.com. Author: . Published: 2012-03-27 12:26:32  I found out this morning that an old friend, Jim Burns, passed away over the weekend.  For those that knew Jim, he was warm and friendly to everyone he met with a smile that made you immediately comfortable.  Jim and I were the original "tape guys" in the early days of the EDRM's evolution and we [...]

As I prepare for a keynote that I am delivering next month at a records management conference on behalf of a state government, I thought of how an organization may integrate the Association of Records Managers and Administrators’ (ARMA) Generally Accepted Recordkeeping Principles (GARP®) into their electronic discovery (eDiscovery) processes. Assimilating the GARP® principles into eDiscovery, specifically the tasks associated with the Electronic Discovery Reference Model (EDRM), can be seen as implementing process improvement practices, much like Six Sigma. However, it should be noted that GARP® has a records lifecycle focus due to its affiliation with ARMA. The following paragraphs will describe GARP® in additional detail, as well as how an organization may integrate this framework into their eDiscovery (EDRM) processes to experience a higher level of process maturity and increased cost effectiveness.

My research on social media collection and preservation is getting more and more interesting. One of the bigger issues is user privacy. If I post information on FaceBook and use the proper security protocols to be specific about who I share that info with, should anyone else have a right to access it? The Stored Communications Act of 1986 would seemingly protect a user’s FaceBook content from being released to third parties – and it does, to an extent. The SCA prevents publishers from releasing an individual’s information to third-parties, even in response to a civil subpoena. But, it does not protect as much in the event of a criminal investigation and there are ways around the SCA for both criminal and some civil cases.

Migrated from eDJGroupInc.com. Author: Amber Scorah. Published: 2012-04-03 09:00:25  PART ONE OF AN INTERVIEW WITH JONATHAN WILANPartner at Hunton & Williams LLP Inside and outside counsel, in-house eDiscovery teams and records management departments understand the duties to preserve data subject to a legal hold, and the need to have a retention policy.  But with the exploding rate of data growth, data remediation is a [...]