5 Steps to Raising Your Team’s e-Discovery IQ

| | New Resources, Seen in the Field

Now more than ever, litigation readiness and e-discovery are big initiatives that require an in-depth understanding of new processes and technologies. The explosion of electronically stored information has simply made it impossible to manage litigation, internal investigations, and government requests without this insight.

While your in-house legal team is already busy staying on top of intellectual property, monitoring case law, managing compliance, and more, how can you also stay ahead of the curve in e-discovery? Break it down into five steps:

Checklist ItemStep #1: Partner up.

Some service providers and law firms have been in this space since before discovery became electronic. A wealth of knowledge is available to you through partners you may already know and trust. Whether you’re outsourcing, seeking consultation, or using a managed services arrangement, simple conversations with experienced partners are a great way to begin educating your team without requiring any extra resources. By asking questions and staying up to date on what’s happening in e-discovery technology and the courts, you can add your business’s unique insight to theirs and better manage your projects.

Checklist ItemStep #2: Hire for expertise.

Expect and encourage software certifications among your team as well as your partners. Project managers with PMP and JD designations, case strategists with backgrounds as litigators, and staff with e-discovery certifications add tremendous value in ramping up information management and e-discovery initiatives and ensuring projects stay on track. … Read More »

What Every e-Discovery Professional Should Know About FRCP 37(e)

| | Seen in the Field

Shareable Lines

Proposed FRCP changes could mean more specific guidelines on courtroom reactions to spoliation: bit.ly/1zLonB1
FRCP revisions focus on moving forward after accidental data loss: bit.ly/1zLonB1

Legal and e-discovery professionals are no doubt aware that some changes are coming to the Federal Rules of Civil Procedure this year. The revisions are set to take effect in December, assuming they are approved by May—and we’re hearing a lot of interest in the proposed changes to Rule 37(e), which focuses on spoliation.

Let’s take a look at the expected changes so you can get an idea of what’s on the horizon and assess whether you need to make any changes to the way you collect and store ESI.

The current rule 37(e) reads:

“Failure to Provide Electronically Stored Information. Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.”

Rule 37 was amended in 2006 to include subsection (e) and was sometimes referred to as the “safe harbor” rule. The rule was originally considered a safe harbor because, in its attempt to protect those parties whose good faith operations result in lost ESI, there was no clear guidance for how or when courts should impose sanctions.… Read More »

A Cat Stroller, a Killer Patent, and 6 Questions on Text Analytics

| | Analytics, Platform Story, Seen in the Field

This week, my colleague Ryan Hynes and I took the virtual stage for a KMWorld webinar, presenting “Text Analytics in Action: Finding the Killer Patent.” During the live session, we used Relativity to pounce on a single patent—a cat stroller idea Ryan believes pretends could make him millions—from the U.S. Patent & Trademark Office’s database. With his fictitious cat as co-pilot, the journey was all about giving viewers an in-depth look at text analytics.

Our stroller search was run in a real environment our legal team uses each week to search the U.S. patent database for new intellectual property that’s relevant to our business. Built on Relativity Analytics, it helps us identify records of interest much more quickly than keyword searching alone in the USPTO’s online database.

In addition to several cat puns, the webinar yielded some great questions about text analytics from the audience. Here’s some insight we didn’t have a chance to share live:

What are some best practices when choosing documents to include in an analytics index?

In general, you want to train the system on documents that have an adequate amount of extracted text and were created by humans, as opposed to machine-generated log files.… Read More »

Comparing Notes: Four Trends to Watch after LTNY 2015

| | Q&A, Seen in the Field

Blue Hill ResearchFor e-discovery software companies, LegalTech New York is an important opportunity to hear what’s top of mind for legal professionals. In reflecting on what we learned in New York a few weeks ago, we wanted to balance our observations with those of an analyst in our community, David Houlihan from Blue Hill Research—a firm focused on understanding how technology supports business success.

This year, we heard about four key demands for 2015. Check out our observations below, with commentary from David.


Rene: With recent data hacks and security breaches in the public mindset, talk was strong around data security at this year’s show. Folks in the industry want to know how to prevent these attacks, as well as how to prepare their data to minimize security risks. Do you look back at LTNY as a milestone or turning point on this topic?

David: I was really struck by how much this was a topic at the event. There’s growing awareness in the legal space that organizations are vulnerable to breaches, and that data accountability and management is a big deal. When I asked people how they talk about security, the anecdotal feedback I got was that the conversations were a bit more sophisticated than they had been in the past, if different.… Read More »

Begin Your Journey Toward e-Discovery Master

| | Certifications, New Resources

In e-discovery, every project is different—and that means you’re constantly earning new expertise. The Relativity certification program recognizes your dedication to an in-depth understanding of not just the software you’re using, but the case strategy and technological insight that drive your projects’ success. You’re doing the heavy lifting by mastering this skillset at work—so why not make it official?

As you consider which titles will help you stand out in the crowd, check out our quick guide for a high-level look at each certification. Click the image below to open a PDF version, which includes links to all the resources you need to get started. Who knows? This could be your first step toward becoming a Relativity Master.

Read More »

Relativity Innovations Spotlight: A Custom Ticketing System in Relativity

| | Platform Story, Q&A, Seen in the Field

Relativity Fest 2014 introduced the first annual Relativity Innovation Awards, which recognize exceptional custom applications built by Relativity users. One of our inaugural year’s entrants, TRAX—built by Keller Rohrback—enables the firm’s project management team to efficiently track Relativity end user requests right within the platform.

Susan James, a senior Relativity analyst at Keller Rohrback, recently sat down with me to provide her perspective on TRAX—and the impact it’s had on her team.

Shana: What was the problem you needed to solve?

Susan: Our firm needed a more efficient method of tracking end user requests, anything from a new production that needed to be created to a hands-on training session for new staff. We found that email requests could get overlooked, hallway conversations forgotten, and handwritten notes misplaced.

A web-based project management tool we tried required its own set of licenses and was ineffective—work requests still came in via email, and a member of our team would manually enter requests into the project management tool. Initial requests that didn’t contain all the information needed to execute on them required additional back-and-forth emails.

We thought, why not create a work request tracking tool of our own, using our favorite platform?… Read More »

Quick Answers to 5 Questions about Information Governance

| | Information Governance, New Resources, Seen in the Field

At the end of an information governance webinar we hosted with Bennett Borden from the IGI last month, attendees had the opportunity to ask us questions about data remediation and IG processes—and we got some great ones. Here are the answers to some of those questions to help start a dialog in your own organization.

Which department in an organization should take ownership of an IG policy, if any? Do you think records and information management should be a contributor in addition to IT and legal?

Bennett: They’re definitely a contributor. IG has been a big boom to records management (RIM). Frankly, RIM’s been ignored for a lot of years by companies, and this new focus on IG will be a breath of life to these really smart professionals. They’re about what to keep and what not to keep—and evaluating what’s important and what’s not based on how it affects the objectives of the company. So their input is really important to have in IG, especially data remediation projects.

As far as who runs IG, we’ve found it’s all over the place inside of companies. The critical thing is that you’re able to balance these stakeholder voices and you’re willing to seek them out.… Read More »

Extending e-Discovery: What Could the Enterprise Platform Look Like in 2020?

| | Platform Story, Seen in the Field

Jared Coseglia, writing for the Association of Certified e-Discovery Specialists (ACEDS), recently shared 10 Trends That Could Reshape the Legal Technology Market in 2015, suggesting the industry is ripe for innovation. Jared highlights the potential for a new focus on expert consulting work; disruptive technologies that may be on the horizon; and a more targeted, customized approach to service strategies. Emerging issues like cybersecurity and information governance are pushing this evolution at a faster clip than ever.

We noticed a common thread among many of these trends: the value behind customizing existing technology to tackle new challenges. Using familiar tools to meet new needs requires minimal investment but offers maximum appeal to forward-thinking legal teams with growing responsibilities. In the spirit of looking forward, we asked Jared—and a few other experts—what kinds of new applications might emerge for e-discovery software by 2020. Check out their predictions below.

Jared Coseglia, president at TRU Staffing Partners

Something that could revolutionize e-discovery would be an application that allows reviewers to investigate data using touch screens or remote corporal technology, abandoning traditional two-screen review and keyboards to leverage physical movement to sift through text, audio, video, and other interactive data in three dimensions.

Read More »

Pack This Checklist and Get the Most Out of LegalTech New York

| | Seen in the Field

LegalTech New York kicks off next week, and we can’t wait. Every year, we learn so much at the show—both from scheduled sessions and ad hoc conversations with the e-discovery heroes in attendance.

7 Must-Dos for LTNY

With session topics ranging from information governance to big data to the business of running a law firm, presenters like experts from Google and The American Lawyer, and more exhibitors than we can count, LTNY has certainly earned its title as the biggest legal technology event of the year.

Sounds a little intimidating, right? Here’s our list of LTNY must-do’s:

Checklist Item Get hands-on. You can get a demo of new software anytime; this is your chance to touch the products and get to know how they might meet your needs.

Checklist Item Get a good seat for the keynote. It really sets the tone, and it’s all anyone will talk about for the rest of the show, so you won’t want to miss it. This year’s topic is Cybersecurity, Privacy, and Data Protection Legal Challenges in the Digital Age.

Checklist Item Block off some time to visit the expo hall. It may be crowded and the endless sales pitches may get annoying, but every year we hear from colleagues who regret missing it.… Read More »

6 Ways Processing Can Get You Into Your Data Faster

| | Processing

The kCura development team responsible for evolving Relativity Processing rarely gets the spotlight. As excited as they are about adding new features and functionality to improve performance and expand its abilities, they understand what you’re really after is speed to the next stage: review.

No hurt feelings. The team is constantly working to improve the moving parts and support speed to review, knowing that the end goal is to give you everything you need to get into—and out of—the processing stage as efficiently as possible. Here are six ways you can use the latest version of Processing to help make that happen:

1.    Support for diverse file types, including Relativity Collection Container Files version 1.1 and 1.2, as well as eDrawings 2014 and 2015—both of which are highly recommended for optimal performance, so you can get more data into Relativity in less time. An updated NIST package was also recently introduced. You can reference a list of supported file types at any time to help you prep for incoming projects.

2.    New options in the processing profile when extracting children—specifically, you can now opt not to extract inline images in emails. Excluding those extractions will help keep your views—especially email threads—cleaner, and prevent duplicative work for your review team.… Read More »