Plaintiffs and defendants face unique challenges during discovery. A central difference is asynchronous data; plaintiffs have had fewer data collection concerns while defendants have had to manage complex collection and production of vast ESI stores. On the other hand, defendants often have greater access to resources, while plaintiffs pay more attention to prioritizing expenses and making every dollar count towards a favorable outcome. While both sides share a duty to competently review relevant case documents, goals and methodologies can differ distinctly. This webinar will cover how these different approaches can benefit from specialized document review strategies and technology.
http://www.lexbe.com/resources/ediscovery-webinars/opposing-perspectives-in-document-review/?LEX=slideshare
For a complete listing of our free onDemand presentations see our Lexbe eDiscovery Library here: http://www.lexbe.com/resources/ediscovery-webinars/?LEX=slideshare
The Lexbe eDiscovery Library is an educational resource including webinars, presentations, MP3 podcasts and other materials covering a variety of practical subjects involving legal document management and e-Discovery. Access is available and free on registrations to lawyers, litigation paralegals and legal assistants, in-house counsel, litigators, litigation support, eDiscovery IT, Information Technology, litigation support and related professionals, who are involved in legal document management, electronic discovery, deposition or trial preparation.
To receive notices of future live and on-Demand webinars as part of the Lexbe eDiscovery Webinar Series, please email us at webinars@lexbe.com or follow-us on LinkedIN: https://www.linkedin.com/company/lexbe
This document summarizes a webinar on using technology-assisted review like predictive coding to increase the speed and reduce the costs of document review for litigation. The webinar covered topics like how predictive coding works by using a seed set to train an algorithm and testing it with control sets. It also discussed how to understand precision and recall metrics and the importance of transparency and scalability. The goal of the webinar was to educate lawyers on leveraging technology-enhanced methods for reviewing increasingly large document collections in litigation more efficiently.
This document provides an overview of electronic discovery (eDiscovery) including key drivers and challenges. It discusses how digital information is growing exponentially and the rising pressure on corporations to have comprehensive eDiscovery strategies to address litigation needs. The eDiscovery process is described including collections, processing, review and planning. Challenges like tight deadlines, legal expertise needs, and technology expertise are covered. The importance of people, process and technology is emphasized.
Every lawyer needs eDiscovery. Do you do it right?
Learn how to navigate dramatically increasing amounts of electronic data in this free Clio webinar.
How does your firm handle eDiscovery? In litigation and government investigations, eDiscovery is the process by which information is exchanged electronically—and it’s becoming more and more common.
Unlike traditional information stored in paper form, electronic information is much more pervasive, long-lasting, and transient. During a discovery disclosure, you will get mountains of data that needs to be sorted and analyzed. In this webinar, we’ll talk about the principles of eDiscovery and how your can ensure that your practice can properly preserve and sort information efficiently.
Join Nextpoint CEO Rakesh Madhava and Clio’s own Joshua Lenon as we walk you through:
- the basics of eDiscovery
- which tools your firm should use to acquire and preserve information
- how to quickly find the nuggets of data your case needs
- how to integrate eDiscovery better into your practice
Even with the growing importance of eDiscovery, most law firms still aren’t prepared to handle large amounts of digital information. Make sure that yours isn’t one of them.
Bringing e discovery in house with clearwell-final_111215GNetadmin
This document discusses the benefits of bringing eDiscovery processes in-house using Clearwell software. It recommends identifying areas of improvement such as collections and processing that can reduce outside spending. A strategy is outlined to define objectives around preservation, collections, and processing to improve efficiency. Key steps include identifying stakeholders, developing an ROI and budget, and selecting a technology solution like Clearwell that can automate processes across the eDiscovery lifecycle.
Top 10 Things Every Litigator Should Know about Handling Email in e-DiscoveryLexbe_Webinars
Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives, so it is no wonder that litigators must thoroughly and effectively review these collections for relevant case material. All too often, the "smoking gun" is hiding in .msg files and their attachments, but the peculiarities of email format can make this key evidence difficult to find, process for review, search, and produce.
Rethinking Application Design for the CloudCloudBees
Let’s discover the new application design guidelines to succeed on the Cloud. We will not only cover the glamorous new concepts for scalability, high availability and new keys to productivity but also the new security constraints, legal challenges, costs models or reversibility rules.
Session explanation
Cloud is everywhere: It is no longer used exclusively by famous startups or elite teams such as DropBox or NetFlix. Brick and mortars businesses such as newspapers and even banks now use Cloud Computing! However, these success stories did not happen by chance. Having infinite resources, servers, memory or storage is not a silver bullet. Let's discover the new application design guidelines to succeed on the Cloud. We will not only cover the glamorous new concepts for scalability, high availability and new keys to productivity but also the new security constraints, legal challenges, costs models or reversibility rules.
A Litigator's Guide to Cloud-Based eDiscovery and Document ReviewLexbe_Webinars
Newer scalable cloud computing allows firms to access substantial processing and review capacity when needed, at a fraction of traditional costs. When properly addressed, security increases in a cloud environment. This is a result of dedicated security staff, locked down data centers, data center certifications, full data encryption, and overall best practices security and confidentiality. These improvements amazingly come at a lower cost than traditional approaches.
This document summarizes a webinar on using technology-assisted review like predictive coding to increase the speed and reduce the costs of document review for litigation. The webinar covered topics like how predictive coding works by using a seed set to train an algorithm and testing it with control sets. It also discussed how to understand precision and recall metrics and the importance of transparency and scalability. The goal of the webinar was to educate lawyers on leveraging technology-enhanced methods for reviewing increasingly large document collections in litigation more efficiently.
This document provides an overview of electronic discovery (eDiscovery) including key drivers and challenges. It discusses how digital information is growing exponentially and the rising pressure on corporations to have comprehensive eDiscovery strategies to address litigation needs. The eDiscovery process is described including collections, processing, review and planning. Challenges like tight deadlines, legal expertise needs, and technology expertise are covered. The importance of people, process and technology is emphasized.
Every lawyer needs eDiscovery. Do you do it right?
Learn how to navigate dramatically increasing amounts of electronic data in this free Clio webinar.
How does your firm handle eDiscovery? In litigation and government investigations, eDiscovery is the process by which information is exchanged electronically—and it’s becoming more and more common.
Unlike traditional information stored in paper form, electronic information is much more pervasive, long-lasting, and transient. During a discovery disclosure, you will get mountains of data that needs to be sorted and analyzed. In this webinar, we’ll talk about the principles of eDiscovery and how your can ensure that your practice can properly preserve and sort information efficiently.
Join Nextpoint CEO Rakesh Madhava and Clio’s own Joshua Lenon as we walk you through:
- the basics of eDiscovery
- which tools your firm should use to acquire and preserve information
- how to quickly find the nuggets of data your case needs
- how to integrate eDiscovery better into your practice
Even with the growing importance of eDiscovery, most law firms still aren’t prepared to handle large amounts of digital information. Make sure that yours isn’t one of them.
Bringing e discovery in house with clearwell-final_111215GNetadmin
This document discusses the benefits of bringing eDiscovery processes in-house using Clearwell software. It recommends identifying areas of improvement such as collections and processing that can reduce outside spending. A strategy is outlined to define objectives around preservation, collections, and processing to improve efficiency. Key steps include identifying stakeholders, developing an ROI and budget, and selecting a technology solution like Clearwell that can automate processes across the eDiscovery lifecycle.
Top 10 Things Every Litigator Should Know about Handling Email in e-DiscoveryLexbe_Webinars
Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives, so it is no wonder that litigators must thoroughly and effectively review these collections for relevant case material. All too often, the "smoking gun" is hiding in .msg files and their attachments, but the peculiarities of email format can make this key evidence difficult to find, process for review, search, and produce.
Rethinking Application Design for the CloudCloudBees
Let’s discover the new application design guidelines to succeed on the Cloud. We will not only cover the glamorous new concepts for scalability, high availability and new keys to productivity but also the new security constraints, legal challenges, costs models or reversibility rules.
Session explanation
Cloud is everywhere: It is no longer used exclusively by famous startups or elite teams such as DropBox or NetFlix. Brick and mortars businesses such as newspapers and even banks now use Cloud Computing! However, these success stories did not happen by chance. Having infinite resources, servers, memory or storage is not a silver bullet. Let's discover the new application design guidelines to succeed on the Cloud. We will not only cover the glamorous new concepts for scalability, high availability and new keys to productivity but also the new security constraints, legal challenges, costs models or reversibility rules.
A Litigator's Guide to Cloud-Based eDiscovery and Document ReviewLexbe_Webinars
Newer scalable cloud computing allows firms to access substantial processing and review capacity when needed, at a fraction of traditional costs. When properly addressed, security increases in a cloud environment. This is a result of dedicated security staff, locked down data centers, data center certifications, full data encryption, and overall best practices security and confidentiality. These improvements amazingly come at a lower cost than traditional approaches.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
Creative operations teams expect increased AI use in 2024. Currently, over half of tasks are not AI-enabled, but this is expected to decrease in the coming year. ChatGPT is the most popular AI tool currently. Business leaders are more actively exploring AI benefits than individual contributors. Most respondents do not believe AI will impact workforce size in 2024. However, some inhibitions still exist around AI accuracy and lack of understanding. Creatives primarily want to use AI to save time on mundane tasks and boost productivity.
Organizational culture includes values, norms, systems, symbols, language, assumptions, beliefs, and habits that influence employee behaviors and how people interpret those behaviors. It is important because culture can help or hinder a company's success. Some key aspects of Netflix's culture that help it achieve results include hiring smartly so every position has stars, focusing on attitude over just aptitude, and having a strict policy against peacocks, whiners, and jerks.
PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley
PepsiCo provided a safe harbor statement noting that any forward-looking statements are based on currently available information and are subject to risks and uncertainties. It also provided information on non-GAAP measures and directing readers to its website for disclosure and reconciliation. The document then discussed PepsiCo's business overview, including that it is a global beverage and convenient food company with iconic brands, $91 billion in net revenue in 2023, and nearly $14 billion in core operating profit. It operates through a divisional structure with a focus on local consumers.
Content Methodology: A Best Practices Report (Webinar)contently
This document provides an overview of content methodology best practices. It defines content methodology as establishing objectives, KPIs, and a culture of continuous learning and iteration. An effective methodology focuses on connecting with audiences, creating optimal content, and optimizing processes. It also discusses why a methodology is needed due to the competitive landscape, proliferation of channels, and opportunities for improvement. Components of an effective methodology include defining objectives and KPIs, audience analysis, identifying opportunities, and evaluating resources. The document concludes with recommendations around creating a content plan, testing and optimizing content over 90 days.
How to Prepare For a Successful Job Search for 2024Albert Qian
The document provides guidance on preparing a job search for 2024. It discusses the state of the job market, focusing on growth in AI and healthcare but also continued layoffs. It recommends figuring out what you want to do by researching interests and skills, then conducting informational interviews. The job search should involve building a personal brand on LinkedIn, actively applying to jobs, tailoring resumes and interviews, maintaining job hunting as a habit, and continuing self-improvement. Once hired, the document advises setting new goals and keeping skills and networking active in case of future opportunities.
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
The document provides career advice for getting into the tech field, including:
- Doing projects and internships in college to build a portfolio.
- Learning about different roles and technologies through industry research.
- Contributing to open source projects to build experience and network.
- Developing a personal brand through a website and social media presence.
- Networking through events, communities, and finding a mentor.
- Practicing interviews through mock interviews and whiteboarding coding questions.
Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray
1. Core updates from Google periodically change how its algorithms assess and rank websites and pages. This can impact rankings through shifts in user intent, site quality issues being caught up to, world events influencing queries, and overhauls to search like the E-A-T framework.
2. There are many possible user intents beyond just transactional, navigational and informational. Identifying intent shifts is important during core updates. Sites may need to optimize for new intents through different content types and sections.
3. Responding effectively to core updates requires analyzing "before and after" data to understand changes, identifying new intents or page types, and ensuring content matches appropriate intents across video, images, knowledge graphs and more.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
It's part of a Data Science Corner Campaign where I will be discussing the fundamentals of DataScience, AIML, Statistics etc.
Time Management & Productivity - Best PracticesVit Horky
Here's my presentation on by proven best practices how to manage your work time effectively and how to improve your productivity. It includes practical tips and how to use tools such as Slack, Google Apps, Hubspot, Google Calendar, Gmail and others.
The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Lexbe eDiscovery Webinar- Opposing Perspectives in Document Review
1. Opposing Perspectives in Document Review
Gene Albert
Lexbe LC
May 21, 2015
Contrasting Plaintiff & Defendant eDiscovery Priorities
2. eDiscovery Webinar Series
○ Takes Place Monthly
○ Cover a Variety of Relevant eDiscovery Topics
○ Presentations Available for Download by Registrants
Info & Future
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
3. eDiscovery Webinar Series
Lexbe is an Austin, TX based eDiscovery software and services provider.
○ Lexbe eDiscovery Platform
Lexbe eDiscovery Platform is a fully-features eDiscovery processing and review
tool. Users can load a variety of file types, process for review, OCR for search, and
conduct document reviews, productions, prepare for depos & analyze transcripts,
conduct case analytics, prepare for dispositive motions, and provide litigation
support during trial.
○ Lexbe eDiscovery Services
Lexbe does large volume document culling, processing from native to PDF or TIFF,
high-volume OCR of image files, Rule 26 and project management consulting, and
related eDiscovery Services.
About Lexbe
Lexbe Sales
sales@lexbe.com
(800) 401-7809 x22
Lexbe is recognized as a 'Top 100' eDiscovery Provider by ComplexDiscovery, a leading electronic
discovery and information governance firm.
‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms. . . to
handle large amounts of data – without investing in an IT infrastructure.’ 451 Research
Lexbe infrastructure provider AWS recognized as the Leader in Cloud Security by
Forrester Research
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
4. If you have any questions or technical issues, please e-mail them to:
webinars@lexbe.com
eDiscovery Webinar Series
Questions & Technical Issues
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
5. ○ CEO of Lexbe LC, a provider of cloud-based litigation processing,
review and document management software & eDiscovery services
○ Frequent speaker/author on eDiscovery and legal technology issues
○ Planning Committee, Electronic Discovery Institute, State Bar of
Texas
○ eDiscovery consultant & expert
○ Education
MBA, University of Texas (2005)
JD, Southern Methodist University (1983)
BA, University of Texas (1979) Gene Albert
512-686-3460
gene@lexbe.com
https://www.linkedin.com/pub/gene-albert/0/88/ba1
eDiscovery Webinar Series
Gene Albert Bio
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
6. Opposing Perspectives in Document Review
● Is Discovery Different for Plaintiffs and Defendants?
○ Asynchronous eDiscovery
○ Differing Resources
○ Contingency Arrangements
● Examining Plaintiff and Defendant Discovery Concerns
● Top Takeaways for Plaintiffs and Defendants
Agenda
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
7. Defendant's View of Plaintiff’s
Production Request
Asynchronous Discovery
Defendant's View of
Plaintiff’s Production
1 GB = 50,000 pages = 14 Bankers Boxes
1 TB = 50 Million pages = 14,000 Bankers Boxes
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
8. Differing Resources
● Defendants are often the larger organization, with greater
financial, institutional, and facility resources.
● In eDiscovery, this manifests itself as larger, ongoing internal IT
departments and litigation support staff, or greater resources to
hire vendors.
● Due to the nature of plaintiff work, it is difficult for these firms -
and uneconomical - to match the internal IT/litigation support
resources of defendants
● This creates a fundamental difference in how the two sides
approach the discovery lifecycle.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
9. Contingency Relationship
● Plaintiffs frequently work under a contingency arrangement with
their clients.
● This increases the overall risk of any large case expenditure and
complicates the plaintiffs ability to value their case heading
towards trial.
● Discovery expenses often involve significant front-end outlays,
which - by themselves - can motivate a plaintiff to settle or drop an
otherwise strong case.
● Whereas defendants usually bill hourly, and are often paid
independent of case outcomes, contingency plaintiffs may only
collect after a successful case outcome.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
10. Plaintiff’s Complaints about Productions
● Important ESI sources were missed or hidden.
● Culling and responsive searches were awful and missed clearly
responsive documents.
● Important documents emerged only after depositions.
● Defendant produced a document dump of largely irrelevant ESI.
● Defendant used insane eDiscovery vendor estimates to justify
proportionality claims.
● No understanding of forms of production and production problems.
Defendant's production was junk.
From Craig Ball, Is There a Right to Fail in E-Discovery?
https://ballinyourcourt.wordpress.com/
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
11. Defendant’s Answer
● Plaintiff’s vague and overbroad requests was nothing more than a
fishing expedition.
● Defendant spent a fortune collecting and producing ESI.
● Because Plaintiff’s fishing expedition failed, Plaintiff seeks to make
the case about discovery.
● Because Plaintiff’s fishing expedition failed, Plaintiff is trying to
question Defendant’s competency in collecting and producing ESI.
● Plaintiff needs to show proof of inadequacy of production, not
guesses and unsubstantiated allegations.
Where’s the proof of inadequacy and failure produce?
From Craig Ball, Is There a Right to Fail in E-Discovery?
https://ballinyourcourt.wordpress.com/
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
12. Relative eDiscovery Concerns
Plaintiffs Defendants
Planning Medium Medium
Document Collection Low High
Early Case Evaluation/Valuation High Medium
Resp/Priv Review & Production Low High
Ingesting Opposing Production High Low
Evaluation of Received Production High Low
Search Quality and Speed High Medium
Fact/Timelining/Depo Capacities High Medium
Trial Support Medium Medium
Collaborative Capabilities Medium Medium
Expert/IT Assistance Medium Low
Cost Controls High Medium
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
13. Planning
● Defendants and plaintiffs both benefit from early stage planning in
both discovery and their case as a whole.
● Plaintiffs need to identify as many relevant custodians and ESI
sources as possible to prepare for the construction of ESI orders at
Rule 26 and other discovery conferences.
● Defendants should anticipate potential custodians and ESI sources
and develop integrated collection and review strategies.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
14. Planning
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
15. Document Collection
● Asynchronous discovery is most evident in the area of document
collection.
● Plaintiffs may have a fraction of the collection obligations of
defendants and so document collection is not as large a concern.
● Defendants’ collections are usually a much larger concern and
expenditure. Failing to defensibly hold, collect, review, and
produce responsive documents to plaintiffs in a timely manner
result in severe negative ramifications and sanctions.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
16. Early Case Evaluation
● Before a production has been received from opposing counsel, but
after ESI orders have been developed, there is an opportunity for both
sides to evaluate evidence to date and the relative strengths of their
cases.
● For Defendants, this may be less critical to do early and less significant
because they are in a defensive position and often cannot end or settle
the case without engaging in at least some discovery to determine the
validity of the Plaintiffs claims. Defendant’s main priorities in early case
evaluation are to begin identifying key case facts and ensuring
collection procedures comprehensively capture key documents.
● Plaintiffs focus on early case evaluation because it significantly
influences risk analysis and the decision to proceed with the case or
seek early settlement or even abandon prosecution. Assessing the
value of their case is a constant task for Plaintiffs and the time
preceding receipt of an opposing production is a good opportunity to
evaluate custodians and preliminary case facts.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
17. Early Case Evaluation
● Plaintiffs can evaluate their case early on by
researching preliminary case facts and issues as well
as determining key case participants/custodians.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
18. Responsive/Privilege Review & Production
● Reviewing documents for responsiveness and privileged/work product
content is often the most resource intensive task in litigation and is
another example of asynchronous discovery requirements.
● Plaintiffs have a significantly reduced document collection
responsibility and therefore responsive/privilege reviews and
productions are often relatively simple.
● Defendants’ discovery revolves around responsive/privilege review and
production and so significant time and resources are invested in the
appropriate people, technology, and processes to meet obligations.
● Defendants can approach responsive/privilege review with multiple
methodologies, including linear, keyword, and technology assisted
reviews (e.g., predictive coding), neardup identification, and can choose
to internally staff or rely on outside contract reviewers or managed
review companies to complete.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
19. Responsive/Privilege Review & Production
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
20. Ingesting Opposing Production
● Due to the asynchronous nature of eDiscovery, issues with ingesting
productions is an issue faced primarily by Plaintiffs.
● The main concern of plaintiffs is being able to quickly upload a large
production that could be in a number of different formats into a
document management system so that Plaintiff review teams can begin
searching for key documents and evidence.
● Plaintiffs may also receive iterative, relatively small collections over a
period of time and need to have methodologies and tools that reduce or
eliminate inefficient batching and allow for efficient integration.
● Plaintiffs may need to process a received production to make them
systematically reviewable.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
21. Ingesting Opposing Production
○ Iteratively received
productions can be coded and
organized by custodian and
document source.
○ Upload and process received
productions in a variety of formats
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
22. Evaluation of Received Production
● Both Plaintiffs and Defendants need to evaluate any new documents
with respect to their existing case. However, this issue primarily
concerns Plaintiffs.
● Receiving parties need to build an accurate understanding of the size
and content of a received production to deploy the appropriate review
resources.
● Parties benefit from being able to identify potential underdelivery or
specifically requested documents that are not included in the
production using automated tools.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
23. Evaluation of Received Production
● Identify potential holes in received
productions.
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Opposing Perspectives in Document Review
24. Search Quality & Speed
● Search speed and quality is important to any party that needs to find
specific content within a large collection of documents.
● Though search may be fast, the underlying indexing method will
determine if results are comprehensive. Incomplete search results
means that important case data cannot be practically found - a major
obstacle if dealing with any significant amount of ESI.
● Parties need be confident that their review tool search indices are
comprehensive, or else miss finding the “smoking guns” in their case.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
25. Search Quality & Speed
Index Method
Captures
Embedded
Text
Captures
Text
Excluded
From Print
Captures
Hidden Text
Imaged/OCR Yes No No
Native Extraction No Yes Yes
Lexbe Dual Index Yes Yes Yes
● Dual Search Index ensures that all of the contents of
a document are searchable and viewable
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
26. Fact/Timelining/Depo Capacities
● Both sides use fact & issue timelines to create textual and visual
chronologies of their case and prepare for depositions and motion
practice.
● By starting to develop fact & issue timelines early on in the case and
iteratively developing as documents are reviewed and insights gained,
parties can maintain an accurate understanding of the value of their
case.
● When approaching depositions, parties need to know which documents
relate to potentially negative case facts so they can preempt opposing
depo strategies.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
27. Dynamic Fact/Timelining Capacities
● Both parties benefit from being
able to link specific documents
to particular case facts & issues.
● Annotation capabilities let you
create a separate version of key
documents with alerts to
particular lines, sections,
quotes, etc.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
28. Trial Support
● Parties need to maintain searchable access to case documents that
may be brought up by opposing counsel during trial.
● Both Plaintiffs and Defendants benefit from tools that allow rapid
timeline updating based on live case testimony.
● A best practice for either side is prioritizing accessibility to case data
and documents throughout the trial and appeal process.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
29. Collaborative Capabilities
● Both Plaintiffs and Defendants need to work closely with in-house
counsel, co-counsel from different firms, experts, and others.
● Legal document management systems that are simultaneously secure
against unauthorized access, yet are accessible to authorized users
remotely, support effective collaboration.
● Local discovery solutions (e.g., ‘single-computer’ or ‘behind the
firewall’) can cause collaborative bottlenecks and headaches when
non-local members of the litigation team are unable to reliably access
the review environment.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
30. Expert/IT Assistance
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
● Both Plaintiffs and Defendants need access to knowledgeable IT
experts. Important for collection strategies, data mapping, Rule 26,
ESI orders, production evaluation and ongoing on-call assistance.
● Defendant counsel often can (and needs to) work closely the internal
IT staff of the organization. Greater resources may also mean greater
access to outside eDiscovery vendors for assistance.
● Plaintiff counsel also needs access to IT and eDiscovery experts, but
often must go to vendors as the Plaintiff itself may not have that
expertise.
Opposing Perspectives in Document Review
31. Cost Controls
● Both parties prioritize reducing costs and maximizing the efficiency of
available resources.
● A common defense strategy is to attempt to force Plaintiffs to expend
their available resources early in the case. Discovery is a good
opportunity to attempt.
● Plaintiffs are constantly evaluating the value of their case with respect
to available resources and so controlling costs can determine the
viability of a case.
● Defendants can typically afford to operate ongoing IT resources
because their budgets are somewhat independent of case outcomes.
● Plaintiff firms’ revenues are often entirely dependent on case
outcomes. Plaintiffs need to know when their case is out of reach so
they can minimize financial loss.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
32. Plaintiff Attorney Top Discovery Tips
● Quickly get preservation letter out to Defendants.
● Be careful to understand ESI Agreement commitments/limitations, and
don’t agree to limitations when more is needed. Don’t accept PDF or
TIFF alone in a production, if need native data/metadata.
● Understand and participate in defense counsel’s review and production
methodology. Understand defense’s data maps and systems.
● Quickly analyze incoming productions for adequacy and document data
holes to resolve as soon as possible.
● With large incoming productions, determine what review/coding
methodology will be used for the case. Linear review of every
document may not be possible in large document cases.
● Have IT/Lit Supports experts available as needed for strategy, review
of ESI commitments and orders and to assist in assessing production
adequacy.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
33. Defense Attorney Top Discovery Tips
● Map Custodians and ESI early and determine case strategy taking ESI
collection, processing, review and production into account. Quantify
discoverable ESI as early as possible as this will drive review and
production timelines and budget.
● Tie down discovery obligations in an ESI order. Involve organization’s
IT dept early and have available for Rule 26 conferences, etc.
● Document and disclose activities in eDiscovery to show transparency
and reasonableness of methodology and to defend proportionality.
● Customize review methodology by case and need. It’s not ‘one size fits
all’. Make use when appropriate of modern technology in document
review, including keyword enhancements, near-duplicate groupings,
and technology assisted review (e.g., predictive coding’).
● Build in time for adequate privilege review. Use modern tools to make
for more effective privilege review (e.g., neardup groupings, enhanced
search, dual indexing).
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
34. Summary
● Discovery is fundamentally different for Plaintiffs and
Defendants for three main reasons:
○ Asynchronous eDiscovery
○ Differing Resources
○ Contingency Relationship
● Through each case stage, Defendants and Plaintiffs have
different priorities based on the nature of lawsuits and
availability of resources.
● Specialized eDiscovery tools and methodologies that take
these differences into account are available, but Defendants
and Plaintiffs value different features.
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015
Opposing Perspectives in Document Review
35. Thank You
Contact Info
Gene Albert: gene@lexbe.com
(512) 686-3382
Stu Van Dusen: svandusen@lexbe.com
(512) 843-7672
Webinar Questions: webinars@lexbe.com
Opposing Perspectives in Document Review | eDiscovery Webinar Series | May 21, 2015