Document Review

  • Structured Data
    Technology Advantage

    The Growing Source of ESI: Structured Data and Messaging Platforms

    It takes a minute to come to terms with the definitions of "structured" and "unstructured" data. It seems logical to associate “formatting,” such as the formatting that comes with word documents (indentation, headers and footers, paragraphs, etc.) with “structure,” but the terms are used very differently when it comes to describing data. This blog will explore structured data, particularly as it pertains to the preservation, collection, processing, review and production of such data, using the Slack instant communication tool as an example.

  • Big Claws
    Legal Updates

    My My, What Big Claws You Have! Navigating the Pitfalls of Drafting Clawback Agreements

    One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become standard protocol for parties to enter into clawback agreements that protect sensitive electronically stored information (ESI). Clawback agreements allow parties to agree that the inadvertent production of privileged information will not automatically waive the privilege and provide a process for the return or destruction of that privileged material.

  • Advanced Analytics
    Legal Updates

    Taking Advantage of Advanced Analytics: Beyond First Level Document Review

    Picture this: Your team has completed the first level and quality control reviews. Your documents have been produced, your privilege log is out the door and you have just received the incoming document production from the opposing party. Now you have a universe of documents with the potential to be used as deposition exhibits, in expert reports, and as trial exhibits. It would be nice if there was a way to take advantage of your previous work identifying hot documents during first level and quality control reviews by using them to identify documents with similar issues or themes in the opposing parties production. You and your team spent days, weeks, or even months reviewing documents for production. Leveraging this time (and costs) would be greatly appreciated by your client. But is that even possible? Yes it is! 

  • Gnarly World of Native Files
    Technology Advantage

    Part Three of ESI Basics: The Gnarly World of Native Files

    This is Part Three of a continuing series on ESI basics. In this series, we cover some of the terms used most often on the tech-side of e-discovery. In Part One, we provided an overview of PSTs. You can find that article here. In Part Two, we provided a primer on data processing. You can find that article here.  Whether this is an introduction to you or a refresher, and whether you are an attorney, member of an in-house team or data analyst, this information may come in handy in your practice.

  • Redacting Sensitive But Not Privileged Information
    Legal Updates

    Redacting Sensitive But Not Privileged Information: Surveying the Cases For and Against – PART ONE

    In an era of massive spreadsheets, expansive power points, and wide ranging email discussions, there are innumerable documents that may contain tremendous amounts of non-relevant and sensitive information which the opposing side would not be entitled to at all, except for that information’s proximity to minimal amounts of relevant information. Not all courts have come out in the same place on redacting non-responsive information, however, and there appears to be a dearth of controlling law or general consensus. In this article we will survey a cross section of relevant cases on both sides of the issue.