Category Archives: Uncategorized

OpenText Buys Catalyst Repository Systems, Inc.

Mark J. Barrenechea, OpenText Vice Chair, Chief Executive Officer and Chief Technology Officer, talks about the acquisition of Catalyst and how the combined set of solutions will help help corporate legal departments and law firms seize the opportunities of automation, digital transformation, AI and machine learning (ML).

“AI, analytics and ML are disrupting traditional approaches, empowering corporations to take better control of their eDiscovery processes and costs and law firms to provide superior, differentiated services for their customers,” says Barrenechea. “With legal solutions available as hosted (SaaS) or managed services, OpenText is uniquely positioned to help corporations take advantage of market disruption. We will continue to invest in eDiscovery processes, analytics, AI, cloud and managed services to improve effectiveness, deliver insights and maximize existing technology investments for our customers.”

Read the OpentText blog post.

Hon. Paul Grimm and Kevin Brady of Redgrave Outline Admissibility of Digital Evidence

“Objection, foundation.”

To any seasoned trial attorney, the foundation objection shouldn’t trip up anyone. Akin to blocking and tackling in football, laying foundation for admission of evidence is almost taken for granted. But ask that same trial lawyer (only after a few adult beverages) if he or she has ever been tripped up on a foundation objection, many, if not most, will say they have. Heck, it happened to me on a couple of occasions when I was trying cases. Continue reading

How Good is That Keyword Search? Maybe Not As Good As You Think

Despite advances in machine learning over the past half-decade, many lawyers still use keyword search as their primary tool to find relevant documents. Most e-discovery protocols are built around reaching agreement on keywords but few require testing to see whether the keywords are missing large numbers of relevant documents. Rather, many seem to believe that if they frame the keywords broadly enough they will find most of the relevant documents, even if the team is forced to review a lot of irrelevant ones. Continue reading

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

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

Does Recall Measure TAR’s Effectiveness Across All Issues? We Put It To The Test

Does_Recall_Measure_TARs_EffectivenessFor 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

How Many Documents in a Gigabyte? Our Latest Analysis Shows A Shifting Pattern

Catalyst_How_Many_Docs_2017Since 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

Catalyst’s Chief Scientist is Featured Lecturer at Rochester Institute of Technology

Jeremey Pickens

Jeremey Pickens

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