Monday, November 28, 2011

What Are The Top 5 Tips to Choose the Best E-Discovery Solution?

There has been a rapid increase in the number of regulatory audits, lawsuits and corporate investigations in the recent past, and this has made the organizations to spend more and more money on e-discovery solutions. The skyrocketing cost of ediscovery services is now a major challenge worrying most organizations. On hand, the cost of e-discovery management services is very high, on the other hand, most e-discovery companies are unable to deliver value to their clients.

And this scenario has given a rise to a number of apprehensions about adopting e-discovery solutions. In reality, ediscovery services can be immensely beneficial and can give high ROI, if and only the companies can clearly evaluate the features of the services offered, and choose an efficient and cost-effective e-discovery partner. What should an organization do just to determine the right partner for e-discovery?

In choosing the most appropriate e-discovery solution for your organization, here below are some tips that can be helpful for you:

Tip 1-Ensure industry standards are met: The  entire range of processes as defined by the Electronic Discovery Reference Model (EDRM), should be covered by every e-discovery solution, where EDRM is a standard prescribed by the e-discovery industry. You have to make sure that your solution covers everything from information management, identification, preservation, and collection, to processing and early case analysis. Then, you will certainly be free from trouble.

Tip 2- Check for flexibility and affordability: Without impacting employee productivity, Ediscovery solutions should be executed. This is an essential feature and this is to ensure that there is no disruption in the production environment. Furthermore, the solutions adopted should be cost-effective and should guarantee better ROI.

Tip 3- Assess search capabilities: A good e-discovery solution should be able to provide a generally sophisticated and rich search capabilities. All natural language-based searches in email messages, attachments, common metadata and simple text strings, are to be performed. The names, verbs and documents should also be differentiated. Take for example, 'Will', could mean a name, a legal document or simply a verb. Take note that an  effective e-discovery litigation support solution will be able to easily differentiate these and provide accurate results.

Tip 4- Estimate time required for deployment: There are some solutions that take several weeks to be deployed. Before you can begin accessing, categorizing or reporting information, it demands you with a long wait and this becomes a major disadvantage. Generally, good e-discovery solutions are self-contained and are very easy to deploy.

Tip 5- Opt for a proactive e-discovery solution: It is or you very important to choose a solution that uses real-time policy management for archiving, reviewing, retrieving, deleting, retaining or producing data electronically. For early case assessment, an automated and proactive e-discovery solution can be critical and this is despite the fact that it can  go a long way in protecting your company’s brand.

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The Inner Workings of E-Discovery Software

Litigation making the rounds of cable and local news channels have been so popular, and discovery solutions software has found its place in the legal process. The  process by which electronic documents such as e-mails, instant messaging and other types of computer communication through investigative means is called Electronic discovery, or e-discovery. The computer equipment used in these investigative matters is called E-Discovery software. Learn from  how e-discovery software aids in the finding of possible evidence in legal proceedings.

The Actual Ways to Manage and Identify Evidence

In the past decade, legislation has been passed that require the employers to keep track of important documents and communications. In the event of impending litigation, the employer, or the party to the court proceeding, is required to either produce any pertinent information themselves or to simply hire a company that specializes in e-discovery. The attorneys, IT professionals and investigators have to identify evidence that could be useful in any impending court proceedings, and this is done once this process has been completed.

Collecting Evidences Using The E-Discovery Software

The employers are required to preserve certain documents and to retrieve any communications regarding a viable piece of information in the event of a subpoena or lawsuit. When an employer certainly  finds out that they need to use e-discovery software to retrieve company emails, instant messages and other electronic communication, then they can either enlist the help of IT professionals or even the services of an e-discovery company. E-discovery companies are getting more and more popular and this is evident as the evolving technology makes it even easier to retrieve lost documents.

How To Use E-Discovery Software to Analyze the Evidence?

The time has come for the investigators to go through all pertinent papers for the purpose of getting evidence that could provide the much needed ammunition for their case, after all documents have been retrieved from the computer in question. Examining the metadata of each document is one way this software will help the investigators in this process. The Metadata is the encrypted information that is contained in each electronic file. The clues such as the date and time that the file was created, as well as the program in which the file was created, should be included in the information.

Into the 21st century, document review software takes litigation and this is despite the fact that investigators still search through boxes of yellowed documents. The software allows the companies involved in legal proceedings to go about their business without a huge interruption in doing what they do best, a godsend to any company who just find out they're about to be involved in a costly court case.



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An Overview Of The E-Discovery

There are some people who are  wondering what e-Discovery is, but this isn't necessarily be the question you ought to be asking as it's more a matter of what legal review can really offer.

The  process of extracting data from a computer hard drive and examining it and providing it so that the relevant data can be used in a count of law for evidence, is referring to e-Discovery. This doesn't just include the general text and image files, but it also  includes emails, email attachments and email meta data, such as email addresses, names and, importantly, dates. These days,  the process can already be used on mobile phones, PDA's, smart phones and many other devices capable of storing data and not just the standard PC or Mac hard drive. Primarily,  e-Discovery is  used by legal companies, lawyers and solicitors, and it is also widely used by larger corporations. Simply because, this is used to sort out disputes and non-disclosure issues.

The  digital forensics, is otherwise the first  step of computer forensics, which is always the beginning of the e-Discovery process. By  using special software and computers to copy and archive all files on a computer onto another computer, you can already do the initial extraction of the computer's hard drive data. This will then be sent away to an e-Discovery provider which will then extract relevant data from the information provided.

The files provided can  extend into hundreds of gigabytes, and so,  the client is usually requested to provide for relevant files, keywords, email addresses, external addresses, numbers and anything else that could be construed as relevant. Usually from within intuitive and easy to use  software, once the  data is officially and confidentially extracted, it will then be sent back to the clients for them to assess and will then be used as evidence.

It is potentially possible to complete legal discovery work on your own premises for 100% security for you, and this is despite all care that is taken to ensure that all data is kept confidential. You probably won't be allowed to get too close due to the delicacy of the information the company will be carrying, and this is despite the fact that, visiting the company who  are looking to entrust the work to and to hopefully get to see some of their practices in action, is always a good idea.

The e-Discovery is becoming increasingly popular throughout the world and it is even a lawful requirement in some instances. e-Discovery is the upcoming and the  innovative new face of evidence gathering and information extraction.

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The Electronic Data Discovery, the Ways to Reduce Risk, And the Cost and Storage Requirements

As reliance on the Internet and related technology that increases more and more, the agencies have to face a high risk of litigation and accompanying heavy costs. Traditional ways of data storage and management are no longer sufficient in the agency, and this is because ,they are too limiting for the data explosion that is part of modern-day agencies and organizations.

An agency can no longer dispose data that may incriminate them in a lawsuit, and this is true with the  managed review in place, and this is because  it can be recovered anyway. The agency risk will be reduced in one way and this is by adopting a holistic approach to data management that is duplicated across all departments.

The agency will cost a lot because eDiscovery requests are expensive. To  reduce costs and litigation risk, one of the best ways  is by adopting a proactive stance on eDiscovery. This is where you take strategies in advance and put processes in place, and this is to manage data such that you should receive an electronic data recovery request, where the process takes a short time. And certainly, these include: organization systems, as well as preservation and disposal of obsolete data.

Choosing the right systems and data management tools for your agency, is the top priority in ensuring efficient data management. So what comes next is, you have to classify your information as needed and identify the information that needs to be preserved and store it as appropriate. Embarking on regular deletion of data is no longer needed if your agency produces a high volume of data ever day, week or month. Take also a policy on how long data should be stored and/or disposed of or archived. This is discovered to be the most efficient way of dealing with explosion of data.

Moreover, have also a comprehensive data map indicating how information flows from one portal in the agency to another. Ideally, it should show the data flow across the agency, that is covering all existing electronically stored information, from the PCs, email servers, network servers, storage systems and management systems. Follow this strictly: when the electronic data recovery team looks at the information, they should clearly identify where each data originated and how it moved across the agency. They should also be able to see where the data is stored in both physically and virtually.

Another very important habit you should adopt is-- a consistent policy on data destruction, that is followed by every employee. Elimination is possible here on the eventuality where eDiscovery is the only solution. If you put these measures in place, you are sure to reduce the amount of time it takes to conduct an electronic digital discovery.

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What Are The Litigation and Document Review Services And Where are The Best Place to Find Them?


Litigation and document automated review services are commonly required in  Law firms, as well as  the corporations that deal with legal issues on a regular basis, for which they have two options: hiring in house professionals, or outsourcing their needs to a legal support provider. In some cases, the large law firms and corporations opt for the former. In order to cut costs, there are many entities that  outsource their support needs, which commonly include such services as: court reporting, translation, documents retrieval, documents review, and complex litigation support. It is ideal for  a single service provider for such needs  to be suspected that is, both practically and economically. As a result, there are many law firms and corporations that hire legal support services through court reporting agencies, which offer the aforementioned services, as well as others.

Having Litigation and Document Review Services Through a Court Reporting Agency

If a law firm or a corporation needs some litigation support and document review services, then one of the best places to retain them is through a court reporting agency. Below are the three common reasons, and why.

1. Concept on Breadth of Support

Complex litigation support, a form of legal assistance that focuses on helping attorneys interpret and process case evidence during cases whose characteristics make them more complex than other cases, such as: a high volume of deponents; a small window of time to gather evidence for trial; and documents that involve complex, non-legal subject matter; are offered by the reporting agencies in terms of litigation support. The attorneys are allowed to  focus on developing legal strategies without spending undue time processing evidence that contributes to the strategies, and this is because of the litigation support specialist.

2. Overview of the Full Range of Document Retrieval Services

The need for document retrieval assistance, is commonly preceded with the need for electronic discovery assistance and there are many reporting agencies that offer both option, with some of the most commonly retrieved documents being: Social Security documents, police reports, payroll and personnel files, and HIPAA records. Because,  many custodians of records will not release records in response to a subpoena alone, having a service on your side that handles authorization forms and testament of assurance forms that are now required to obtain many documents only makes sense.

3. What Are The Provision of Document Review Facilities?

In terms of setting, reviewing documents is most likely  similar with conducting depositions. Properly conducting reviews will be more difficult from the start if your setting lacks less than optimal accommodations. A 24-hour a day availability, secured card-key access, manned security stations, redundant power, pre-installed technology, private offices, kitchen facilities, Internet carousels, and office equipment, are the important elements for a  properly outfitted review facility. In addition to offering facilities with these benefits, the  reporting agencies can also conduct documents analysis at a client's facilities, as well as to produce data within its client's technology platforms or its own.

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