Category Archives: Document Retention

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Email Threading: An Essential E-Discovery Tool

April 11, 2017 ¦ Josh Markarian ¦ TERIS Sophisticated Litigation Support

An email thread is a running list of all replies that are followed after an original email. The back navigation of these emails are formatted in a chronological order varying depending on the email client or email platform that is used, traditionally the last email is on top. Email, threads create and record conversation chains from an original email which is implemented to increase the ease of documentation and tracking past conversations. In 2016 it was reported that on average a single business employee receives and sends up-words of 10,000 emails a year.

Email threading is commonly put to use due to its ability to lower cost and increase speed when properly implemented. The amount of emails sent everyday continues to rapidly grow and having to navigate such massive and cluttered accounts results in increased time and money for litigation and eDiscovery. Consistency and a lower margin for error are another benefit due to attorney being able to see the whole conversation in one picture.

As technology continues to rapidly evolve, some third party litigation providers are having trouble keeping up with the evolving aspects of email threading. To summarize here are a few of the practical uses that come from properly implementing email threading:

  • Cost-saving in documentation review.
  • Increased efficiency and relevance of email content through removing duplicates, and irrelevant content while aggregating relevant content.
  • Quality control through management and monitoring all documents included.
  • Improving the digital utility and ease of use when managing multiple threads simultaneously.mail

E-Discovery preparation and permenance

Document review has become a major profit service for law firms. This gives an inlet to new technologies that allow smaller law firms to take clients they would never normally be able to handle. Additionally, E-Discovery takes the responsibility out of the domain of Industry Titans Instead of making them enlist a large pool of high cost attorneys. This has created scalability that is leveling the playing field in litigation services. Litigation services are crucial to consult even before a lawsuit or any type of litigation takes place. Third party E-Discovery support allows small and mid-sized firms to keep rates low and quality high in order to compete with Industry titans. This is largely achieved through pooling associates when needed and providing IT systems to keep up with demand.

For this system to work smoothly for boutique competitors These Services help to implement; Preparation tactics, document reduction policy, Data mapping assistance, internal investigation, and frequency Data management needs. Third parties also help smaller firms by exploiting their ability to use review software and hire review teams as needed, without carrying infrastructure and head count costs year round. Another added benefit of the E-Discovery industry is the displacement of the larger Discovery firms. These firms often work with current small outside counsel and just handle discovery, but end up taking whole case.

Third parties use SAAS or service as a solution for optimal price scaling on the fly so that production of evidence and overall cost control stay within reasonable boundaries. Working with third party litigation services is also important post litigation. Working with your provider you can easily identify pain points in order to avoid similar occurrences in the future. Lastly Document review is done by custodians and forensic analysts. Making sure that your company aligns with the decisions made by these key players ensures a continuous feedback loop and results in better preparation for any type of litigation activity in terms of quality and validity.

All of these factors point to the fact that the E-Discovery isn’t going anywhere, Instead it is rapidly expanding. Data mapping assistance, internal investigation procedures, and technology migration provide robust business development opportunities downstream for legal work. As the usage of electronically stored information (ESI) increases, inevitably so will the mid-sized firms assigned to handle the tasks that are an externality of this data. If A firm adopts a third party litigation service and educates staff on the risks of their electronically stored information they are much less likely to end up spending superfluous amounts on the costs listed above than if the litigation was never outsourced in the first place.

Everything You Need To Know About The Arkfeld Conference 2016

One of the most important digital conferences in Arizona will be starting shortly. The ASU-Arkfeld eDiscovery and Digital Evidence Conference will take place in the Armstrong Hall on March 9-11, 2016, making it the fifth to date The three exciting days at ASU campus in Tempe will include stimulating information about the newest issues affecting electronic information, information governance and data analytics.

So what is The Arkfeld Conference? If you haven’t been following the latest news, The Arkfeld Conference is an annual conference taking place at the Sandra Day O’Connor College of Law. It is a Program run by attorney, author and educator, Michael Arkfeld, who believes that digital advances are very important to law professionals. William Kellerman describes Arkfeld as the ”intersection of law and technology”, in order to ensure effective education and competency among legal professionals.

Last year’s conference attracted over 150 professionals, including attorneys, service providers and counsel. The theme of ”Know the Law, Know the Technology” discussed a variety of eDiscovery issues and allowed a wide array of ideas and valuable networking opportunities for those attending.

At the fifth annual conference, Arkfeld has undertaken the theme, ”Respect the Past. Understand the Present. Shape the Future.” It will be intriguing to see exactly what technological advances will take place in order to shape the future. Some of the highlights advertised by Arkfeld include mock demonstrations on eDiscovery, as well as insights from some of this year’s featured speakers.

This is where we will be hearing from some interesting voices, including U.S. District Judges Shira Scheindlin of New York, Craig B. Shaffer of Colarado, and Xavier Rodriguez of Texas. Furthermore, we’ll be hearing insights from Technologist Steve Watson from Intel Corporation and the Associate Dean of WP Carey School of Business at ASU, Michael Goul. TERIS continues to be a long time sponsor of the Arkfeld Conference.

To register:

https://conferences.asucollegeoflaw.com/ediscovery2016/register/

The Importance of Protecting Firms and Clients with a Properly Executed Document Retention Policy – Part 2

Closeup to the word "Policy"Goals of a Document Retention Policy can include:

•  Retention of important documents for reference and future use;

•  Deletion of documents that are no longer necessary for the proper functions of the  company;

•  Ensure that documents are only being stored by the custodians of the records;

•  Organize important documents for efficient retrieval; and

•  Ensure that company employees know what documents should be retained, the length of their retention, means of storage, and when and how they should be destroyed.

In the words of the IRS, a “document retention and destruction policy identifies the record retention responsibilities of staff, volunteers, board members, and outsiders for maintaining and documenting the storage and destruction of the organization’s documents and records.” (Source: Instructions to the Form 990 page 20).

According to the CIO.com, “The 2002 Sarbanes-Oxley regulations served as a wake-up call for CIOs to formalize document retention policies to meet compliance requirements. But regulatory demands—and the number of documents produced daily—continue to grow. So a solid document management process is a necessity.” While document retention policies are critical for every business, those businesses subject to Sarbanes must be especially diligent.

If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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The Importance of Protecting Firms and Clients with a Properly Executed Document Retention Policy – Part 1

Closeup to the word "Policy"When executed properly a Document Retention Policy can provide protection from litigation sanctions. In the legal realm, having a reasonable, consistent and defensible document retention policy, in conjunction with a proper litigation hold procedure can help avoid spoliation claims from opposing parties. Spoliation can lead to sanctions or even adverse judgment in a case. (See Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497 (D. Md. 2010) for example).

A document retention policy must be:

•  Documented

•  Disseminated and,

•  Enforced

Of course, a legal hold process needs to exist for document retention suspension for specific litigation. While most document retention policies have similarities; it is important for each company or firm to have one customized to address its own data creation, storage and industry requirements.

Look for Document Retention Policy Goals in The Importance of Protecting Firms and Clients with a Properly Executed Document Retention Policy – Part 2. If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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