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In many instances, the “completion” (pretrial presentation) of an eDiscovery project is the “production” of documents that will meet the requests made by the other side. The challenge in meeting production requests and specifications can be the variety of document types – from generic (Microsoft) Word and Excel documents to (Adobe) PDF. Some collections may also include CAD drawings, videos, or obscure file formats that are proprietary to an industry. Documents may contain privileged information, trade secrets, Personal Health Information, or Personally Identifiable Information (PII), which require redaction for appropriate protections.
Since productions themselves are meant to contain the relevant documents, a well-thought-out production process is key to both meeting the needs of the production request and the needs of the client. Through many years of experience in creating productions, we’ve been able to identify a number of issues that may arise, and offer suggestions on how to resolve them.
Short for Health Insurance Portability and Accountability Act, HIPAA provides standards to protect the privacy of personal health information. To improve the efficiency and effectiveness of the health care system, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Public Law 104-191, included “Administrative Simplification” provisions that required HHS to adopt national standards for electronic health care transactions. Congress incorporated into HIPAA provisions that mandated the adoption of Federal privacy protections for individually identifiable health information.
Since the amended United States Federal Rules of Civil Procedure have taken effect in 2006 to incorporate electronically stored information as discoverable, technology in the legal space involves an interesting mix of forensics, e-discovery and review. There are now software companies that have done a great job in bridging the gap from forensic collections to data analysis and data/document review.
As electronic documents continue to dwarf paper documents and assume growing importance as a component of many legal proceedings, firms are searching for new and effective ways to tackle the cumbersome tasks associated with document review. Electronic discovery requires the investigation and review of data, be it email or spreadsheets, as well as the use of the right tools to search data during each stage of litigation. Effectively knowing how to search for electronically stored information is a challenge for many attorneys.
Organizations that face complex litigation events are better prepared to face their ediscovery challenges when the stakeholders have taken steps to align their agendas, business processes, and IT infrastructure investments at the onset. Under this scenario, the ediscovery document review and collaboration platform should have the scale, performance, and infrastructure capabilities to support multiple data formats, complex workflows, and granular security, work product, and data segregation models while still meeting review and production turnaround objectives and cost constraints.
“Do I have access to the back-end database?” As rudimentary as this question may seem, it is imperative that law firms and organizations clearly understand “eDiscovery review software” (“ERS”) and the database features, functions and benefits prior to “signing on the dotted line.” While review tools can empower users to control millions of records, manage multiple users, create critical security layers and potentially integrate with other software, understanding an ERS’s underlying database structure and the potential to access the data within it is a critical factor as “with great power comes great responsibility.”
XERA Advanced Analytics with Xmplar™ Custom Find Similar Technology – A Powerful New Way to Search and Find the “Gotcha” Document
Gotcha. The Smoking Gun. No matter how you refer to it, searching for – and, more importantly,
finding that crucial “ah ha” document in a sea of electronic data is critical to conducting effective legal
reviews. As electronic documents continue to dwarf paper documents and assume growing importance
as a component of many legal proceedings, firms are searching for new and effective ways to tackle the
cumbersome tasks associated with document review. We are all well aware of the human resources
and man-hours required to sift through thousands or even millions of emails, spreadsheets, contracts
and correspondence. In many instances, present legal review search technology provides limited
results—while in others it doesn’t locate the precise documents you need to find at all. In most cases,
“not finding” the right document can determine the success or failure of a legal proceeding. Hence, we
need to keep an open mind to emerging technologies that can have a positive impact on cases.