The Savvy Litigator                                           Technology Lessons from the Experts                         ...
The Savvy Litigator                                            Technology Lessons from the Experts                        ...
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Savvy Litigator Winter 2009

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Superior Document Services, Richmond VA, quarterly news and information for Litigation Support Professionals.

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Savvy Litigator Winter 2009

  1. 1. The Savvy Litigator Technology Lessons from the Experts Winter 2009 Cost of eDiscovery The ability to proactively identify costs associated with discovery requests and to identify potential ROI have become decisive factors in determining how to or even “ if to proceed with litigation. Early Case Assessment models can provide critical insight for developing case budgets and strategies. These evolving technologies add efficiency, speed, accuracy and the ability to do more with less. Technology in the form of Software as a Service (SaaS) will continue to drive a shift in the eDiscovery cost paradigm. Charles Skamser writes in http://ediscoveryconsulting.blogspot. New Rules of Civil Procedure In Virginia com/2008/09/cost-of-ediscovery.html: On October 1, 2008, the Supreme Court of Virginia adopted amendments “As we approach the two(2) year anniversary of the December 2006 to Virginia’s Rules of Civil Procedure. The new rules address the discovery changes to the Federal Rules of Civil Procedure (FRCP), it has been of electronically stored information. The rules became effective as of interesting and somewhat educational to follow the tremendous confusion January 1, 2009. The amendments affect: and the dramatic changes in the cost of processing Electronically Stored Information (ESI). As I have been claiming, the changes to the FRCP and Rule 4:1, • General Provisions Governing Discovery the subsequent requirements to utilize new technology to meet these Rule 4:4, • Stipulations Regarding Discovery changes, is a classical example of a market paradigm shift causing chaos Rule 4:8, • Interrogatories to Parties and therefore the opportunity for the free market system to run wild. And, as George Socha and Tom Gelbmann report in the 2008 Socha- Rule 4:9, • Production by Parties of Documents, Electronically Stored Gelbmann Survey, commercial expenditures on Electronic Data Discovery Information, and Things; Entry on Land for Inspection and (EDD) topped $2.7 billion in 2007 , up 43 percent from 2006, and that they Other Purposes; Production at Trial predict that they will grow by 21 percent, 20 percent and 15 percent in • Rule 4:9A, Production from Non-Parties of Documents, 2008, 2009 and 2010 which equates to a $4.5 billion market at the end of Electronically Stored Information, and Things and 2010. As a point of comparison, Gartner Says “Worldwide IT Spending On Pace to Surpass $3.4 Trillion in 2008”. Entry on Land for Inspection and Other Purposes; Production at Trial ….ESI reduction through culling and de-dupe is essential to reduce the • Rule 4:13, Pretrial Procedure; Formulating Issues amount of data that has to be hosted and reviewed along with reducing the cost of actual document review is the key to reducing the overall cost The order approving the amendments my be view here: of EDD processing.” http://www.courts.state.va.us/scv/amendments/2008_1031_4_1_rule.pdf Stephen Ludlow writes in http://www.opentext.com/blogs/ecm_ briefs/2008/12/get_a_handle_on_electronically.html: “….This has caused forward-looking organizations to examine their records management and content management policies and capabilities to determine if they can be used to defensibly reduce the cost and risk associated with eDiscovery. They have determined that end-users will have greater responsibility for correctly identifying and dealing with records in their earliest stages of creation. In order to not create a drag New Year, New Business Partners on productivity, companies are looking to solutions that allow for the Compiled Services has recently released new software called ReadyConvert. transparent application of records management classification on content ReadyConvert can be used to quickly and accurately verify your product as part of the way that end-users already work. Additionally, with a deliverables. ReadyConvert has the following features: myriad of content creating applications available, companies look for integrations to a common library where content can be stored, classified, • Convert load files from one format to another, including EDRM XML searched and disposed of in a consistent manner. • Extract metadata from load files • Verify load file integrity, ensuring referenced files exist While application of good records management policies will significantly • Generate load files from single or multi page image folders reduce the cost of eDiscovery in the long term, many companies are • View images, thumbnails and metadata side-by-side burdened with the high cost of eDiscovery now and are likely to see • Generate cross reference reports with custom fields increases in the coming years. Reducing the cost of eDiscovery is a top • Filter load files using custom search criteria priority in the current economic environment….” • Batch update or find/replace on metadata fields Contact Superior for information on how we can help you keep costs in Currently, ReadyConvert is available as a free download at line with your budget without sacrificing solutions or service. www.compiled services.com. Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com
  2. 2. The Savvy Litigator Technology Lessons from the Experts Winter 2009 Wading Through the Sea of eDocs The most common challenge facing litigants is how to effectively and efficiently identify potentially responsive documents with accuracy. No longer is just as simple as skimming across 10 boxes of paper docs containing 25,000 sheets in less than 8 hours. Today, litigants need to review 10 gigiabytes of eDocs which is the equivalent to thousands of electronic files. That equates to more than 650,000 sheets of paper. How does one survive this task with imminent deadlines approaching. It would Women In Richmond Heard Roaring take more than 208 hours to manually review (8 days for 2 case clerks Women!! Richmond is now part of an incredible international group called to sift through just to pass up the chain for 2nd and 3rd reviews). Shall I Women in eDiscovery, WiE! This organization has over 2000 members discuss the process of identifying privilege and removing non-responsive… and has chapters in 28 cities. The purpose of WiE is to bring together too much typing for this writer. businesswomen interested in technology related to the legal industry and to provide opportunities for them to grow professionally through Search and Retrieval technology has provided the means for litigants to leadership, education and networking support. To date, we have held two identify relevant data with a sense of accuracy and confidence. Keyword hugely successful boxed lunch meetings with over 40 participants each searching is the most common format used to cull data in an effort to time. At our last meeting, our guest speaker was Shawnna Childress, one narrow the scope of documents deemed relevant for review. Keywords are of the three co-founders of WiE and a national consultant for Navigant created and agreed upon by all parties based on the scope of the case as Consulting. She flew in from Orlando to speak on “Reining is eDiscovery well as intelligence gained during meet and confer conferences. Costs”. She shared a wealth of information from her experiences on panels at eDiscovery conferences and with Laura Zubulake. For instance did you Conceptual searching provides litigants with the ability to use taxonomies know that Laura Zubulake personally managed the documents (hundreds to create categories of documents based on terms of similar meaning of thousands) by using the “technology” available to her at that time - an based on documents identified as relevant from keyword search results. excel database? Conceptual searching is designed to further narrow the scope with potentially relevant document strings based on content and other like http://www.ediscoveryinfo.com/2008/10/16/masters-laura-zubulake/ factors. Concept searching is gaining popularity in eDiscovery review protocols, for when used properly, the identification of “Hot Docs” Please come join this dynamic group. Our next meeting is tentatively becomes less of a burden. scheduled for Tuesday, February 10th at 12:15 and will be held at the LeClair Ryan Riverfront Office. We will be accepting nominations for Using the proper search and retrieval solution is critical to wading through the Chapter Board Positions at this meeting. For more information or the sea of eDocs as it relates to time and money. To learn more contact to register for this group contact Paige Sheffield or Renee Covington at Superior. Richmond@womeninediscovery.com Superior Document Services Company Directory Kriss Wison, President 804.690.0010 Paige Sheffield, Account Manager 804.690.0040 kriss@superiordocumentservices.com paige@superiordocumentservices.com Renee Covington, Vice President 804.357.9596 Robert Frampton, Production Manager 804.690.0038 renee@superiordocumentservices.com robert@superiordocumentservices.com Aubrey Owens, VP Litigation Technology 804.244.0173 Carla Monroe, Project Coordinator 804.501.9045 aubrey@superiordocumentservices.com carla@superiordocumentservices.com Justin Blessing, Technology Operations Manager 804.683.4821 Fax: 804.648.0807 justin@superiordocumentservices.com Online Orders: print@superiordocumentservices.com Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com

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