While the threat of "big data" — massive amounts of data inside an organization — has cast a shadow over IT and legal departments for several years, the real challenge can oftentimes be the variety. It's why we believe the real challenge is less about "big data" and more about "new data types" — that quickly defeat traditional collection and review tools and strategies.
While adoption in Australia is quickly evolving, the industry continues to question and debate the extent to which predictive coding results can be defended and whether it is truly a reliable method for more effectively leveraging the effort of human reviewers in e-discovery.
Organisations can expose themselves to massive risks, costing millions of pounds, if they don’t fully grasp the contracts they’ve inherited in an acquisition or properly manage the auto-renewals of their business contracts
Whether seriously or in jest, we’ve all heard, “There’s probably an app for that.” Well, technology experts say board members should know about — and encourage senior managers to deploy — new apps and computer programs that could help fend off lawsuits that charge directors with negligence or poor oversight.
Information governance is often thought about in the context of IT efficiency, data security and regulatory compliance. While it is true that these are the most critical drivers for executing data governance programmes, there is an equally important factor that deeply resonates with a corporation’s board and C-suite: reputational risk.
A lot of organizations have created general information management policies, which are typically owned by the records or knowledge management teams. These policies include a retention and deletion schedule that in theory should be defensible, and address legal hold and compliance needs. But in practice, these policies typically cannot be executed upon or maintained.
Information governance isn't top of mind during most restructuring planning, but ignoring it can have devastating financial consequences.
ILTA Peer to Peer 1/16/2017
Skills You Need To Climb the Mountain of Data Challenges
Sound information governance (IG) procedures are critical to broader legal, compliance and IT strategies. IG helps maintain compliance, reduce e-discovery costs, streamline large data volumes and bolster cybersecurity. Strategic and documented IG can also be helpful in defending data retention practices against motions for sanctions during litigation.
Sonia Cheng discusses important considerations corporate IT, legal and compliance teams need to address before the move to the cloud occurs.
ACC Docket 11/7/2016
How to Safeguard the Crown Jewels in the Age of Information Security Threats
Not all enterprise data is created equal, nor should it all have the same protections. Well-publicized data breaches, from customer credit card information to employee health records, highlight the increasing need for companies to better secure sensitive data. However, many organizations lack executive support for information governance, and others feel hampered due to their legal or regulatory profile.
The latest round of amendments to the Federal Rules of Civil Procedure (FRCP) went into effect in December 2015. The explicit addition of proportionality – the determination of how the cost and burden of collecting evidence for the case weighs against the matter’s overall value – to Rule 26(b)(1), which governs the scope of electronic discovery, is likely to arm defendants with stronger arguments against collecting certain electronic data for a matter. Here are some of the strategies our clients are implementing to help argue for proportionality in civil litigation.
Like everything else in e-discovery, recorded audio evidence should be approached holistically, and in carefully planned stages. By first focusing on addressing reactive issues and ensuring that the expectations of regulators are met, and then moving toward attainable, proactive information governance initiatives, corporations will be more successful in driving meaningful change.
When tackled strategically and with the right approach, leveraging structured data can increase e-discovery efficiency and provide valuable information about document sets that might otherwise be invisible or lost.
The authors explain why companies and their counsel must understand the unique challenges
that the preservation and discovery of text messages pose compared to more traditional
data sources, such as e-mail.
Employee surveillance is one of the most sensitive—and yet, rapidly evolving—areas of compliance for financial services firms today. Initially a response to regulatory pressure, surveillance obligations are now becoming an integral part of a robust internal control system.
Our brain better understands data quickly when it is presented in a visual form, rather than list view. You can spot trends and inconsistencies much faster and reduce the overall cost of a very expensive endeavor.
While data re-use is a very effective solution to some of today’s most cumbersome e-discovery challenges, it isn’t as simple as it may seem. Download this article to find out more about the best practices for effectively re-using attorney work product across multiple matters.
Strong working relationships between companies, law firms and ser¬vice providers are essential to the suc-cess of e-discovery projects. Metropolitan Corporate Counsel interviews FTI Technology’s Jessica Block on best practices for improving working relationships and collaboration across these key stakeholders.
A managed review offering delivers more than just contract attorneys. Kathryn McCarthy and Sophie Ross, Senior Managing Directors in FTI Consulting’s Technology practice spoke with Metropolitan Corporate Counsel on the merits of managed review and shared their insights.
This article discusses the findings of this year’s Magic Quadrant for E-Discovery, one of the largest that Gartner publishes. There are 22 vendors in it this year, including nine in the Leaders Quadrant.
Learn how the 5th Annual Advice from Counsel survey uncovers “The Emerging E-Discovery Playbook,” by distilling Fortune 1000 counsel answers to the age old question, what’s changed in the last five years and what lies ahead?
This article discusses recent case studies of matters involving the management of employee data and practical advice on how to implement and maintain best practices for this specialized area of information governance.
With e-discovery now a part of the vast majority of litigation and investigations, information governance policies or lack thereof can severely impact the outcome of a matter as it relates to electronically stored information.
In this SearchCompliance Q&A from the ARMA International Conference and Expo in Las Vegas in October, conference speaker Veeral Gosalia discussed the changing state of e-discovery in the face of mobile devices and cloud computing.
Here are five tips for managing the legal and technical nuances of social media usage and e-discovery collections within corporations; and case study data to evidence how these can be applied to the real world.
FTI Technology, the business segment of global business advisory firm FTI Consulting, has launched a new version of its Ringtail e-discovery software, including the launch of its predictive coding software.
The Editor interviews Kathryn McCarthy, Senior Managing Director, FTI Consulting, Inc. She is a noted expert in second request antitrust investigations and e-discovery process, and she regularly advises on matters that involve international data privacy issues.
While the promise of predictive coding is alluring, many questions remain. To make sense of this dialog, FTI Technology recently conducted a survey of law firm leaders and senior corporate counsel that identifies key trends and perspectives on the emergence of predictive coding.
Today's General Counsel - Robert Omeljanivk and Eliot Davidoff, FTI Technology 5/15/2013
As the e-discovery march goes on, litigants continue to wrestle with questions and disputes both familiar and novel. This article covers what legal departments can learn from recent opinions related to predictive coding, social media and more.
Veeral Gosalia, a Senior Managing Director at FTI Consulting, explains why the search, collection and preservation of email and electronic evidence should be executed by well-trained professionals in a way that assures defensibility and evidence integrity.
ALA Currents - Nina Millman, FTI Consulting 4/25/2013
The editor presents a summary of the FTI commissioned whitepaper, Advice From Counsel: Can Predictive Coding Deliver On Its Promise? Authored by Ari Kaplan, Legal Consultant and Principal of Ari Kaplan Advisors.
According to a recent study, most attorneys do not understand how predictive discovery works and are apprehensive about using it. Taken out of the black box, you can implement predictive discovery in a defensible manner.
The UK Bribery Act has been called the toughest anti-corruption legislation yet, but enforcement actions have been slow to materialize. Corporations should use this time to develop systems and procedures for internal investigations.
According to a survey by FTI Consulting's technology practice, China's disparate data privacy requirements to secrecy laws and foreign blocking statutes are impeding investigations under the U.S. Foreign Corrupt Practices Act (FCPA).
Faced with ever-expanding quantities of data, corporate execs and IT pros are becoming increasingly concerned with data management. You can’t keep everything, but you can implement better policies and practices.
Data privacy laws can significantly challenge the e-discovery process in corruption investigations. Fortunately, there are steps companies can take to comply with local laws, yet still allow swift reporting to the U.S. government.
The key to a successful cloud implementation is not to control information in the cloud, but to concentrate on risk mitigation and defensibility by developing, managing and auditing proactive policies.
By creating structure around the e-discovery process and proactively negotiating with vendors, in-house counsel can move away from unpredictable per-unit pricing models in exchange for more transparent fee structures.
Multinational companies face U.S. legal and regulatory bodies demanding employee documents from jurisdictions with strong data protection laws. Develop protocols now to comply with court data demands without breaching privacy laws.
FTI Journal - James Scarazzo & Jason Ray, FTI Technology 3/1/2012
The Editor interviews Mike Kinnaman, Senior Managing Director, FTI Consulting about a survey involving 31 inside counsel seeking advice for their peers on streamlining and reducing the cost of e-discovery.
Metropolitan Corporate Counsel interviews Jason Ray, Director, FTI Consulting about the policies that corporations can put in place to protect themselves as social media and its discoverable data is on the rise.
Poor collaboration between client, counsel and integrated document review provider will lead to a myriad of problems that raise costs and potentially expose the client and counsel to risk. It comes down to communication and trust.
Bureau of National Affairs, Inc. - James R. Scarazzo, FTI Technology 4/14/2011
Microsoft’s LogParser utility, designed to monitor message flow for production and troubleshooting in an Exchange environment, may also be applied for conducting investigations of unacceptable communications.
With restrictions on cross-border data mobility, mobile e-discovery allows lawyers to conduct electronic document searches and reviews where the data resides. Technology is brought to the data rather than the other way around.
KNM World - Larry Briggi, FTI Technology 2/11/2011
With a growing array of stringent data-privacy regulations, taking data out of foreign countries can be very complex, challenging and costly. Instead, companies are doing the reverse: taking the review and processing to the data.
Information Management - Larry Briggi, FTI Technology 10/12/2010
The dynamic nature of SharePoint, combined with common delays within the e-discovery process, increases the risk of spoliation. Considerations should be made by legal and IT teams in advance of inevitable SharePoint collections.
CMS Wire reports on FTI Technology’s SharePoint Harvester software, a solution that offers e-discovery capabilities for the vast amount of data stored within SharePoint environments based on custodian information.
EDJ reports on predictive coding in Acuity, FTI Technology’s managed document review offering. A combination of known decisions and automated suggestions provides dynamic training, increased review speed and consistency.
The E-Disclosure Information Project - Chris Dale 2/20/2010
Chris Dale reports Attenex and Ringtail may be familiar names in the e-discovery market, but they are part of a framework of infrastructure, processes, workflows and people which together make up FTI Technology.