Having that information in hand prior to review will help expose disproportionate discovery requests and place the onus on the other side to demonstrate why the review is necessary. Privilege reviews require a very strong attention to detail and take time to complete. They are also conducted by more experienced attorneys, meaning they are much more expensive than a typical "first pass" review. There is a seldom used federal rule that allows parties to protect against the inadvertent disclosure of privileged documents.
Federal Rule of Evidence d allows parties to enter into "clawback agreements," whereby each party agrees to return inadvertently produced privileged documents to the opposing side. FRE d is by no means a license to ignore privilege reviews, but it does give litigants a safety net should something slip through the cracks.
Amazingly, few attorneys even know of this rule, let alone take advantage of it, a point that was underscored in Exterro's recent, 4th Annual Federal Judges Survey. All too often, corporate legal teams hand off review projects to their outside review team and simply wait for the bill to arrive. Document review should be a collaborative effort between inside and outside counsel with frequent communication and status checks.
The more collaborative the relationship, when information is consistently shared back and forth, the easier it is to negotiate alternative fee arrangements that are equitable for both sides and help enormously with budgeting.
So far in this section, we've described some of the key tenets of traditional, linear review. But review is rapidly evolving. Technology advancements are moving review away from the manual document-by-document inspection described above to a more analytics based approach, where computers can basically determine whether a document is relevant or not with little human intervention.
The first generation of technology assisted review TAR consisted primarily of predictive coding tools. While predictive coding is still in use today, subsequent generations of TAR have incorporated advances in artificial intelligence AI that we'll address in a dedicated section of this guide.
For now, we'll go over some of the more basic e-discovery review software features, which include:. Once documents are uploaded into an e-discovery review software platform, users can run searches using specific keywords, combinations of words, or even concepts to help home in on relevant documents much quicker. As described earlier, consistent tagging is critical during review.
Review platforms give users the ability to apply pre-defined tags, so that all reviewers are using the same labels as they go through each document. Depending on the type of legal or regulatory matter, and the issues involved, certain information may need to be redacted deleted or removed before a document is produced to the other side. Many e-discovery review software applications allow users to select words or passages in-text and have them blacked out to help expedite the redaction process.
Auto —redaction features will automatically redact all instances of a word or phrase. As discussed earlier, review projects are usually performed by teams, not single individuals.
This means that review sets need to be broken out into groups, or batches, for each individual reviewer. Many review platforms have the ability to do this automatically once a review set is imported into the application. Many review platforms will offer a Bates numbering feature named after the 19th century inventor Edwin G.
Bates that automatically attaches a unique identifier to each document to expedite document identification and retrieval. The final output of the review, the set of documents deemed to be relevant to the legal matter, must be produced to the other side as the final piece of the e-discovery puzzle. In the paper age, production was fairly straightforward. It literally involved sending large boxes of documents to the opposing side. Today, the process of production is more complicated.
Cases involve more documents or ESI and those documents come in a variety of forms. Even if it was feasible to print everything out and deliver it in paper form, doing so would neglect an important component of digital evidence: the metadata that underlies the visual or text content of the ESI and describes key contextual information about each document, like when it was created or modified.
Due to the complexities of producing documents in the digital age, the Federal Rules of Civil Procedure FRCP were amended in to address the topic. Several state courts have followed suit and amended their rules. According to the FRCP, litigants are required to produce electronically stored information ESI in the form in which it is ordinarily maintained often referred to as "native format" on in a "reasonably usable form.
Now that you've had primer on review, our next section looks specifically at applications of artificial intelligence in the review phase of e-discovery. Chapters Overview Ch. Review Ch. Review: The E-Discovery Stretch Run When most legal professionals think 'e-discovery,' their mind immediately jumps to attorney document review. Further, RegEx pattern detection can identify and secure sensitive personal information in compliance with data privacy laws. Conduct end-to-end eDiscovery processes in the cloud to ensure availability and scalability while eliminating infrastructure costs and reducing in-house personnel support of time-intensive tasks.
The software and processes involved in eDiscovery are becoming increasingly transferrable as greater data management and control is required in many facets of business. For instance, internal investigations share many of the characteristics of litigation when it comes to the collection and review of ESI. To over-simplify, eDiscovery is the collation and sharing of ESI during the civil litigation process.
Investigations can be seen as the review and analysis of ESI in order to establish facts relating to a matter that may never come to litigation or are completely unrelated to the litigation process.
Investigation is a rapidly increasing area for almost every business and affects almost every line of business. There are three main strands of investigation within a modern business:. This is a very wide-ranging category of investigations that covers cybersecurity, IP theft, fraud, insider threats and HR and employee matters, to list only a few.
Organizations must be responsive to the ever growing and evolving government, quasi-government and industry regulatory environment. The investigations in this category can range from pre-mergers and acquisitions to C-suite vetting to third party contract management.
Modern ESI investigations are critically important and intensely demanding, but shrinking timelines and ESI data proliferation make it increasingly difficult for investigation teams to zero in on the key facts that will reveal the true story.
The latest generation of eDiscovery solutions is easily adapted to meet the needs of even the most exacting investigation. Why is eDiscovery important to a company? Put succinctly, competency in eDiscovery is now a necessity of modern civil litigation practice. It is virtually impossible to achieve manually, especially where cost and time are major factors. The only way to effectively meet professional and legal obligations in an increasingly digitally complex world is through an advanced, AI-driven end-to-end eDiscovery platform.
Find out more. What is eDiscovery? When undertaking eDiscovery , you need to take into account: Volume ESI makes it simple to create multiple versions of the same document. Velocity There is an exploding number of channels that every company works with today. Variety When it comes to the variety of ESI, there are two challenges: First, each individual piece of information is in the format of the system or application where it was created.
What is end-to-end eDiscovery? The benefits of eDiscovery software eDiscovery has become an indispensable part of both the litigation and investigation processes for many organizations. Key benefits of using an end-to-end eDiscovery platform include: Manage the entire eDiscovery process Eliminate inefficiencies and unnecessary costs with integrated end-to-end technology spanning legal hold and preservation through collection , early case assessment, analysis, review and production.
Automate eDiscovery Replace time consuming, error prone and costly manual process with fully automated and intelligent workflows. Lower the total cost of discovery By harnessing the power of advanced AI and machine learning, eDiscovery tools reduce review costs by quickly eliminating duplicate and non-relevant documents.
Accelerate time to results Streamline workflows for rapid access to potentially relevant data, allowing review teams and investigators to find the facts faster , make faster decisions, determine case strategy and meet often stringent deadlines — whether imposed by a court, a regulator or agreed to with opposing counsel. Protect and secure sensitive data Protect privileged and confidential information with multifaceted defense at the infrastructure, application and network layers.
Harness the economics and scalability of the cloud Conduct end-to-end eDiscovery processes in the cloud to ensure availability and scalability while eliminating infrastructure costs and reducing in-house personnel support of time-intensive tasks.
Work Faster and Smarter. Automate redactions. Take an investigative approach. Meet tight production deadlines. Securely share documents. Sync to RelativityOne What you see on your mobile device and what your team sees at the office will never differ.
Work offline. Sync to RelativityOne.
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