In today’s fast paced world, we’ve left email and certainly the ancient telephone behind in the dust and rely on texts for rapid fire communicating. With just a few taps, we can touch base with anyone in the world and most likely; the recipient gets the message instantly since their device is in their pocket or nearby. No wonder this new method has become the choice of so many when wanting to “talk.”
Now, in the event of potential litigation, we need to capture all those fast flying texts and put them in an order that makes sense to someone reading it and absorbing it in context. Ideally, to get the genuine feel of the text conversation, you want to see it as it appeared on the smart phone screen – WYSIWYG, complete with emoticons and time stamps.
We use texts for business and personal with equal ease and we’re using the same device for both. This continually blurs the lines between work and play causing us to be more casual or flippant in our responses.
Technology is catching up so don’t think that off-color joke or gossip won’t get traced back to you and trip you up. We’ve seen the same traceable fingerprints all over social media sites too. And yes, we can save and document that too.
We love the challenge that technology brings us and this whole world of communicating will surely continue to evolve. We not only capture the words, images, sounds, but the context and look of the message.
Now – it’ll be fun to discover what challenge pops up next for ediscovery. Maybe preserving and processing smell? I’d love a good investigative case in a bakery! Or in a forest after it rains, or…OK. I digress.
My main point is that Digital WarRoom is ahead of this ever changing environment, making, collecting, and parsing text threads and social media into reviewable documents. You will lovethis!
Potato, potahto, tomato, tomahto.
Fred Astaire and Ginger Rogers, as part of a dance duet on roller-skates, introduced the song, “Let’s Call the Whole Thing off,” which pokes fun at different pronunciations. This reminded me of “TAR” (Technology Assisted Review) and “CAR” (Computer Assisted Review) , and even “Gist.”– We can call it any thing we like or pronounce it any way we want but here we are together – moving forward with the use of predictive coding. And we can’t call the whole thing off.
As if we are on roller skates ourselves, we are rolling forward with litigation matters and the courts and attorneys are dancing around these main questions:
• Is technology-assisted review as effective as traditional human review in identifying relevant information?
Studies and experience suggest that proper technology, deployed using appropriate protocols, can be as effective if not more effective at a fraction of the cost
• Is permission to use technology-assisted review the end of the debate?
The answer is no. In fact, it is likely just the start. As Judge James Chamblin wrote in the Global Aerospace order allowing the use of predictive coding: “This is without prejudice to a receiving party raising with the court an issue as to completeness or the contents of the production or the ongoing use of predictive coding.”
In the meantime, it is clear that while courts are open to TAR, we will see judges getting involved when parties cannot agree on the use and limits of TAR. Even in cases where it is permitted, expect that an opposing party may challenge the process and the results.
And then there’s us at DWR. We call our TAR technology “Gist.” Why Gist?
“Gist is the main point of a question; the point on which the action rests; the pith of a matter; as, a gist of a question. [Hoffman v. Knight, 127 Ala. 149, 156 (Ala. 1899)]. We liked the sound of that.
The most important aspect of Gist Assisted Review is that you are not alone or on the ‘bleeding edge.’ The consulting team at Digital WarRoom is available at any point in the process to help guide and explain the process and complete the ediscovery matter.
In other words, we’ll hold your hand if you are unsure on your roller skates and keep you confidently rolling forward.
Digital WarRoom is pleased to announce that the prestigious TL NewsWire Top 10 Products of 2014 Awards recognized its ediscovery solution at number five. Additionally, respondents of the International Legal Technology Association’s (ITLA) 2014 Technology Survey acknowledged Digital WarRoom as their choice for litigation
“Achieving such a high rank from TechnoLawyer readers and recognition from industry leaders in the ITLA Technology Survey reflects the amazing ride Digital WarRoom has been on over the last year,” said Bill Gallivan, president of Digital WarRoom. “Industry recognition like this confirms that Digital WarRoom offers highly viable ediscovery solutions and is fulfilling a need in the legal community for easy-to-use and cost-effective solutions for legal matters of all sizes.”
TechnoLawyer reported on nearly 200 new products in TL NewsWire for 2014. When reader’s clicked to visit a product's website they also voted for that product. In the same vein, the ITLA 2014 Technology Survey reports on the input of 454 law firms. Who better to judge what's hot and what's not than lawyers and law firm administrators?
About Digital WarRoom
Digital WarRoom, the leading ediscovery platform to provide law firms, corporate legal and ediscovery teams with complete ESI processing, document review and production in a single application. Digital WarRoom is a team of enterprise software designers and legal experts who are innovating the process of managing big data by creating easy and cost effective solutions for legal teams that are highly defensible, efficient, and provide a high degree of confidence for litigation matters. To learn more about Digital WarRoom visit www.digitalwarroom.com.
Rachel Weikum Julie Dunn
Earlier this month our Digital WarRoom team attended the annual LegalTech New York (LTNY) conference and we saw a clear trend of do-it-yourself ediscovery and attorneys’ big appetite for faster and easier tools to manage the huge amounts of data and growing number of documents in ediscovery.
For those already doing ediscovery themselves, improved tools and platforms mean even more ease of use and lower costs. Many of these innovations are a result of the power of the cloud. It is transforming the ediscovery landscape and allowing flexibility, power and capacity on demand – allowing you to adjust as you need for varying caseloads.
This levels the playing field since smaller organizations and law firms may no longer be at a disadvantage due to the expense and capital outlay needed for large ediscovery platforms.
With the cloud infrastructure reducing the costs and upfront capital investments, others can access the tools necessary for managing ediscovery just like the big boys.
David Houlihan, Esq., a respected researcher and advisor at Blue Hill Research, says it best in one of his blogs. Check it out here. http://bluehillresearch.com/legaltech-new-york-2015-expectations-4-of-5-self-service-ediscovery/
We couldn’t have said it better ourselves!
Explaining Ediscovery to friends at a Super Bowl Party
Can you imagine the scrutiny the NFL legal teams are under for collecting the evidence for under-inflated footballs used in the Patriot’s last game?
Where to start? Who knew what and when did they know it? Was a crime even committed?
As with any case, we start with a legal hold so that potentially relevant information can be preserved and not spoiled. The challenges of capturing and processing enormous amounts of data could be overwhelming, but at least with recent technological advances in ediscovery practices, we can have a good strategy and execute defensible plays to win the game (I mean legal case, of course).
Referees, arbitrators and judges need observable facts before they can throw a yellow flag. Ediscovery isolates and draws attention to the relevant facts.
We now have the ability to identify suspected conspirators, collect and put together their text threads, capture social media activity and, of course, any documents or emails that could lead back to a responsible party. And don’t forget about capturing voicemail and video files.
So, say you end up with thousands or millions of documents and video clips, but you know that the majority may be irrelevant or with people not directly involved in the controversy. You’d need to sort through and find particular people in particular organizations and find who talked to whom, if they discussed air pressure of game day footballs, and narrow down dates of when these communications took place. Overwhelming, right?!
This is what we do:
Enter a world where a cloud based end-to-end ediscovery solution with computer assisted review can eliminate costly review of low-value content, and you can see the decisions made by people involved in equipment and game preparation using advanced analytics. Gist™ analytics automatically accepts new information deemed relevant and iterates to improve on the underlying decision model and voila! Increasingly accurate tags and issue codes.
From there, run your reports and develop your case strategy based on your evidence and YOU can be the most valuable player on the legal team!
And - one more thing, both teams have quality talent – however, the team that isolates and leverages the most important facts and behaviors will prevail. Go Seahawks!
The Patriots will attempt to unseat the reigning champion Seattle Seahawks in Super Bowl XLIX in Glendale, Ariz., on Feb. 1. Our information suggests that it will be the Patriots, and not their equipment, that turn up deflated this Sunday.
Intuitive, adaptable design minimizes investment and maximizes returns
Seattle, Wash. January 20, 2015 –Digital WarRoom, a leading provider of strategic ediscovery solutions for law firms, has reached a milestone by announcing the expanded availability of their popular ediscovery software that is now accessible as a secure cloud based platform. The Digital WarRoom Private Cloud combines processing, review and production features into their Software as a Service (SaaS) platform and advanced analytics with Gist, their proven predictive coding and technology assisted review tool.
Digital WarRoom Private Cloud offers mid-size and large law firms one integrated solution for addressing rapidly increasing volumes of data and keeping up with emerging technology trends. The new platform is available for flat-fee pricing and can scale up or down with caseloads. This model uniquely allows law firms to match expenses to activity with minimal upfront cost.
"You would be hard pressed to find a more economical ediscovery solution, particularly one with so many available features," said Bruce Olson, ONLAW Trial Technologies LLC.
Leveraging technology assisted review is essential as courts demand and expect higher levels of accuracy and detail in the production of data. Digital WarRoom Private Cloud includes Gist to score and prioritize relevant information faster so legal professionals have a greater understanding and tighter control over their cases. Gist is available as part of the Digital WarRoom Private Cloud solution.
“In the traditional ediscovery reference model, large volumes of legal documents are identified, collected and preserved. Then, the attorneys are faced with the cumbersome and expensive tasks of processing and review,” said Bill Gallivan, President of Digital WarRoom. “While analysis used to be a stand-alone step in the process, Digital WarRoom’s Private Cloud now offers analysis sooner in the process. Earlier review coupled with Gist’s capabilities can save up to two-thirds of a matter’s ediscovery time and costs.”
About Digital WarRoom
Digital WarRoom, an award winning product, is the first ediscovery platform to provide law firms, corporate legal and ediscovery teams with complete ESI processing, document review and production in a single application. This intuitive platform eliminates traditional high-cost volume-based processing fees and its design removes the risk inherent in moving data between disparate systems. A case database created on any Digital WarRoom product can move seamlessly to any other Digital WarRoom product, (desktop, server, or cloud) with all attorney work product preserved. Digital WarRoom is a team of enterprise software designers and legal experts who are innovating the process of managing big data by creating easy and cost effective solutions for legal teams that are highly defensible, efficient, and provide a high degree of confidence for litigation matters. To learn more about Digital WarRoom visit www.digitalwarroom.com.
Costs, delays and complexities of civil litigation revolving around discovery remain challenging for law firms and their clients in 2015, but what are the priorities?
The Federal Rules of Civil Procedure (FRCP) amendments will raise overall awareness among attorneys and the adoption of similar rules at the state level.
While amendments to the FRCP will be enacted in December 2015, these rule changes will have little impact on current ediscovery technologies, processes and workflows.
Only the people in the People, Process Technology triangle will change. A culture of discovery competence will come to be seen as an ethical requirement and a commercial advantage for law firms of all sizes.
Courts will increasingly allow taxation of fees/employ cost shifting. Expect the cost-shifting amendment to FRCP 26(c) to affect a significant change in discovery practice. Courts progressively rely on the implicit wording of rule 26(c) to shift the often-astronomical costs associated with Electronic Data Discovery (EDD) and to temper the “leave no stone unturned” mentality. With that authority now becoming an express power, more courts will shift costs—or at least threaten to do so—to ensure discovery is reasonable and proportional.
Predictive coding will commoditize. The Federal judiciary has signaled that predictive coding is a defensible electronic data discovery compliance tool. The question now is whether attorneys will continue to fear the new technology and/or understand the value. To enhance the value proposition, expect vendors to fix fees or drop fees to less than $0.05/document. Removing variable cost risks will allow Predictive coding to go mainstream by the end of 2015.
Second generation ediscovery tools will proliferate. The days of “image-based” review are over. Legal Service Providers will open their hosting platforms to a variety of solutions and software tools to better tailor solutions and workflows for each matter and budget. Customization of tools for each situation is the trend.
Companies will standardize preservation and production from cloud-based collaborative applications. It should not come as a surprise that litigants and lawyers will continue to struggle with the preservation of collaborative applications such as Wiki, SharePoint and other cloud- based content management systems. In 2014, failures to properly address data stored in the cloud and on dynamic content servers were at the center of some of the most controversial cases. Collecting, prepossessing and hosting documents from dynamic shared environments will provide a solid solution and reduce this industry-wide challenge.
This is the year of the Private Cloud. Law firms will move toward do-it-yourself (DIY) cloud-based solutions to control budgets and keep clients sticky. Cloud-based services delivering “on-demand” burstable services will become a prominent model and provide a cost saving efficiency through this “buy it as you need it” solution.
Phone text threads will gain email-like importance for preservation and disclosure. Mobile device collections will be seen as more important and less burdensome then in the past – especially among technology firms. The use of texts as a primary communication tool among developers, social media companies and other youth laced businesses has recently emerged as more prolific than even email. Collecting aggregating/parsing text threads into reviewable documents will be key.
Social media apps will continue to complicate Electronic Data Discovery (EDD). While social networks have leaped to prominence in EDD over the past few years, newer social media apps will figure into the EDD equation. Keeping up with social applications and the custody and control of documents outside of the corporate firewall will get harder not easier. More data to collect in more places will continue to be the challenge in 2015 and addressing proactively is wise.
Bottom line for 2015 is that social media, cloud-based solutions and texting are creating more and more challenges. Law firms’ concerns range from identification and collection of disparate information to the cost and security of the entire ediscovery process. However, the value of a an experienced service provider partner lessens the burdens greatly by providing a range of value from predictive coding as a defensible service offering to project management and secure cloud-based software. While counsel maintains control of the process and the budget - it’s a win, win.
If you are like most of us, you are constantly reevaluating your ediscovery workflow. When you do this you want to know "is my software current enough?" and "is my hosting vendor charging me current market rates or last years per gig rates?" If you have started to rethink what you are doing, you are likely about to consider the new ediscovery Private Cloud offerings.
A Private Cloud offering means your provider is renting you a hosted environment (virtual server, cloud storage etc.) along with their ediscovery software. The rest is up to you.
That is, you get your data onto this hosted environment, process it, review it, make productions (if your Private Cloud software has that capability and that's a big if) and then get your production off your private cloud platform and into the hands of clients and/or opposing counsel.
Robert Powell, VP of Services for GGO LLC (a Digital WarRoom Channel Partner), thinks of it this way, "I maintain a highly skilled group of ediscovery, forensics, and information security professionals that I can spread across hundreds of matters a week. That way my customers get to focus on what they do best, making legal decisions, and they can take advantage of processing and producing their data on my virtual environments without paying those pesky per gig fees everyone is charging." Further he adds, "...you can avoid having to engage your contract IT staff or general purpose IT that you have to pay by the hour."
Several factors contribute to making a Private Cloud offering significantly better than traditional hosting or do it yourself solutions, the most important of which are discussed below.
LOWER COST OF OWNERSHIP
* You do not need to purchase and maintain servers or high speed internet connections.
* You do not need to hire or take up the time of existing experienced IT personnel or contractors.
* Your Private Cloud vendor will take care of housing your data securely, and installing and maintaining all software including third party software such as Microsoft SQL.
* You do not have to spend any effort installing or configuring your ediscovery or other third party software.
The cost of implementing conventional enterprise software has been calculated at four to five times the cost of the original license.
* The time your IT team normally spends on access control, patches and upgrades disappears with a Private Cloud solution. There is no need to invest in or build your infrastructure from scratch.
* High uptime -- Clients have access to hosted data 24/7.
* Robust infrastructure.
* Multiple layers of physical and logical protection.
* Data centers governed by auditable processes and industry level certification (i.e. Safe Harbor, SSAE 16 Type II).
* Do you need to double the capacity of your entire ediscovery setup this week? (Processing power, reviewer seats etc.) Simply approve the change with your Private Cloud provider and they will have the new capacity and license up and ready for you faster than could have gotten approval for and submitted an order with CDW for another server.
* Now you are done with the big push after six weeks and are ready to scale back down 75% of your infrastructure. Call your Private Cloud provider and they tune down and scale your bill back as well.
YOU CAN DO ALL THE EDISCOVERY WORK YOURSELF OR ASK FOR HELP
* Your Private Cloud vendor will be able to supplement your staff (after a conflict check) if needed to get a large production loaded or imaged and out the door. This supplemental staff can jump in quickly and is available on either per hour or per activity basis.
* You may even have access to contract reviewers through your Private Cloud provider who are familiar with their platform and be able to jump right into a review (again after a conflict check).
FLEXIBLE BILLING ARRANGEMENTS
* Storage is super cheap; you should only be paying extra for storage in your Private Cloud solution if it breaks some threshold (say 1/2 terabyte). Don't be held hostage to per gigabyte fees like you are with most of the traditional hosted review solutions.
* Monthly or even daily reviewer costs in the $50/month or $10-20/day are available.
* An initial quarterly commitment then month-to-month.
* Bigger discounts if you want to commit to an annual subscription up front.
* When you subscribe to a Private Cloud application, you pay a monthly or annual subscription fee (your call). Compared to a traditional software license, this subscription payment structure works to your advantage as you can scale up and down user seats.
WHERE TO FIND EVEN MORE ON THE BENEFITS OF AN EDISCOVERY PRIVATE CLOUD SOLUTION?
Interested in more helpful content about how to cost effectively move your end-to-end ediscovery process to the cloud?
Schedule a one-on-one demo to get all your questions answered.
VP of Channel Sales
811 1st Ave
Seattle, WA 98104
T: (206) 652-2283
5. Digital WarRoom
Most lawsuits don't have a big budget. At a cost of just $99 per year, Digital WarRoom Express enables you to cull, review, and produce up to 50 GB of email and other electronic data across your cases (it handles up to 500 document formats). The Defensibility Log watches your back while you work.
Check out the full article at http://blog.technolawyer.com/2014/12/tl-newswire-top-25-products-2014-awards.html
If you are like most of us, you are constantly reevaluating your ediscovery work flow. When you do this you want to know “is my software current enough?” and “is my hosting vendor charging me current market rates or last years per gig rates?” If you have started to rethink what you are doing, you likely are about to consider the new ediscovery Software as a Service (SaaS) offerings. A SaaS offering means your provider is renting you a hosted environment (virtual sever, cloud storage etc.) along with their ediscovery software. The rest is up to you. That is, you have to get your data onto this hosted environment, process it, review it, make a production (if your SaaS software has that capability and that’s a big if) and then get your production off your SaaS platform and into the hands of client and/or opposing counsel. There is also another flavor of this, Infrastructure as a Service (IaaS), where your provider only provides you the remote hosted environment and you license ediscovery software from someone else to put on their hardware. However, I am going to focus on SaaS today
Why would you consider an ediscovery SaaS offering? There are many reasons, with the two big ones being taking advantage of the best of outsourcing ediscovery functions that are not your core business as well as the best of doing more of the ediscovery work flow yourself.
Several factors contribute to making SaaS offering significantly better than traditional hosting or do it yourself solutions:
Lower Cost of Ownership
- You do not need to purchase and maintain servers or high speed internet connections
- You do not need to hire or take up the time of existing experienced IT personnel or contractors
- Your SaaS vendor will take care of housing your data securely, and installing and maintaining all software including third party software such as Microsoft SQL.
- You do not have to spend any effort installing or configuring your ediscovery or other 3rd party software. The cost of implementing conventional enterprise software has been calculated at four to five times the cost of the original license.
- The time your IT team normally spends on access control, patches and upgrades disappears with a SaaS solution. There is no need to invest in or build your infrastructure from scratch
- High uptime – Clients have access to hosted data 24/7
- Robust infrastructure
- Multiple layers of physical and logical protection
- Data centers governed by auditable processes and industry level certification (i.e. Safe Harbor , SSAE 16 Type II)
- Do you need to double the capacity of your entire ediscovery setup this week (processing power, reviewer seats etc.)? Simply approve the change with your SaaS provider and they will have the new capacity and license up and ready for you faster than could have gotten approval for and submitted an order with CDW for another server.
- Now you are done with the big push after six weeks and are ready to scale back down 75% of your infrastructure. Call your SaaS provider and they tune down and scale you bill back as well.
You can do all the ediscovery work yourself or ask for help
- Your SaaS vendor will be able to supplement your staff (after a conflict check) if needed to get a large production loaded or imaged and out the door. This supplemental staff can jump in quickly and is available on either a per hour or per activity basis.
- You may even have access to contract reviewers through your SaaS provider who are familiar with their platform and be able to jump right into a review (again after a conflict check).
- Super flexible billing arrangements are available to you
- Storage is super cheap, you should only be paying extra for storage in your SaaS solution if it breaks some threshold (say ½ terabyte). Don’t be held hostage to per gigabyte fees like you are with most of the traditional hosted review solutions.
- Monthly or even daily reviewer costs in the $50/month or $10-20/day are available
- An initial quarterly commitment then month to month
- Bigger discounts if you want to commit to an annual subscription of front
- When you subscribe to a SaaS application, you pay a monthly or annual subscription fee (your call). Compared to a traditional software license, this subscription payment structure works to your advantage as you can scale up and down user seats.
- An on-going monthly expense is easier to incorporate into your budget than a large one-time outlay. You can cancel or change your subscription at any time without losing a large initial investment.
Have you tried an ediscovery SaaS solution? Let us know.