Chief legal officers have a mandate to reduce costs and manage compliance. But how do they do that in the context of litigation and e-discovery?
On Wednesday, June 28, in San Francisco, Bloomberg Law Big Law Business and Catalyst will present a live program, Successful Legal Department Management: Innovation to Control Litigation Costs and Ensure Compliance.
Designed for general counsel, corporate counsel and leaders of corporate legal departments, this program will discuss strategies and technologies for a successful litigation department. Continue reading
The Texas Supreme Court issued a major e-discovery opinion this week, using a discovery dispute between homeowners and their insurer State Farm Lloyds to provide broad guidance for Texas litigants and judges on how to resolve disagreements over the form of production of electronically stored information.
The court did not decide the appropriate form of production in this case, choosing instead to send the case back to the trial court for the parties to reargue the issue with the “benefit of the guidance we seek to provide today.” However, it used the occasion to emphasize that proportionality is the key determinant and it laid out factors for courts to consider in balancing litigants’ competing interests on a case-by-case basis. Continue reading
Machine learning is an area of artificial intelligence that enables computers to self-learn, without explicit programming. In e-discovery, machine-learning technologies such as technology assisted review (TAR) are helping legal teams dramatically speed document review and thereby reduce its cost. TAR learns which documents are most likely relevant and feeds those first to reviewers, typically eliminating the need to review from 50 to 90 percent of a collection.
Lawyers are getting it, as evidenced by their expanding use of TAR. At Catalyst, 50 percent of matters now routinely use TAR—and none have been challenged in court. Continue reading
For some time now, critics of technology assisted review have opposed using general recall as a measure of its effectiveness. Overall recall, they argue, does not account for the fact that general responsiveness covers an array of more-specific issues. And the documents relating to each of those issues exist within the collection in different numbers that could represent a wide range of levels of prevalence.
Since general recall measures effectiveness across the entire collection, the critics’ concern is that you will find a lot of documents from the larger groups and only a few from the smaller groups, yet overall recall may still be very high. Using overall recall as a measure of effectiveness can theoretically mask a disproportionate and selective review and production. In other words, you may find a lot of documents about several underlying issues, but you might find very few about others. Continue reading
Redaction is a necessary evil of e-discovery review. While essential to protecting privileged and confidential information, it can be cumbersome and time-consuming to go through a document and draw black boxes over individual words and phrases.
That’s why a new feature in Catalyst Insight should be welcome news to document reviewers everywhere. Called Automated Redaction, it is a major enhancement of Catalyst Insight’s redaction tool, enabling users to make redactions with documents more easily, quickly make multiple redactions, and better QC redactions after they’re made. Continue reading
Since 2011, I have been sampling our document repository and reporting about file sizes in my “How Many Docs in a Gigabyte” series of posts here. I started writing about the subject because we were seeing a large discrepancy between the number of files per gigabyte we stored and the number considered to be standard by our industry colleagues. Indeed, in 2011, I reported that we were finding far fewer documents per GB (2,500) than was generally thought to be the industry norm, which ranged from 5,000 to 15,000. Continue reading
Citing research on the efficacy of technology assisted review over human review, a federal court has approved a party’s request to respond to discovery using random sampling.
Despite a tight discovery timeline in the case, the plaintiff had sought to compel the defendant hospital to manually review nearly 16,000 patient records. Continue reading
We hear regularly from our corporate clients of their desire to get a better handle on e-discovery costs. In January, when we launched Insight Enterprise, we truly believed we had developed the product to help them do that, and we wanted to help our clients and potential clients better understand how it did that.
So, to that end, we kicked off a 12-week series of posts here intended to provide a deeper understanding of Insight Enterprise’s features and of their benefits to corporate legal departments. Our plan was to focus in each week on a particular aspect of Insight Enterprise and explore it in more depth. Continue reading
Do you know where in the world your company’s next legal matter will arise?
The possibilities are more far-reaching and less predictable than ever before, as businesses expand their operations and markets throughout the globe. Amid a complex international legal and regulatory environment, businesses can face lawsuits in any number of forums and are subject to investigations by any number of government entities. Whether involving trade regulation, anti-corruption laws or licensing deals, that next legal matter could come from anywhere. Continue reading
Jeremy Pickens, chief scientist at Catalyst and a pioneer in the field of collaborative exploratory search, will be the featured speaker tomorrow at the Rochester Institute of Technology’s B. Thomas Golisano College of Computing and Information Sciences in Rochester, N.Y.
His talk, “Challenges and Opportunities in eDiscovery and Information Governance: Not Everything is Big Data,” will focus on the problems and opportunities with law and the collection of massive amounts of data. Presented as part of the Dean’s Lecture Series, the talk is noon to 1 p.m. and open to the public. Continue reading