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A Litigator’s Guide to ‘Going Native’

Native files refer to electronically stored information (ESI) stored in the format originally used, without conversion to TIFF, PDF or other paginated formats for review. Examples are Word, Excel, and Powerpoint, or email. Whether ESI should be produced and reviewed in native format can be a controversial issue in the e-Discovery arena and opinions of its appropriateness vary among experts. When done it raises complications for both the producing and reviewing parties that should be identified and addressed.

Key Points

  • Statutory and Case Law around Native Productions
  • Pros and Cons of Producing and Reviewing in Native format
  • Metadata, Privilege Review and Redaction Issues
  • Production Format Options
  • Importance of Properly Drafted ESI Agreement and Orders
  • Practical Take-Aways and Practice Tips
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Protecting Privilege in Document Intensive Cases

Preventing the inadvertent disclosure of privileged information in litigation is increasingly challenging. Fortunately, innovation in eDiscovery technology combined with process and workflow improvements can help you meet the challenge of protecting privilege.

Key Points

  • Increasing Risks with Protecting Privilege and Logging
  • Privilege Logging Requirements
  • Email Headaches
  • Causes of Inadvertent Privilege Release and Waiver
  • Optimized Workflow and Automatic Logging
  • NearDup Analysis to Catch All Versions
  • Categorical logging to the rescue?
  • Tips and Recommendations
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A Litigator’s Guide to Faster Document Review and Production

Increasing volumes of electronically stored information (ESI) in litigation have created the need for faster and more effective review procedures, software, and systems. Larger cases mean that ‘eyes on’ linear review of all documents just isn’t possible sometimes. Document-intensive matters require consideration and adoption of technology-enhanced approaches to leverage attorney and staff time in an efficient and effective process. Modern technology-enhanced review tools maximize attorney review time of key evidence, accelerate production timelines, and better control discovery costs.

Key Points

  • Increasingly Document-Intensive Cases and Linear Reviews
  • What are Technology Enhanced Reviews?
  • When Should Technology Enhanced Reviews be Considered?
  • Modern High-Speed Keyword Search
  • Grouping Similar Documents for Grouped Review
  • Uses and Applications of Predictive Coding
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A Litigator’s Guide to Handling Cloud-based Ediscovery and Documents

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.

Key Points

  • The Challenge of Big Data in Litigation
  • What is the Cloud?
  • How does Cloud Technology Apply to e-Discovery?
  • Cloud Best Practices & Advantages By Case Stage
  • Summary
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Top 10 Things a Litigatator Needs to Know About Handling Email in Edsicovery

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.

Key Points

  • Email Volumes are Growing Rapidly
  • Email Can Exist in Many Places
  • Headers Include Critical Case Information
  • Email Senders Can Be Spoofed
  • Email Time Zones Should be Normalized
  • Email Deduplication Removes Unneeded Email
  • NearDup Groupings for Mass Coding & Threading
  • Metadata and Families Speed Review
  • Processing is Needed to Enable Searchability
  • Be Careful How You Produce Email
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