Category Archives: Legal Process Outsourcing

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.

Government Investigations in E-Discovery

One of the biggest fears an organization faces is a government issued subpoena. This is NOT the point at which you should begin data collection as it is both costly and time consuming, because unlike traditional litigation there is no negotiation in the scope of discovery and prevention. At this point you have to consult the counsel, whose role is to advise the client on the collection and production of pertinent data. These types of data include ESI, which is defined as any electronic form that may be subject to production under common E-Discovery rules.

Generally speaking, most subpoenas that lead to requesting production of information is done by one of its cabinet based agencies. These agencies include; the SEC (Securities and Exchange Commission), the DOJ (department of justice) and the private corporation FINRA (Financial Industry Regulatory Authority). These subsectors of the U.S. Government are important to E-discovery and play a pivotal role in the compliance of data delivery. The Counsel relies on third party source providers in this field to respond to these inquires.

These agencies can be intimidating if your business receives a subpoena for investigation. To make sure you stay compliant you should be aware of the following guidelines. In DOJ E-Discovery there has been a new ESI Discovery protocol implemented in February of 2012. The protocol has goals that include promoting uniform best practices for recurring issues and protecting the security of sensitive information produced as discovery.

As a client you want to protect yourself from producing incriminatory evidence unintentionally. This does not mean that you shouldn’t comply with the FCPA program requirements, Instead companies should adhere to the rules as it may result in mitigation credits or escape of prosecution entirely. The key is to disclose all the facts relevant to the wrongdoing to the DOJ, but not more than is required by the FCPA pilot program. This is where E-Discovery providers step in to streamline the collection of relevant data and to discard data that is irrelevant. This in return motivates corporations to have more strict compliance programs in place in order to legally protect themselves by expediting the process of a government investigation and protect themselves from unnecessary prosecution. This can result in a huge difference in penalization when it comes to producing ESI data to a prosecutor.

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/

Important Questions to Ask When Choosing a Legal Process Outsourcing (LPO) Provider

ask an expert in 3d letters and blockFor corporate legal departments and outside counsel, eDiscovery vendors can act as an extension of their legal department, providing data security and a customizable process to contain the cost and risks associated with litigation discovery.

“In an economy where controlling costs is paramount, legal process outsourcing (LPO) may seem an attractive option for reducing and rising corporate legal costs,” according to the American Bar Publication “Legal Process Outsourcing, Leveraging a New and Improved Legal Support Business Mode.”

Some important questions to ask include:

  • What are the qualifications of the people performing the work?
  • How does the company handle project management?
  • What is their process?
  • How do they handle security?
  • How responsive are they?
  • What is their approach to Early Case Assessment?

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

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