Author Archives: Bob Ambrogi

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About Bob Ambrogi

A lawyer and veteran legal journalist, Bob advises Catalyst on strategic communications and marketing matters. He is also a practicing lawyer in Massachusetts and is the former editor-in-chief of The National Law Journal, Lawyers USA and Massachusetts Lawyers Weekly. A fellow of the College of Law Practice Management, he also writes the blog LawSites.

Second Time’s No Charm: Privilege Lost When Party Twice Produces Same Privileged Documents

Everybody makes mistakes, and in e-discovery, a mistake that is sometimes made is the inadvertent production of privileged material. But what should happen when a party inadvertently produces privileged material, realizes its mistake, and then inadvertently produces the exact same material a second time?

This is exactly what happened in a recent case in the U.S. District Court for the Southern District of Ohio. Despite the existence of a clawback agreement, the court ruled that the second time was no charm for the party that made the inadvertent production. By making the same mistake twice, the court held, the party waived its privilege in the materials. Continue reading

Legal Rebels Interview: How John Tredennick Helped Blaze the Trail of Legal Technology

Catalyst_Legal_Rebels_John_TredennickAs a partner at a large, national firm in the late 1980s, John Tredennick saw the importance of legal technology and urged his firm to appoint him to lead the firm’s technology initiatives. They agreed, making him technology partner and possibly the first chief information officer at a large firm.

The litigation technology he helped develop there formed the foundation of the company he later founded, Catalyst, where he is now CEO. Continue reading

What Can TAR Do? In This Case, Eliminate Review of 260,000 Documents

Catalyst_Blog_What_Can_TAR_DoMany legal professionals continue to question whether technology assisted review is right for them. Perhaps you are a corporate counsel wondering whether TAR can actually reduce review costs. Or maybe you are a litigator unsure of whether TAR is suitable for your case.

For anyone still uncertain about TAR, Catalyst is offering the TAR Challenge. Give us an actual case of yours in which you’ve completed a manual review, and we will run a simulation showing you how the review would have gone – and what savings you would have achieved – had you used Insight Predict, Catalyst’s award-winning TAR 2.0 platform. Continue reading

The TAR Challenge: How One Client Could Have Cut Review By More Than 57%

Catalyst_TAR_Challenge_Client_Save_57_PercentHow much can you save using TAR 2.0, the advanced form of technology assisted review used by Catalyst’s Insight Predict? That is a question many of our clients ask, until they try it and see for themselves.

Perhaps you’ve wondered about this. You’ve read articles or web sites talking about TAR’s ability to lower review costs by reducing the numbers of documents requiring review. You might even have read about the even-greater gains in efficiency delivered by second-generation TAR 2.0 platforms that use the continuous active learning protocol. But still you’ve held out, maybe uncertain of the technology or wondering whether it is right for your cases. Continue reading

Ransomware Attack, New Ethics Opinion, Underscore Lawyers’ Duty of Tech Competence

By on . Posted in Ethics

Ransomware_AttackThis week’s ransomware attack against DLA Piper, one of the nation’s largest law firms, provided a harsh reminder of the need for lawyers and law firms to be vigilant about cybersecurity. In DLA Piper’s case, the firm’s security system detected suspicious activity and its IT team acted quickly to isolate the malware, according to a statement, but as of yesterday, the firm was still working to restore full operations.

A ransomware attack against a global law firm is a major intrusion, but it is important to remember that such attacks often begin with a single malicious email and can happen to law firms of any size. Opening a malicious attachment or clicking a malicious link can plant the ransomware virus and allow it to propagate throughout a firm. Continue reading

San Francisco Seminar: Innovation to Control Legal Costs and Ensure Compliance

San_Francisco_SeminarChief 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

Major Texas Supreme Court Opinion Sets Standards for Forms of Production and Proportionality

blog_courthouseThe 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

Our 10 Most Popular TAR-Related Posts of 2017 (so far)

Catalyst_Top_10_TAR_PostsMachine 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

Catalyst’s New Automated Redaction Toolset is Redaction on Steroids

By on . Posted in Insight

Catalyst_RedactionsRedaction 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

Citing TAR Research, Court OKs Production Using Random Sampling

Catalyst_Court_OKs_Production_Using_Random_SamplingCiting 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