Tax Court Approves Predictive Coding for First-Pass Document Review

Invariably, the logical answer to coping up with Big Data with regards to eDiscovery is Predictive Coding. While definitions of predictive coding vary, but a common form includes uploading electronic documents to a server followed by taking representative samples, and ‘Seed Sets’ are created by attorneys who are familiar with the legal issues of the case. Attorneys, then, review the seed sets and code each document for responsiveness or other attributes, such as privilege or confidentiality. Utilizing a re-iterative approach, predictive coding software is tweaked and adjusted regarding how the computer will analyze future documents.

Recently, a U.S. Tax Court gave permission to use predictive coding in Dynamo Holdings, Ltd. vs. Commissioner, 143 T.C. No. 9 (September, 17, 2014) case, whereby permitting a taxpayer to use predictive coding as a first-pass review of a large set of documents, despite the. Apparently, the big idea is to reduce costs. While respondents in this case asserted predictive coding to be an ‘unproven technology’, the court completely disagreed justifying this by citing several precedents along with an expert testimony. Predictive coding contains two important elements known as ‘Recall’ and ‘Precision’ – I have detailed these concepts in my earlier post.  Inspite of this, the court’s opinion is important for taxpayers faced with requests for a substantial amount of ESI, and has the potential to reduce costs that may easily run into millions of dollars.

This reaffirms one thing for sure – IT, which was once considered a necessary evil, is now evolving to form a symbiotic relationship with the legal industry, and with other industries alike. Manual document review is certainly going to be obsolete in the near future – if not already! Analytics, predictive coding, machine learning products and technologies providing us with business intelligence (BI) to make informed decisions. For example, Microsoft’s newest products such as Delve, along with host of BI tools provide meanings to your data, while SharePoint e-Discovery center adheres to the regulatory compliance and standards. With this said, predictive coding technology is essentially replacing manual work, and tech savvy attorneys seem to have a ball with one!

The important aspect in this regard lies with determining the optimal values for ‘recall’ and ‘precision’ within the predictive coding software!

e-Discovery and | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043


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The Power Of Cloud Computing: Multi-Tenant Database Architecture

Software as a Service (SaaS) denotes a novel and innovative paradigm, and the fact that companies do not have to purchase and maintain their own Information Technology (ICT) infrastructure; instead services from third party are acquired. Multi-tenancy permits SaaS providers to provide similar service to various customers (tenants), which share physical and/or virtual resources transparently.

Multi-tenancy database architecture essentially forms a design in which a single instance of the software is run on the service provider’s infrastructure, and multiple tenants access the same instance. Simply put “A multi-tenant application lets customers (tenants) share the same hardware resources, by offering them one shared application and database instance, while allowing them to configure the application to fit their needs as if it runs on a dedicated environment”. One of the most conspicuous features of Multi-tenant architecture is that allows for consolidating multiple businesses onto the same operational platform or system. Multi-tenancy invariably takes place at the database layer of a service. As an analogy, think of a rental apartment building with numerous tenants, each having its own requirement of storage, space, and utilities.

Easier application deployment for service providers, improved rate of hardware utilization, and reduction in overall costs especially for SMEs are core benefits of Multi-tenant model. In traditional single-tenant software development, tenants usually have their own virtual server. This set-up is similar to the traditional Application Service Provider (ASP) model. However, in the SME segment, for instance, server utilization in such a model is low. By placing several tenants on the same server, the server utilization can be improved.

There different kinds of Multi-tenant models that exist in database applications today are as follows:

1.   Separate application, separate database, and infrastructure (Isolated Tenancy)

2.   Separate application, separate database, shared infrastructure (Infrastructure Tenancy)

3.   Shared application separate database, shared infrastructure (Application Tenancy)

4.   Shared application, shared database, shared infrastructure (Shared Tenancy)

The figure below illustrates a high level architecture of Multi-tenancy. Multi-tenant approaches as a continuum paradigm. The far left (Isolated Tenancy) depicts each tenant with its own application instance running and as we move further towards the right, sharing of tenancy increases, ultimately reaching the far right side (Shared Tenancy)

multi-tenancy-application-architecture

Multi-tenancy application architecture


e-Discovery and | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043


4 Ways SharePoint 2013 e-Discovery center can keep you ‘Litigation Ready’

The biggest cost driver in e-discovery is document review.  Law firms and corporations are actively seeking ‘ways’ to curtail costs without compromising on quality. Predictive coding technologies, outsourcing, offshoring, dual-shoring, insourcing, and other methods are all the ‘ways’ that can be utilized in order to meet desired objective – bring costs down!

How many of us truly think about being ‘litigation ready’ or being prepared for future litigation? Having a proactive approach is sometimes difficult, especially when costs are key a concern, however, it may actually result in being cost effective in the longer run. Microsoft SharePoint e-Discovery module is essentially the proactive part of maintaining litigation readiness. According to Microsoft:

“Typically, e-Discovery requires searching for documents, websites, and email messages spread across laptops, email servers, file servers, and other sources, and collecting and acting on content that meets the criteria for a legal case. In SharePoint Server 2010, Microsoft added the Hold and e-Discovery feature, which made it possible to place a hold on any site in SharePoint. A records manager could put documents, pages, and list items on hold, which prevented users from deleting or editing them. Exchange 2010 introduced a way to place legal holds on mailboxes, conduct searches across multiple mailboxes, and use a Windows PowerShell cmdlet to export mailboxes.”

E-Discovery in SharePoint 2013 includes new ways to reduce the cost and complexity of discovery. These include:

  • The e-Discovery Center, a central SharePoint site used to manage preservation, search, and export of content stored in Exchange and SharePoint across SharePoint farms and Exchange servers.
  • SharePoint In-Place Hold, which preserves entire SharePoint sites. In-Place Hold protects all documents, pages, and list items within the site but allows users to continue to edit and delete preserved content.
  • Exchange In-Place Hold, which preserves Exchange mailboxes. In-Place Hold protects all mailbox content through the same UI and APIs used to preserve SharePoint sites.
  • Query-based preservation allows users to apply query filters to one or more Exchange mailboxes and SharePoint sites and restrict the content that is held.


e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043

SharePoint 2013 e-Discovery

SharePoint 2013

Managed Review vs. Staffing Model

There are two standing industry models for outsourcing e-discovery document review projects – the managed review and the staffing model. While selecting a review solution – either staffing of managed, the solution should reflect an approach suffused in an understanding of applied best practices. Having said that, the following sets forth a minimal, standardized, framework which can and should be adapted to meet the needs of specific cases.

Project management

· Ensure a project plan is specifically designed and crafted to the specifications and requirements of counsel

· consistent with best practices

· Deliver a key set of documents or review protocol that govern the execution and project

· management of the review process along with workflow design

Team selection and training

· Staff personnel with expertise in specific area of laws relating to project. Develop specific job descriptions and define a detailed protocol for recruiting, testing, and selection

· Ensure conducive environment as well as conduct reference and background checks

· Preferably engage experienced personnel

· Ensure the review team receives comprehensive substantive and platform training

Workflow

· Design processes, assignments and quality assurance steps specifically tailored to the project’s requirements

· Demonstrate compliance with key security and quality standards while maintaining acceptable pace

Quality control

· Adhere to six sigma principles

· Develop effective quality control processes to achieve key project goals

· Test first review work product using sampling method, targeted re-review, and validations searches

· Conduct statistics to ensure the highest quality end result

· Maintain auditing and track performance of reviewers

Communication

· Develop a formal schedule of communications with counsel adhering to laid down schedules

· Calibrate initial review results, seeking counsel’s guidance to confirm or correct results and to conform review protocol and training materials to insights gained

Reporting

· Deliver regular, comprehensive reports to monitor progress and quality and to assist counsel in managing the review process

Productions and Privilege Logs

· Prepare privilege logs in accordance with specifications set by counsel

e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043

managed-review

ClayDesk

ClayDesk

ClayDesk provides e-Discovery and cloud computing services worldwide.As a Microsoft Cloud Partner, our certified team can deliver innovative and cost effective solutions. We also provide complete document management services.

Visit us at www.claydesk.com