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Technology, Techniques and Best Practices

Conference: Electronic Discovery for the Small and Medium Case

Conferences and training programs about e-discovery tend to focus on big cases, big firms and big enterprise clients. This is understandable, given that the more electronically stored information there is at issue in a case, the more challenging are the discovery issues and the greater is the need for sophisticated technology to help tackle them. But lawyers in small and medium firms are no less likely to face e-discovery challenges — and for them the costs and learning curve associated with e-discovery can be an even greater hurdle.

Given this, it is noteworthy that the University of Florida Levin College of Law and The Electronic Discovery Reference Model are cosponsoring a first-of-its-kind conference, Electronic Discovery for the Small and Medium Case, April 4-5 in Gainesville, Fla.  Here is the summary from the conference website:

The Conference will focus on solutions to the difficulties, issues, and decisions that attorneys face in competently and cost-effectively handling e-discovery in small and medium cases. The Conference will feature demonstrations of a new generation of right-sized e-discovery software and tools for each phase of the e-discovery process and include starter e-discovery toolkits for each in-person attendee.

Notably, the entire conference will be streamed online in real time. You can either attend live for a registration fee of $199 or attend via the stream for $99.

The co-chairs of the conference — Quarles & Brady partner William Hamilton and EDRM c0-founder George Socha — have put together a great program and roster of speakers (including Catalyst’s CEO John Tredennick).

In addition to presenting this conference, the University of Florida also recently launched The UF Law E-Discovery Project. The project is a multidisciplinary endeavor to support the civil litigation process through e-discovery law courses, research, the development of information retrieval method and tools, and offering e-discovery skills training for practicing attorneys and litigation support professionals. Bill Hamilton has been named the project’s executive director.

NYC Breakfast Panel Tomorrow: Managing International Fraud Investigations

The Japan Society and Catalyst are presenting a free breakfast panel tomorrow, Oct. 23, Global Fraud — Managing International Investigations. The panel features two Gibson, Dunn & Crutcher partners, Joel M. Cohen and Lee G. Dunst, together with John Tredennick, Catalyst’s CEO, discussing the heightened global enforcement enforcement of anti-corruption laws, including the FCPA and the U.K. Bribery Act.

Here is the program description:

Government regulators around the world are instituting new anti-corruption laws and enforcing them with greater vigor. U.S. criminal and civil regulators have broadened their focus recently to investigate alleged improper conduct outside the U.S. Penalties can include heavy fines and lengthy prison sentences—not the only costs and, frequently, not the most significant consequences. This program addresses the evolution of FCPA, UK Bribery Act and other anti-corruption enforcement efforts; strategic issues to consider when responding to government requests for evidence located outside the U.S., including data privacy, eDiscovery and general cooperation principles; and balancing the company’s response with the demands of the local government and laws.

The free program begins at 8 a.m. with registration and a buffet breakfast. The panel discussion is 8:30 to 10 a.m. The program is free, but preregistration is required. Registration information is available from the Japan Society.

Taming Big Data within the Corporate Litigation Lifecycle

How do big companies tame big data in litigation and e-discovery? That was the topic of a recent presentation by Christopher Toomey, director of alliances and channel development at Catalyst, and Jeremy Greshin, managing director of legal solutions at StoredIQ. Their talk, given Sept. 13, 2012, in Chicago, was presented by Thomson Reuters as part of its continuing Managing Litigation series. Below are the slides from their presentation.

What Google Can Teach You about Effective E-Discovery Search

In e-discovery, it all comes down to search. All the time spent collecting and reviewing. All the whiz-bang platforms from an array of vendors. All the newfangled technologies such as predictive coding and computer-assisted review. They all have one predominant purpose: To search for nuggets within mountains of data.

As Catalyst’s CEO John Tredennick put it so well in a post here last year, “Without search, we would be in a world of hurt, at least for e-discovery.”

Given this, it is surprising how little so many of us understand about even the most rudimentary principles of effective search. Google has spoiled us. We type some words in the query field and expect results. That may work for finding a recipe or a restaurant, but it doesn’t stand up to standards of defensibility in e-discovery.

What many e-discovery professionals desperately need is a course in the fundamentals of basic and advanced search techniques. It should be a course that would cover the key concepts, that would explain how to use operators, that would show how to filter results, and that would demonstrate how to tie these together to create complex searches.

Ideally, because we’re all busy, the course could be taken from our desktops, at our convenience. And, because we’re all tightwads at heart, the course should be free of cost.

As it turns out, there is such a course, and it comes courtesy of the very search powerhouse that I’ve already blamed for spoiling us, Google.

Power Searching with Google

In July, Daniel Russell, a senior research scientist at Google, presented a course, Power Searching with Google. The course consisted of a series of videos of Russell demonstrating search techniques, along with activities and assessments you could perform to test your skills. Those who completed it were awarded a “Power Searching with Google” certificate. Until just a few days ago, the entire course remained online, available for anyone to view. The July course is now closed, but the good news is that Google is about to begin a new session. It starts Sept. 24 and registration remains free of charge.

The course is composed of six “classes,” each consisting of multiple lessons. From start to finish, the classes take you from elementary to advanced, beginning with a basic discussion of how search works and ending with demonstrations of how to combine advanced techniques to find pinpoint results.

Let me be clear: This is not a class in e-discovery search. It is about Google search. However, while the search syntax the lessons use is specific to Google, the search concepts they teach are universal.

In fact, it was one of the search consulting experts at Catalyst who told me about the course. “Every law student and every practicing attorney embarking on his or her first intensive e-discovery case should take this course,” he urged.

Here is some of what the course teaches:

  • Class 1 is an introduction to “being a great internet searcher.” It covers how search works, the art of keyword choices, and why word order matters, among other topics.
  • Class 2 is a series of lessons on how to interpret and build on search results.
  • Class 3 begins to explore advanced search techniques, demonstrating ways both to filter and expand a search and to remove invasive or irrelevant results.
  • Class 4 is titled “Find facts faster” and it focuses on features built in to Google that help you narrow and refine your searches and quickly jump to specific types of results.
  • Class 5 covers fact checking and includes tips worth noting in e-discovery, such as how to search for variations of a concept and how to avoid biasing your searches through your queries.
  • The final class consists of three lessons focused on “putting it all together.” It shows you how to combine search techniques into complex queries and how to “think outside the box” in constructing searches.

The lessons are presented through a series of short videos that you can watch in bite-sized chunks. Text versions of each lesson are also available. I recommend both: Watch the videos then save the documents for later reference.

If the course whets your appetite for search information, you may also want to follow Russell’s blog, SearchReSearch, where he writes about search and search skills and offers regular search challenges where you can test your own search skills. Also, Google provides a range of training videos on everything from Google Scholar to Google Maps through its Google Search Education site.

As that Catalyst search expert said to me in recommending this course, “Not only will you be a better searcher, you may just impress your kids next time they ask you for help on their science project.” That alone is worth its weight in nuggets.

Trends and Best Practices in E-Discovery Privilege Review

Recent cases have presented several examples of the inadvertent production of privileged, “smoking gun” documents. In some of those cases, even with a clawback agreement in place, the court would not allow clawback. In others, even when clawback was allowed, the damage was done.

Below are the slides from a recent Catalyst Webinar, Trends and Best Practices in E-Discovery Privilege Review. (Follow that link to see and hear the entire webinar, with audio.) Presented by members of the Catalyst Search & Analytics Consulting Team, the webinar explores recent e-discovery trends and best practices regarding privileged documents.

View more PowerPoint from Catalyst Repository Systems

Webinar: Trends and Best Practices in E-Discovery Privilege Review

You cannot unring a bell, as the saying goes, and nowhere in e-discovery is that more true than when privileged documents are inadvertently produced to an opposing party. Even if you have a clawback agreement and even if the court enforces that agreement (not a certainty), the damage may already be done.

On Thursday, June 28, at noon Eastern time, Catalyst will present a free webinar, Trends and Best Practices in E-Discovery Privilege Review, presented by three members of the Catalyst Search & Analytics Consulting team. John Hokkanen, director of Search and Analytics Consulting, and senior consultants Jim Eidelman and Ron Tienzo will explore recent e-discovery trends and best practices regarding privileged documents.

Topics will Include:

  • A brief overview of recent court decisions regarding attorney-client waiver issues and best ways to use FRE 502.
  • Best ways to search for potentially privileged documents.
  • Using advanced analytics to identify social networking among in-house counsel, outside counsel, management and others to categorize privileged documents.
  • Creating a privilege log automatically as you review.
  • Best ways to QC for privilege using analytics, sampling, and rule-based software.

To attend this free event, register here.

Wrap-up of Reports From the Georgetown E-Discovery Institute

Sorry to say that I was not in attendance last week at the 8th Annual Advanced E-Discovery Institute presented by Georgetown Law CLE in Arlington, Va. Fortunately for us non-attenders, Law Technology News editor Monica Bay, reporter Evan Koblentz and contributor Mark Michels were there and filed several reports about the sessions.

Monica Bay

Monica Bay was in attendance Thursday morning when the institute opened with what she describes as “a fast-paced case law update presented by six of the most well-known jurists in the legal industry.” The nearly two-hour session “covered cases that illustrated a wide range of issues that were in consideration during 2011,” Monica reports. Among the topics–preservation, proportionality and cooperation. One notable topic was e-discovery competence. “I don’t see how you can provide competent representation if you don’t have some basic understanding of e-discovery,” U.S. Magistrate Judge David J. Waxse of Kansas told the audience.

Also in attendance at the case law update was Mark Michels, a contributor to Law Technology News and its EDD Update blog and a former discovery counsel at Cisco Systems. At EDD Update, he posted about a case “outside of the EDD mainstream that serves as a cautionary tale for e-discovery professionals.” I refer you to Michels’ post for the details of this appellate bankruptcy decision, but the bottom line was that attorneys who rely on computerized systems need to understand that garbage in is garbage out.

Michels also posted about comments made at the conference describing the success of the Electronic Discovery Special Master’s Program in the U.S. District Court for Pennsylvania’s Western District.

On Friday morning, attention turned to the Federal Rules of Civil Procedure, as a panel engaged in a wide-ranging discussion about anticipated revisions to the rules to better address issues in e-discovery. As Evan Koblentz reports, all eyes on the panel appeared focused on the FRCP e-discovery subcommittee that is expected to propose rule changes early next year, as well as on a Dec. 13 Congressional hearing on the costs and burdens of discovery.

If those reports still did not quell your remorse over not attending the Georgetown Institute, I am happy to say there are also an abundance of photos, all posted by Monica. They can be found here, here, here and here.

Join Catalyst at the Electronic Discovery and Evidence Training Institute

Catalyst is proud to be a sponsor of the Electronic Discovery and Evidence Training Institute, a two-day training institute to be held in Phoenix Dec. 1 and 2. With a focus on the convergence of law and technology in e-discovery practice, the conference will feature presentations by some of the leading experts in the field.

Michael Arkfeld

The conference is designed to provide legal professionals with working, structured knowledge of essential legal and technological issues surround e-discovery. It will include a review of the substantive and procedural law governing electronically stored information.

The principal organizer of the conference is Michael Arkfeld, a lawyer and internationally known speaker and author on e-discovery and evidence. Other speakers include Arizona Vice Chief Justice Andrew D. Hurwitz; Arizona Superior Court Judge Samuel A. Thumma; Arizona U.S. District Judge David G. Campbell (tentative); George L. Paul, a litigator and author of the ABA book, Foundations of Digital Evidence; and Joshua Gilliland, the California lawyer who writes the blog Bow Tie Law.

Read more about the conference, download a brochure, and find out how to register here: Electronic Discovery and Evidence Training Institute.

Seminar in Houston this Week on Protecting Privilege Using Defensible Search

There is still time to register for How to Protect Privilege Using Defensible Search and Review Strategies, a live seminar and lunch in Houston on Wednesday. The seminar panel includes Harris County District Court Judge Ravi K. Sandill along with two lawyers who are experts in e-discovery search.

The program will review recent court decisions that illustrate the risks of inadvertent disclosure of privileged documents. Panelists will then review best practices for building searches, for using advanced analytics, any for verifying results through quality control and sampling.

There is no cost to attend the seminar, which is sponsored by Catalyst. Here are the details:

Date: Sept. 21, 2011

Time: Registration and lunch begin at noon. One-hour seminar begins at 12:30 p.m.

Location: Houston Technology Center, 410 Pierce St., Houston.

A registration form, a full description of the program and biographies of the speakers all can be found here.

Webinar Offers Guidance on Mitigating Risk in Cross-Border E-Discovery

Join two leading authorities in international e-discovery for a free, one-hour webinar, Cross-Border E-Discovery: Meeting the Challenges and Mitigating the Risks, to be held on Wednesday, Sept. 21, 2011, at noon Eastern time.

The webinar will explore the challenges for multinational corporations engaged in cross-border e-discovery–from data privacy laws and discovery-blocking statutes to language and cultural issues–and offer tips for mitigating risk.

Panelists for the webinar will be:

  • Maura R. Grossman, counsel at Wachtell, Lipton, Rosen & Katz. Ms. Grossman’s practice focuses on advising lawyers and clients on legal, technical, and strategic issues involving electronic discovery and information management, both domestically and abroad, as well as on matters of legal ethics. Ms. Grossman speaks and writes frequently on e-discovery and legal ethics and is a member of several Sedona Conference working groups.
  • Richard Kershaw, Asia managing director for Catalyst Repository Systems. A fluent Japanese speaker, Mr. Kershaw has lived and worked in the Asia region since 1996. Over the years, he has successfully led forensic data management assignments in arbitration, litigation and regulatory investigations across the region, including matters in Saudi Arabia, India, Indonesia, Singapore, Malaysia, Hong Kong, China, Taiwan, the Philippines and Japan.

For more details about this webinar or to register, visit: Cross-Border E-Discovery: Meeting the Challenges and Mitigating the Risks.