Yearly Archives: 2019

Desktop, Featured, Industry News, News

6 Reasons Why Desktop eDiscovery is a Viable Solution in a Cloud-Based World

desktop eDiscovery is a viable solution
27
Aug

6 Reasons Why Desktop eDiscovery is Still a Viable Solution in a Cloud-Based World

For several years now, cloud-based eDiscovery has been touted as the wave of the future, and there’s no doubt about its benefits.

  • Scalability

In the cloud large datasets aren’t a problem, giving you the ability to scale when big cases arrive at your door

  • No Maintenance Required

Because the cloud host manages software and infrastructure updates, you never have to worry about upgrades

  • Predictable Pricing

Cloud-based platforms are often priced on a subscription model, giving the user predictability when it comes to budgeting

But for all the power the cloud brings, sometimes it’s not always the answer to an organization’s needs before or after review. That’s where a modern (not legacy products from the last decade), easy-to-deploy, local solution can cut a lot of hours and pain from your daily workload, while keeping overhead even lower than a cloud-hosted enterprise solution.

Here are 6 reasons desktop eDiscovery is still a viable solution:

Low Cost Quick Look

Need to take a quick look at a PST, some loose files, or a few directories of data? If you FTP your data to the cloud, it adds to your hosting costs. A solution like Ipro for desktop allows you to quickly ingest any native data, perform ECA and quick Review, find what you want, and produce it. If data needs to be hosted after that, you’ll only be paying for what’s relevant.

After the Case is Done

After a case, you need to maintain the data, allowing you to go back and retrieve and produce documents when asked. But do you really need to leave that data in the cloud where monthly hosting fees continue to add up? Ipro for desktop allows you to archive your hosted cases locally with the full power to access everything at any time, with virtually no cost.

Fact Management and Case Prep

You won’t find this in enterprise cloud eDiscovery platforms! But with Ipro for desktop, data streams from Review into the fact manager, allowing you to organize evidence at any phase of the litigation life-cycle. Rather than just tagging a document for later, users can cite the specific text or section of a document, link it to the “fact” and call it up during presentation. You can also share and search transcripts between modules, making your case-build efficient and simplified.

No Internet? No problem!

Even with today’s technology, you may still find yourself without internet, whether in the courtroom, on a plane over the ocean, or when service may just not be what you need. With Ipro’s desktop eDiscovery solution, you can go completely mobile with a “Published” version of your case that runs in the review database on your local machine. Once you have service again, you can sync all of your changes and work-product back to the network.

Other tasks that may be difficult for cloud platforms but not for Ipro for desktop

  • Scan directly into a database
  • Print from a print server to offload the individual Review user machines
  • Easy bulk Unitization of large documents
  • Easy bulk image and OCR of documents
  • Ingest raw images without a loadfile
  • Clip and crop 3rd party production images and re-brand
  • Manual coding with names normalization
  • Custom production options, and many more…

Scale to the Cloud When Things Get Big

Yes, a desktop solution can surge to the cloud if the need arises. If your cases get too large for your physical infrastructure or need to be accessed online by co-counsel, they can temporarily be moved to the Ipro cloud, giving you that extra horsepower on demand, allowing you to take on cases of any size or complexity without significant ramp-up time or monetary investment.

Conclusion:

Again, the cloud has many benefits, but there are some things only a desktop solution can do. And if it’s been purpose-built for modern challenges, there’s no reason why desktop shouldn’t have a place at the eDiscovery table.

To learn more about Ipro’s Desktop eDiscovery solution, visit us here.

Tips & Tricks

Introducing Ipro Insights! Ep. 1: EDRM – Info Gov through Collection

21
Aug

We’re excited to announce Ipro Insights, where each week, our in-house experts will give you a quick look into some of the most common challenges facing the legaltech industry. For our first video series, Cesar Sandoval, from the Ipro Training Team, gives us a breakdown of each stage of the EDRM. Stay tuned for more!

In this episode of Ipro Insights you’ll learn: 

  •  The role of Information Governance in eDiscovery 
  •  The importance of identifying relevant Electronically Stored Information (ESI) 
  •  Why Properly Preserving and Collecting ESI is vital to your eDiscovery process 

Watch Now!

Featured, Industry News, News

5 Ways Paralegals Can Quickly Sharpen their eDiscovery Skills

eDiscovery Paralegals
20
Aug

5 Ways Paralegals Can Quickly Sharpen their eDiscovery Skills

Paralegals have long been a part of law offices and legal teams, fulfilling roles like conducting research, client interviews, drafting documents, and handling other administrative tasks. But more and more, paralegals find themselves charged with handling all things related to eDiscovery as well.

Attorneys are interested in getting to the facts of a case so they can build a strategy. But obtaining and organizing that data falls to litigation support personnel, many of whom are paralegals. When working with electronic data, a paralegal’s role becomes part case project manager and part IT liaison. Some of the things expected of an eDiscovery paralegal may include:

  • Acting as Case Manager by organizing a database for all Electronically Stored Information (ESI)
  • Managing the collection process with a client and talking with their IT to figure out the best way to obtain the needed ESI
  • Once the ESI has been obtained, resolving any issues with the data, such as corrupted files or missing metadata
  • Creating search templates using the search terms and parameters set forth by the parties in the case
  • Redacting privileged data
  • Conducting Quality Control on production sets to ensure the discovery parameters were met

Becoming an eDiscovery specialist can really set you apart from other paralegals and lead you to expanded career opportunities, but eDiscovery carries a unique set of challenges that often isn’t a traditional part of a paralegal’s training.

Kelly Twigger, Attorney and eDiscovery thought leader, stated in a past Above the Law article, that “lawyers [assume] that picking up the complexities of ESI and handling data is something their paralegals can just do. I’m here to tell you that it’s not.” She continues, “If you are expecting your paralegal to have the skill set necessary to manage ESI, including setting up and managing your databases, without some serious training, you are putting yourself and your clients at risk.”

Training is definitely one thing paralegals can do to up their eDiscovery game. As Jared Coseglia, CEO of TRU Staffing said in an article published by LegalTech news, “the plug-and-play technical accountability of an eDiscovery professional is largely measured by the software certification status that individual achieves and maintains.” But certification isn’t often the first step. To pass industry certifications, you have to have more than a basic knowledge of eDiscovery. In the same LegalTech News article, Krista Schmidt, manager of professional services at Ipro said, “A person needs to be well-rounded and understand many things to pass the certifications. You can’t just know review or processing.”

So what can you do to get started? Here are 5 ways paralegals can sharpen their eDiscovery skills!

Fully understand the case

A lot of things paralegals need are in the case materials themselves. There you can identify key custodians and sources of ESI for collection, search terms, and privilege determinations. You’ll also need to become familiar with contacts in your client’s organization (like the client’s IT department) to best figure out how to collect the data requested in discovery.

Find out what software is available at your organization

Sometimes, attorneys might not be aware of the tools available for managing eDiscovery. Once you know what software options your organization has, you can find out if there are any internal resources, perhaps located on an intranet. There may even be others within the organization who have gained training and/or certification on the software to provide guidance.

Google it!

It sounds obvious, but there is actually a lot of great information on the web from other practitioners and thought leaders. Articles, white-papers, infographics, even YouTube videos may be available from reputable sources to help paralegals come up to speed on processes and tactics that can help make your life in eDiscovery a little easier.

Check with your eDiscovery Software Vendor

If you own your eDiscovery software, the vendor most likely has a resources center available for users. They may have tutorials or even a help desk where you could get expert advice on common eDiscovery challenges or how to create the best workflow for the case at hand.

Training and Certification

Finally, if you want to build your career in eDiscovery, getting training and certification is an excellent way to show your expertise. Most software vendors offer a certification for their products. It may even be worthwhile to attain training on multiple software offerings, if your team uses more than one vendor. There are also general eDiscovery certifications (the Certified eDiscovery Specialist (CEDS) is one of the most common).

To find out more about Ipro’s training and certifications, visit us here

Featured, Industry News

Ipro Showcases Latest Innovations at ILTACON

Ipro Showcases Innovations at ILTACON
19
Aug

Ipro Showcases Latest Innovations at ILTACON

This week, Ipro will be showcasing their latest innovations and product offerings at ILTACON, the premier legal technology conference for professionals undertaking initiatives in support of the practice of law.

Ipro will be in booth 304 at ILTACON, August 18-22. There you will be able to see:

Ipro for desktop

You’ll get to check out the latest innovations in Ipro for desktop, formerly Eclipse SE, including high-speed ingestion with advanced settings & integration with TrialDirector 360 featuring a new interface and enhancements.

Ipro for desktop runs in a dynamic dashboard that launches different modules in a stack and seamlessly flows data through the different phases of litigation: case management, administration, processing, review, fact management, and trial presentation with TrialDirector 360®. With this true all-in-one litigation platform, you can effortlessly manage reviews, unitize documents, ingest native files, and produce documents.

Ipro for enterprise

Learn more about the NEW Ipro for Enterprise, formerly Eclipse & Automated Digital Discovery (ADD).

Ipro for enterprise is an eDiscovery workflow solution that allows users to easily process any type of data, have it ready for analysis or review in minutes, and avoid lengthy upload times for situations needing an agile response. Ipro for enterprise bundles Ipro’s gold-standard in Imaging, OCR, Processing and Production, with the latest innovations in Review – including advanced analytics, Technology Assisted Review, and ECA – all into an easy-to-use intuitive interface.

Hybrid eDiscovery with the Ipro Cloud

Regardless of the software deployment you’re using (desktop, on-prem, or cloud hosted), you can scale up using the Ipro Cloud at any time. The Ipro Cloud gives you the scalability of a public cloud with the data control of a private cloud, with a hosting team that speaks the same language as your legal team and acts as your dedicated eDiscovery IT department. Our state-of-the-art data center has a limited employee access to sensitive data & a lower profile for targeted hacks. And hosting fees are a fraction of those on public clouds.

Want a deeper dive into the software? Book a private meeting at the show!
No badge needed.

Featured, Industry News, News, TrialDirector

It’s Trial Season and Presentation is Everything

15
Aug

Trial Presentation Software

We all know the difference visuals can make in a presentation. We’ve sat in audiences and struggled connecting with a speaker, because their slides were strings of black bullet points and good old Times New Roman. Their content and expertise may have been world class, but their slide deck might as well have been a pocket watch dangled from a hypnotist’s hand, his voice whispering Sleep, sleep in our ears.

When you’re an attorney preparing for trial, that’s the last thing you want to happen when you present your case. Trial presentation software (like TrialDirector 360 by Ipro) definitely makes a difference. Gone are the days of fumbling with an ELMO or shuffling through binders with thousands of pages to prove your case. TrialDirector allows you to bring in your pre-trial exhibits, pretreat documents, and organize them into workbooks. You can even create and edit video depositions when a witness is unable to attend trial. And even if you don’t go to trial, TrialDirector can still be used for hearings and arbitrations.

Trial Services

This all sounds great. The problem is, you went to law school instead of studying graphic design. Sure, having TrialDirector would help, but if you’re not an expert at using it, you may as well go back to your flip chart. That’s where Ipro Trial Services comes in and saves the day.

We have the largest number of certified Trial Consultants in the industry and bring years of experience in the courtroom to your litigation team. With our assistance, your team can focus on case theory, strategy, and the law, rather than how, where, and when the exhibits will be displayed in court.

There are many additional advantages to having lpro trial consultants with you in the courtroom. lpro’s on-site trial team can “free-up” your litigation staff, while the consultants work with the trial attorneys to pre­pare a witness, create demonstrative graphics, and provide document imaging and management services. Additionally, our trial consultants will maintain presentation and war room system integrity throughout the trial.

And our graphic designers know what demonstrative types work for each situation in the courtroom. This experience allows them to collaborate alongside experts and team members, recommending and creating stunning visuals that drive home the principle themes in your case.

We’ll even come to the courtroom with you! Every one of our trial consultants is required to master TrialDirector360 and other cutting-edge technology, to maximize the impact of your presentation, so you can focus on presenting the facts to the jury.

Find out more about how Ipro can help you make an impact during trial!

Featured, Industry News

What is Hybrid eDiscovery and How Will it Shape the Future of Legaltech?

hybrid eDiscovery
14
Aug

In Gartner’s 2019 Market Guide for E-Discovery Solutions, they say a future trend in eDiscovery will be people moving to a Hybrid eDiscovery deployment where “organizations are looking for greater cloud flexibility where capabilities can be ‘dialed up’ and ‘dialed down’ as needed. Established processes, methods and technologies may not be enough. Indexing and classification services, for example, will work better and be less bandwidth-and resource-intensive if they are located closer to the data source.”

This really shouldn’t come as a surprise. For many years, people have touted end-to-end solutions, with the notion that an in-house legal team can handle everything that comes their way with the right software. But there are a lot of stakeholders involved in the eDiscovery process, which makes the idea of a single team doing everything extremely complex:

  • Attorneys need electronic evidence to make their case
  • Litigation Support, Paralegals, and Case Managers have to actually get that data and put it into a usable form so attorneys can review it
  • IT has to work with all parties, collecting, managing, and hosting that data in a secure way, while the legal team does their work

In the same way, there are a lot of components to ensure eDiscovery happens.

  • Software is needed to process, cull, search, review, and produce electronic information
  • Services are needed to do the work of eDiscovery, either though utilizing in-house personnel or looking to outside service providers
  • IT Infrastructure is needed to host the software and all of the case data in a secure and accessible way.

What is hybrid eDiscovery and how does it deal with these issues differently than the current models?

As a concept, it combines the best aspects of powerful in-house software, an outside service-provider, and a dedicated cloud environment and IT department specialized to eDiscovery, bundled into a solution with a single technology partner. Hybrid eDiscovery gives you the confidence, that no matter what type of case falls in your organization’s lap, you have the flexibility, scalability, and support to handle it, either in-house or utilizing your technology partner’s services.

Software:

Obviously, it’s a non-starter if you don’t have access a robust eDiscovery tool that can process any type of data, while utilizing the latest innovations in ECA, Advanced Analytics, and AI in order to speed up the review process and accurately produce ESI. Some software claims to be “easier to use” than others. But what really matters is if the software can handle the needs of high-volume complex eDiscovery. A drag and drop, single-click process doesn’t mean anything if you’re constantly having to send work out to someone else when things get heavy. It also gets costly. Add that with the ability to flexibly deploy software in whatever way works best for you – on prem or in the cloud for enterprise level clients, or a modern desktop deployment for smaller law firms and government agencies – and you have the foundation for a Hybrid eDiscovery solution.

Services:

Having a technology partner to help out when you need it allows your organization to surge or dial back resources depending on workload and data needs. And unlike an outside service provider, a Hybrid eDiscovery technology partner is the creator and owner, as well as the user of the technology, so they can adapt quickly to better support your organization. From helping with case and user creation, strategy, processing, data imports, setting up Review Passes and custom searches, exports and/or productions, they can be as hands on or hands off as you’d like. And because you’ll work with the same case managers, they’ll come to know you’re your workflow, acting more as an extension of your case team, oftentimes giving around-the-clock support in order to meet tight deadlines. Long-story-short, they are prepared to handle the technical aspects of a matter, thus allowing attorneys to focus on the practice of law.

Hybrid eDiscovery in the Cloud

A lot of people think of “The Cloud” as a singular place, but there are many types of clouds. Here are the three types of cloud hosting most used in eDiscovery.

Public Cloud (AWS, MS Azure):

  • All infrastructure exists in the data centers of the provider
  • Users have a private environment within larger ecosystem
  • Cloud host responsible for data security, IT management & support

Sounds good right? Except these public clouds aren’t just used for eDiscovery, so case data is in the same cloud as the data of large corporations and financial enterprises (which may be high-profile targets for hacking). Public cloud providers are experts in data security & IT management, but they aren’t specialists in eDiscovery.

Private Cloud (AKA, On-Prem):

  • More control over data and environment
  • Dedicated private network located either on-premise or at a remote site
  • “On-Prem” eDiscovery deployment often means a private cloud

Control of eDiscovery data is fully with the user, which is an added benefit from a security and control standpoint. But the burden of maintaining an in-house system is heavy: managing hardware and software upgrades, maintaining an IT team that understands the needs of the legal department, securing against hacks and data breaches, while trying to recover costs and scale in the face of ever-growing datasets.

Hybrid eDiscovery:

  • The scalability of a public cloud with the data control of a private cloud
  • Hosting team speaks the same language as your legal team and acts as your dedicated eDiscovery IT department
  • State-of-the-art data center, with limited employee access to sensitive data & a lower profile for targeted hacks
  • Hosting fees are a fraction of those on public clouds. And because you’re changed flat rates for data processed and hosted only, cost is not only reasonable but predictable
  • Regardless of the software deployment you’re using (desktop, on-prem, or cloud hosted), you can scale up using your Hybrid eDiscovery partner’s cloud at any time

Conclusion

As Gartner stated, Hybrid eDiscovery is something that will continue to trend in legaltech. Software alone isn’t enough. Data continues to grow in size and complexity, and the need for that data in investigations and litigation is now a daily occurrence. For an agile response, innovative approaches to eDiscovery are necessary, and rather than trying to go it alone, forward-thinking legal teams will look toward a hybrid approach.

Find out more about Hybrid eDiscovery with Ipro

 

Written by Jim Gill
Content Manager, Ipro

Featured, Industry News

Hybrid eDiscovery: How This Unique Cloud Deployment Can Free You from the Burdens of On-Prem Without Forcing You To AWS

hybrid cloud ediscovery
08
Aug

What Does the Capital One Hack Reveal About Hybrid Cloud eDiscovery?

Most of us are already aware of the arrest of Paige Thompson, a Seattle resident and former Amazon Web Services (AWS) employee, who was taken into FBI custody earlier this week for hacking Capital One and exposing personal data of more than 100 million customers. According to Israeli security firm CyberInt, other organizations including Vodafone, Ford, Michigan State University, and the Ohio Department of Transportation may have also fallen victim to the same hack.

AWS is sometimes referred to as the most secure cloud environment in the world and is the only company that has received the highest-level Defense Department IT certification, known as Impact Level 6, which allows it to handle top-secret data. That advantage stems in large part from a $600 million contract with the CIA that was awarded in 2013.

Hack and data breach may seem interchangeable as terms, but in actuality, they are different, and it’s that difference that may affect who is liable. A hack is an intentional attack perpetrated by a malicious actor who gains unauthorized access to a protected system (e.g. computer, server) in order to steal private information or hold the system ransom. A data breach occurs when data that is unintentionally left vulnerable in an unsecured environment is viewed by someone who shouldn’t have access to that data. The question here is whether the liability lies with Capital One and a misconfigured database within the AWS environment or with AWS because a former employee may have used credentials to access the cloud and/or knowledge of the misconfigurations.

Many eDiscovery solutions host their platforms, along with users’ case data, on public clouds like AWS and Azure, which might lead some to question the security of cloud-based eDiscovery. First, it’s important to remember that the Capital One hack (or is it breach? Or both?) had nothing to do with security certificates (after all, they have an Impact Level 6 certification), but an attack conducted by someone with inside knowledge.

But it is an opportunity to review the notion of “Cloud eDiscovery” and note that there isn’t a single environment that everything is operating in, but instead many options when it comes to choosing a cloud hosted platform.

Public Cloud (AWS, MS Azure):

In a public cloud, all infrastructure exists in the data centers of the cloud service provider. Each user then has a private environment within the larger public ecosystem, while the cloud host has physical control of the hardware and is responsible for all aspects of data security, IT management, and support.

Sounds good right? Except these public clouds aren’t just used for eDiscovery. They’re used for everything. Case data is in the same cloud as Capital One, Ford Motors, MSU, and ODOT (and others). And while the cloud provider is in charge of data security, IT management, and support (which is a definite plus), they aren’t specialists in eDiscovery, and they aren’t the same people who created the eDiscovery software that is being hosted in their cloud. So it adds additional stakeholders.

Private Cloud (AKA, On-Prem):

In lieu of some of the issues mentioned above, an organization may want more control over their environment and set up a dedicated, private network located either on-premise or at a remote site. Many times, when eDiscovery vendors talk about an “On-Prem” deployment, they may actually mean installing the solution on the user’s private cloud.

This definitely brings control of eDiscovery data wholly onto the organization, which is an added benefit from a security and control standpoint. However, for many, the burden of having to maintain an in-house system is heavy. Managing upgrades to software as well as hardware, while trying to recover costs, maintaining an IT team that understands the needs of the legal department, while being challenged with the ability to scale in the face of ever-growing datasets, as well as the liability of securing against hacks and data breaches, can be draining on both personnel and financial resources.

Hybrid eDiscovery: The Ipro Cloud

If only there was a hybrid of the two eDiscovery cloud options, one with the scalability and easy management of a public cloud, but with the control and security of a private cloud. And even better, what if that cloud was created and managed by people who not only understand the unique needs of eDiscovery but are dedicated to you?

That’s not just any cloud, but the Ipro Cloud. It gives you the flexibility to run your own environment on a private cloud managed by the creators of the eDiscovery software you’re using. Ipro teams speak the same language as your legal team and act as your eDiscovery dedicated IT department.

With Hybrid eDiscovery in Ipro’s Cloud, you also get the scalability of a public cloud with the control and security of a private cloud, utilizing Ipro’s decades of IT and industry experience running and operating the largest of client-environments. Unlike large public clouds, the only data hosted here is related to eDiscovery, all housed in a state-of-the-art data center with limited employee access to sensitive data, as well as a lower profile when it comes to targeted hacks. And hosting fees on the Ipro Cloud are a fraction of those on public clouds.

While you can secure and fully manage your own environment in the Ipro Cloud, you also get the benefit of a true technology partner Ipro’s hybrid approach. Ipro’s services team has been in your shoes and know the pain points and urgency of eDiscovery. Clients return again and again, because we specialize in building customized workflows for both simple and complex cases, while using our technology and advanced analytics to speed up processes through review with a focus on delivering quality results.

Proven Client Success:

Ipro is a 30-year legal technology veteran and hosts some of the biggest corporations and law firms in its cloud. One of them is Chamberlain Hrdlicka, a diversified business law firm with offices in Atlanta, Houston, Philadelphia, and San Antonio. In a recent case study, they said, “The Ipro eDiscovery Suite ultimately improved our firm’s ability to produce higher quality, streamlined reviews and provided the flexibility to handle cases of any size. Using Ipro, we were able to increase caseload by hosting over 330 cases and 40TB of data, while still working fewer hours and maintaining a small team. The workflows are well thought out and the system is intuitive to use, which minimized the learning curve for our technical staff, support personnel and attorneys as they adopted the system.”

 

Featured, Industry News

It’s Not Just About the Money (or Privacy): The Role of Specificity, Technology, and FRCP Rule 26

FRCP Rule 26
06
Aug

What Does FRCP Rule 26 Say about Scope and Proportionality?

In 2015, when the Federal Rules of Civil Procedure were amended, the issue of scope and Rule 26 was a hot topic of discussion, mainly around the issue of costs. But proportionality doesn’t just apply to the cost of discovery. With concerns around privacy becoming a daily headline due to data breaches, privacy laws, and the use of personal data by large corporations and governments, will the cry of “privacy” take the place of “burdensome costs” in proportionality rulings?

Before the 2015 amendments, it was common that broad discovery requests were submitted, which if carried out, would end up costing way more than the lawsuit was worth in the first place. For organizations with deep pockets, large discovery requests became a tactic similar to continuing to raise the bet in a poker hand until your opponent had no choice but to fold.

But since 2015, broad discovery requests or “fishing expeditions,” have been essentially banned. With the new rule, the burden to prove proportionality lies with both the requesting and responding parties. And the first two questions that should be answered are:

  • Is the information requested relevant to the outcome of the case?
  • Is the information privileged?

If the data in question passes these two tests (yes, it’s relevant to the case, and no, it’s not privileged information) then the courts look at the following six factors laid out in FRCP Rule 26(b)(1) to help determine rulings on proportionality.

  • The importance of the issues at stake
  • The amount of information in controversy
  • The parties’ access to the information in question
  • The parties’ resources to obtain the information
  • The importance of the discovery in resolving the issues
  • Whether the burden or expense of the proposed discovery outweighs its likely benefit

 

How Does Privacy Fit into the Discussion of Scope and Proportionality?

Henson v. Turn, Inc (US Court, Northern Dist. California, 10/22/2018) is a fairly recent case that deals specifically with proportionality and privacy. In it, the plaintiffs brought a class action against the defendant, claiming that the defendant engaged in the practice of using “zombie cookies” which users cannot delete, block, or opt out.

In response, the defendant requested the plaintiffs:

  • Produce their mobile devices for inspection or produce complete forensic images of their devices
  • Produce their full web browsing histories from their devices
  • Produce all cookies stored on or deleted from their devices

The court ruled that the defendant’s request to directly inspect the plaintiffs’ mobile devices or for complete forensic images of the devices “threatens to sweep in documents and information that are not relevant to the issues in this case, such as the plaintiffs’ private text messages, emails, contact lists, and photographs.”

And because the parties had protocols in place for producing information from the plaintiffs’ devices or forensic images, the defendant issued nine requests for specific information from the plaintiffs’ devices, which the plaintiffs carried out.

The same happened with the request for the browsing histories and cookies. The plaintiffs produced or offered to produce their web browsing history and cookies associated with the defendant’s partner websites and the date fields of all other cookies on their mobile devices. The plaintiffs also offered to meet and confer with the defendant to consider requests for specific cookies.

And the court ruled with the plaintiff.

 

What is the Role of Technology in Scope and Proportionality?

So why does this matter? The key here is not about scope and proportionality or even privacy. Yes, that’s the topic of the case. But the bigger issue at stake is how will the creators of legal technology respond. With Rule 26, it’s all about specificity. I want this specific data, from that specific custodian, from these specific date ranges, because it affects the case in this way. After that, it’s just an issue of having the tools to get those specific items easily and cost effectively.

In Henson v. Turn, the judge cited a case from 2006 (Sony BMG Music v. Arellanes), where a request was made for an imaging of an entire hard drive, and it was determined that the production would reveal irrelevant data, when all that was needed were specific emails. Now we have technology which allows us to target specific emails and other data on a computer. We can deNist and deDupe, we can redact, we can do all kinds of things within our eDiscovery tools which keep data within the scope and proportionality of a request. It wasn’t always so. It took the creators and innovators of technology to make it a relatively easy and standardized process.

This technology made the cries of “overburdensome discovery” seem moot. No discovery is overburdensome these days when you can pinpoint the exact data that is relevant in the case. You just have to ask for it. With the onus on the requester to follow the guidelines of FRCP Rule 26, if you make a request that’s overburdensome, you’re just being lazy. And judges aren’t having it.

With this case’s highlighting of the role of privacy in Rule 26, I think leaders in the eDiscovery industry should be looking ahead in the same way that at least some of them were in 2006. How can we create tools that allow the handling of electronic data through the entire litigation process? Only now, instead of hard-drives full of emails and word documents, it’s data from a number of unique sources that live across platforms available on mobile devices and the Internet of Things.

The guidelines for proportionality and scope are very clearly laid out in the FRCP. The only difference is the need for tools that make the process easier considering the digital landscape that exists in 2019, not just the one in 2006.

 

Written by Jim Gill
Content Writer, Ipro

 

Featured, Industry News

Introducing the New Ipro for desktop: eDiscovery Unplugged

Ipro for desktop
05
Aug

Ipro Tech, LLC, a global leader in eDiscovery and Trial software technology, announced today the release of its desktop deployed Ipro solution. Ipro for desktop runs in a dynamic dashboard that launches different modules in a stack and seamlessly flows data through the different phases of litigation: case management, administration, processing, review, fact management, and trial presentation with TrialDirector 360®. With this true all-in-one litigation platform, you can effortlessly manage reviews, unitize documents, ingest native files, and produce documents.

“A lot of hard work has gone into this release, and we’re excited to showcase the product and all its capabilities,” said Derek Miller, VP of Desktop Solutions at Ipro. “Our development sprints included valuable feedback from our customers, and this release has many of the features and functions our users want. We look forward to continuing these relationships to develop and build the best purpose-built litigation solution on the market.”

BigLaw Power, Small Firm Overhead

Ipro for desktop is a processing, review, and production solution that easily handles millions of records and is accessible by any number of users within your infrastructure.  It manages complex scanning by using batching or seamlessly inserting individual documents into families with numerous formatting options, including OCR.

By harnessing the power of Ipro’s built-in, cutting-edge processing engine, the streaming feature puts high-quality data into review twice as fast as other industry-leading desktop applications. And because it is locally deployed and can operate offline, no SQL backend or DBA is required.

Ipro for desktop can be deployed in less than an hour with all the functionality you need to review cases of any size, is approved for use by government agencies, and easily lets you migrate from the most popular legacy flat-file review databases.

And if your cases get too large for your physical infrastructure or need to be accessed online by co-counsel, they can temporarily be moved to the Ipro Cloud, giving you that extra horsepower on demand, allowing you to take on cases of any size or complexity without significant ramp-up time or monetary investment.

Julie Laboe, expert consultant and trainer in eDiscovery and litigation database programs and trial presentation software states, “I’m seeing the scenario [of small firms facing large data sets] more than ever before, and Ipro for desktop simply levels the playing field for small firms against the bigger players in any type of case.”

TrialDirector 360

In the Ipro for desktop solution, Review links directly to TrialDirector 360, so the user can simply right-click to integrate documents into Case Story and TrialDirector. With this Ipro for desktop release, enhancements to TrialDirector 360 include: Data Sync, allowing multiple users to collaborate and work on a case simultaneously; Import and Export Case functionality, allowing users to back up their cases and easily move from a desktop to laptop for use in trial; and enhancements with the document re-sequencer and exhibit label designer.

With Case Story, you can create and support facts with evidence at any phase of the litigation life-cycle. Rather than just tagging a document for later, users can cite the specific text or section of a document, link it to the “fact,” and call it up during presentation in TrialDirector 360. Other features in TrialDirector include the new transcript module, which allows sharing and searching of transcripts between modules, making your case-build efficient and simplified. It also provides improved Data Indexing and Streaming.

The lawfirm Salvi, Schostok & Pritchard uses TrialDirector as their go-to presentation software, and since making the transition, they have far more control and flexibility over their presentations and credit the ability within TrialDirector to effectively present evidence and paint a picture that resonates and reinforces their case for the jury to successful trial outcomes, including a recent $148 million personal injury award and a $50 million dollar birth injury award.

Free Training Offer on Ipro for desktop

Ipro for desktop, including Case Story and TrialDirector 360, were available for demonstration at the company’s annual user conference, Ipro Tech Show, held at Talking Stick Resort in Scottsdale, Arizona, April 29 – May 1. And as part of the product launch, two special sessions will be offered  for newcomers to learn more about Ipro for desktop with a demonstration, plus hands-on learning and interaction in the software, at Ipro’s Tempe, Arizona headquarters on September 5th, 2019. This event is limited to 16 people per session, and attendees will receive a $200 credit towards the deployment package if they decide to purchase the Ipro for desktop solution.

Contact us to begin your discovery

 

If you are a current Ipro Eclipse SE user, please contact your sales representative for more information about migrating.

Ipro – Simplifying the Process from Discovery to Trial.

About Ipro Tech, LLC
Ipro is a global leader in eDiscovery technology used by legal professionals to streamline discovery of electronic data through presentation at trial. Ipro draws upon decades of innovation to deliver high-performance software, services, and support, bundled as a solution and deployed the way you want it—Desktop, On-prem, or Cloud—significantly reducing the cost and complexity of eDiscovery.

 

Featured, Industry News

Where Does eDiscovery Fit in the Facial Recognition Conversation?

ediscovery facial recognition
30
Jul

Where Does eDiscovery Fit in the Facial Recognition Conversation?

For most of us, the concept of facial recognition – like so much technology of the last decade – began as a sci-fi detail we accepted on the big screen but didn’t give much thought to in our day-to-day lives. Then one day, our phones started tagging photos automatically, asking, almost sheepishly, “Is this you?” And just like that, the idea that an algorithm could learn to recognize our faces was real. But we’ve moved on from that innocuous beginning and now are treading more and more into the realm of another type of film (I’m thinking here of Brazil or Minority Report) where technology aids law enforcement in making our world a safer place, but also introduces new privacy and ethics conundrums when that technology fails or is corrupted. And, as always, eDiscovery has a place where legal and tech (in this instance law-enforcement and facial recognition) collide.

Law Enforcement, Facial Recognition, and Privacy Concerns

In a Washington Post article in July 2019, it was revealed that agents with the Federal Bureau of Investigation and Immigration and Customs Enforcement were using facial recognition software to scan state driver’s license databases, analyzing millions of Americans’ photos without their knowledge or consent.

In the past, police have used fingerprints, DNA and other “biometric data” collected from criminal suspects (think of those large binders of mugshots you always see victims flipping through in cop shows), but the photos in DMV records are of a state’s residents, most of whom have never been charged with a crime.

According to the Government Accountability Office, the FBI has logged more than 390,000 facial-recognition searches of federal and local databases, including state DMV databases, since 2011. Even though neither Congress nor state legislatures have authorized the development of such a system, and now lawmakers on both sides of the political spectrum are concerned.

“Law enforcement’s access of state databases,” House Oversight Committee Chairman Elijah E. Cummings (D-Md.) said is “often done in the shadows with no consent.” And Rep. Jim Jordan (Ohio), the House Oversight Committee’s ranking Republican, seemed particularly incensed during a hearing into the technology earlier this year.

“They’ve just given access to that to the FBI,” he said. “No individual signed off on that when they renewed their driver’s license, got their driver’s licenses. They didn’t sign any waiver saying, ‘Oh, it’s okay to turn my information, my photo, over to the FBI.’ No elected officials voted for that to happen.”

Off-The-Shelf Facial Recognition Tools for Law Enforcement

In Oregon, back in 2017, the Washington County Sheriff’s Office became the first law enforcement agency in the country known to use Amazon’s artificial-intelligence tool Rekognition, and almost overnight, the deputies of this small county in the suburbs outside of Portland had ramped up their investigative ability. With this off-the-shelf technology, they were able to scan for matches of a suspect’s face across more than 300,000 mug shots taken at the county jail since 2001. With that information, they can take a picture – perhaps captured by a security camera, social-media account, or cellphone – and link it to an identity.

But linking a photo to previous mug shots is analogous to the same action that happened prior to the addition of technology. It’s something detectives used to do manually but now are assisted with the use of AI. Still, there are significant problems with the technology itself.

Facial Recognition Bans Due to Concerns Ranging from Privacy to Racial Equity

Some places have already taken measures to ban face recognition software. In 2019, San Francisco became the first city to ban the technology for law enforcement and government agencies. Similar measures are under consideration in Oakland and Massachusetts. Lawmakers in California are also considering a statewide ban on facial recognition programs.

To add to that list, the largest manufacturer of police body cameras, Axon, is rejecting the possibility of selling facial recognition technology at the recommendation of an independent ethics board which it created last year after acquiring two artificial intelligence companies.

In a 42-page report, the ethics panel found that face recognition technology is not advanced enough for law enforcement to depend on, with concerns ranging from “privacy costs to racial equity.” In fact, the technology was found to be less accurate in identifying the faces of women than men, and younger people compared to older ones. The same was true in people of color, who were harder to correctly identify than white people.

But the lack of regulation or precedent means that, while the technology is being banned in some places, it’s being pursued in others. For instance, Detroit reportedly signed a $1 million deal for software that let it continuously monitor “hundreds of private and public cameras set up around the city,” including gas stations, restaurants, churches and schools, according to the New York Times.

Facial Recognition and eDiscovery

So where does facial recognition fit in eDiscovery? As with any emerging technology, it’s worthwhile for those of us in legaltech to stay abreast of these changes. For one, any new technology is potential ESI that must be discoverable should a criminal or civil case arise in which that electronic data is evidence. Often, people in legal circles might argue, “That hasn’t happened yet, so we’ll worry about it later.” Then again, people a few decades ago might find it unbelievable that data from a phone app (“phone app?” they might add with a puzzled look) meant for requesting rides from a stranger would be used in a nationally covered murder case.

But there is also the notion that facial recognition tools might be used to help attorneys and litigation support specialists do their work. In fact, the company Veritone recently announced an AI eDiscovery tool that makes unstructured data searchable by keywords, faces, and objects.

As technology continues to forge ahead, it’s important that the legal world engages in the conversations surrounding these technologies, before they find themselves deeper in the state of catch up many say they’re already playing.

 

Written by Jim Gill
Content Writer, Ipro