Peer to Peer Magazine

June 2012

The quarterly publication of the International Legal Technology Association

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Page 23 of 135

Analytics Driving the E-Discovery Process name................................ Ajith (AJ) Samuel company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exterro, Inc. website ............................ The most surprising advancement in legal technology has been the extent to which analytics are driving more and more stages of the e-discovery process, well before electronically stored information (ESI) is even collected. Beyond legal technology, we're seeing a general movement toward smarter, more innovative ways of aggregating data. Facebook's new timeline format is an excellent example of how large amounts of data can be captured, analyzed and presented to users in a meaningful way. E-discovery technology reflects a similar trend. Technology today allows legal teams to make immediate, informed decisions about the costs, risks and scope of each case. Through the use of advanced analytics, legal teams can take both a telescopic and microscopic view of data. The more robust software platforms enable legal teams to identify and analyze potentially relevant ESI directly at the source (e.g., SharePoint servers, archiving systems, network shares, desktops, laptops, etc.). This early case assessment (ECA) process enables legal teams to make much faster decisions on how ESI should be collected, processed and preserved. It also provides early insights into the case details, such as time frames, potential data volumes, relevant search terms and data ranges, which can be extremely valuable when it comes to deciding how to proceed in a given case, negotiating proportionate discovery parameters with opposing counsel and targeting the truly relevant custodians and data sources. Besides equipping corporations with greater automation and visibility into the e-discovery process, the advancement in analytics is prompting legal teams to ask new questions about their data and helping to drive much smarter case strategies. One of the biggest advancements for both corporations and law firms to watch is the movement toward integrated e-discovery platforms. E-discovery has historically been managed by disparate systems that require manual, error- prone process handoffs, offering limited visibility from one task to another. We are beginning to see a major shift toward organizations wanting a more unified, central-command-center approach to managing the e-discovery process. And e-discovery platforms are answering the call at a rapid rate. The most advanced systems now allow organizations to leverage their existing IT and e-discovery investments and integrate them with the new e-discovery platforms. Rather than continually transferring data and information between isolated systems, or being surprised by unaudited collections or spiraling review costs, legal teams are receiving complete visibility into the process from a central interface. And, as we move closer to 2020, the ability to interact with just one system for everything from issuing legal holds to conducting full-scale review will continue to grow. This much-needed and demanded advancement will continue to make it easier for legal and IT teams to quickly locate and collect all responsive information — regardless of the source — and ensure seamless access to ESI by all required parties — inside and outside the organization — in a far more efficient and defensible manner. Bring Your Own Device (BYOD) and the Rise of Tablet Computing name....Orlando Scott-Cowley company .......... Mimecast website Bring your own device (BYOD) and the rise of tablet computing has been a big surprise over the past two years, mostly because it's driven through the consumerization of IT. The days when the CIO and IT department determined which devices could be brought into the enterprise have clearly ended as users at all levels demand access to corporate services through a wide variety of platforms. Consumer IT has overtaken the procurement of corporate IT devices and, as users buy devices for their personal use, they expect their corporate resources to be accessible from the same devices. The IT department could not have expected they'd be tasked with finding out how to make a partner's iPad work with the e-billing system, but they've had to learn, and fast. As we head into the year 2020, this consumerization — especially within the legal community — will get stronger, and the lines between corporate resources and consumer resources will be very blurred. This will require strong, integrated security and access controls. Users' devices will be far more powerful and have access to much more bandwidth than ever before, so the old model of being chained to a desk from nine to five will no longer be relevant. Users will be truly mobile, and corporate IT will have to provide services to meet that demand. Peer to Peer 25

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