Tag Archives: eDiscovery trends

Zoom Boom: eDiscovery Considerations Around Videoconferencing

eDiscovery and Videoconferencing

Zoom Boom: eDiscovery Considerations Around Videoconferencing
Written by Jim Gill, Content Chief, Ipro

With many of us now working from home in response to the COVID-19 pandemic, the reality of using videoconferencing software like Zoom, Teams, and other such platforms has become a regular part of the day-to-day. This was already becoming a trend with a significant part of the workforce dispersed, but as early as February 3rd, Zoom CEO Eric Yuan said they were seeing record usage in response to the virus. Now with mandated shelter-in-place orders and some companies moving to a one-hundred percent remote-work model, this usage continues to grow.

So how does videoconferencing affect eDiscovery? Here are 3 Things to Consider:

Recording Laws and Jurisdictions

There are both state and federal laws in the United States around recording conversations (including electronic conversations). Most states require one-party consent, which can come from the person recording if present on the call. However, some states require that all parties to a call consent to recording. In today’s world, there are often multiple people on a call from different jurisdictions (nationally and globally), which raises additional complications.

In a white paper by Matthiesen, Wickert & Lehrer, they raise the issue of deciding on which laws apply to any given call. “Some states require the consent of all parties to the conversation, while others require only the consent of one party. It is not always clear whether federal or state law applies, and if state law applies which of the two (or more) relevant state laws controls. A good rule of thumb is that the law of the jurisdiction in which the recording device is located will apply. Some jurisdictions, however, take a different approach when addressing this issue and apply the law of the state in which the person being recorded is located. Therefore, when recording a call with parties in multiple states, it is best to comply with the strictest laws that may apply or get the consent of all parties.”

Scope and Proportionality

Under the Federal Rules of Civil Procedure, Rule 26 determines which Electronically Stored Information (ESI) falls within the scope of the case, and if that information is proportional to the needs of the case. In other words: what information can be requested as evidence? This also applies to video and audio files.

Two points are taken into consideration when determining scope: the information requested must be relevant to the outcome of the case, and it cannot be privileged. So when it comes to recorded video conference files, they have to meet these two guidelines to even be considered within the scope of a case.

If conference recordings fall within the scope of a case, 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

Collection, Processing, and Review of Videoconference Data

Knowing what you have before collection puts you a step ahead when starting the eDiscovery process, so work with your IT Director to document and understand all of the videoconferencing software your organization uses and how data from these programs can be extracted.

In a recent article by Gina M. Vitiello, shareholder in the Atlanta office of Chamberlain Hrdlicka, and Patrick Kennedy, director of eDiscovery at Andrews Myers, the authors remind us that it’s not just the audio and video data that is created during a videoconference, but other information and metadata is created as well.

“Most [videoconferencing apps] allow the recording to capture not only what the speakers on the call say, but any screens that are shared, side conversations that occur in the chat window and a full list of participants who have logged into the meeting.”

Another thing to understand is where the data resides after the call is over and how it is affected by company retention policies.

The article adds, “eDiscovery hinges on collecting the right electronically stored information from the right places. Those places can include such things as email boxes and network share drives from individuals who are involved in the suit. But as we have learned, eDiscovery professionals should also ask where meeting software file recordings are stored so those locations can also be included in the collection.”

As with any unique source of ESI, having a process in place ahead of litigation on how to collect and process this data for review will greatly cut down on roadblocks later.

 

For more on understanding how different data sources can affect your eDiscovery process
Download the Ipro Pre-Litigation Data Inventory Checklist

Ipro Pre-Litigation Data Checklist

Ipro Announces Strategic Partnership with NetGovern, Helping Legal Teams to Meet the Challenges of “ZettaByte Scale” eDiscovery

Ipro Netgovern Partnership

Ipro, a global leader in eDiscovery and Trial software technology, announced today a strategic partnership with NetGovern. This partnership will provide an innovative approach for customers to perform Early Data Assessment (EDA), enabling the rapid review of relevant data before it is ever collected, thereby dramatically lowering expensive eDiscovery costs.

Cloud and On-Premises data repositories containing zettabytes (i.e., billions of documents) are now the norm, and collecting from various storage locations has become a real challenge for in-house legal counsel. NetGovern allows real-time, consolidated access to multiple sources of enterprise unstructured data, enabling legal teams to effectively make tactical decisions prior to preserving or duplicating Electronically Stored Information (ESI). Combining this functionality with Ipro’s best-in-class capabilities – including data processing, enhanced visual analytics, new intuitive document review, and trial solution – creates what is possibly the industry’s most flexible, scalable, and powerful eDiscovery experience.

With this partnership, Ipro expands its offerings to help legal teams perform investigations for litigation and internal matters, assess compliance & security risks, protect intellectual property, respond to eDiscovery, subpoenas, and public record requests, and ultimately prepare for settlement or trial.

“Searching through billions of documents and creating legal holds from multiple sources, such as Office 365 mailboxes and applications, on-premises file shares or Box, is how we make a difference every day. We are excited to take part in helping our mutual customers make confident decisions much earlier in the process,” says Pierre Chamberland, Founder & CEO of NetGovern.

Dean Brown, CEO at Ipro Tech, adds, “As corporate data continues to grow, innovative approaches to eDiscovery are necessary. Ipro continues to invest in this market to stay ahead of the demands of eDiscovery and ensure our clients gain insight into the complexities of today’s data-filled world.”

Both Ipro and NetGovern reiterated their continued commitment to provide their customers with flexible deployments whether On-Premises, or fully-hosted in Public & Private Clouds.

During Legalweek 2020 in NYC, both companies will answer questions and celebrate this partnership at its “Game On eDiscovery!” event at Faces and Names on Feb 5, 2020. For information about scheduling a meeting, contact us here: https://iprotech.com/contact-us/

About NetGovern
NetGovern’s information archiving and governance software helps organizations solve data compliance, safeguard personal information, simplify eDiscovery and protect their reputation. Our all-in-one solution offers the fastest speed to value, lowest cost of ownership, and most secure visibility of sensitive information found in messages and files, independent of storage location. https://www.netgovern.com/

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, Cloud, or Hybrid—significantly reducing the cost and complexity of eDiscovery.
https://iprotech.com

 

 

 

Ipro Chats with George Socha About eDiscovery Trends for 2020

eDiscovery trends 2020

Ipro Chats with George Socha About eDiscovery Trends for 2020

It’s that time again where everyone is posting their predictions on the most important trends in eDiscovery for the new year. Luckily, I had the good fortune to recently speak with one of the industry’s leading voices, George Socha, about where he thinks the focus will be in 2020.

He targeted three areas which are emerging, expanding, and going to “hugely change the eDiscovery landscape we face.”

Here are some of the highlights:

Mobile:

“If you think of how we live our lives today – how we communicate with people and the device we constantly have with us, tracking communications, giving us access to data, tracking where we go, what we do, what we buy, what websites we visit – it’s with our mobile devices.

“And If the goal of eDiscovery, of discovery in litigation and investigations, is to figure out what happened, you have to get to the content on those devices, and the content not on but available through those devices.

“All too often, the cost and inconvenience of collecting mobile data is an insurmountable barrier. Then the next barrier we must get past is in processing that data in a way that actually makes it available and usable on a reliable basis. And then after that, the display of that content within the tools we use for analyzing and reviewing it, so it can be worked with intelligibly.”

AI:

“There is the AI we use today in eDiscovery: different names for supervised machine learning, where you say, ‘This is what I like’ and then you say to the system, ‘Now go find more of that for me’; and then there is unsupervised machine learning, which makes things such as email threading possible.

“Which takes us to the AI we’re not using or not using so much yet. The forms of predictive analytics, for example, that could in theory guide us so that if you are answering a complaint, you work with a system that has a wealth of information about previous complaints and answers to complaints, and it suggests to you what answer you might want to put together, and then lets you go from there. That’s just one potential example. The range of possibilities is enormous and includes not only what we can do for litigation, but what we can do in virtually every other area of the practice of law. But we’re still on the beginning of the up-ramp for that, and we’ve got a long way to go.”

The Cloud:

“The cloud, for eDiscovery purposes, is important in two different ways. First, the cloud is where so much of the data we need to get at is stored today. A very high percentage of corporations of all sizes have data in the cloud. I’ve seen numbers that range anywhere from 40% or so to 92% and higher, but whether it’s 40% or 90%, that’s a pretty high percentage, and for discovery purposes will have to be treated as 100%. How do you find that data? How do you gain access to it? Can you use it where it’s stored for eDiscovery purposes or do you need to port that data or some portion of it over for use at another location?

“Then the other side is, are the eDiscovery systems you use operating in the cloud. Do they store data in the cloud, operate locally, or are they a hybrid of the two? Increasingly, I think we’re going to see systems that are exclusively operating in the cloud and storing data primarily in the cloud with data available locally for convenience purposes.”

For the full conversation with industry veterans George Socha, Derek Miller, Ryan Joyce, and Sarai Schubert, all talking about their earliest days working in legal tech over the past three decades and giving their insights into what they see happening in 2020 and beyond, visit us here:

30 Years of eDiscovery: Industry Veterans Discuss Where We’ve Been & What the Future Holds

 

Written by Jim Gill
Content Writer, Ipro

Top 10 eDiscovery articles of 2019

Top 10 eDiscovery articles of 2019

There were plenty of things happening in the world of eDiscovery this year, and the Ipro Newsroom was there to cover it – Here are our top 10 articles of 2019!

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

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

#2: The eDiscovery Impostor and How to Spot Them

eDiscovery impostorTechnology is only as good as its users, which means you have to be on the lookout for impostors in eDiscovery.

#3: AI in eDiscovery: Expectations vs. Reality

AI in eDiscoveryWhen people in eDiscovery hear the term AI, they think science-fiction, with robot lawyers doing the work. But in reality, AI is an amazing tool, which allows attorneys to more effectively do what they’ve always done: practice law.

#4: Redaction Errors in Federal Opioid Case Reveal Importance of Legal Technology

legal redaction technologyFor those in the legal industry, redactions are a part of everyday life. But this doesn’t mean they’re mundane! Failure to redact or make sure that redacted content isn’t produced can be case ending (and job ending for the person responsible for the error).

#5: 5 Ways Paralegals Can Quickly Sharpen their eDiscovery Skills

eDiscovery ParalegalsBecoming an eDiscovery specialist can really set you apart from other paralegals & lead to expanded career opportunities, but the challenges of eDiscovery aren’t often a traditional part of a paralegal’s training. Here are 5 ways to start sharpening your eDiscovery skills!

#6: 5 Reasons Your Legal Team is Being Held Back by Legacy eDiscovery Software

legacy eDiscovery softwareChange Can Be Daunting: Here are 5 reasons why continued use of unsupported legacy software is a ticking time bomb in your eDiscovery process.

#7: eDiscovery Technology for Small Law Firms? The Answer Isn’t Necessarily Found in the Cloud

This is where small firms find themselves stuck: either they adopt cloud-based solutions that were built with larger users in mind or they are left with outdated, unsupported desktop solutions. It’s no wonder many of them simply stick with the old way of doing things. But instead of a “go cloud or do nothing” approach, the small firm solution might be a powerful, locally deployed, low-overhead eDiscovery suite.

#8: How to Turn eDiscovery into Baby Carrots: 5 Models for Recovering your Law Firm’s eDiscovery Costs

ediscovery costsMost law firms see eDiscovery as a cost they simply have to absorb. Others will outsource eDiscovery work and pass the bill on to the client. However, with the right cost recovery tactics, the litigation support team can become one of the most profitable divisions in the firm or agency, essentially turning a cost center into a profit center.

#9: Two Murder Investigations Highlight the Role of eDiscovery in Criminal Investigations

ediscovery in criminal investigationsMobile phone data, GPS, social media, surveillance video, and other new media types are continually being used to investigate criminal cases and bring them to trial. Since the use of these types of data are being used to solve crimes, attorneys and courts must be prepared to handle the electronic data while trying these cases.

#10: The Forgotten Middle Child of the EDRM: eDiscovery Processing Challenges and How Technology Can Help

eDiscovery ProcessingThe processing stage of eDiscovery is like the forgotten middle child of the EDRM. Most people are focused on focused on collection or review, while the the processing stage – which falls between those steps – is just expected to happen. Like magic. But processing isn’t magic. And it shouldn’t be overlooked.

 

Are you interested in the top 10 eDiscovery memes of the year? Click here!

In eDiscovery, a Sense of Humor Helps

eDiscovery memes

Ipro’s Top 10 Legal Technology Memes for 2019

A sense of humor isn’t required to work in eDiscovery. But it sure does help! To wrap up 2019 and continue celebrating our industry, Ipro has compiled our top Legal Technology memes of the year.

#1: Defining AI in eDiscovery…

eDiscovery and AI

There are a lot of claims of “Artificial Intelligence” in the market, but when people hear the term AI, they often think of science-fiction, with robots doing the work that humans had done before. But as Aaron Swenson, Director of Product at Ipro, says: “In Legal, you don’t want the AI doing the work for you. You want it to help you ask the right questions, show you insightful trends in the data.”

#2 Stuck in the Past…

eDiscovery data culling

There’s no doubt that eDiscovery education is still a great need in the industry. A lot of law firms and corporations are left using outdated technology and workflows, trudging along with a “It’s not broken, so why fix it” attitude. Maybe it’s time they head Back to the Future.

#3: If only there were technology to help with that…

redaction errors

Doing redactions manually is a recipe for disaster! Tools like Ipro’s Production Shield (which is included in our enterprise and desktop eDiscovery solutions) allow administrators to add another layer of protection for documents that should not be produced.

#4: Things don’t always go as planned…

mobile data imaging

Because of privileged information on mobile devices, the courts are mindful about data requests. But in a recent case, the plaintiff’s complaint actually worked against their desire to keep their device from being imaged.

#5: Complex doesn’t have to look crazy…

trial presentation meme

There is a better way to organize and present the evidence in your case! Technology that utilizes the combination of fact management & trial presentation tools can make your day in court so much easier.

#6: Doing things the same since 2009…

linear review

Ten years ago, you didn’t really have a choice. But these days, with TAR, email threading, and concept searches, large datasets don’t have to be a slog.

#7: Perry Mason didn’t need TrialDirector to win…but you might

trialdirector perry mason

“Your allowing me to go into court without complete knowledge of the facts is inexcusable.”

#8: Are you serious!?

eDiscovery software

A recent Thomson Reuters survey found that only 19% of small law firms had eDiscovery technology, and an Altman Weil survey found that 69% are resistant to change. If those stats don’t motivate you, maybe this little girl’s side-eye will!

#9: Wait, there are rules in eDiscovery!?

judge judy eDiscovery

Avoid this look from your judge & brush up on the eDiscovery rules with the Ipro FRCP Cheat Sheet!

#10: Heirloom eDiscovery

eDiscovery upgrade

Ah, good old legacy software like grandma used to use…with limited processing capabilities, issues with file type compatibility, a lack of continued development and support. A decade is here! Time for an upgrade.