How e-Discovery works in SharePoint 2013

SharePoint 2013 allows you to use eDiscovery and compliance features to manage and recover evidence used in civil litigations, as well as manage the records for your enterprise. Being such a powerful web based platform, you can create various sites (similar to web sites) within the SharePoint environment.

Before deploying SharePoint Server eDiscovery features, an important consideration, however, is to plan the search service application infrastructure for your organization. E-Discovery uses search service applications (SSAs) to crawl SharePoint farms. You can configure SSAs in many ways, but the most common way is to have a central search services farm that crawls multiple SharePoint farms. You can use this one search service to crawl all SharePoint content, or you can use it to crawl specific regions, for example, all SharePoint content in Europe.

The way it works is simple: To crawl a SharePoint farm, search first uses a service application proxy to connect to it. The eDiscovery Center uses the proxy connection to send preservations to SharePoint sites in other SharePoint farms.

Key features and APIs in eDiscovery include:

  • Case Manager, which enables records managers to create and manage enterprise-wide discovery projects, place potentially large amounts and various types of content on hold, and preserve a snapshot of content.
  • Enterprise-wide access, which includes the ability to put content on hold and to search for content from a central location. It also includes the ability to conduct searches, access SharePoint content, and place content on hold in any configured SharePoint location.
  • In-Place Holds, which enables an attorney to preserve a snapshot of content while ensuring that users can continue to make changes without disturbing the state of the content snapshot.
  • Analytics, which enable attorneys, administrators, and records managers to collect and analyze data about eDiscovery activity.

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e-Discovery and | cloud computing
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Predictive Coding In E-Discovery: The Game Of Convenience

Back in 2012, Magistrate Judge Andrew Peck’s decision in Da Silva Moore v. Publicis Groupe & MSL Group, 287 F.R.D. 182 (S.D.N.Y. 2012), officially gave the green signal to start utilizing TAR in e-Discovery. The same Judge recently issued an opinion in Rio Tinto PLC v. Vale S.A., 14 Civ. 3042, 2015 WL 872294 (S.D.N.Y. March 2, 2015), titled “Da Silva Moore Revisited”, and stipulated sharing of “seed sets” between parties.

Importantly, the opinion reiterates that “courts leave it to the parties to decide how best to respond to discovery requests” and that courts are “not normally in the business of dictating to parties the process that they should use”.

Importantly, Judge Peck instructed that requesting parties can utilize other means to help ensure TAR training, even without production of seed sets. For instance, the honorable Judge suggested statistical estimation of recall towards the end of the review to determine potential gaps in the production of documents.

Yet, in cases such as Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391, 2013 WL 6405156 (N.D. Ind. Aug, 21, 2013), for example, the court declined to compel identification of seed set, however, encouraged cooperation between parties.

So, where are we going with TAR?

According to the Grossman-Cormack glossary of technology-assisted review with foreword by John M. Facciola, U.S. Magistrate Judge, seed set is “The initial Training Set provided to the learning Algorithm in an Active Learning process. The Documents in the Seed Set may be selected based on Random Sampling or Judgmental Sampling. Some commentators use the term more restrictively to refer only to Documents chosen using Judgmental Sampling. Other commentators use the term generally to mean any Training Set, including the final Training Set in Iterative Training, or the only Training Set in non-Iterative Training”. The important thing to know about seed sets is that they are how the computer learns. It is critical that a seed set is representative and reflects expert determinations.

With this in mind, in one of my articles back in April 2014 titled “E-Discovery Costs vs. Disseminating Justice – What’s Important?” I concluded that technology must strictly be used as a tool in aid to the due-process of law.

As an attorney, I love a good argument corroborated as well as substantiated by solid precedents. Use of TAR in e-Discovery invariably is becoming a matter of “convenience” between both parties in trying to resolve issues. Well, we have arbitration laws for that matter!

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e-Discovery and | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
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(855) – 833 – 7775
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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


What’s Wrong with Outsourcing? Really?

A company’s existence is directly linked to its profit-making capabilities. This includes employing the most gifted workforce, running optimized operations, having excellent quality controls in place, just to name a few. There is an invisible force, however, constantly acting behind this entire process – the force of ‘laws of economics’ – principles of demand and supply.

The word ‘globalization’ is not a new buzz word anymore. However, its relation to economics is where the dilemma of outsourcing and offshoring lies. Gone are the days when corporations had loyal employees working for them, the technological advancement has disrupted not only how we work but how we think – Yes! We think Google, Facebook, LinkedIn, Twitter, and for the most part have become dependent upon technology.

So, what impact does technology have on driving profits for a company? Look around you – things have changed, human behavior has changed, our thinking process has changed – we have become victims to this unstoppable monster.  As the Greek philosopher, Heraclitus, rightly said “There is nothing permanent except change”. As a result, companies who adapt to the changing environment remain at the forefront, and those who resist potentially may bear the grunt. In any case, the objective remains to make profits for shareholders.

We all are aware of the exponential growth of technological innovations and big data. What should companies do to maximize their profits in this dynamic environment? Outsourcing seems to be the logical solution. The single biggest advantage is reduction in existing costs. Consider a simple scenario related to e-Discovery industry:

“Company A is looking to hire Document Review Attorney for its e-Discovery project. What could possibly be the lowest per hour rate for a first pass review? How does 20 dollars per hour sounds! In today’s economy, believe it or not, you will find qualified, experienced, and certified individuals who would be willing to work. In the US, this rate is certainly peanuts for an attorney, but in India, Pakistan, Philippines, and Bangladesh, for example, 20 dollars per hour would fetch a luxury lifestyle”

With the advent of cloud computing, developing countries now have access to all the latest technologies, learning tools, methodologies, norms, usages etc. Workforce has truly become global and cloud computing is driving costs further down. As buyers influx the marketplace searching for low priced efficient technologies, sellers lower their costs to remain competitive. Consequently, companies may not afford or attract high paid workers. To bridge the gap, various outsourcing models fit the puzzle, providing same services at a drastically reduced price. Companies now have access to equally qualified workforce available in the cloud. To top it off, Ivy League universities now offer Bachelors and Masters level degrees online. So, for example, I could obtain an MBA degree from an Ivy League business school, while residing anywhere in the world, and provide expertise on a project via the cloud.

Having said that, profitability, principles of demand and supply, and cloud computing technologies are factors exerting pressures on US companies to find alternative ways to increase profitability. Microsoft and Amazon provide secure state-of-the-art data storage centers, and with SaaS, PaaS, and IaaS technologies, allowing for data security. A good example is of WordPress – majority of their employees are virtual. Similarly, Microsoft with its launch of Office 365 and allied products is evidently cloud based, and a qualified professional could administer, manage, and support Office 365 from anywhere in the world!

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outsourcing

Outsourcing


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

7 Tips for Implementing E-Discovery Best Practices

E-Discovery best practices begin with making data management as part of daily routine and business operations. Attorneys cannot achieve this objective without the help of IT department, and IT personnel cannot properly maintain data without guidance from attorneys about what should be kept or destroyed. Federal Rules of Civil Procedure related to e-Discovery and keeping up with changing law in the area is a good start, however, knowing and understanding how to put these lessons to practically work in practice is the key to implementing and conducting e-Discovery successfully. Planning ahead plays a pivotal role as it sets the standard for effective relationships between internal and external legal and technical resources. Below are few tips for implementing effective best practices for both inside and outside counsel.

  1. Be proactive and have a formal document retention policy in place with rules for saving and destroying electronic documents.
  2. Increase company-wide awareness of litigation readiness, and train employees to organize documents in an organized manner. Better yet, implement an effective document management solution such as M-Files – which includes e-compliance module.
  3. Effectively cater to big data and effectively implement strategy for later archival, identification, and production in a timely fashion.
  4. Train IT personnel to act as a deposition witness as per rule 30(b)(6).
  5. Preserve potential evidence when necessary while effectively train and involve key legal and IT personnel as soon as litigation is imminent.
  6. Must have adequate knowledge about client’s information systems and operations to effectively define e-Discovery parameters, ensuring smooth functioning with opposing counsel. Try to minimize disruption of clients operations.
  7. When a document request is received, be a partner in the data retrieval process – not just a messenger.

While harmony, effective communication, and smooth functioning between attorneys and IT personnel can prove to be beneficial for the organization, keeping current with latest technology and how it can streamline the e-Discovery process is equally important. After all, the purpose of technology is to act as a tool to handle complex e-Discovery in a speedy and cost efficient manner.

e-Discovery best practices

e-Discovery best practices


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

7 Things E-Discovery Auditors Must Do

U.S. Federal Rules of Civil Procedure (FRCP) require organizations to look at the ability to respond in a legally defensible manner to discovery requests. Moreover, as organizations expand globally, they need to be ready at all times to provide information that could be requested as evidence in a legal proceeding. Internal or external auditors are in the best position to recommend policies and best practices that can prepare organizations to respond to a data discovery request. The auditors must:

  1. Determine the effectiveness of the e-Discovery communication plan

  2. Document the IT environment

  3. Regularly review backup, retention, and data destruction policies

  4. Review compliance with document destruction procedures, when a litigation hold is issued

  5. Document the steps that will be taken to respond to e-discovery requests

  6. During litigation, determine whether employees are preserving the integrity of relevant material

  7. Review existing backup controls, reports, and inventories of media stored off site

Failing to prepare for an e-discovery request can result in sanctions. Organizations need to have a litigation readiness policy and plan in place to effectively deal with lawsuits. Auditors play a pivotal role in managing litigation risks and help organizations take a proactive approach to e-Discovery by recommending strategies that address key data preservation, storage, destruction, and recovery disquiets. Microsoft SharePoint 2013 and M-Files, for instance, offer e-Discovery and content management solutions to cater to these needs.

e-Discovery auditor

e-Discovery auditor


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

Corporate Social Responsibility (CSR) in E-Discovery Industry

Triple Bottom Line

Corporate Social Responsibility (CSR) is a management concept in which companies integrate social and environmental concerns in their business operations and interactions with their stakeholders. The basic definition according to Wiki:

“Corporate social responsibility is a form of corporate self-regulation integrated into a business model. CSR policy functions as a built-in, self-regulating mechanism whereby a business monitors and ensures its active compliance with the spirit of the law, ethical standards, and international norms”

CSR is best incorporated with the ‘Triple Bottom Line’ (TBL) approach, which is essentially an accounting framework incorporating three dimensions of performance: financial, social, and environmental.

Triple Bottom Line

Triple Bottom Line

A triple bottom line measures the company’s economic value, ‘people account’ – which measures the company’s degree of social responsibility and the company’s ‘planet account’ – which measures the company’s environmental responsibility. While CSR indoctrination within the e-Discovery industry may be prevalent, only a handful of companies may actually have developed and adopted CSR.

Adopting to a mindset of a good corporate citizen, at ClayDesk, we have initiated the development of a CSR program with a goal of embedding CSR practices in our business. The foremost area of focus for CSR initiatives are directed towards promotion of legal education, e-Discovery laws, Pro-Bono legal work, sponsor a student, and steps towards a paperless (go-green) environment. These steps will bring about positive change and improve the quality of life of members of the society.

Some of the core CSR issues relate to: environmental management, eco-efficiency, responsible sourcing, stakeholder engagement, labor standards and working conditions, employee and community relations, social equity, gender balance, human rights, good governance, and anti-corruption measures. Denmark, for instance, has CSR Law in place which mandates companies to report their CSR initiatives. Apart from providing charity and sponsorship, CSR concept goes beyond by allowing companies the opportunity to become a socially and ethically responsible corporate citizen.

CSR

ClayDesk’s committment to CSR


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

Why Collect Metrics in the Review Stage?

Dubai

Document review, generally acknowledged as the costliest component of e-discovery also involves the greatest coordination among a number of participants (in-house counsel, the outside law firm, the review platform vendor, and the staffing vendor).  As the collected ESI has been processed and uploaded into the review system, LitSpecialists will start the review.  Documents will be reviewed for their relevancy and coded as to responsiveness or reasons for being withheld entirely or in part from production.  The client and Eagan & Escher are eager to assess the number and content of documents to be produced.  The review is also under a complex schedule and a closely-watched budget.  LitSpecialists will provide progress reports monitoring review rates, to manage expectations and to keep the review team on target, and document statistics, to project the time and cost of production.

The use of metrics in the Review Stage ensures deadlines are met, tracks the cost of the review and helps prepare for production.  But beyond those short-term goals, consistent capture and use of review metrics can establish baselines for projecting timeframes and budgets, as well as preferred review platforms and review team composition.

What Needs to be Measured in the Review Stage?

The metrics for Review are derived from both the review platform and the reviewers.

  • Pre-Review Metrics: Describe the size and composition of the dataset to be reviewed, including foreign languages, image files, media type, and spreadsheets, the size and composition of the review team, and the timeframe of the review;
  • Ongoing Review Metrics: (during a review) Include: the hours worked (billed) by the reviewers; the hours logged on the review platform by the reviewers; average hours worked and logged; number, type and average number of documents/pages coded ; the number/percentage of documents checked for accuracy (QC); the documents unable to be reviewed; any non-viewable documents/pages; error rates; review exceptions; and any system downtime;
  • Post Review Metrics: Describe the aggregate of documents loaded (the original dataset, plus additional files loaded during the course of the review); total hours necessary for the review; average review rates for the team/reviewers; total documents/pages reviewed; totals of categories (e.g., Responsive, Non-Responsive, Privileged, Confidential, Further Review, Not Viewable); total downtime.

Source: EDRM

ClayDesk adopts strict quality controls procedures while fully adopting the guidelines, rules, and procedures. Our goal is to bring review costs to a minimum without compromising on quality – making outsourcing simple! Contact us at info@claydesk.com or call us at (855)-833-7775 for your next offshore we based review by our US licensed attorneys and LLM’s.

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e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
info@claydesk.com       www.claydesk.com