Savvy Litigator Winter 2009
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The Savvy Litigator Technology Lessons from the Experts Winter 2009 Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com New Rules of Civil Procedure In Virginia On October 1, 2008, the Supreme Court of Virginia adopted amendments to Virginia’s Rules of Civil Procedure. The new rules address the discovery of electronically stored information. The rules became effective as of January 1, 2009. The amendments affect: • Rule 4:1, General Provisions Governing Discovery • Rule 4:4, Stipulations Regarding Discovery • Rule 4:8, Interrogatories to Parties • Rule 4:9, Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land for Inspection and Other Purposes; Production at Trial • Rule 4:9A, Production from Non-Parties of Documents, Electronically Stored Information, and Things and Entry on Land for Inspection and Other Purposes; Production at Trial • Rule 4:13, Pretrial Procedure; Formulating Issues The order approving the amendments my be view here: http://www.courts.state.va.us/scv/amendments/2008_1031_4_1_rule.pdf Cost of eDiscovery The ability to proactively identify costs associated with discovery requests and to identify potential ROI have become decisive factors in determining how to or even “ if to proceed with litigation. Early Case Assessment models can provide critical insight for developing case budgets and strategies. These evolving technologies add efficiency, speed, accuracy and the ability to do more with less. Technology in the form of Software as a Service (SaaS) will continue to drive a shift in the eDiscovery cost paradigm. Charles Skamser writes in http://ediscoveryconsulting.blogspot. com/2008/09/cost-of-ediscovery.html: “As we approach the two(2) year anniversary of the December 2006 changes to the Federal Rules of Civil Procedure (FRCP), it has been interesting and somewhat educational to follow the tremendous confusion and the dramatic changes in the cost of processing Electronically Stored Information (ESI). As I have been claiming, the changes to the FRCP and the subsequent requirements to utilize new technology to meet these changes, is a classical example of a market paradigm shift causing chaos and therefore the opportunity for the free market system to run wild. And, as George Socha and Tom Gelbmann report in the 2008 Socha- Gelbmann Survey, commercial expenditures on Electronic Data Discovery (EDD) topped $2.7 billion in 2007 , up 43 percent from 2006, and that they predict that they will grow by 21 percent, 20 percent and 15 percent in 2008, 2009 and 2010 which equates to a $4.5 billion market at the end of 2010. As a point of comparison, Gartner Says “Worldwide IT Spending On Pace to Surpass $3.4 Trillion in 2008”. ….ESI reduction through culling and de-dupe is essential to reduce the amount of data that has to be hosted and reviewed along with reducing the cost of actual document review is the key to reducing the overall cost of EDD processing.” Stephen Ludlow writes in http://www.opentext.com/blogs/ecm_ briefs/2008/12/get_a_handle_on_electronically.html: “….This has caused forward-looking organizations to examine their records management and content management policies and capabilities to determine if they can be used to defensibly reduce the cost and risk associated with eDiscovery. They have determined that end-users will have greater responsibility for correctly identifying and dealing with records in their earliest stages of creation. In order to not create a drag on productivity, companies are looking to solutions that allow for the transparent application of records management classification on content as part of the way that end-users already work. Additionally, with a myriad of content creating applications available, companies look for integrations to a common library where content can be stored, classified, searched and disposed of in a consistent manner. While application of good records management policies will significantly reduce the cost of eDiscovery in the long term, many companies are burdened with the high cost of eDiscovery now and are likely to see increases in the coming years. Reducing the cost of eDiscovery is a top priority in the current economic environment….” Contact Superior for information on how we can help you keep costs in line with your budget without sacrificing solutions or service. New Year, New Business Partners Compiled Services has recently released new software called ReadyConvert. ReadyConvert can be used to quickly and accurately verify your product deliverables. ReadyConvert has the following features: • Convert load files from one format to another, including EDRM XML • Extract metadata from load files • Verify load file integrity, ensuring referenced files exist • Generate load files from single or multi page image folders • View images, thumbnails and metadata side-by-side • Generate cross reference reports with custom fields • Filter load files using custom search criteria • Batch update or find/replace on metadata fields Currently, ReadyConvert is available as a free download at www.compiled services.com.
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Transcript of Savvy Litigator Winter 2009
The Savvy Litigator Technology Lessons from the Experts Winter 2009
Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com
New Rules of Civil Procedure In VirginiaOn October 1, 2008, the Supreme Court of Virginia adopted amendments to Virginia’s Rules of Civil Procedure. The new rules address the discovery of electronically stored information. The rules became effective as of January 1, 2009. The amendments affect:
• Rule 4:1, General Provisions Governing Discovery• Rule 4:4, Stipulations Regarding Discovery• Rule 4:8, Interrogatories to Parties• Rule 4:9, Production by Parties of Documents, Electronically Stored Information, and Things; Entry on Land for Inspection and Other Purposes; Production at Trial • Rule 4:9A, Production from Non-Parties of Documents, Electronically Stored Information, and Things and Entry on Land for Inspection and Other Purposes; Production at Trial• Rule 4:13, Pretrial Procedure; Formulating Issues
The order approving the amendments my be view here:http://www.courts.state.va.us/scv/amendments/2008_1031_4_1_rule.pdf
Cost of eDiscoveryThe ability to proactively identify costs associated with discovery requests and to identify potential ROI have become decisive factors in determining how to or even “ if to proceed with litigation. Early Case Assessment models can provide critical insight for developing case budgets and strategies. These evolving technologies add efficiency, speed, accuracy and the ability to do more with less. Technology in the form of Software as a Service (SaaS) will continue to drive a shift in the eDiscovery cost paradigm.
Charles Skamser writes in http://ediscoveryconsulting.blogspot.com/2008/09/cost-of-ediscovery.html:
“As we approach the two(2) year anniversary of the December 2006 changes to the Federal Rules of Civil Procedure (FRCP), it has been interesting and somewhat educational to follow the tremendous confusion and the dramatic changes in the cost of processing Electronically Stored Information (ESI). As I have been claiming, the changes to the FRCP and the subsequent requirements to utilize new technology to meet these changes, is a classical example of a market paradigm shift causing chaos and therefore the opportunity for the free market system to run wild. And, as George Socha and Tom Gelbmann report in the 2008 Socha-Gelbmann Survey, commercial expenditures on Electronic Data Discovery (EDD) topped $2.7 billion in 2007 , up 43 percent from 2006, and that they predict that they will grow by 21 percent, 20 percent and 15 percent in 2008, 2009 and 2010 which equates to a $4.5 billion market at the end of 2010. As a point of comparison, Gartner Says “Worldwide IT Spending On Pace to Surpass $3.4 Trillion in 2008”.
….ESI reduction through culling and de-dupe is essential to reduce the amount of data that has to be hosted and reviewed along with reducing the cost of actual document review is the key to reducing the overall cost of EDD processing.”
Stephen Ludlow writes in http://www.opentext.com/blogs/ecm_briefs/2008/12/get_a_handle_on_electronically.html:
“….This has caused forward-looking organizations to examine their records management and content management policies and capabilities to determine if they can be used to defensibly reduce the cost and risk associated with eDiscovery. They have determined that end-users will have greater responsibility for correctly identifying and dealing with records in their earliest stages of creation. In order to not create a drag on productivity, companies are looking to solutions that allow for the transparent application of records management classification on content as part of the way that end-users already work. Additionally, with a myriad of content creating applications available, companies look for integrations to a common library where content can be stored, classified, searched and disposed of in a consistent manner.
While application of good records management policies will significantly reduce the cost of eDiscovery in the long term, many companies are burdened with the high cost of eDiscovery now and are likely to see increases in the coming years. Reducing the cost of eDiscovery is a top priority in the current economic environment….”
Contact Superior for information on how we can help you keep costs in line with your budget without sacrificing solutions or service.
New Year, New Business PartnersCompiled Services has recently released new software called ReadyConvert. ReadyConvert can be used to quickly and accurately verify your product deliverables. ReadyConvert has the following features:
• Convert load files from one format to another, including EDRM XML• Extract metadata from load files• Verify load file integrity, ensuring referenced files exist • Generate load files from single or multi page image folders • View images, thumbnails and metadata side-by-side • Generate cross reference reports with custom fields• Filter load files using custom search criteria• Batch update or find/replace on metadata fields
Currently, ReadyConvert is available as a free download at www.compiled services.com.
The Savvy Litigator Technology Lessons from the Experts Winter 2009
Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com
Wading Through the Sea of eDocsThe most common challenge facing litigants is how to effectively and efficiently identify potentially responsive documents with accuracy. No longer is just as simple as skimming across 10 boxes of paper docs containing 25,000 sheets in less than 8 hours. Today, litigants need to review 10 gigiabytes of eDocs which is the equivalent to thousands of electronic files. That equates to more than 650,000 sheets of paper. How does one survive this task with imminent deadlines approaching. It would take more than 208 hours to manually review (8 days for 2 case clerks to sift through just to pass up the chain for 2nd and 3rd reviews). Shall I discuss the process of identifying privilege and removing non-responsive…too much typing for this writer.
Search and Retrieval technology has provided the means for litigants to identify relevant data with a sense of accuracy and confidence. Keyword searching is the most common format used to cull data in an effort to narrow the scope of documents deemed relevant for review. Keywords are created and agreed upon by all parties based on the scope of the case as well as intelligence gained during meet and confer conferences.
Conceptual searching provides litigants with the ability to use taxonomies to create categories of documents based on terms of similar meaning based on documents identified as relevant from keyword search results. Conceptual searching is designed to further narrow the scope with potentially relevant document strings based on content and other like factors. Concept searching is gaining popularity in eDiscovery review protocols, for when used properly, the identification of “Hot Docs” becomes less of a burden.
Using the proper search and retrieval solution is critical to wading through the sea of eDocs as it relates to time and money. To learn more contact Superior.
Women In Richmond Heard RoaringWomen!! Richmond is now part of an incredible international group called Women in eDiscovery, WiE! This organization has over 2000 members and has chapters in 28 cities. The purpose of WiE is to bring together businesswomen interested in technology related to the legal industry and to provide opportunities for them to grow professionally through leadership, education and networking support. To date, we have held two hugely successful boxed lunch meetings with over 40 participants each time. At our last meeting, our guest speaker was Shawnna Childress, one of the three co-founders of WiE and a national consultant for Navigant Consulting. She flew in from Orlando to speak on “Reining is eDiscovery Costs”. She shared a wealth of information from her experiences on panels at eDiscovery conferences and with Laura Zubulake. For instance did you know that Laura Zubulake personally managed the documents (hundreds of thousands) by using the “technology” available to her at that time - an excel database?
http://www.ediscoveryinfo.com/2008/10/16/masters-laura-zubulake/
Please come join this dynamic group. Our next meeting is tentatively scheduled for Tuesday, February 10th at 12:15 and will be held at the LeClair Ryan Riverfront Office. We will be accepting nominations for the Chapter Board Positions at this meeting. For more information or to register for this group contact Paige Sheffield or Renee Covington at [email protected]
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