Gabe and Ed's Excellent e-Discovery Adventure!

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)…

• Forget “quote of the day,” this may be the quote of the conference.
• This was by far the most interesting review platform that I saw at LegalTech.
• I give credit where credit is due, Bob Ambrogi did scoop me on the Thomson Reuters/SuperLawyers acquisition.
• Here is some more on Westlaw and Lexis.
• Ari Kaplan does a ton of interviews
• Sean Doherty puts in his two cents, so does Monica Bay.
• Niki Black put up her thoughts on UStream, while the folks from RocketMatter filmed their experience on YouTube.
• Guess who is now an “eDiscovelebrity?”
• Tamir Sigal liked the conference buzz.
• The Posse List is also fairly upbeat about things to come.
• Adrian Dayton writes on Gladwell and “infinite intelligence.”
• Superbowl Sunday is here!  There is a party I am going to try to make that is less than 2 miles from my house.  However, after all the snow I feel like I should leave 4 hours early.
• There are actually some really good photos of the storm on The Washington Post website.

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.

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 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

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…

Here are just a sample of press releases/announcements I have received in the last two days:

• Stratify Bolsters eDiscovery Production Capabilities
• H5 Introduces H5 EDGE™ Classifier for Enterprise Information Governance
• Autonomy roll out trio of new products inc iManage conflict manager
• Epiq Systems Expanded Electronic Discovery Segment Finishes 2009 on a Strong Note
• Falcon Discovery Unveils InsideOutTM, an “Insourced” e-Discovery Services Practice

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…

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

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…

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.

Here is the latest “Case in Point” cartoon from the good folks at CaseCentral>