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Michelle Mahoney

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  • Welcome, thanks for coming today. We will look at the global market trends The corporate information and technology trends How they have shaped a change in skill and knowledge High level look at techniques to reduce volume and cost I have left time at the end for questions
  • Fulbright & Jaworski have commissioned for the last 7 years an independent research firm to survey senior corporate counsel on their experiences and opinions regarding various aspects of litigation and related matters. There were 403 participants including 275 in the US and 128 in the UK. Which is considered a statistically significant sample.
  • Half of the US respondents believe the legal industry will permanently change the way it does business due to the changing economy. More than 40% of US and UK companies commenced at least one internal investigation on their own initiative. A quarter of the companies that have conducted an internal investigation reported the matter to regulatory agency, as a result of their investigation. More than 40% of the largest companies plan to increase their spending on electronic discovery in the next 12 months.
  • The rise in concerns about regulatory actions was evident across the board, edging up from 29% in 2009 to 34% this year among the largest companies. At 27% for both the mid-sized and smaller companies, regulatory is double or more where it was last year among those groups. One in five of all respondents list regulatory and investigations among the top areas targets for more spending.
  • The rise since 2007 in companies spending US$1.0 million or more on litigation have given way to a decrease this year. The largest companies show the steepest declines in median spend of more than 13%. With mid sized companies dropping by 10% More than 40% of the largest companies highlighted electronic discovery as an area of spend.
  • Information and technology forces driving change LOTE – Language Other Than English (rise of Asia)
  • Cisco IronPort Threat Operations Centre has been tracking worldwide volume. April 11 84.4% or 32.7bn items sent were spam 15.6% or 5.23bn items sent were deemed business related
  • Information and technology forces driving change
  • April 7 - "The market is poised for strong growth with worldwide IaaS forecast to grow from an estimated $3.7 billion in 2011 to $10.5 billion in 2014.
  • Information and technology forces driving change
  • Fulbright survey respondents Facebook – 17% LinkedIn – 26% Twitter – 22% Company Blog – 23% None - 54% Don’t know – 8%
  • Information and technology forces driving change
  • Fundamentally, the old idea of the lawyer providing a disc and saying 'print this' has been frowned upon, and likewise, the lawyer providing a hard drive and saying 'load that up for review' is the next point at which we need to look at the eDiscovery professional who doesn't ask the right questions. You need to understand your data, and not just what is on the surface, what is beneath and it's implications. Data is going through it's biggest change in a long time, and is presenting new dangers and the good discovery professional will be alerting people to the dangers and considering their impact on the legal matter. You will need strong project management skills, excellent logic, and experience of running complex databases is ideal. The ability to examine a set of documents or a chain of emails and understand what is going on. To be able to look at a dataset and understand it's consequences is a valuable asset, but not essential. That understanding helps you to understand and interpret what your legal team is asking for, and to advise them and the client.
  • Costs are not simply about processing, it needs to be looked at across the entire matter, getting things right at the outset is critical to the outcome of the matter and will greatly affect costs down the line.
  • Trend to build internal capabilities for law firms
  • Combination of techniques
  • In May, 2009 Anne Kershaw and Joe Howie surveyed 18 US and UK leading providers of e-discovery services and software to learn what their experiences had been in reducing the volume of ESI to be reviewed by deduping across custodian. They received useful metrics from 15 providers. All of the respondents provided deduping within the records of individual custodians and deduping across multiple custodians. They reported that on average volume was reduced by 21.4% by deduping within single custodians and that on average, deduping across all custodians achieved a 38.1% reduction, almost doubling the reduction achieved by single-custodian deduping. However, most respondents reported that the most reduction they had observed in projects with deduping across multiple custodians was in the range of 60-80% -- a truly phenomenal savings. Interestingly, a respondent from the UK indicated that almost all UK cases were deduped across custodians but only 25% of the cases processed across custodians for the US. 9A • Just Custodian De-Duping compared to no de-duping 9B • Project de-duping compared to no de-duping 9C • Project-level de-duping compared to custodian-level de-duping
  • Cost Savings As compared to a linear review of the same content after duplicate consolidation, after culling based on domain name analysis of emails (e.g. excluding emails from CNNSports.com) and after email threading, what percentage of time do you estimate is saved by predictive coding when used to select responsive records?
  • Transcript

    • 1. Modern Electronic Discovery: The Evolution of the eDiscovery Practice 14 – 15 April 2011 Michelle Mahoney eDiscovery Asia Pacific 10686223_1
    • 2. What has changed in modern eDiscovery?
      • Demand for greater and earlier dispute resolution
      Source: Fullbright & Jaworksi 7 th Annual Litigation Trends Survey
    • 3. What has changed in modern eDiscovery?
      • Demand for greater and earlier dispute resolution
      Source: Fullbright & Jaworksi 7 th Annual Litigation Trends Survey
    • 4. What has changed in modern eDiscovery?
      • Demand for greater and earlier dispute resolution
      Source: Fullbright & Jaworksi 7 th Annual Litigation Trends Survey
    • 5. What has changed in modern eDiscovery?
      • Demand for greater and earlier dispute resolution
      Source: Fullbright & Jaworksi 7 th Annual Litigation Trends Survey
    • 6. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 7. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 8. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 9. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 10. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 11. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 12. Content in LOTE Database content Email volume Communication channels What has changed in modern eDiscovery? Privacy Rise of social media Mobile devices Information stored outside of firewall
    • 13. The changing expertise & knowledge needed
      • Deep understanding of litigation and the dispute or notice
        • Part of the legal team not adjacent to the legal team
        • Clear understanding and agreement of the parameters
          • Understanding of right sizing volume
      • Familiarisation and interpretation of evolving court rules, protocols & acts
      • Efficacy of continual improvement of process
        • Strong knowledge on best practice
        • Continue to learn, adopt, innovate and apply efficient methods to meet changing client demands
        • Fine tune process to meet aggressive time frames
    • 14. The changing expertise & knowledge needed
      • Enjoy and embrace change
        • Communicate with influence and clarity
        • Desire to understand what you are doing rather than simply doing it
      • Wide knowledge of technology solutions available
        • Ability to align technology to specific disputes
        • Deep knowledge of technology outcomes
      • Commercial acumen
      • Risk awareness and mitigation
      • Project Management
    • 15. The changing expertise & knowledge needed Source: Cowen Group – Current State
    • 16. Hashing & De-duping DeNISTing Metadata Custodian & date range Email Threading Domain Name Clustering & grouping Near-Duping Keyword Sampling Automated Categorisation & Predictive Coding The changing expertise & knowledge needed
    • 17. Best practice approaches to reducing time & cost Source: eDiscovery Institute Survey on E-Discovery Providers Pertaining to Deduping Strategies
    • 18. Best practice approaches to reducing time & cost Source: eDiscovery Institute Survey on Predictive Coding
    • 19. Conclusion Source: Case Central Case in Point
    • 20. Questions
      • Michelle Mahoney Director Applied Legal Technology [email_address] michmahon
    • 21. Modern Electronic Discovery: The Evolution of the eDiscovery Practice 14 – 15 April 2011 Michelle Mahoney eDiscovery Asia Pacific 10686223_1

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