From the President

As you know, e-discovery has become an engrained part of litigation in our country and it continues to evolve at a very rapid rate. The spectrum of e-discovery has gone way beyond email and has expanded into new technologies very quickly. Instant and text messages, blogs, voicemails, voice over internet protocol (VOIP) and Facebook pages, to name a few, have become a common part of discovery that need to be collected, processed, culled and reviewed.

With the goal of providing information that can help you in your e-discovery process, we have devoted this entire issue to e-discovery issues, and we hope you find the articles and tools useful.

Please send us information regarding any part of the discovery process that has helped you in your practice so we can share it with our readers.

Best regards,
Sheila Atkinson-Baker

Drowning in International Waters? How to Stay Abreast of Treacherous Cross-Border E-discovery Issues

By Philip Favro

The sweeping effects of globalization continue to transform the economic fortunes of many organizations. Companies that were previously content to limit their business operations to the U.S. are now branching into international markets in an effort to increase their revenues. As organizations push farther into unchartered economic waters, they are frequently encountering a range of murky legal issues. These issues, particularly cross-border discovery matters, can mushroom into costly and time-consuming tsunamis. Three cross-border discovery issues that have the potential to drown unsuspecting corporations in excess legal fees, lost opportunities, and legal minutiae include:

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Predictive Coding 101 & the Litigator’s Tool Belt

By Matthew Nelson

Query your average litigation attorney about the difference between predictive coding technology and other more traditional litigation tools, and you are likely to receive a wide range of responses. The fact that “predictive coding” goes by many names, including “computer-assisted review” (CAR) and “technology-assisted review” (TAR), illustrates a fundamental problem: what is predictive coding and how is it different from other tools in the litigator’s technology toolbelt™?

Predictive coding is a type of machine-learning technology that enables a computer to “predict” how documents should be classified by relying on input (or “training”) from human reviewers. The technology is exciting for organizations attempting to manage skyrocketing eDiscovery costs because the ability to expedite the document review process and find key documents faster has the potential to save organizations thousands of hours of time. In a profession where the cost of reviewing a single gigabyte of data has been estimated to be around $18,000, narrowing days, weeks, or even months of tedious document review into more reasonable time frames means massive savings for thousands of organizations struggling to keep litigation expenditures in check.

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