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Best Practices: Managed Review

Review costs continue to be the dominant portion of discovery expenditure for corporate legal departments and law firms involved in large-scale litigation and government investigations. As the number of documents to be reviewed in any given case continues to grow exponentially, the time to review them has not. The challenge of finding cost-efficient solutions to complete large review assignments on time and within budget becomes more pressing each year. Outsourced managed review is a favored option in many large document cases to bring specialized review expertise and staffing to bear to handle large-scale productions, privilege review, redactions, and issue coding.

Key Points

  • About Managed Review
  • Importance of Efficient Review
  • Traditional Staffing v. Managed Review
  • Project Planning and Management
  • Selecting and Training Your Review Team
  • Process/Workflow Design
  • Quality Control and Testing
  • Communicating With Counsel
  • Creating Review Reports
  • Custom Production and Privilege Logs

About the Speaker

Bob Roberts is responsible for leading Black Letter Discovery’s Cincinnati office and manages all aspects of the managed document review process. Prior to joining BLD, Bob’s experience included managing a portion of the civil division of the Prosecutor’s Office for one of Ohio’s largest counties. Bob also had several years experience representing private clients in state and federal courts throughout Ohio.

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10 mistakes to Avoid when Running Productions

Whether producing in Native, TIFF, PDF, or a blended format, discovery productions are fraught with potential challenges and obstacles that can foil your ability to meet deadlines and satisfy discovery requirements. The webinar also explores different strategies you can use to avoid these common production problems before they unfold plus a variety methods that can be used to get back on track when unavoidable delays do occur.

Key Points

  • Being unaware of the rules (FRCP/state/local)
  • Neglecting to match review requests with your review approach
  • Not knowing the common file deliverables in productions
  • Missing the opportunity to use ‘Meet & Confer’ (Rule 26) to your advantage
  • Failing to Request specific file types & metadata as needed
  • No custodian tracking causing deduplication nightmares
  • Not Addressing placeholders, databases, and unusual file types
  • Negotiating incomplete discovery orders in complicated cases
  • Stepping into redactions traps
  • Decreasing privilege review accuracy by failing to apply Near dup checks

About the Speaker

Gene Albert is the CEO of Lexbe, and a frequent speaker and writer on litigation technology and eDiscovery topics. He is on the Planning Committee of the Texas State Bar eDiscovery Program. Gene has his JD from Southern Methodist University and his MBA from the University of Texas at Austin.

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Best Practices: Litigation Document Management

Increasing volumes of electronically stored information (ESI) in litigation have created the need for highly specialized document management systems to organize and manage discovery review. Though litigation databases have existed for many years, there are more options than ever for legal professionals to choose from that can deliver faster and more cost effective document reviews. All this while still including the most advanced eDiscovery and case management functionality available.

Key Points

  • Why is litigation document management needed?
  • Identify 7 distinct stages of litigation document management
  • Planning and Collection
  • Culling and Early Case Analysis
  • ESI Processing
  • Document Review
  • Document Production
  • Depositions and Motion Practice
  • Trial and Appeal

About the Speaker

Stu Van Dusen is an eDiscovery solutions consultant with Lexbe, and a frequent speaker and writer on litigation technology. He has his MS Technology Commercialization from UT Austin, and his BS in Business Administration & Management from Trinity University.

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New TechnoLawyer Report – Group “Like” Discovery Documents to Expedite Your Review

A newly released TechnoLawyer Report, Group “Like” Discovery Documents to Expedite Your Review, discusses how Lexbe’s innovative NearDup Groupings+ technology can greatly enhance the quality of eDiscovery productions. NearDup Groupings+ from Lexbe gives litigators a powerful tool that can group similar documents, identify unfound ‘key’ or ‘hot’ documents, enable email threading, and prevent the inadvertent release of privileged case information, contributing to a fast, precise, and cost-efficient discovery review. TechnoLawyer states, “NearDup Groupings+ takes advantage of specialized servers in Lexbe’s datacenter, enabling it to scale to handle cases of any size.” and goes on to say that ‘NearDup Groupings+ also speeds up the review process while minimizing risks.’ Click here to read the full report and find out more about how NearDup Groupings+ services from Lexbe can help you win your case!

Controlling eDiscovery Costs

With eDiscovery becoming increasingly typical and financially burdensome, every litigation professional is looking to keep costs down while still delivering high quality document reviews. This search for low costs, at least, has remained constant. What has changed rapidly is the amount of Electronically Stored Information (ESI) subject to discovery. As the amount of ESI created through normal business activity grows, the need to keep eDiscovery costs down and leverage best of breed technologies grows correspondingly. Let’s take a look at this explosion in ESI volume and how it affects eDiscovery costs.

The amount of ESI collected from employees for commercial litigation has grown by 35% annually. A recent report by Microsoft Corporation found that the average collection of data per individual custodian involved in litigation increased from 7 GBs (~0.5 Million pages) in 2008 to 17.5 GBs in 2011 (~0.9 Million pages). This shows an astounding 150% increase in just three years (35% a year, compounded).

BlogPostControlCosts This ESI explosion has a direct effect on the costs associated with eDiscovery. The industry standard prices for processing services are falling but not nearly fast enough to keep up with the exponential growth of ESI collected. The cost to process one GB of raw ESI (~50,000 pages) in 2006 was $1,800. This cost declined to $500 by 2011, showing a 72% decrease in 5 years (22.6%, compounded).

The data demonstrates an annual compound growth of collected ESI of 35% and an annual decrease in processing costs of only 22.6%. With discoverable data growth outpacing cost decreases by 12.4% annually, controlling eDiscovery costs is increasingly crucial. Finding and selecting a quality eDiscovery provider that develops scalable, technology driven solutions that push back against typical cost drivers should be the focus of every litigation professional faced with an eDiscovery challenge.

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