Peer to Peer Magazine

84 PEER TO PEER: THE QUARTERLY MAGAZINE OF ILTA | SUMMER 2016 EXTRAS E-Discovery Then and Now by Steven Ashbacher of LexisNexis Litigation Solutions E-Discovery Then and Now The use of technology in early case assessment (ECA) has a relatively short history. At the heart of ECA is the need to understand and deal with very large data sets resulting from the growing volume of electronic evidence in litigation and regulatory investigations and make the right decision for the company or client when it comes to litigation versus selement. Conducting ECA provides a means to assess exposure quickly, reduce costs and beer shape your litigation strategy. A linear review process, with relatively lile use of analytics, is still common, but change is afoot. Take a look at the technology and process shis happening in e-discovery. Then… Now… Key Participants IT, Litigation support Lead aorney or corporate counsel as subject maer experts End Goals • Include every document in existence • Be ready for trial with the underlying assumption that every potentially responsive document must be reviewed and tagged • Provide sufficient evidence to tell the story • Prepare for selement negotiations • Focus on using information already known by case experts to evaluate results of ECA and to separate potentially meaningful content from junk Workflow Linear review practices follow a methodical path. Typical example: • Gather data from custodians and repositories • Process data out of house • Run search terms on the data set to assemble a review set • Review document set (review aorneys) • Review documents deemed important (lead aorneys or case experts) There are fewer steps with effective ECA, and aorneys get case insights and knowledge earlier: • Gather data from custodians and repositories • Process data in-house • View ECA analytics to get the story in the data (lead aorneys and case experts) • Organize data intelligently for a fast review • Review smaller document set (review aorneys) Risk Management When e-discovery is outsourced, some believe the responsibility for storage, spoliation and retrieval belongs with the vendor (not so!) When ECA is done in-house, the organization has greater control and can beer manage risk, reduce e-discovery costs and integrate with information management and governance efforts Tools Technologist-friendly: Tech team or search experts run keyword searches Litigator-friendly: New tools are intuitive for aorneys and non-tech types who get in early and gain quick insight Time and Cost of Review • Longer and more expensive • More documents, more eyes, more hours • As much as 90 percent shorter • Analytics help reduce the set of documents requiring human review

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