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Best Practices: Cloud eDiscovery

The growing trend of increasingly large, complex data collections and reviews has caused both the time and dollar cost of discovery to explode. This is especially true when attempting to address large volumes of electronically stored information (ESI) with outdated software, systems and workflows. However, advancements in cloud computing technology have created attractive alternative solutions for small and medium-sized law firms and organizations.

Key Points

  • The Challenge of Big Data in Litigation
  • What is the Cloud?
  • How does Cloud Technology Apply to eDiscovery?
  • Cloud Best Practices & Advantages By Case Stage
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9 Tips for Creating Searchable PDF Documents for Review

The searchable PDF (portable document format) is becoming increasingly relevant to legal professionals in discovery, document review, and related litigation matters. One of the main drivers of this trend, in addition to popularity in corporate environments, are court requirements in many jurisdictions that require pleadings and motions to be filed in PDF. Fortunately, there are many low-cost options that allow firms and organizations to inexpensively create PDFs and newer versions of Adobe Acrobat support Bates numbering and legal redaction. Below are nine best practices that will help you maximize the searchability and benefits of using PDFs in discovery.

1. Choose the ‘Text-Under-Image’ Option: When scanning a document, you may be presented with different options for types of PDF files. If available, you will usually want to choose the option that applies optical character recognition (OCR) to make the document text searchable. This can be implemented in different ways depending on your specific hardware and software, including a ‘”make searchable (apply OCR)” option, or “text-under-image” or “searchable PDF” file type options. This means that your scanned document will be text searchable within the Acrobat viewer and many other programs designed to search PDF files. The other type of PDF you could choose is called an “image-only PDF”, which is not text-searchable. When viewing a PDF file you can tell if a file is searchable by looking for the ‘select tool’ on the top bar in Acrobat Reader. This indicates that the file is text searchable.

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Opposing Perspectives in Document Review

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.

Key Points

  • 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
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Best Practices: Technology Assisted Review

Technology assisted review (TAR), also known as predictive coding and computer assisted review, has become a frequently used tool to complete large document reviews quickly and cost efficiently. The promise of fast, accurate computer-assisted coding as a practical solution to increasingly massive collections is encouraging, but understanding various vendor approaches can be confusing and overwhelming. In many cases, there is little, if any, information about how a specific TAR methodology works, creating potential defensibility blind spots and jeopardizing the progress of your case. How can you trust or account for the results of a mystery process? Alternatively, if a methodology is fully disclosed, case teams can evaluate, explain, and justify outcomes with confidence.

Key Points

  • What is Technology Assisted Review (TAR)?
  • How does TAR/Predictive Coding work?
  • Why use TAR/Predictive Coding?
  • Comparing outcomes: predictive coding vs.and manual review
  • Importance of transparency in TAR applications
  • Benefits of scalability in predictive coding architectures
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Embracing the Power of the Cloud in eDiscovery

Cloud infrastructures provide an unrivalled opportunity to control eDiscovery costs without sacrificing quality, functionality, or security. Firms without large litigation support departments can instantly increase their discovery and review capacities with on demand/SaaS eDiscovery – often allowing them to take on cases they were previously unable to.

When firms make the decision between bringing litigation support and eDiscovery functions in-house or looking for scalable external solutions, there are several questions whose answers weigh heavily on the decision. How big is the firm? Do caseloads support the newly built capacity? Is there capital available to cover the high fixed costs and overhead associated with establishing or expanding an internal support department? Smaller firms consider these questions and often find themselves caught between opportunities to grow and take on larger cases and constraints imposed by the costs associated with establishing the necessary internal infrastructures.

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