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Compressed Discovery
A monthly look at the electronic discovery arena from ONSITE3 |
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Dear Eric,
This Compressed Discovery update includes a recent article describing a practical approach for how corporations can achieve eDiscovery preparedness.
Also, ONSITE3's eView Webinar Series has been expanded with new episodes. Registration is free. So, sign up now and learn how your organization can improve productivity for document review.
This edition of our newsletter also highlights a new guide recently published on eDiscovery and digital forensics as well as a new litigation support association that launched in September.
We hope you enjoy this issue of our Compressed Discovery monthly newsletter. | |
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eDiscovery: Does Your Enterprise Know Where Its Data Is? | Metropolitan Corporate Counsel
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This article describes a practical approach for how corporations can achieve eDiscovery preparedness.
Ten years ago it was important for corporate IT directors and legal teams to understand the locations of information and records, but in today's marketplace it is now a necessity. Due to an ever growing body of guidelines and rules at both the state and federal levels, corporations must now identify, hold, manage and produce potentially relevant information and records more quickly than ever. Failure to do so can result in claims of spoliation and significant sanctions.
For consistency with the terminology used in the amended Federal Rules of Civil Procedure, which became effective in December 2006, this article will refer to information and records as electronically stored information (ESI). For organizations faced with the challenges of addressing ESI, there are three crucial aspects about ESI needed to achieve eDiscovery readiness: (1) knowing the location, (2) understanding the availability or accessibility, and (3) understanding the potential relevance. Because responsibility for addressing ESI typically resides in both the legal and information technology (IT) spheres, it is paramount to have effective communication and interaction between these two groups. This article will address how legal and IT teams can work together to locate and map ESI, in order to meet obligations for both the courts and other government entities.
Often multinational organizations will have the greatest challenge when attempting to locate ESI, but the steps described here can be applied across national boundaries - so long as the applicable laws support such an approach. To begin with, an organization should consider the nature of its IT infrastructure - for example, is this infrastructure centralized, decentralized, or a hybrid? Although locating ESI can be time consuming and costly, the risk mitigation afforded by such efforts can often be priceless. As demonstrated in recent decisions affecting the preservation of ESI (In re Genetically Modified Rice Litig., 2007 WL 1655757 (E.D. Mo. June 5, 2007) ), the courts are frequently demanding corporations not only understand the formats in which ESI resides, but also its locations. Corporations are also expected to possess a defensible method of adequately collecting potentially relevant ESI. Because of the complexities associated with such efforts, it is ideal for corporations to address these issues well before a preservation order is ever issued.
Typical solutions will often involve archiving and document management systems. As information storage requirements continue to grow, corporations often look to improving their data management capabilities. Through the initiation of an enterprise content management (ECM) program, these corporations also have the opportunity to implement needed policies for the capture, storage, management, preservation, searching, and collection of electronic content. Where such policies tie into ECM, corporations can gain visibility to ESI locations.
But such approaches may be more applicable for sophisticated organizations which possess the ability to initiate, accept and enforce policies and their associated systems. But what happens when an organization is not afforded the capability to act in such a systematic fashion? There are some standard practices that can be utilized with either outside consultants or internal IT departments to still achieve effective results.
To learn how your organization can become Discovery Ready, click here. |
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TechnoSecurity's Guide to E-Discovery and Digital Forensics: A Comprehensive Handbook |
IDC estimates that the U.S. market for computer forensics will be grow from $252 million in 2004 to $630 million by 2009. Business is strong outside the United States, as well. By 2011, the estimated international market will be $1.8 billion dollars.
ONSITE 3's Karen Schuler, VP of Consulting, recently co-authored a new book on eDiscovery and digital forensics. Published in conjunction with the recent Techno Forensics Conference, held in October at the headquarters of the National Institute of Standards and Technology (NIST) in Gathersburg, Maryland, this 400-page guide is now available from Amazon.com, Target.com, Elsevier, and other major book outlets. TechnoSecurity's Guide to E-Discovery and Digital Forensics: A Comprehensive Handbook
(Paperback)
Published October 2007
Co-authored by Karen Schuler, ONSITE3
For investigators, examiners, IT security managers, lawyers and academia, the book provides the information (regarding hardware, software, and procedural requirements) needed to create, manage and sustain a digital forensics lab and investigative team that can accurately and effectively analyze forensic data and recover digital evidence, while preserving the integrity of the electronic evidence for discovery and trial.
Topics covered include but are not limited to authentication, email forensics, developing an enterprise digital investigative/electronic discovery capability, digital forensics in a multi-operating system environment, digital forensic investigation operations, building a regional forensics lab, forensic examinations in a terabyte world, starting a career in the field of techno forensics (degrees, certifications and networking), standards in digital forensics, selecting the hardware for your forensics computer, death by a thousand cuts, balancing records & information management through electronic discovery, inside secrets to success, and Mac forensics.
To order your copy or to learn more about this new book, click here.
ONSITE3 has an experienced Consulting Practice Group that can provide everything from simple advice to detailed eDiscovery response planning, as well as discovery management for complex and large litigation. |
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ONSITE3 Adds New Episodes to eView Webinar Series |
Collection of FREE 1-hour Webinar Topics on Document Review
ONSITE3's eView Webinar Series provides in-depth information about the various features and functions within the eView application. Each episode places specific emphasis on how eView can improve the review process for our clients. Presenters include ONSITE3 authorized Training Specialists for the eView platform.
 Episode 1: Streamlining Workflow Process & Review
Why should a critical case exhaust your team or break your budget? eView services from ONSITE3 utilize an advanced workflow process and methodology designed to help you coordinate people, documents and technology into an effective and collaborative system for document review. Because you can also customize the application for your review processes, you can streamline each user's workflow in order to maximize speed and efficiency while also minimizing cost and burden. In this episode, attendees will also have the opportunity to see a live demonstration of eView's workflow capabilities for improving document review projects.
 Episode 2: Empowering Clients with Self-Administration
Looking for better control over your document review project? ONSITE3's eView platform allows you to perform most administrative functions yourself, including creation of users, assigning permissions, creating tags and conflict rules, and other important capabilities without having to wait for a vendor to perform critical tasks. While you can optionally request assistance for those functions you don't want to control, eView empowers you like no other application to track and manage your eDiscovery review projects the way you want to. In this episode, attendees will also have the opportunity to see a live demonstration of eView's administrative capabilities.
 Episode 3: Improving Privilege Logs for Better Risk Management
Looking for a way to spend less time formatting and building your privilege log? Clients can easily manage one or more privilege logs in a centralized location within eView. This dedicated workspace allows you to manage and edit the privilege log, select the fields that need to be on the privilege log, and export the log to a desired delimited format. Furthermore, the ability to define privilege log rules and include privilege families is another important feature provided by eView that helps to ensure privileged information is not produced by mistake. In this episode, attendees will have the opportunity to see a live demonstration of eView's efficient privilege log capabilities.
 Episode 4: Leveraging Reports for Proactive Management
Need a way to evaluate the progress of all reviewers and to improve overall review management? By using eView, various and customizable reports can be easily generated by the client for nearly every component of the review and production. For example, clients can receive and review custom daily reports, permission reports, detailed project reports (by client, case, or database), administrative log reports (big brother), and forecasting reports. Custom reporting enables clients to receive information that is unique and specific to each individual review and reviewer. In this episode, attendees will have the opportunity to see a live demonstration of eView's robust reporting capabilities.
 Episode 5: Maximizing the Power of Search
Would you like to reduce the time spent reviewing non-responsive, irrelevant, and privileged documents? ONSITE3's eView platform offers the ability to create simple and advanced queries, including Boolean or natural language searches, which can help you find the proverbial needle in the hay stack. Other search options, such as word stemming, relevance, or fuzzy, can also be defined by the user with the added ability to narrow the search even further to a specific folder or tag. In this episode, attendees will have the opportunity to see a live demonstration of eView's extensive search capabilities.
For more information or to register for any of these upcoming webinars, click here.
For detailed information on the eView Review Platform, click here. |
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Association of Litigation Support Professionals | ALSP |
New association launches in September 2007
The Association of Litigation Support Professionals, or ALSP, is dedicated to establishing global professional standards for the litigation support profession through collaboration, education and certification.
According to the ALSP website, the association is planning to work on the following actions in coming weeks and months:
- Begin the process of implementing generally acceptable professional standards for the litigation support process
- Establish a plan and timeline for providing certifications, continuing education and mentoring programs
- Assist the legal community in analyzing, recommending, anticipating and preparing for impending developments
- Provide a collaborative forum for disseminating information among litigation support professionals and organizations
- Develop education focusing on technical and managerial skills necessary for success in the field
- Create membership, regional working group and sponsor structures
To learn more about litigation support services from ONSITE3, click here. |
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ONSITE3 Launches Client Advisory Board to Cultivate Innovation for eDiscovery Document Review |
eView Platform Development Based on Customer-Centric Focus.
ONSITE 3 recently announced the founding of a Client Advisory Board which will serve as a forum for sharing ideas and cultivating innovation for the company's eView review platform and related proprietary technologies. The first meeting of the new board was held this week at ONSITE 3's corporate headquarters in Arlington, Virginia.
Following six years of experience in providing document review solutions, ONSITE3 has seen significant market adoption for its eView review platform in large part due to eView's client-influenced capabilities, including:
- Facilitated workflow processes enable clients to customize the eView application to complement and enhance their own processes for document review;
- Improved review management through various, customizable reports that clients can generate themselves for nearly every component of the review and production process, including productivity metrics at the individual review and reviewer level;
- Flexible administration gives clients a choice of either ONSITE3 assisted control or fully client-administered control over the entire document review project;
- Automated privilege log generation minimizes risk and eliminates the need for clients to externally manage privilege logs outside of the document review application.
The Client Advisory Board consists of business leaders and technical legal experts who share an interest in shaping the vision and specific development initiatives that will assure eView continued position as a leading document review platform. The 12 member board includes attorneys and senior litigation and practice support professionals from both law firms and corporations spanning industries such as pharmaceutical, financial, medical, and other fields.
"Our new Client Advisory Board demonstrates the importance we place on listening to clients and delivering the evidence management solutions they need," said Robert C. Ballou, chief executive officer, ONSITE3. "The evidence management landscape is subject to continued change stemming from new technologies and the ever-expanding body of requirements at both the state and federal levels. ONSITE3 works closely with our corporate and law firm clients to ensure we provide the right capabilities to address not only today's requirements, but also position our clients to solve for tomorrow's challenges as well."
"ONSITE3 began developing eView two years ago with the involvement of customer focus groups to help determine many of the key innovative features now available in eView, such as improved workflow management and document review efficiency," said Debra Rozier, vice president of ASP services, ONSITE3. "Our Client Advisory Board will continue this customer-centric approach as we move forward with planning and development of expanded functionality for the eView platform."
For additional information about eView or ONSITE 3's full range of litigation support services, visit us online at www.ONSITE3.com. |
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This Month's Featured Web Resource: The Sedona Conference |
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The Sedona Conference exists to allow leading jurists, lawyers, experts, academics and others, at the cutting edge of issues in the area of antitrust law, complex litigation, and intellectual property rights, to come together - in conferences and mini-think tanks (Working Groups) - and engage in true dialogue, not debate, all in an effort to move the law forward in a reasoned and just way.
The organization's hallmark is the unique use of the dialogue process to reach levels of understanding and insight not otherwise achievable. Its Working Group Series is designed to focus the dialogue on forward-looking principles, best practices and guidelines in specific areas of the law that may have a dearth of guidance or are otherwise at a "tipping point." The goal is that the Working Groups, the open Working Group Membership Program, and its peer review process, will produce output that is balanced, authoritative, and of immediate benefit to the Bench, Bar and general public.
To learn more about the Sedona Conference, click here.
Get a copy of the Sedona Conference's recent paper, "Best Practices For The Selection Of Electronic Discovery Vendors: Navigating The Vendor Proposal Process". To download your free copy, click here. |
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Need An eDiscovery Problem Solved?
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Have A Copy Of The New Rules? |
 ONSITE 3's free guide, "The New E-Discovery Rules," explains the impact that the new Federal Rules of Civil Procedure will have on your practice.
Including excerpts from the September 2005 Report of the Committee on Rules of Practice and from the May 2005 Report on the Civil Rules Advisory Committee, the guide represents a great resource for any attorney or litigation support manager concerned about the new rules.
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Estimating The Size Of Your Next eDiscovery Project? |
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If you are estimating the size your next e-discovery project, you may want to get a free, no obligation estimate using ONSITE3's eDiscovery Estimator. The eDiscovery Estimator operates regardless of your e-discovery vendor and is designed to ensure that no data is removed from your computer or network during the estimation process. Additionally, you can use the eDiscovery Estimator as often as you like - at no cost.
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ONSITE3 is a leading global provider of one-source litigation support for law firms and corporations, working anywhere around the world. ONSITE3 offers end-to-end solutions - including forensics, discovery, review, and consulting services - for meeting today's litigation needs and tomorrow's litigation challenges. With over 10 locations nationwide and international support capability, ONSITE3 was recently voted as a Top 10 e-discovery vendor in the 12th Annual AmLaw Tech Survey, #1 for Litigation Support Services by the AmLaw 200, and recognized as a top-five provider for both Electronic Discovery Processing Services and Capacity in the 2007 Socha-Gelbmann Electronic Discovery Survey. An active participant in the Electronic Discovery Reference Model (EDRM) project and the Sedona Conference, learn more about ONSITE3 by calling 1-877-433-5227 or visiting www.ONSITE3.com. |
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