Good cartoon from the folks over at CaseCentral:
Good cartoon from the folks over at CaseCentral:
One of the big “buzzwords” that has picked up steam in the e-discovery universe is early case assessment or “ECA.” It was also all the rage the LegalTech, just as “e-discovery” was in 2006 when the new rules came into effect. That being said, Josh Kubicki has his own opinion on ECA.
From Joshua Kubicki:
Early Case Assessment (ECA) has gained momentum recently as ediscovery matures and clients look to improve their ability to not just respond but detect and assess issues proactively. The unfortunate truth is that the strong majority of proposed ECA solutions or products are nothing more that ediscovery accelerators. What is being sold is not necessarily ECA but a quicker more robust ediscovery process. The fact is that ECA has been around for decades and it is not something that can be addressed by technology alone or by speeding up the ediscovery process (though this could be useful at times)…
From the 451 Group:
For what was once a fairly staid Old Economy business, Iron Mountain has done a better job than most companies in acclimating itself to the digital age. The records management vendor has accomplished that with eight acquisitions over the past half-decade, picking up technology for online backup and e-discovery, among other offerings. The $158m purchase of e-discovery provider Stratify stands, in many ways, as Iron Mountain’s marquee acquisition for its digital business. It has maintained the Stratify name and, last November, turned its whole digital subsidiary over to Ramana Venkata, the founder and former CEO of Stratify…
…However, the market has been buzzing recently with another possible pairing for Iron Mountain – Mimosa Systems. Although Mimosa has talked in the past about going public this year, we have always thought that an acquisition of the company was more likely…
Ugh, there is so much stuff I still need to do. My arrival back from LegalTech was almost as overwhelming as the three days spent at LegalTech. It is amazing on how much you miss when you are away from it, even if it’s for a short while.
Anyway I am trapped in my house due to the snow. I am also trying to upload a video I made at LegalTech to the blog as well as finish up a few post for Above The Law. You would think I would be tech savvy enough to figure out how to load my own video. Well, you would be wrong. No worries, I will figure it out.
Hope all is well with everyone. -Gabe
PS: Here is a link to a snowball fight that was promoted on Facebook from the Washiongton Post. The snowball page gain over 5000 fans. Not sure how many actually showed.
This is Jason Baron’s and Ralph Losey’s movie that they presented at LegalTech. The transition back to my job has made me fall behind on posts. I will try to post more here over the weekend.
That’s me on the right with Greg Bufithis, founder of The Posse List at the Fios Reception at LegalTech NYC
I’m over here.
I will be back to Gabe’s Guide shortly, but I want to put up a few more posts on Above The Law. The people at Above the Law have been more than wonderful.
Here is a new platform that was introduced just before LegalTech.
From their website:
Epiq’s IQ Review solves the challenge of rapidly locating the documents that are actually responsive to a matter – typically less than 20% of a collection. Combining the best technology with the smartest procedures, IQ Review is the most intelligent, cost effective end-to-end approach to any matter.
A cornerstone of IQ Review is the ability to prioritize your documents by responsiveness…before review begins…
I arrived safely NYC this afternoon via the Bolt Bus from DC. I am really looking forward to this year’s LegalTech, which will most likely dominate this blog over the next few days. Although I will be mainly blogging with Above The Law, I will be linking back to this blog as much as I can.
First event is at 6:30 this evening. It’s a party hosted by Technolawyer at an Italian restaurant called “A Voce.” So I better get cracking…
From a marketing perspective, doeLegal was one of the most creative vendors from last year’s LegalTech. They had an actor playing Mark Twain who was taking pictures with everyone, including me. Unfortunately I don’t have my picture anymore, but I look really forward to seeing what they come up with this year.
From their website:
doeLegal knows the risks associated with eDiscovery Collections that do not meet court requests. By helping our clients avoid these pitfalls, doeLegal has been able to ensure current and emerging operational and regulatory requirements for ESI collections are constantly met. Our own experts are ready to assist during early case assessment, searching/ retrieval, culling, and de-duping. Incorporating simplicity while maintaining defensible chain of custody is crucial today. Maximizing technology and Minimizing Expenses is what doeDiscovery and doeLegal provide clients around the world…
From Sean Doherty of Law.com:
LegalTech Descends on New York
What are the next big improvements in information technology that will benefit lawyers and law firms? Find out at LegalTech New York.
LegalTech brings lawyers, paralegals, law firm administrators, developers, manufacturers, and technologists, and more to the Hilton New York from Feb. 1-3 to share developments and improvements in legal technology, including e-discovery. In 2009, LegalTech New York attracted nearly 13,000 attendees and featured almost 300 exhibiting companies. This year’s attendance will be comparable to 2009, says Henry Payne Dicker, vice president of ALM Events, and is ahead in some categories, like paid registrations…
Hat Tip: RR
Over at The Posse List, there is an interview with both Jason Baron and Ralph Losey that is worth checking out. The interview is part of their series “Data! Data! Data!” — Cures for a General Counsel’s ESI Nightmares”.
Here is a snippet from the intro:
Jason and Ralph have been creating a movie entitled “e-Discovery: Did You Know?” which will be premiered in it’s final form next weeks at LegalTech New York. We have seen several ”beta” versions and discussed it before (click here). It always seems to blow away the crowd. The guts of the presentation in a nutshell: e-discovery is expanding exponentially and Ralph and Jason speak in petabytes, and exabytes — not terabytes.
From Anthony Vittoria of Ober Kaler on the impact of electronic documents in everyday business:
There have been literally thousands of articles commenting on the new rules adopted by the federal courts regarding electronic documents (such as e-mail and spreadsheets) during litigation. Most of those articles focus on the obligations of the parties and their counsel to preserve and produce relevant electronic documents to the opposition. Still other articles focus on purely legal issues such as the preservation of the attorney- client privilege in the midst of a large production of electronic documents, and the “safe harbor” provision included in the new rules that addresses accidentally deleted electronic documents.
In the midst of this sound and fury, what is often ignored are the effects that this new focus on electronic documents has on the everyday operation of a business. One of the most important aspects of the new rules that could significantly affect how a business is run is the requirement that the parties address — very early in the litigation process — particular issues relating to electronic documents, including the number, location and format of the relevant electronic documents. Because court deadlines are tight and failure to meet those deadlines could result in severe penalties, companies that have a firm grasp of these issues prior to the commencement of a lawsuit will have a distinct advantage, both in litigation and in everyday affairs.
The following are a few of the important things regarding electronic documents that every business, especially a construction- related business, should know…
This blog from California e-discovery attorney and consultant, Perry Segal is a good read. He tends to cover alot of e-discovery odds and ends that many people miss.
From his last post:
e-Discovery LOL: Open Sesame!
Person1: Did you set up a password for the system?
Person2: I sure did. It’s “Cabaret+FiddlerontheRoof+Camelot+Sacramento”
Person1: What kind of a crazy password is that?!?!?!
Person2: Well, the network administrator said it should include at least three numbers and one capital!
But seriously, folks…check out this great article…
Here are just a sample of press releases/announcements I have received in the last two days:
Although I love to post about great legal marketing, I rarely, if ever, have posted about a legal marketing company. That being said, I have to hand it to Edge Legal Marketing. In the run up to LegalTech NYC, Edge has been very busy with many aspects of the conference. Their newest innovation is The Edge Room, explained below, which will be very helpful to “blogger know-it-alls” like me.
From the TheEdgeRoom.com:
Edge Legal Marketing and the LegalTech have partnered to provide The Edge Room – a new take on the old press room. We understand the importance of having an easy way for editors and vendors to communicate and The Edge Room enables exhibitors to easily upload their company information and show announcements, and give the media attending the event secured and easy access to view this information and plan out who they want to visit or meet with at the event. If you are media or an exhibitor and need a username and password, click Here.
Over at the ABA Books Brief Blog, you can read an excerpt of Electronic Evidence and Discovery: What Every Lawyer Should Know Now, Second Edition, by Michele C.S. Lange and Kristin M. Nimsger.
Cost Allocation for E-Discovery
The price tag connected to an electronic discovery project can be significant, depending on the circumstances of the case. Not surprisingly, some of the most intense arguments ensue over which party should bear the costs associated with e-discovery. All courts have the authority to require a party requesting discovery to pay the costs that will be incurred by the responding party; it is in the court’s discretion whether to exercise this authority, and under what circumstances…
From their website:
Integreon’s eView™ Document Review Platform is a proprietary application built upon a powerful, scalable SQL-based engine. It features an easy-to-use, Citrix web-based interface. eView substantially reduces the time and expense associated with attorney document review and is ideal for large and complex projects. eView helps clients to:
- Control Cost: Reduce the cost of review by enabling more efficient management and reporting for the entire review process.
- Minimize Risk: Facilitate timely completion and accuracy with built-in workflow and quality control capabilities to ensure production of only responsive data.
The eView Advantage
- Configurable Workflow: eView permits a flexible approach to management of reviewer workflows and document assignments.
- Administrative Control: eView provides client administrative control, with the flexibility to call on assistance from Integreon when preferred.
- Real-Time Reporting: Productivity metrics assist clients with understanding how many documents have been reviewed, who reviewed them, and how long the review process is taking.
Mary Mack
Good rundown by Mary Mack of Fios Inc. of the decade on the advent and exponential growth of e-discovery.
From DiscoveryResources:
It’s just the beginning
After pausing to reflect on all of the progress that has been made in the world of e-discovery this past decade, I’m taking an even deeper breath and considering what is yet to come. Technology continues to advance at record speeds and case law continues to evolve at both the federal and state levels. It’s been an incredible journey and one that I’m proud to have taken with you. Here’s to even more e-discovery adventures in the decade to come…
From their website:
Venio Systems is a cutting edge Electronic Discovery software solution created to save legal, government and corporate industries time and money. Venio FPR™ allows forensic units, attorneys and litigation support teams to analyze data, provide an early case assessment, a total case assessment and a first pass review of any size data set. Unlike other E-Discovery management platforms, Venio FPR™ can export to ALL industry standard litigation support applications while providing extensive reporting options. LEARN MORE>>>
This seems like a good panel to attend at LegalTech NYC.
From EMC/Kazeon:
Kazeon announces insightful super session “eDiscovery War Stories: The Dirty Truth from the eDiscovery Trenches” with noted guest Charles S. Biener, Esq., Vice President and Senior Litigation Counsel CIT Group Inc.; Steven W. Teppler, Esq., EdelsonMcGuire, LLC and Author of “Digital Evidence LifeCycle Management – A Guide for Enterprise, Attorneys, and Technologists”, Matthew Nelson, Esq., Legal Consultant in EMC’s Global eDiscovery and Compliance practice and moderated by James D. Shook, Esq., CIPP, recognized authority and author on legal discovery and compliance law and EMC eDiscovery expert…
…“The session “eDiscovery War Stories” highlights the challenges, issues and best practices the esteemed panelists have experienced throughout their careers in eDiscovery,” says J. David Morris EMC SourceOne eDiscovery – Kazeon. “Gaining valuable firsthand knowledge and guidance from the eDiscovery trenches is an opportunity not to be missed while at LegalTech New York.”
You can download the flyer here. Hat Tip: TPL
Here are two great stories that signify an encouraging trend for anyone working in complex FCPA litigation and e-discovery.
First, from Robert Trigaux of the St. Petersburg Times:
John Benson Wier III, 46 and president of St. Petersburg’s SRT Supply, was in Las Vegas this week hawking military equipment from Booth 26506 at the 2010 Shooting, Hunting, Outdoor Trade show.
His sales pitch was short lived. He was one of 22 arrested in a Federal Bureau of Investigation sting Monday and charged with attempting to bribe foreign officials and money laundering.
FBI agents posing as defense officials of an African country proposed a scheme in which U.S. companies would pay 20 percent “commissions” to equip a presidential guard with pistols, tear-gas launchers, bulletproof vests and other supplies.
Wier, says the U.S. Department of Justice, was supposed to provide 1,800 grip-mounted laser sites. Also arrested was Andrew Bigelow, 40, managing partner and director of government programs for a Sarasota company called Gun Search that sells machine guns, grenade launchers and other small arms.
This week, 150 FBI agents executed 14 search warrants in locations across the country, including St. Petersburg.
The 16 indictments unsealed Tuesday represent the largest single investigation and prosecution against individuals in the history of the Department of Justice’s enforcement of the Foreign Corrupt Practices Act.
Also from Amy Miller at Corporate Counsel:
In what’s billed as the first large-scale undercover investigation into violations of the Foreign Corrupt Practices Act, the Justice Department has netted 22 executives, including the general counsel of a company that makes military equipment. They were charged with attempting to pay bribes to win lucrative overseas contracts worth $15 million.
“The fight to erase foreign bribery from the corporate playbook will not be won overnight,” Assistant Attorney General Lanny Breuer said in a press release. “But these actions are a turning point. From now on would-be FCPA violators should stop and ponder whether the person they are trying to bribe might really be a foreign agent…”
…Usually, possible FCPA violations come to the department’s attention only after companies report them, or they’re reported by the news media. So companies that may be trying to comply with the law are often hit hard. That’s not the case here, she said…
Among those indicted was Jeana Mushriqui, 30, general counsel for Mushriqui Consulting, a company in Upper Darby, Pa., that makes and exports bulletproof vests and other law enforcement and military equipment. She and her brother, John Mushriqui, the company’s director, face six counts of violating the FCPA, and one count of conspiracy to commit money laundering…
Both of these stories add weight to and are consistent with the Attorney General’s speech on financial fraud from roughly two weeks ago.
Another one of my favorite e-discovery blogs. Sharon Nelson packs her blog with concrete information in a concise manner. Definitely a must read.
From the latest entry in Ride The Lightning:
Though it has a broad title, “Ethics and E-Discovery Review” is really focused on the issue of duplicate consolidation. I am only guessing, but I speculate that the title was meant to attract the average lawyer – I can tell you for a fact that most lawyer audiences look at me blankly when I use the term “duplicate consolidation.”
The article is extremely well-written and provides an in-depth look at the cost savings that may be achieved through duplicate consolidation. It also suggests something I fear to be all too true, that many lawyers prefer to keep the billable hours up rather than save clients money…
As I stated in Lazy Sunday Links, I had an a big upcoming announcement regarding LegalTech, and it’s great news. Yours truly will be covering LegalTech in New York City February 1st-3rd for the highly popular Above The Law blog. It goes without saying I was honored to have this assignment, and I am really excited that Above The Law (and their parent company Breaking Media) are beginning to venture into the legal technology/e-discovery realm. I have already set up a number of meetings with various colleagues. If you are going to LegalTech or will be in NYC during February 1-3, and want to meet up, please email me at Gabe@GabesGuide.com.
I missed this article from a few days ago, but I thought it was important to still post it due to the ramifications it will have for litigation and e-discovery. You will have to register to read the entire article, but it is free, and takes less than a minute to sign up.
From Kirkland & Ellis via Lexology:
In a January 8, 2010 speech in West Palm Beach, Florida — described in the speech as “ground zero” for Bernard Madoff ’s $65-billion Ponzi scheme — U.S. Attorney General Eric Holder labeled financial fraud “one of the most glaring threats” facing the U.S. economy. Attorney General Holder drew further on national security and terrorism themes to emphasize the priority the Department of Justice will give to investigating and prosecuting financial fraud. He asserted that these efforts are an essential aspect of protecting the national security. He further explained that in this endeavor, “[t]he Department of Justice, working in concert with the White House and a network of government agencies, will use every tool at our disposal — including new resources, advanced technologies and communications capabilities, and the very best talent we have — to prevent, prosecute and punish financial fraud.”
Attorney General Holder’s speech is the latest sign that the Obama Administration and Congress have emphasized the broad category of corporate and financial fraud as a major priority for federal law enforcement, endowing enforcement agencies with increased budgets, new authorities, and a political mandate to investigate and prosecute alleged financial crimes in the corporate marketplace. This emphasis on prosecuting financial fraud is not entirely novel, of course; there were substantial financial fraud enforcement actions in the last Administration, particularly in the areas of mortgage fraud, international organized crime, and securities fraud at entities such as Enron and WorldCom. However, the increasing focus on enforcement actions against financial actors — whether under fraud, antitrust, or administrative securities fraud theories — merits the close attention of American corporate leaders.
From CNNMoney.com:
Kraft reached a $19 billion deal Tuesday to buy Cadbury, finally succeeding in its takeover of the 200-year-old British candy maker after sweetening its offer.
Cadbury’s board said it was unanimously recommending the bid to shareholders.
The cash-and-stock offer values each Cadbury share at 840 pence, or about $13.72. Shareholders will also be entitled to a 10 pence dividend per share…