Tag Archives: eDiscovery

Why are Managed Services on the Rise in eDiscovery? 4 Scenarios to Shed Some Light on the Matter

eDiscovery managed services

Why are Managed Services on the Rise in eDiscovery? 4 Scenarios to Shed Some Light on the Matter

A few years ago (and maybe still) a lot of people in legaltech spoke of the idea of a single legal team doing everything in-house – end to end – with the help of technology. And this is definitely possible. But only a tiny percentage are able to do this. Because let’s face it – even with the latest technology, eDiscovery is a complicated endeavor, and it would take a very mature legal team, including an eDiscovery-savvy IT department to handle every situation. That’s why managed services are on the rise, with law firms and corporations utilizing them as part of their eDiscovery process.

In a recent article on his blog eDiscovery Strategy, Chuck Kellner laid out a really great overview of some of the reasons why this is happening.

To expand on that, here are some (but certainly not all) situations where eDiscovery services could come into play.

  1. eDiscovery On-Demand

Many law firms (particularly smaller or boutique firms) don’t want to invest in eDiscovery software, infrastructure, or personnel, but it doesn’t mean they aren’t having to deal with Electronically Stored Information (ESI). If the document count stays relatively low, they can usually find a work-around using manual processes (which has its own problems). But when something comes in like an Intellectual Property suit involving a large quantity of documents, manual processes or even legacy technology doesn’t cut it when you have a short turnaround time required to process, review, and produce the ESI needed to deliver a favorable result in the case.

This is where managed services come in. You’re assigned a dedicated case manager who can assist with strategy and planning on how to execute everything including the initial data collection, processing, review, and production. They can reduce your document universe headed to review (which is the largest area of cost in eDiscovery) by leveraging ECA and advanced analytics. They can even help you set up proven review workflows to help your team get the facts as quickly as possible. And after the matter is concluded, the law firm now has a relationship with this case manager, who already understands their firm’s unique needs should another case arise where they need help.

  1. Complex and Specialty Discovery

Just because a firm has eDiscovery processes and technology in place, doesn’t mean they’re prepared to handle every scenario. Custom and complex discovery requests are one example. Let’s say a law firm had a request from an attorney that would only review documents in consolidated PDFs. The attorney provided 4 PSTs, one for each custodian, and in return wanted all emails and their attachments in a single pdf, and all documents within a PST placed in a single pdf portfolio. The final deliverable is essentially 4 giant PDFs. Some may label this an overly complex request and reject it. But a managed services team that specializes in these things can leverage their processing engine to convert PSTs into single files and repackage them into single layered PDFs.

  1. Corporate Legal Teams

As I said before, it takes a mature legal team to deal with complex eDiscovery, particularly when you have large datasets and start moving to the right-side of the EDRM (processing, review, and production). Corporate teams often deal with legal holds, data preservation and collection, but will call in an assist from managed services for help after that.

One thing that is of value to corporate teams when it comes to managed services is having a dedicated eDiscovery Project Manager to assist with building a workflow that is comprehensive and cost-effective. When it comes to processing your collected ESI, most in-house corporate teams don’t have an automated and scalable solution. Today, datasets can become unwieldy and with the ever-growing number of filetypes, things can get tricky. Managed Services can quickly and accurately get things moved into Early Case Assessment (ECA), so that data can be culled and streamlined and only the most relevant documents are sent to review. And then there are production deadlines. Services teams can build production templates ahead of time, image relevant documents proactively as they become available, and do a thorough QC of the production to ensure the job is done right and on time.

Besides all of these things, corporations who may regularly face litigation can reuse ESI processing, review, and production histories. They simply pay a flat fee to host the data and can use it again without having to go through (and pay for) the process should it become relevant in another case.

  1. Predictable Pricing

This aspect of managed services applies to both law firms and corporate legal teams. The cost of eDiscovery, particularly the review stage, can be both expensive and hard to predict. Managed services often are billed based on the amount of data rather than an hourly basis, which provides much more insight into costs at the beginning rather than having to wait until the job is completed. This allows you to process your data, weed out irrelevant ESI, and get a look at the facts of your case before review, while only paying for data processed. If you decide to keep this data hosted for future use or reference, then a flat-fee for hosting applies, which is a much more cost-effective approach than sending your entire collection through review and having to pick your jaw up off the floor when you get the bill.

Conclusion:

There are many other scenarios that may come into play when it comes to applying managed services to eDiscovery, but it’s clear why legal teams use them. Technology alone can make a difference, but having the support, expertise, and experience of a technology partner can allow you to handle cases of any size and complexity without the stress of having to do everything on your own.

 

Find Out How Ipro’s Services Team Can Help You with Your Next eDiscovery Dilemma!

 

Written by Jim Gill
Ipro Content Writer

How 3 Cases Involving Self-Driving Cars Highlight eDiscovery and the IoT

Self-driving cars, eDiscovery, IoT

How 3 Cases Involving Self-Driving Cars Highlight eDiscovery and the IoT

Litigation is nothing new for the auto industry. But recent lawsuits surrounding accidents involving self-driving vehicles show that Electronically Stored Information (ESI) is a key component in these cases, because modern cars collect enormous amounts of data, which can be used to determine the fault of accidents, whether it’s human or machine driver error, or some other design flaw in the automobile itself.

Self-driving cars continue to become a regular part of daily life. But like any new technology, flaws and user-errors become more apparent as they’re taken from the test bed to the real world. While we’re still years away from truly autonomous vehicles ruling the roads, the question that continues to come up with driver-assisted technologies is whether they protect us against human error, or if human reliance on technology makes drivers less competent.

The following cases show how self-driving cars (and the data they collect) will continue to highlight the role eDiscovery plays when it comes to the Internet of Things and all the new data sources that everyday devices create.

The Self-Driving Uber:

In March of 2018, pedestrian Elaine Herzberg was killed by one of Uber’s self-driving cars as she crossed a multi-lane road in Tempe, Arizona. The investigation included data from the car as well as dashcam video. While it was determined that the automatic braking system was turned off to avoid erratic driving conditions, the human driver, Rafael Vazquez, was found at fault for the death. Dashcam video showed Vasquez repeatedly looking down at her lap in the final minutes before the crash, including the five seconds before impact. Additional ESI provided from the driver’s Hulu account, shows that Vazquez was streaming the television show The Voice just before the crash. If the driver had been paying attention, the car’s data showed that the accident most likely could have been avoided.

Tesla on Autopilot:

In March 2019, Jeremy Banner’s Tesla Model 3 collided with a tractor-trailer that was crossing his path on a Florida highway. An investigation is currently underway, as his family is suing Tesla for wrongful death. A preliminary report from the National Transportation Safety Board revealed Banner turned on autopilot just before the crash, and the vehicle “did not detect the driver’s hands on the steering wheel.”

This incident is similar to a 2016 accident which killed 40-year-old Joshua Brown when a tractor-trailer crossed his path while he was using autopilot. Tesla said in that investigation that its camera system failed to recognize the white broadside of the truck against the bright sky. However, it was also found that Brown was not paying attention to the road, though the NTSB said a lack of safeguards contributed to his death.

Tesla and the 2-year-old Driver:

In this incident, Mallory Harcourt of Santa Barbara, claims that in December 2018, while unloading groceries from her Tesla Model X parked in the driveway, her two-year-old son jumped in the driver’s seat, and the car unexpectedly lurched forward, ultimately pinning her to the garage wall. Harcourt, who was pregnant, suffered a broken leg and pelvis, and went into labor, which led to the premature delivery of her daughter.

The plaintiff and defendant are in agreement that the vehicle was shifted from Park into Drive. Because the Model X (and older Model S) don’t have a driving-facing camera like the Model 3, Tesla can’t confirm how this happened. But the car’s data does confirm that “the brake pedal was released shortly after the vehicle was put into Drive, and the accelerator pressed for the following seven seconds, interrupted briefly by application of the brake pedal.” The impact occurred with the left rear door still open and prior to an application of the brake pedal heavy enough to activate the anti-lock brakes.

There have been other lawsuits against Tesla for “unintended acceleration” but none have been won.

Conclusion:

What is clear from each of these cases is how vital the role of ESI collected from vehicles and periphery devices is when determining cause and liability. In these cases, the combination of video, car data (indicating things as detailed as how long acceleration and brakes were applied, whether someone was in the driver’s seat or their hands were on the wheel, whether a door was open, and when impact occurred), and ESI from other devices such as a tablet or a driver’s Hulu account, were all part of the investigations. As the Internet of Things continues to grow, items that were once merely mechanical devices – phones, cars, refrigerators, etc. – are now repositories of electronic evidence. And should litigation arise, the data they contain must be made discoverable.

These scenarios involving self-driving cars may not fall under the day-to-day operations of most law firms, but they do highlight new examples of how electronic data is collected during litigation (which is eDiscovery). In the same way that email data was still a novel source of evidence 15 years ago or social media data was the new ESI 5 years ago, IoT data will continue to be requested, and legal teams will have to respond.

 

Written by Jim Gill
Ipro Content Writer

 

Learn more about how Ipro’s hybrid approach to eDiscovery can help your organization meet any challenge.

6 Reasons Why Desktop eDiscovery is a Viable Solution in a Cloud-Based World

desktop eDiscovery is a viable solution

6 Reasons Why Desktop eDiscovery is Still a Viable Solution in a Cloud-Based World

For several years now, cloud-based eDiscovery has been touted as the wave of the future, and there’s no doubt about its benefits.

  • Scalability

In the cloud large datasets aren’t a problem, giving you the ability to scale when big cases arrive at your door

  • No Maintenance Required

Because the cloud host manages software and infrastructure updates, you never have to worry about upgrades

  • Predictable Pricing

Cloud-based platforms are often priced on a subscription model, giving the user predictability when it comes to budgeting

But for all the power the cloud brings, sometimes it’s not always the answer to an organization’s needs before or after review. That’s where a modern (not legacy products from the last decade), easy-to-deploy, local solution can cut a lot of hours and pain from your daily workload, while keeping overhead even lower than a cloud-hosted enterprise solution.

Here are 6 reasons desktop eDiscovery is still a viable solution:

Low Cost Quick Look

Need to take a quick look at a PST, some loose files, or a few directories of data? If you FTP your data to the cloud, it adds to your hosting costs. A solution like Ipro for desktop allows you to quickly ingest any native data, perform ECA and quick Review, find what you want, and produce it. If data needs to be hosted after that, you’ll only be paying for what’s relevant.

After the Case is Done

After a case, you need to maintain the data, allowing you to go back and retrieve and produce documents when asked. But do you really need to leave that data in the cloud where monthly hosting fees continue to add up? Ipro for desktop allows you to archive your hosted cases locally with the full power to access everything at any time, with virtually no cost.

Fact Management and Case Prep

You won’t find this in enterprise cloud eDiscovery platforms! But with Ipro for desktop, data streams from Review into the fact manager, allowing you to organize evidence at any phase of the litigation life-cycle. Rather than just tagging a document for later, users can cite the specific text or section of a document, link it to the “fact” and call it up during presentation. You can also share and search transcripts between modules, making your case-build efficient and simplified.

No Internet? No problem!

Even with today’s technology, you may still find yourself without internet, whether in the courtroom, on a plane over the ocean, or when service may just not be what you need. With Ipro’s desktop eDiscovery solution, you can go completely mobile with a “Published” version of your case that runs in the review database on your local machine. Once you have service again, you can sync all of your changes and work-product back to the network.

Other tasks that may be difficult for cloud platforms but not for Ipro for desktop

  • Scan directly into a database
  • Print from a print server to offload the individual Review user machines
  • Easy bulk Unitization of large documents
  • Easy bulk image and OCR of documents
  • Ingest raw images without a loadfile
  • Clip and crop 3rd party production images and re-brand
  • Manual coding with names normalization
  • Custom production options, and many more…

Scale to the Cloud When Things Get Big

Yes, a desktop solution can surge to the cloud if the need arises. If your cases get too large for your physical infrastructure or need to be accessed online by co-counsel, they can temporarily be moved to the Ipro cloud, giving you that extra horsepower on demand, allowing you to take on cases of any size or complexity without significant ramp-up time or monetary investment.

Conclusion:

Again, the cloud has many benefits, but there are some things only a desktop solution can do. And if it’s been purpose-built for modern challenges, there’s no reason why desktop shouldn’t have a place at the eDiscovery table.

To learn more about Ipro’s Desktop eDiscovery solution, visit us here.

Introducing Ipro Insights! Ep. 1: EDRM – Info Gov through Collection

We’re excited to announce Ipro Insights, where each week, our in-house experts will give you a quick look into some of the most common challenges facing the legaltech industry. For our first video series, Cesar Sandoval, from the Ipro Training Team, gives us a breakdown of each stage of the EDRM. Stay tuned for more!

In this episode of Ipro Insights you’ll learn: 

  •  The role of Information Governance in eDiscovery 
  •  The importance of identifying relevant Electronically Stored Information (ESI) 
  •  Why Properly Preserving and Collecting ESI is vital to your eDiscovery process 

Watch Now!

5 Ways Paralegals Can Quickly Sharpen their eDiscovery Skills

eDiscovery Paralegals

5 Ways Paralegals Can Quickly Sharpen their eDiscovery Skills

Paralegals have long been a part of law offices and legal teams, fulfilling roles like conducting research, client interviews, drafting documents, and handling other administrative tasks. But more and more, paralegals find themselves charged with handling all things related to eDiscovery as well.

Attorneys are interested in getting to the facts of a case so they can build a strategy. But obtaining and organizing that data falls to litigation support personnel, many of whom are paralegals. When working with electronic data, a paralegal’s role becomes part case project manager and part IT liaison. Some of the things expected of an eDiscovery paralegal may include:

  • Acting as Case Manager by organizing a database for all Electronically Stored Information (ESI)
  • Managing the collection process with a client and talking with their IT to figure out the best way to obtain the needed ESI
  • Once the ESI has been obtained, resolving any issues with the data, such as corrupted files or missing metadata
  • Creating search templates using the search terms and parameters set forth by the parties in the case
  • Redacting privileged data
  • Conducting Quality Control on production sets to ensure the discovery parameters were met

Becoming an eDiscovery specialist can really set you apart from other paralegals and lead you to expanded career opportunities, but eDiscovery carries a unique set of challenges that often isn’t a traditional part of a paralegal’s training.

Kelly Twigger, Attorney and eDiscovery thought leader, stated in a past Above the Law article, that “lawyers [assume] that picking up the complexities of ESI and handling data is something their paralegals can just do. I’m here to tell you that it’s not.” She continues, “If you are expecting your paralegal to have the skill set necessary to manage ESI, including setting up and managing your databases, without some serious training, you are putting yourself and your clients at risk.”

Training is definitely one thing paralegals can do to up their eDiscovery game. As Jared Coseglia, CEO of TRU Staffing said in an article published by LegalTech news, “the plug-and-play technical accountability of an eDiscovery professional is largely measured by the software certification status that individual achieves and maintains.” But certification isn’t often the first step. To pass industry certifications, you have to have more than a basic knowledge of eDiscovery. In the same LegalTech News article, Krista Schmidt, manager of professional services at Ipro said, “A person needs to be well-rounded and understand many things to pass the certifications. You can’t just know review or processing.”

So what can you do to get started? Here are 5 ways paralegals can sharpen their eDiscovery skills!

Fully understand the case

A lot of things paralegals need are in the case materials themselves. There you can identify key custodians and sources of ESI for collection, search terms, and privilege determinations. You’ll also need to become familiar with contacts in your client’s organization (like the client’s IT department) to best figure out how to collect the data requested in discovery.

Find out what software is available at your organization

Sometimes, attorneys might not be aware of the tools available for managing eDiscovery. Once you know what software options your organization has, you can find out if there are any internal resources, perhaps located on an intranet. There may even be others within the organization who have gained training and/or certification on the software to provide guidance.

Google it!

It sounds obvious, but there is actually a lot of great information on the web from other practitioners and thought leaders. Articles, white-papers, infographics, even YouTube videos may be available from reputable sources to help paralegals come up to speed on processes and tactics that can help make your life in eDiscovery a little easier.

Check with your eDiscovery Software Vendor

If you own your eDiscovery software, the vendor most likely has a resources center available for users. They may have tutorials or even a help desk where you could get expert advice on common eDiscovery challenges or how to create the best workflow for the case at hand.

Training and Certification

Finally, if you want to build your career in eDiscovery, getting training and certification is an excellent way to show your expertise. Most software vendors offer a certification for their products. It may even be worthwhile to attain training on multiple software offerings, if your team uses more than one vendor. There are also general eDiscovery certifications (the Certified eDiscovery Specialist (CEDS) is one of the most common).

To find out more about Ipro’s training and certifications, visit us here

Ipro Showcases Latest Innovations at ILTACON

Ipro Showcases Innovations at ILTACON

Ipro Showcases Latest Innovations at ILTACON

This week, Ipro will be showcasing their latest innovations and product offerings at ILTACON, the premier legal technology conference for professionals undertaking initiatives in support of the practice of law.

Ipro will be in booth 304 at ILTACON, August 18-22. There you will be able to see:

Ipro for desktop

You’ll get to check out the latest innovations in Ipro for desktop, formerly Eclipse SE, including high-speed ingestion with advanced settings & integration with TrialDirector 360 featuring a new interface and enhancements.

Ipro for desktop runs in a dynamic dashboard that launches different modules in a stack and seamlessly flows data through the different phases of litigation: case management, administration, processing, review, fact management, and trial presentation with TrialDirector 360®. With this true all-in-one litigation platform, you can effortlessly manage reviews, unitize documents, ingest native files, and produce documents.

Ipro for enterprise

Learn more about the NEW Ipro for Enterprise, formerly Eclipse & Automated Digital Discovery (ADD).

Ipro for enterprise is an eDiscovery workflow solution that allows users to easily process any type of data, have it ready for analysis or review in minutes, and avoid lengthy upload times for situations needing an agile response. Ipro for enterprise bundles Ipro’s gold-standard in Imaging, OCR, Processing and Production, with the latest innovations in Review – including advanced analytics, Technology Assisted Review, and ECA – all into an easy-to-use intuitive interface.

Hybrid eDiscovery with the Ipro Cloud

Regardless of the software deployment you’re using (desktop, on-prem, or cloud hosted), you can scale up using the Ipro Cloud at any time. The Ipro Cloud gives you the scalability of a public cloud with the data control of a private cloud, with a hosting team that speaks the same language as your legal team and acts as your dedicated eDiscovery IT department. Our state-of-the-art data center has a limited employee access to sensitive data & a lower profile for targeted hacks. And hosting fees are a fraction of those on public clouds.

Want a deeper dive into the software? Book a private meeting at the show!
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What is Hybrid eDiscovery and How Will it Shape the Future of Legaltech?

hybrid eDiscovery

In Gartner’s 2019 Market Guide for E-Discovery Solutions, they say a future trend in eDiscovery will be people moving to a Hybrid eDiscovery deployment where “organizations are looking for greater cloud flexibility where capabilities can be ‘dialed up’ and ‘dialed down’ as needed. Established processes, methods and technologies may not be enough. Indexing and classification services, for example, will work better and be less bandwidth-and resource-intensive if they are located closer to the data source.”

This really shouldn’t come as a surprise. For many years, people have touted end-to-end solutions, with the notion that an in-house legal team can handle everything that comes their way with the right software. But there are a lot of stakeholders involved in the eDiscovery process, which makes the idea of a single team doing everything extremely complex:

  • Attorneys need electronic evidence to make their case
  • Litigation Support, Paralegals, and Case Managers have to actually get that data and put it into a usable form so attorneys can review it
  • IT has to work with all parties, collecting, managing, and hosting that data in a secure way, while the legal team does their work

In the same way, there are a lot of components to ensure eDiscovery happens.

  • Software is needed to process, cull, search, review, and produce electronic information
  • Services are needed to do the work of eDiscovery, either though utilizing in-house personnel or looking to outside service providers
  • IT Infrastructure is needed to host the software and all of the case data in a secure and accessible way.

What is hybrid eDiscovery and how does it deal with these issues differently than the current models?

As a concept, it combines the best aspects of powerful in-house software, an outside service-provider, and a dedicated cloud environment and IT department specialized to eDiscovery, bundled into a solution with a single technology partner. Hybrid eDiscovery gives you the confidence, that no matter what type of case falls in your organization’s lap, you have the flexibility, scalability, and support to handle it, either in-house or utilizing your technology partner’s services.

Software:

Obviously, it’s a non-starter if you don’t have access a robust eDiscovery tool that can process any type of data, while utilizing the latest innovations in ECA, Advanced Analytics, and AI in order to speed up the review process and accurately produce ESI. Some software claims to be “easier to use” than others. But what really matters is if the software can handle the needs of high-volume complex eDiscovery. A drag and drop, single-click process doesn’t mean anything if you’re constantly having to send work out to someone else when things get heavy. It also gets costly. Add that with the ability to flexibly deploy software in whatever way works best for you – on prem or in the cloud for enterprise level clients, or a modern desktop deployment for smaller law firms and government agencies – and you have the foundation for a Hybrid eDiscovery solution.

Services:

Having a technology partner to help out when you need it allows your organization to surge or dial back resources depending on workload and data needs. And unlike an outside service provider, a Hybrid eDiscovery technology partner is the creator and owner, as well as the user of the technology, so they can adapt quickly to better support your organization. From helping with case and user creation, strategy, processing, data imports, setting up Review Passes and custom searches, exports and/or productions, they can be as hands on or hands off as you’d like. And because you’ll work with the same case managers, they’ll come to know you’re your workflow, acting more as an extension of your case team, oftentimes giving around-the-clock support in order to meet tight deadlines. Long-story-short, they are prepared to handle the technical aspects of a matter, thus allowing attorneys to focus on the practice of law.

Hybrid eDiscovery in the Cloud

A lot of people think of “The Cloud” as a singular place, but there are many types of clouds. Here are the three types of cloud hosting most used in eDiscovery.

Public Cloud (AWS, MS Azure):

  • All infrastructure exists in the data centers of the provider
  • Users have a private environment within larger ecosystem
  • Cloud host responsible for data security, IT management & support

Sounds good right? Except these public clouds aren’t just used for eDiscovery, so case data is in the same cloud as the data of large corporations and financial enterprises (which may be high-profile targets for hacking). Public cloud providers are experts in data security & IT management, but they aren’t specialists in eDiscovery.

Private Cloud (AKA, On-Prem):

  • More control over data and environment
  • Dedicated private network located either on-premise or at a remote site
  • “On-Prem” eDiscovery deployment often means a private cloud

Control of eDiscovery data is fully with the user, which is an added benefit from a security and control standpoint. But the burden of maintaining an in-house system is heavy: managing hardware and software upgrades, maintaining an IT team that understands the needs of the legal department, securing against hacks and data breaches, while trying to recover costs and scale in the face of ever-growing datasets.

Hybrid eDiscovery:

  • The scalability of a public cloud with the data control of a private cloud
  • Hosting team speaks the same language as your legal team and acts as your dedicated eDiscovery IT department
  • State-of-the-art data center, with limited employee access to sensitive data & a lower profile for targeted hacks
  • Hosting fees are a fraction of those on public clouds. And because you’re changed flat rates for data processed and hosted only, cost is not only reasonable but predictable
  • Regardless of the software deployment you’re using (desktop, on-prem, or cloud hosted), you can scale up using your Hybrid eDiscovery partner’s cloud at any time

Conclusion

As Gartner stated, Hybrid eDiscovery is something that will continue to trend in legaltech. Software alone isn’t enough. Data continues to grow in size and complexity, and the need for that data in investigations and litigation is now a daily occurrence. For an agile response, innovative approaches to eDiscovery are necessary, and rather than trying to go it alone, forward-thinking legal teams will look toward a hybrid approach.

Find out more about Hybrid eDiscovery with Ipro

 

Written by Jim Gill
Content Manager, Ipro

Hybrid eDiscovery: How This Unique Cloud Deployment Can Free You from the Burdens of On-Prem Without Forcing You To AWS

hybrid cloud ediscovery

What Does the Capital One Hack Reveal About Cloud eDiscovery?

Most of us are already aware of the arrest of Paige Thompson, a Seattle resident and former Amazon Web Services (AWS) employee, who was taken into FBI custody earlier this week for hacking Capital One and exposing personal data of more than 100 million customers. According to Israeli security firm CyberInt, other organizations including Vodafone, Ford, Michigan State University, and the Ohio Department of Transportation may have also fallen victim to the same hack.

AWS is sometimes referred to as the most secure cloud environment in the world and is the only company that has received the highest-level Defense Department IT certification, known as Impact Level 6, which allows it to handle top-secret data. That advantage stems in large part from a $600 million contract with the CIA that was awarded in 2013.

Hack and data breach may seem interchangeable as terms, but in actuality, they are different, and it’s that difference that may affect who is liable. A hack is an intentional attack perpetrated by a malicious actor who gains unauthorized access to a protected system (e.g. computer, server) in order to steal private information or hold the system ransom. A data breach occurs when data that is unintentionally left vulnerable in an unsecured environment is viewed by someone who shouldn’t have access to that data. The question here is whether the liability lies with Capital One and a misconfigured database within the AWS environment or with AWS because a former employee may have used credentials to access the cloud and/or knowledge of the misconfigurations.

Many eDiscovery solutions host their platforms, along with users’ case data, on public clouds like AWS and Azure, which might lead some to question the security of cloud-based eDiscovery. First, it’s important to remember that the Capital One hack (or is it breach? Or both?) had nothing to do with security certificates (after all, they have an Impact Level 6 certification), but an attack conducted by someone with inside knowledge.

But it is an opportunity to review the notion of “Cloud eDiscovery” and note that there isn’t a single environment that everything is operating in, but instead many options when it comes to choosing a cloud hosted platform.

Public Cloud (AWS, MS Azure):

In a public cloud, all infrastructure exists in the data centers of the cloud service provider. Each user then has a private environment within the larger public ecosystem, while the cloud host has physical control of the hardware and is responsible for all aspects of data security, IT management, and support.

Sounds good right? Except these public clouds aren’t just used for eDiscovery. They’re used for everything. Case data is in the same cloud as Capital One, Ford Motors, MSU, and ODOT (and others). And while the cloud provider is in charge of data security, IT management, and support (which is a definite plus), they aren’t specialists in eDiscovery, and they aren’t the same people who created the eDiscovery software that is being hosted in their cloud. So it adds additional stakeholders.

Private Cloud (AKA, On-Prem):

In lieu of some of the issues mentioned above, an organization may want more control over their environment and set up a dedicated, private network located either on-premise or at a remote site. Many times, when eDiscovery vendors talk about an “On-Prem” deployment, they may actually mean installing the solution on the user’s private cloud.

This definitely brings control of eDiscovery data wholly onto the organization, which is an added benefit from a security and control standpoint. However, for many, the burden of having to maintain an in-house system is heavy. Managing upgrades to software as well as hardware, while trying to recover costs, maintaining an IT team that understands the needs of the legal department, while being challenged with the ability to scale in the face of ever-growing datasets, as well as the liability of securing against hacks and data breaches, can be draining on both personnel and financial resources.

Hybrid eDiscovery: The Ipro Cloud

If only there was a hybrid of the two cloud options, one with the scalability and easy management of a public cloud, but with the control and security of a private cloud. And even better, what if that cloud was created and managed by people who not only understand the unique needs of eDiscovery but are dedicated to you?

That’s not just any cloud, but the Ipro Cloud. It gives you the flexibility to run your own environment on a private cloud managed by the creators of the eDiscovery software you’re using. Ipro teams speak the same language as your legal team and act as your eDiscovery dedicated IT department.

You also get the scalability of a public cloud with the control and security of a private cloud, utilizing Ipro’s decades of IT and industry experience running and operating the largest of client-environments. Unlike large public clouds, the only data hosted here is related to eDiscovery, all housed in a state-of-the-art data center with limited employee access to sensitive data, as well as a lower profile when it comes to targeted hacks. And hosting fees on the Ipro Cloud are a fraction of those on public clouds.

While you can secure and fully manage your own environment in the Ipro Cloud, you also get the benefit of a true technology partner and let Ipro’s services team do this for you. Ipro’s services team has been in your shoes and know the pain points and urgency of eDiscovery. Clients return again and again, because we specialize in building customized workflows for both simple and complex cases, while using our technology and advanced analytics to speed up processes through review with a focus on delivering quality results.

Proven Client Success:

Ipro is a 30-year legal technology veteran and hosts some of the biggest corporations and law firms in its cloud. One of them is Chamberlain Hrdlicka, a diversified business law firm with offices in Atlanta, Houston, Philadelphia, and San Antonio. In a recent case study, they said, “The Ipro eDiscovery Suite ultimately improved our firm’s ability to produce higher quality, streamlined reviews and provided the flexibility to handle cases of any size. Using Ipro, we were able to increase caseload by hosting over 330 cases and 40TB of data, while still working fewer hours and maintaining a small team. The workflows are well thought out and the system is intuitive to use, which minimized the learning curve for our technical staff, support personnel and attorneys as they adopted the system.”

 

It’s Not Just About the Money (or Privacy): The Role of Specificity, Technology, and FRCP Rule 26

What Does Rule 26 Say about Scope and Proportionality?

In 2015, when the Federal Rules of Civil Procedure were amended, the issue of scope and Rule 26 was a hot topic of discussion, mainly around the issue of costs. But proportionality doesn’t just apply to the cost of discovery. With concerns around privacy becoming a daily headline due to data breaches, privacy laws, and the use of personal data by large corporations and governments, will the cry of “privacy” take the place of “burdensome costs” in proportionality rulings?

Before the 2015 amendments, it was common that broad discovery requests were submitted, which if carried out, would end up costing way more than the lawsuit was worth in the first place. For organizations with deep pockets, large discovery requests became a tactic similar to continuing to raise the bet in a poker hand until your opponent had no choice but to fold.

But since 2015, broad discovery requests or “fishing expeditions,” have been essentially banned. With the new rule, the burden to prove proportionality lies with both the requesting and responding parties. And the first two questions that should be answered are:

  • Is the information requested relevant to the outcome of the case?
  • Is the information privileged?

If the data in question passes these two tests (yes, it’s relevant to the case, and no, it’s not privileged information) then the courts look at the following six factors laid out in FRCP Rule 26(b)(1) to help determine rulings on proportionality.

  • The importance of the issues at stake
  • The amount of information in controversy
  • The parties’ access to the information in question
  • The parties’ resources to obtain the information
  • The importance of the discovery in resolving the issues
  • Whether the burden or expense of the proposed discovery outweighs its likely benefit

 

How Does Privacy Fit into the Discussion of Scope and Proportionality?

Henson v. Turn, Inc (US Court, Northern Dist. California, 10/22/2018) is a fairly recent case that deals specifically with proportionality and privacy. In it, the plaintiffs brought a class action against the defendant, claiming that the defendant engaged in the practice of using “zombie cookies” which users cannot delete, block, or opt out.

In response, the defendant requested the plaintiffs:

  • Produce their mobile devices for inspection or produce complete forensic images of their devices
  • Produce their full web browsing histories from their devices
  • Produce all cookies stored on or deleted from their devices

The court ruled that the defendant’s request to directly inspect the plaintiffs’ mobile devices or for complete forensic images of the devices “threatens to sweep in documents and information that are not relevant to the issues in this case, such as the plaintiffs’ private text messages, emails, contact lists, and photographs.”

And because the parties had protocols in place for producing information from the plaintiffs’ devices or forensic images, the defendant issued nine requests for specific information from the plaintiffs’ devices, which the plaintiffs carried out.

The same happened with the request for the browsing histories and cookies. The plaintiffs produced or offered to produce their web browsing history and cookies associated with the defendant’s partner websites and the date fields of all other cookies on their mobile devices. The plaintiffs also offered to meet and confer with the defendant to consider requests for specific cookies.

And the court ruled with the plaintiff.

 

What is the Role of Technology in Scope and Proportionality?

So why does this matter? The key here is not about scope and proportionality or even privacy. Yes, that’s the topic of the case. But the bigger issue at stake is how will the creators of legal technology respond. With Rule 26, it’s all about specificity. I want this specific data, from that specific custodian, from these specific date ranges, because it affects the case in this way. After that, it’s just an issue of having the tools to get those specific items easily and cost effectively.

In Henson v. Turn, the judge cited a case from 2006 (Sony BMG Music v. Arellanes), where a request was made for an imaging of an entire hard drive, and it was determined that the production would reveal irrelevant data, when all that was needed were specific emails. Now we have technology which allows us to target specific emails and other data on a computer. We can deNist and deDupe, we can redact, we can do all kinds of things within our eDiscovery tools which keep data within the scope and proportionality of a request. It wasn’t always so. It took the creators and innovators of technology to make it a relatively easy and standardized process.

This technology made the cries of “overburdensome discovery” seem moot. No discovery is overburdensome these days when you can pinpoint the exact data that is relevant in the case. You just have to ask for it. With the onus on the requester to follow the guidelines of Rule 26, if you make a request that’s overburdensome, you’re just being lazy. And judges aren’t having it.

With this case’s highlighting of the role of privacy in Rule 26, I think leaders in the eDiscovery industry should be looking ahead in the same way that at least some of them were in 2006. How can we create tools that allow the handling of electronic data through the entire litigation process? Only now, instead of hard-drives full of emails and word documents, it’s data from a number of unique sources that live across platforms available on mobile devices and the Internet of Things.

The guidelines for proportionality and scope are very clearly laid out in the FRCP. The only difference is the need for tools that make the process easier considering the digital landscape that exists in 2019, not just the one in 2006.

 

Written by Jim Gill
Content Writer, Ipro

 

Introducing the New Ipro for desktop: eDiscovery Unplugged

Ipro Tech, LLC, a global leader in eDiscovery and Trial software technology, announced today the release of its desktop deployed Ipro solution. Ipro for desktop runs in a dynamic dashboard that launches different modules in a stack and seamlessly flows data through the different phases of litigation: case management, administration, processing, review, fact management, and trial presentation with TrialDirector 360®. With this true all-in-one litigation platform, you can effortlessly manage reviews, unitize documents, ingest native files, and produce documents.

“A lot of hard work has gone into this release, and we’re excited to showcase the product and all its capabilities,” said Derek Miller, VP of Desktop Solutions at Ipro. “Our development sprints included valuable feedback from our customers, and this release has many of the features and functions our users want. We look forward to continuing these relationships to develop and build the best purpose-built litigation solution on the market.”

BigLaw Power, Small Firm Overhead

Ipro for desktop is a processing, review, and production solution that easily handles millions of records and is accessible by any number of users within your infrastructure.  It manages complex scanning by using batching or seamlessly inserting individual documents into families with numerous formatting options, including OCR.

By harnessing the power of Ipro’s built-in, cutting-edge processing engine, the streaming feature puts high-quality data into review twice as fast as other industry-leading desktop applications. And because it is locally deployed and can operate offline, no SQL backend or DBA is required.

Ipro for desktop can be deployed in less than an hour with all the functionality you need to review cases of any size, is approved for use by government agencies, and easily lets you migrate from the most popular legacy flat-file review databases.

And if your cases get too large for your physical infrastructure or need to be accessed online by co-counsel, they can temporarily be moved to the Ipro Cloud, giving you that extra horsepower on demand, allowing you to take on cases of any size or complexity without significant ramp-up time or monetary investment.

Julie Laboe, expert consultant and trainer in eDiscovery and litigation database programs and trial presentation software states, “I’m seeing the scenario [of small firms facing large data sets] more than ever before, and Ipro for desktop simply levels the playing field for small firms against the bigger players in any type of case.”

TrialDirector 360

In the Ipro for desktop solution, Review links directly to TrialDirector 360, so the user can simply right-click to integrate documents into Case Story and TrialDirector. With this Ipro for desktop release, enhancements to TrialDirector 360 include: Data Sync, allowing multiple users to collaborate and work on a case simultaneously; Import and Export Case functionality, allowing users to back up their cases and easily move from a desktop to laptop for use in trial; and enhancements with the document re-sequencer and exhibit label designer.

With Case Story, you can create and support facts with evidence at any phase of the litigation life-cycle. Rather than just tagging a document for later, users can cite the specific text or section of a document, link it to the “fact,” and call it up during presentation in TrialDirector 360. Other features in TrialDirector include the new transcript module, which allows sharing and searching of transcripts between modules, making your case-build efficient and simplified. It also provides improved Data Indexing and Streaming.

The lawfirm Salvi, Schostok & Pritchard uses TrialDirector as their go-to presentation software, and since making the transition, they have far more control and flexibility over their presentations and credit the ability within TrialDirector to effectively present evidence and paint a picture that resonates and reinforces their case for the jury to successful trial outcomes, including a recent $148 million personal injury award and a $50 million dollar birth injury award.

Free Training Offer on Ipro for desktop

Ipro for desktop, including Case Story and TrialDirector 360, were available for demonstration at the company’s annual user conference, Ipro Tech Show, held at Talking Stick Resort in Scottsdale, Arizona, April 29 – May 1. And as part of the product launch, two special sessions will be offered  for newcomers to learn more about Ipro for desktop with a demonstration, plus hands-on learning and interaction in the software, at Ipro’s Tempe, Arizona headquarters on September 5th, 2019. This event is limited to 16 people per session, and attendees will receive a $200 credit towards the deployment package if they decide to purchase the Ipro for desktop solution.

Contact us to begin your discovery

Attending ILTACON 2019? Register for a live demonstration on August 20, at the Swan Hotel in Orlando. Register Today

If you are a current Ipro Eclipse SE user, please contact your sales representative for more information about migrating.

Ipro – Simplifying the Process from Discovery to Trial.

About Ipro Tech, LLC
Ipro is a global leader in eDiscovery technology used by legal professionals to streamline discovery of electronic data through presentation at trial. Ipro draws upon decades of innovation to deliver high-performance software, services, and support, bundled as a solution and deployed the way you want it—Desktop, On-prem, or Cloud—significantly reducing the cost and complexity of eDiscovery.