Doar June 2009 Newsletter
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from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com ATTEND OUR WEBINARS Join the E-Volution! Analytics Based Discovery
View Now
Gain the Upper Hand! E-Discovery as a Strategic Advantage View Now
CONTACT DOAR 800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY Traditional document review for relevancy and privilege has proven to be less accurate, more burdensome and costly as the size of ESI continues to grow. The use of data analytics and conceptualization is revolutionizing the discovery process by significantly streamlining and, in many instances, bypassing costly, linear document review methods. When used correctly, analytics can ensure a more thorough review of your data as well as the opposition’s and give you a distinct strategic advantage by providing early insight into the document population, speeding up the production process and ultimately avoiding unnecessary costs. There are many different tools available today that provide various types of data analytics for content analysis and early case assessment. Some lend themselves to search term refinement while others offer insight into social interactions and discussion patterns. Then there are those that provide a deeper level of contextual awareness that allow you to see information based on subjective details and group like data together. Traditional Techniqu es The traditional culling process relies heavily on purely objective methods at refining the total population down to the most responsive set.
DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 1
from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com CONTACT DOAR 800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY The limitations with this process are bound by many factors including the case specific knowledge of the person structuring keyword terms, the type of data that exists and the use of language and possible jargon associated with correspondence for the individuals being examined. Every search effort results in “False Hits”, those documents that were brought into the responsive set just because they contained the keyword term but have absolutely nothing to do with the discovery effort, as well as “Missed Hits”. The latter represents the responsive documents that do not contain the keyword terms and are never brought into the review at all. The goal is to limit the number of documents that fall into these two categories and data analytics is the missing piece that fills that gap. Impact of Analytics Contextual relationships offer a different view into the document population and present patterns that may exist across the data set so you can start to see what relevance really represents early on. It will also group similar information together based on pre-determined content or some other statistical relevance which in turn lets you speed up the decision making process. Moreover, the application of this type of methodology lets you maintain consistency across the entire document review process and avoid discrepancies in the subjective coding of similar documents across different reviewers. These techniques can be applied to virtually any phase of the litigation process. Business rules can be set up to monitor communication between specific employee groups in an organization for inappropriate dialog. Companies performing internal investigations can determine risk much sooner than they normally would through a traditional approach. Data collection and document review can target those data sources that contain the most responsive documents without being hindered by search term limitations.
DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 2
from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY
CONTACT DOAR
Post discovery analyses during depositions as well as preparation and real time search at trial have proven to be major advantages in the fast paced process of litigating a trial.
800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
Accelerating Document Review DOAR has successfully utilized data analytics to quickly identify irrelevant documents and remove them from the review stream thereby significantly speeding up the overall effort. Domain name isolation and classification allows for further refinement in both exclusion and inclusion of document groups. Using analytics to find potentially privileged documents helps to ensure that the appropriate safeguards have been put into place because it casts a wider net to identify those documents based on content, and not just email address or the typical privileged language. However, the use of these techniques does not only allow you to review documents that you need to produce faster, but it offers a distinct advantage at gaining insight into the production that you are receiving. For example, you can use documents that are most relevant to the case in your possession to quickly isolate other similar documents received from opposing counsel and determine to what extent they are in compliance with the document request. Eliminating Document Review There are many circumstances that allow a party to completely bypass the manual document review process when utilizing data analytics. Several factors go into making this decision. One pair of which being the type of data that is available and the level of reliability that goes along with it. For example, while the use of analytics across scanned documents with OCR is far superior to standard keyword searching, the percentage of inaccuracies associated with the OCR process can possibly throw off the analysis. On the other hand, certain types of native electronic data can be put through the conceptual categorization, issue coding and privilege segregation process with a high degree of accuracy and consistency and be put straight through DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 3
from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com CONTACT DOAR 800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY to production without additional manual review. This methodology considerably lowers the cost of discovery, allowing corporations to perform much of the review in house while letting outside counsel focus on more substantive issues sooner. Defensibility Considerations With the added benefits that technology has to offer, it is important to understand that the methodology used is the key to defending the process. The decision to use one solution over another is a major consideration that one has to make at the outset of a new matter because the rest of the process will rely on the various nuances of that particular tool. When using technology, it is extremely important to design a system for documenting each step of the process so that you can essentially ‘playback’ the steps taken and the decisions that drove them. The consistency of decisions made, coupled with the safeguards put in place, will help to prevent privilege waiver in case something does get inadvertently produced. Above all, the reliance on experts for the entire process can offer an even greater assurance that the process is sound. You should make sure that the capabilities, expertise and experience are there before making the decision to engage one firm over another. Document review is by far one of the most time consuming and expensive phases of litigation. DOAR has many people rethinking the way they conduct document review by using analytics as part of a defensible discovery plan. Join the E-Volution and learn how data analytics can help you avoid the unnecessary delays and costs associated with traditional thinking. Contact DOAR today.
DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 4
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com ATTEND OUR WEBINARS Join the E-Volution! Analytics Based Discovery
View Now
Gain the Upper Hand! E-Discovery as a Strategic Advantage View Now
CONTACT DOAR 800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY Traditional document review for relevancy and privilege has proven to be less accurate, more burdensome and costly as the size of ESI continues to grow. The use of data analytics and conceptualization is revolutionizing the discovery process by significantly streamlining and, in many instances, bypassing costly, linear document review methods. When used correctly, analytics can ensure a more thorough review of your data as well as the opposition’s and give you a distinct strategic advantage by providing early insight into the document population, speeding up the production process and ultimately avoiding unnecessary costs. There are many different tools available today that provide various types of data analytics for content analysis and early case assessment. Some lend themselves to search term refinement while others offer insight into social interactions and discussion patterns. Then there are those that provide a deeper level of contextual awareness that allow you to see information based on subjective details and group like data together. Traditional Techniqu es The traditional culling process relies heavily on purely objective methods at refining the total population down to the most responsive set.
DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 1
from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com CONTACT DOAR 800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY The limitations with this process are bound by many factors including the case specific knowledge of the person structuring keyword terms, the type of data that exists and the use of language and possible jargon associated with correspondence for the individuals being examined. Every search effort results in “False Hits”, those documents that were brought into the responsive set just because they contained the keyword term but have absolutely nothing to do with the discovery effort, as well as “Missed Hits”. The latter represents the responsive documents that do not contain the keyword terms and are never brought into the review at all. The goal is to limit the number of documents that fall into these two categories and data analytics is the missing piece that fills that gap. Impact of Analytics Contextual relationships offer a different view into the document population and present patterns that may exist across the data set so you can start to see what relevance really represents early on. It will also group similar information together based on pre-determined content or some other statistical relevance which in turn lets you speed up the decision making process. Moreover, the application of this type of methodology lets you maintain consistency across the entire document review process and avoid discrepancies in the subjective coding of similar documents across different reviewers. These techniques can be applied to virtually any phase of the litigation process. Business rules can be set up to monitor communication between specific employee groups in an organization for inappropriate dialog. Companies performing internal investigations can determine risk much sooner than they normally would through a traditional approach. Data collection and document review can target those data sources that contain the most responsive documents without being hindered by search term limitations.
DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 2
from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY
CONTACT DOAR
Post discovery analyses during depositions as well as preparation and real time search at trial have proven to be major advantages in the fast paced process of litigating a trial.
800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
Accelerating Document Review DOAR has successfully utilized data analytics to quickly identify irrelevant documents and remove them from the review stream thereby significantly speeding up the overall effort. Domain name isolation and classification allows for further refinement in both exclusion and inclusion of document groups. Using analytics to find potentially privileged documents helps to ensure that the appropriate safeguards have been put into place because it casts a wider net to identify those documents based on content, and not just email address or the typical privileged language. However, the use of these techniques does not only allow you to review documents that you need to produce faster, but it offers a distinct advantage at gaining insight into the production that you are receiving. For example, you can use documents that are most relevant to the case in your possession to quickly isolate other similar documents received from opposing counsel and determine to what extent they are in compliance with the document request. Eliminating Document Review There are many circumstances that allow a party to completely bypass the manual document review process when utilizing data analytics. Several factors go into making this decision. One pair of which being the type of data that is available and the level of reliability that goes along with it. For example, while the use of analytics across scanned documents with OCR is far superior to standard keyword searching, the percentage of inaccuracies associated with the OCR process can possibly throw off the analysis. On the other hand, certain types of native electronic data can be put through the conceptual categorization, issue coding and privilege segregation process with a high degree of accuracy and consistency and be put straight through DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 3
from DISCOVERY to DECISION
June 2009 Newsletter VISIT OUR WEBSITE www.DOAR.com CONTACT DOAR 800-875-8705 170 Earle Avenue Lynbrook, NY 11563 [email protected]
JOIN THE E-VOLUTION! ANALYTICS BASED DISCOVERY to production without additional manual review. This methodology considerably lowers the cost of discovery, allowing corporations to perform much of the review in house while letting outside counsel focus on more substantive issues sooner. Defensibility Considerations With the added benefits that technology has to offer, it is important to understand that the methodology used is the key to defending the process. The decision to use one solution over another is a major consideration that one has to make at the outset of a new matter because the rest of the process will rely on the various nuances of that particular tool. When using technology, it is extremely important to design a system for documenting each step of the process so that you can essentially ‘playback’ the steps taken and the decisions that drove them. The consistency of decisions made, coupled with the safeguards put in place, will help to prevent privilege waiver in case something does get inadvertently produced. Above all, the reliance on experts for the entire process can offer an even greater assurance that the process is sound. You should make sure that the capabilities, expertise and experience are there before making the decision to engage one firm over another. Document review is by far one of the most time consuming and expensive phases of litigation. DOAR has many people rethinking the way they conduct document review by using analytics as part of a defensible discovery plan. Join the E-Volution and learn how data analytics can help you avoid the unnecessary delays and costs associated with traditional thinking. Contact DOAR today.
DOAR Litigation Consulting 170 Earle Avenue, Lynbrook, NY 11563
Phone: 800.875.8705 E-mail: [email protected] Web: www.doar.com
pg 4
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