Lighthouse Blog

This year’s International Women’s Day theme is “embracing equity.” The theme challenges us to consider why “equal opportunities are not enough” and reminds us that allies are “incredibly important for the social, economic, cultural, and political advancement of women.”This challenge, presented to both women and allies alike, to keep striving for gender equity and resist settling into complacency seems particularly fitting in 2023. The past year has brought with it a growing acceptance that the only constant we can depend on is change. Three years after a global pandemic altered our world, there seems to be a growing acceptance that this constant state of unpredictability and volatility across the global economic, social, political, and ecological environments, may be “the new norm” we all talked about in 2020. This broader acceptance of instability brings with it a silver lining: A parallel realization that we cannot afford to wait for “things to return to normal” in order to continue fighting for gender equity. If we do, we risk backsliding and losing the ground that generations of women before us fought so hard to gain. For example, studies have shown that women and girls are more negatively impacted by global economic crises than men, and that the recent rise in inflation rates more negatively impacts women than men. Now more than ever, it is imperative to remain focused on the fight for gender equity. In celebration of International Women’s Day, Lighthouse invited six leaders in the legal industry to provide their perspectives and advice on this topic:Ashley Baynham, Senior Counsel, Litigation, Kaiser PermanenteM. Alexandra Billeb, Senior Practice Manager, Cleary Gottlieb Steen & Hamilton LLPJeannie E. Farren, Director of Case Management and Technology | eDiscovery and Information Governance, MetaKayann Fitzgerald, Director of eDiscovery & Practice Technologies, Davis Wright Tremaine LLP Brooke Oppenheimer, Counsel, eDiscovery, Cyber & Data Protection, Axinn Veltrop & HarkriderMichelle Six, Partner, Litigation, Kirkland & EllisThey have each consistently championed women while fighting for broader equity and inclusion within their own careers and practices. Lighthouse is honored to highlight the valuable insight these leaders provided regarding the current state of gender equity and how we can all continue to strive for progress.In part one of our series, we explore what gender equity means in 2023 and its impact on work and life. And tomorrow, part two will highlight practical advice for achieving greater equity and its benefits in the future. True gender equity is more than a woman’s presence in a conference roomBefore we can discuss how to move forward, we must first define the goal: What would it mean to achieve true gender equity? The overwhelming consensus was that in 2023, a woman’s mere presence in a meeting is not a realization of ‘gender equity.’ Rather, true gender equality comes when women not only have a seat at table, but an equal voice in the conversation: Gender equity is an intentional awareness that creates the fairness in that “seat at the table” where ideas, views and decisions are exchanged and made. While progress has been made, we still have a long way to go as a society to ensure women’s voices are heard and regarded, not ignored and unnoticed. In the words of the late Honorable Ruth Bader Ginsburg, "Women belong in all places where decisions are being made… It shouldn't be that women are the exception."—Kayann FitzgeraldTrue gender equity would mean that women would never have to walk into a conference room wondering what percentage of the participants will be women. It would mean women would never have to wonder if their compensation was equal to that of a male counterpart. The fact that we must still be counted or tallied as “women lawyers” or “women in the industry” is a sign that we have not yet achieved parity. We still have an asterisk next to our name. True gender equity would mean we could eliminate that asterisk. —Michelle SixEquity for women is having a seat at the table, a voice that is heard, listened to, and respected and equal access to opportunities for leadership. —M. Alexandra BillebAchieving equity for women includes ensuring women have a seat at the table, participate in decision-making, and have their perspectives and contributions valued and respected. —Brooke OppenheimerWith that vision for gender equity in mind, our featured leaders provided a few key suggestions for individuals and organizations seeking to create a more gender equal environment. Recognize the true value of our differencesA surprising first step toward creating a truly equal environment may be to recognize our differences. At its core, diversity means variety. It means there are real immutable differences between gender identification, between races, between religions, between sexual orientations, between nationalities, etc. Rather than trying to erase those differences, individuals and companies must recognize those differences:A truly equitable world would not only give equal opportunities to women in the workplace—it would also be fully appreciative of our differences. If you look across certain industries where equal opportunities are given, there's still minimal accounting for societal and biological differences between women and men. Those differences may take a variety of forms. For example, differences in the economic status between men and women due to systemic pay inequities, differences in the mental and physical workload women often carry compared to male partners in family units, differences in the communications styles due to generational gender bias and social pressure on women, etc. A truly equitable workplace must recognize and account for those differences. —Ashley BaynhamOnly once we recognize our differences, can we then recognize and account for the true value (both intangible and monetary) those differences bring to the table:Gender equity and other diversity and equity efforts should not be relegated to a ‘nice to have’ or be put on a shelf during times of economic volatility. Having different and diverse voices represented in the room provides a real and significant value to our clients and to the business as a whole. Without it, we retreat into the predictability of hearing the same voices over and over in an echo chamber. We miss out on new and innovative ideas and lose the potential to learn from a diverse group of people who bring different perspectives, experiences, and backgrounds to the table. —Michelle SixOnce the value of diversity is accounted for, companies and law firms are less likely to marginalize equity efforts during times of economic volatility. Recognize that gender equity is not just a “women’s rights issue”In the same vein, individuals and companies are more likely to focus on rectifying gender inequities when they can clearly see how these solutions will be beneficial to a broader group. There are systemic equity issues that I don’t know how we will address as individual organizations until there is a shared societal understanding that these are issues that affect everyone—this is an obstacle at the very core. —M. Alexandra BillebWe must stay focused on providing opportunities and platforms to empower women to build each other up, while continuing to tear down stereotypes and create cultures focused on the equity mission. The quote, “Gender equality is not a woman’s issue, it is a human issue. It affects us all,” speaks loudly to this point. —Kayann Fitzgerald Historically, we have seen this dynamic play out on a larger stage. When we look back at the history of women’s rights, we can see that the equity issues that women have been fighting for generations (equal educational and career opportunities, better and more affordable childcare options, financial and wage equity, etc.) are not specific to women—they are broader human rights issues.I am fortunate to have a mother who played a significant role to me and many others regarding equity for women. She continually encouraged and pushed against the status-quo during a time where it was more common for women to be married shortly out of high school, have children, and don the homemaker hat. She networked before networking was a thing, created an enviable career in her chosen profession (nursing) while raising three children…all while scratching, clawing, and climbing the equity ladder, bringing along many a female colleague with her. —Kayann Fitzgerald Any progress that previous generations of women have made toward gender equity has exponentially made the world a better, more equitable place for everyone. Equity for women was instilled in me (by my mother) and has deeply influenced my professional endeavors…and now I have a front row seat watching my two daughters create their respective paths and define their “seat at the table.” This awareness, empowerment, and creating access to opportunities is paramount in forming a truly equitable society. —Kayann Fitzgerald Once viewed in this lens, it is easy to recognize how the work we do today to close gender equity gaps will positively impact future generations, regardless of gender. In fact, many of our featured industry leaders recommend focusing on the next generation as one the best ways to make impactful and real change. No matter our gender or background, we all desire to live in a world where our children are not negatively impacted by stereotypes or biases.A truly equitable world for women would be one where gender roles are not engrained into young girls, where young women are encouraged to pursue any career that interests them, not just ones which are stereotypically earmarked for women. —Brooke Oppenheimer I see society evolving from generation to generation in terms of how people think about gender and gender norms. I think the biggest impact we can have on the creation of a more equitable society for women continues to push for that evolution—and that starts with our children. It means stamping out perceptions of gender bias in young kids, and remaining cognizant of the unconscious biases that can develop in children. It means working to ensure that my young son and daughter know they can both play with dolls and they can both play with trucks. We need to continue to evolve past the idea from older generations that "this is for boys and this is for girls." —Ashley BaynhamThis recognition of the universally beneficial impact of closing gender equity gaps is also exemplified in in other areas traditionally associated with the fight for gender equality. For example, one area of significant improvement noted by many of our featured industry leaders was a change to more flexible work environments. Law firms especially have typically required associates to work long hours in an office in order to secure a partnership. Because women have traditionally held the role of primary caregivers in family structures, this requirement led to a high percentage of women dropping out of big law in favor of less structured work environments. For this reason, prior to the COVID-19 pandemic, the fight for more flexible schedules and remote work options was often primarily framed as a gender equity issue. But when the world shut down in 2020, millions of employees experienced the benefits of more flexible work environments, and pushed back against returning to offices and rigid schedules once pandemic restrictions began to fade. In terms of improvement, I think that flexible work arrangements have been a real silver lining of the COVID pandemic. We have proven, over and over, that we can be effective at our jobs at home as well as in the office and early in the morning as well as late at night. Successful organizations will be those that understand we can’t go back to 2019 with 9 to 5 schedules worked on site. —M. Alexandra BillebBecause a broader spectrum of people began to contemplate, recognize, and advocate for the benefits of flexible schedules and remote work options, organizations were pressured to make real, structural changes. In the same vein, many law firms and corporations have also made progress in broadening “maternity leave” to include “paternity leave” or “family leave,” due in part to the increasing diversity of modern family structures. Because there are now more voices advocating for the need for paid time off to spend with new children (beyond just the traditional paradigm of mothers who gave birth to biological children), many companies have begun to broaden their parental leave benefits. In turn, as more people experience the benefit paid time off provides to new parents and children, we can expect increasing advocacy for companies to open that same door for other types of caregivers.I have seen great improvement in work flexibility and a huge commitment to maternity and family leave for both men and women. However, I know that the private sector still fails to position family leave equally. Whether you’re adopting an infant or a teenager, giving birth via surrogacy, or caring for an elderly or sick family member—all of those scenarios should be afforded the same types of family leave options that an employer provides to any employee. We should be striving for a world where there is a uniform family leave policy. —Michelle SixTo impact change more quickly, women and allies can highlight the broader benefits of closing gender equity gaps. For instance, women often face higher rates of workplace burnout caused by remote working because we are still statistically more likely to be considered the primary caregiver in family structures: Working remotely for women in particular has essentially blurred all of the lines and guardrails that use to separate home-life responsibilities from work-life responsibilities. I’m seeing burnout now more than ever before, and it has forced me to become more thoughtful and creative around meeting the women on my team exactly where they are in life. This is a moment in time where we have to allow people to own their schedule, to have the flexibility to be present in their lives in ways deemed most important to them, to blaze their own unique trail and to write their own story. —Jeannie E. FarrenWhile this issue may impact more women than men, it is easy to see how guidelines and tactics that help define clearer boundaries between home and work would be universally beneficial to all remote workers, regardless of gender identity. The same can be said for broader issues that statistically have a greater and more adverse impact on women, like the pressure to cover gaps in school schedules:A significant obstacle to gender equality actually lies in the mismatch between school systems and the reality of modern work environments. In order to have career advancement, you have to be showing up at work— undistracted and focused. Unfortunately, our school systems are still working off a 1940s/1950s model of having one parent at home. That simply is not the reality for most families today. Because women often still tend to carry the physical and mental load of being the primary caregiver in a family, that school structure puts added pressure on women to work around school schedules. This pressure often includes taking more time from work than male partners to accommodate weeks of school holidays and vacations, school start, and dismissal times that do not align with traditional work schedules, etc. And those obstacles and pressure impact people with lesser means much, much harder. —Ashley Baynham Here again, while the issue may impact more women than men, it is easy to see how a better, more modern school system would benefit not only women, but children, families, and those with limited or lesser incomes. Ultimately, then, the fight for gender equity is a fight for equity for all, regardless of gender identity: I believe one the biggest obstacles in advancing equity in the workplace is assumptions. In 2023, we need to remove conventional gender roles, especially post-pandemic, to realign, invest, and lean in on workplace equity. —Kayanne FitzgeraldOnce we can quantify and recognize the value gender equity provides to women and others, the next step is to find practical ways to minimize gender equity gaps. In part two of our series, our featured industry leaders discuss tips and advice for helping us achieve these goals.diversity-equity-and-inclusionblog, dei, diversity-equity-and-inclusionblog; deisarah moran

Few things are more ominous to a company’s in-house counsel than the prospect of facing thousands of individual lawsuits across 30-40 jurisdictions, alongside various other companies in a multi-district litigation (MDL) proceeding. In-house teams can, of course, lean on the expertise of external law firms that have strong backgrounds in MDLs. However, even for experienced law firms, coordinating an individual company’s legal defense with other law firms and in-house counsel within a joint defense group (JDG) can be a Sisyphean task. But this coordination is integral to achieving the best possible outcome for each company, especially when it comes to identifying and sharing the documents that will drive the JDG’s litigation strategies. An MDL can involve millions of documents, emanating from multiple companies and their subsidiaries. Buried somewhere within that complicated web of data is a small number of key documents that tell the story of what actually happened—the documents that explain the “who, what, where, and when” of the litigation. Identifying those documents is critical so that JDG counsel can understand the role each company played (or didn’t play) in the plaintiffs’ allegations, and then craft and prepare their defense accordingly. And the faster those documents are identified and shared across a JDG, the better and more effective that defense strategy and preparation will be. In short: A strong and coordinated key document search strategy that is specific to the unique ecosystem of an MDL is crucial for an effective defense. Ineffective search strategies leave litigators out at sea Unfortunately, outdated or ineffective search methodologies are often still the norm rather than the exception. The two most common strategies were created to find key documents in smaller, insular litigation proceedings involving one company. They are also relics of a time when average data volumes involved in litigation were much smaller. Those two strategies are: one, relying on linear document review teams to surface key documents as they review documents one by one in preparation for production, and, two, relying on attorneys from the JDG’s counsel teams to arbitrarily search datasets using whatever search terms they think may be effective. Let’s take a deeper look at each of these methodologies and why they are both ineffective and expensive: Relying on linear review teams to find key documents. Traditional linear review teams are often made up of dozens or even hundreds of contract attorneys with no coordination around key document searches and little or no day-to-day communication with JDG counsel. Each attorney reviewer may also only see a tiny fraction of the entire dataset and have a skewed view of what documents are truly important to the JDG’s strategy. The results are often both overinclusive (with thousands of routine documents labeled “key” or “hot” that JDG counsel must wade through) and underinclusive (with truly important documents left unflagged and unnoticed by review teams). This search method is also painfully slow. Key documents are only incidentally surfaced by the review team if they notice them while performing their primary responsibility—responsive review. Relying on attorneys from JDG counsel teams. Relying on individual attorneys from the JDG’s outside counsel to perform keyword searches to find key documents is also ineffective and wastefully expensive. Without a very specific, coordinated search plan, attorneys are left running whatever searches each thinks might be effective. This strategy inevitably will risk plaintiffs finding critical documents first, leaving defense deposition witnesses unprepared and susceptible to ambush. This search methodology is also a dysfunctional use of attorney time and legal spend. Merits counsel’s value is their legal analytic skillset—i.e., their ability to craft the best litigation strategy with the evidence at hand. Most attorneys are not technologists or linguistic experts. Asking highly skilled attorneys to craft the most effective technological and linguistic data search is a bit like asking an award-winning sushi chef to jump onboard a fishing vessel, navigate to the best fishing spot, select the best bait, and reel in the fish the chef will ultimately serve. Both jobs require a highly specialized skillset and are essential to the end goal of delighting a client with an excellent meal. But paying the chef to perform the fisherman’s job would be ineffective and a waste of the chef’s skillset and time. Both of these search strategies are also reactive rather than proactive, which drives up legal costs, wastes valuable resources, and worsens outcomes for each company in a JDG. A better approach to MDL preparation and strategy Fortunately, there is a more proactive, cost-efficient, holistic, and effective way to identify the key documents in an MDL environment. It involves engaging a small team of highly trained linguists and technology search experts, who can leverage purpose-built technology to find the best documents to prepare effective litigation strategies across the entire MDL data landscape. A specialized team with this makeup provides a number of key advantages: Precise searches and results—Linguistic experts can carefully craft narrow searches that consider the nuance of human language to more effectively find key documents. A specialized search team can also employ thematic search strategies across every jurisdiction. This provides counsel with a critical high-level overview of the evidence that lies within the data for each litigation, enabling each company to make better, more informed decisions much earlier in the process.Quick access to key documents—Technology experts leveraging advanced AI and analytics can ensure potentially damaging documents bubble up to the surface—even in the absence of specific requests from JDG counsel. Compare this to waiting for those documents to be found by contract attorneys as they review an endless stream of documents, one by one, during the linear review process. A flexible offensive and defensive litigation strategy—A team of this size and composition can react more nimbly, circulate information faster, and respond quicker to changes in litigation strategy. For example, once counsel has an overview of the important facts, the search team can begin to narrow their focus to arm counsel with the data needed for both offensive and defensive litigation strategies. The team will be incredibly adept at analyzing incoming data provided by opposing counsel—flagging any gaps and raising potential deposition targets. Defensively, they can be used by counsel to get ahead of any potentially damaging evidence and identify every document that bolsters potential defense arguments. An expert partner throughout the process—A centralized search team is able to act as a coordinated “search desk” for all involved counsel, as well as a repository and “source of truth” for institutional knowledge across every jurisdiction. As litigation progresses, the search team becomes the right hand of counsel—using their knowledge and expertise to prepare deposition and witness preparation binders and performing ad-hoc searches for counsel. Once a matter goes to trial in one jurisdiction, the search team can use the information gleaned from that proceeding to inform their searches and strategy for the next case. Conclusion Facing a complex MDL is an undoubtedly daunting process for any company. But successfully navigating this challenge will be downright impossible if counsel is unable to quickly find and understand the key facts and issues that lie buried within massive volumes of data. Traditional key document search methodologies are no longer effective at providing that information to counsel. For a better outcome, companies should look for small, specialized search teams, made up of linguistic and technology experts. These teams will be able to build a scalable and effective search strategy tailormade for the unique data ecosystem of a large MDL—thereby proactively providing counsel with the evidence needed to achieve the best possible outcome for each company. lighting-the-way-for-review; ai-and-analytics; ediscovery-review; lighting-the-path-to-better-review; lighting-the-path-to-better-ediscoveryreview, blog, ai, ai-and-analytics, ediscovery-reviewreview; blog; aikdisarah moran

With a new look, and new co-host, Law & Candor returns for its 10th season. Paige Hunt, Vice President of Global Discovery Solutions at Lighthouse, joins Bill Mariano for more compelling conversations with industry leaders and luminaries in the legal and technology spaces.In six brand new episodes, our guests and co-hosts explore some of the most pressing issues for the industry, including: data governance in the work-from-home era; improving mental health in legal and eDiscovery; the power of review analytics; championing diversity, equity, and inclusion; the role of AI in cross-border data transfer; and self-service, spectra solutions for internal investigations.Listen and learn more about the episodes : Episode 1: Data Governance for the BYOD AgeEpisode 2: Review Analytics for a New EraEpisode 3: Legal’s Mental Health ImperativeEpisode 4: Anonymization and AI: Critical Technologies for Moving eDiscovery Data Across Borders Episode 5: Investigative Power: Utilizing Self Service Solutions for Internal Investigations  Episode 6: A Journey from One to All in Legal with Diversity, Equity, and Inclusion   For more news and updates, follow Law & Candor on Twitter. And if you want to catch up on past seasons or special editions, click here.For questions regarding this podcast and its content, please reach out to us at info@lighthouseglobal.com. ediscovery-reviewblog, podcast, ediscovery-review,blog; podcastmitch montoya

Legal teams approaching a Hart-Scott-Rodino (HSR) Second Request may hold false assumptions about what is and isn’t possible with document review. Often these appear as necessary evils—compromises in efficiency and precision are inevitable given the unique demands of Second Requests. But, in fact, these compromises are only necessary in the context of legacy technology and tools. Using more current tools, legal teams can transcend many of these compromises and do more with document review than they thought possible.Document review during an HSR Second Request is notoriously arduous. Legal teams must review potentially millions of documents in a very short timeframe, as well as negotiate with regulators about custodians and other parameters that could change the scope of the data under review.Up until recently, legal teams’ ability to meet these demands was limited by technology. It wasn’t possible to be precise and thorough while also being extremely quick. As a result, attorneys adopted certain conventions and concessions around the timing of review steps and how much risk to accept.Technology has evolved since then. For example, tools powered by advanced artificial intelligence (AI) utilize deep learning models and big data algorithms that make review much faster, more precise, and more resilient than legacy tools. However, legacy thinking around how to prepare for Second Requests remains. Many attorneys and teams remain beholden to the constraints imposed on them by tools of the past. New review tools enable new approaches and benefits, eliminating these constraints. Here’s a look at three of the most common myths surrounding document review during Second Requests and how they’re proven false by modern review tools.Myth 1: Privilege review must come after responsive reviewThe classic approach to reviewing documents during a Second Request is to start by creating a responsive set and then review that set for privileged documents. This takes time— an extremely precious commodity during a Second Request—but these steps are unavoidable with legacy tools. The linear nature of legacy review models requires responsive review to happen first because supporting privilege review over an entire dataset simply is not a feasible task over potentially millions of records. Tools leveraging advanced AI, however, are well suited to support scalable privilege analysis with big data. Rather than save privilege review for later, legal teams can conduct privilege review simultaneously with responsive review. This puts documents in front of human reviewers sooner and shaves invaluable hours off the timeline as a whole.Myth 2: Producing privileged documents to regulators is inevitableInadvertently disclosing privilege documents to federal agencies is so common the Federal Rules of Civil Procedure give parties some latitude to do so without penalty. Even so, the risk remains of inadvertent disclosure during a Second Request that will invite additional questions and scrutiny from regulators and undermine the deal.Although advanced AI tools cannot eliminate the possibility of inadvertent disclosure, these automated solutions can vastly reduce it. In one recent Second Request, a tool using advanced AI was able to identify and withhold 200,000 privilege documents that a legacy tool had failed to catch. This spared the client from costly exposure and clawbacks.Myth 3: There’s no time to know the details of what you’re producingWith massive datasets and very little time to review, legal teams get used to producing documents without fully knowing what’s in them. This can cause surprise and pain down the line when regulators ask for clarification about information the team isn’t prepared to address.With advances in technology, teams can gain more clarity using tools that identify key documents. These tools conduct powerful searches of both text and document attributes, using complex and dynamic search strings managed by linguistic experts. Out of a million or more documents, key document identification can surface the one or two thousand that speak precisely to attorneys’ priorities, efficiently helping counsel prepare for testimony and other proceedings.What’s your Second Request strategy?Second Requests will always be intense. Advancements in eDiscovery technology prove the limits of the past don’t apply today. With technology moving beyond legacy tools, it is time for teams to move beyond legacy thinking as well.For more detail about how advancements in technology help teams meet the demands of Second Requests, download our eBook.antitrust; ediscovery-review; ai-and-analyticsreview, hsr-second-requests, blog, antitrust, ediscovery-review, ai-and-analytics,review; hsr-second-requests; blogkamika brown

As eDiscovery becomes more complex, organizations are turning to hybrid solutions that give them the flexibility to scale projects up or down as needed. Hybrid solutions offer the best of both worlds: the ability to use self-service, spectra for small matters or full-service for large and complex matters. This flexibility is essential in today's litigation landscape, where the volume and complexity of data can change rapidly. Hybrid solutions give organizations the agility to respond quickly and effectively to changing eDiscovery needs. In a recent webinar, I discussed hybrid eDiscovery solutions with Jennifer Allen, eDiscovery Case Manager at Meta, and Justin Van Alstyne, Senior Corporate Counsel, Discovery and Information Governance at T-Mobile. We explored some of the most pressing eDiscovery challenges, including data complexity, staffing, and implementation. We also discussed scenarios that require flexible solutions, keys to implementing new technology, and the future of eDiscovery solutions. Here are my key takeaways from our conversation.Current eDiscovery challengesA hybrid approach can transition between an internally managed solution and a full-service solution, depending on the nuances and unique challenges of the matter. This type of solution can be beneficial in situations where the exact needs of the case are not known at the outset. A few challenges come into play when deciding your approach to a project:Data volume: When dealing with large data sets, being able to scale is critical. If the data for a matter balloons beyond the capacity of an internal team, having experts available is critical to avoid any disruptions in workflows or errors.Data predictability: When it comes to analyzing data, consistency and predictability can greatly inform your approach to analysis. Standard data allows for more flexibility, as there is an expectation that the results will fall within a certain range. However, to ensure accurate representation, caution must be exercised when dealing with complicated big data. It is important to consider variables, potential outliers, and how the data is compiled and presented. Internal capacity: It's important to monitor and manage the internal workload of your team closely. When everyone is already at their maximum capacity, it can be tempting to outsource various tasks to a full-service project manager. Technology can be a more cost-effective and efficient method for filling the gaps.The right talent and knowledge Finding and utilizing the right team in today's competitive labor market can be difficult. A hybrid solution can help with this by providing a scalable way to get the most out of your workforce. With a hybrid solution, you have the option to staff fewer technical positions and provide training on the data or matters your organization most frequently encounters with your existing team. But, if you have a highly complicated data source, you can still staff an expert who knows how to handle that data. An expert can shepherd the data into a solution, do extensive quality control to ensure that you marry up the family relationships correctly, and give confidence that you're not making a mistake.To assuage concerns about the solution being misused, technology partners can provide training and education, and limit access to who can create, edit, or delete projects within the tool. This training helps to upskill your team by teaching them more advanced technology, which leads to more efficient and sophisticated approaches to matters.Flexible solutions for different mattersA hybrid solution can be a great option for a variety of matters, including internal investigations, enforcement matters, third-party subpoenas, and case assessments. These matters can benefit from the flexibility and scalability provided by a hybrid approach.When determining if a matter needs full-service treatment, it's important to consider the specific requirements at hand. Questions around the volume and frequency of data production, the types of data involved, and the necessary metadata and tagging all play a role in determining if a self-service, spectra approach will suffice or if full-service support is needed. It's always important to consider the timeline and potential challenges during the transition. Using experience with similar cases can provide valuable insight into what might work best in your situation.Keys for implementing eDiscovery solutionsThere are a few critical components to keep in mind when evaluating which eDiscovery solutions and tools are right for your business now, and as it grows.Training team: With any new solution or product there may be some trepidation around learning and adoption. Leverage vendor support to answer your questions and help train your team. Keep them involved in your communications with outside counsel and internal teams so you can receive suggestions and assistance if needed. As users get more experience with the software, they will begin to feel empowered and understand how the tool can be used most effectively. Scalability: One of the most significant hurdles to scaling big eDiscovery projects is the amount of data that needs to be processed. With new data sources, tighter deadlines, and more urgency, it can be difficult to keep up with the demand. Using a fully manual process or a project management solution has a greater chance for error or increased cost. A flexible solution can help your team keep up with increasing data volumes while reducing costs and errors. Automation: Automating repetitive tasks and workflows can dramatically speed up data collection and analysis. This can be a huge advantage when investigating large, complex cases. Additionally, automation can help to ensure that data is collected and parsed consistently.Cost-benefit analysis: Through support and training with a self-service, spectra tool, you can work to reduce the number of support requests. This can minimize the time your team spends on each request and ultimately lowers the cost of providing support. The cost reduction of self-service, spectra tools is often substantial, and it can have a positive snowball effect as your team becomes more skilled at the task. You can reinvest those savings into other business areas with less need for oversight and fewer mistakes. The future state of eDiscovery solutionsThe proliferation of DIY eDiscovery solutions has made it easier for organizations to take control of their data and manage their cases in-house. As AI technology, including continuous active learning (CAL) and technology-assisted review (TAR), continues to evolve, teams will better understand how to handle the growing demands of data and implement hybrid tools. As we move into the future of eDiscovery and legal technology, DIY models will play an increasingly important role in supporting business needs.ediscovery-review; ai-and-analytics; lighting-the-path-to-better-ediscoveryself-service, spectra, blog, ediscovery-review, ai-and-analyticsself-service, spectra; blogself-service, spectrapaige hunt

The goal of Practice Direction 57AD (PD57AD, previously known as the Disclosure Pilot Scheme) is to modernise the UK’s disclosure practice. This transformation is essential because the traditional, manual, and combative approach to disclosure is unsustainable in the face of today’s massive data volumes and ever-evolving data sources. Manually collecting and reviewing millions of documents one-by-one has become prohibitively expensive, impossibly time consuming, and prone to the risk of both under and over disclosure. When you add in the combative approach between opposing parties, the traditional disclosure process becomes a recipe for skyrocketing legal costs, missed deadlines, and data issues that can derail entire matters. Conversely, a more cooperative approach that leverages AI technology can help improve the process—by allowing attorneys to focus their expertise on critical parts of the matter and refining AI tools to better handle data now and for future, related matters.Thus, PD57AD focuses on two pivotal elements to modernise disclosure: cooperation and technology. Specifically, PD57AD requires parties to “liaise and cooperate with the legal representatives of the other parties to the proceedings…so as to promote the reliable, efficient, and cost-effective conduct of disclosure, including through the use of technology.” Similarly, the Disclosure Review Document asks that each party outline how they “intend to use technology assisted review/data analytics to conduct a proportionate review of the data set” and further reminds parties of their duty to cooperate. Through PD57AD, legal teams’ relationships to each other and with technology is changing in a few crucial ways that present opportunities to work smarter, more cost effectively , and with greater agility.The duty to cooperateJudges are increasingly focusing on the language requiring cooperation between parties in PD57AD and will admonish counsel who attempt to use the disclosure process as a tool to punish an opposing party. For instance, in McParland & Partners Ltd v Whitehead, when a dispute arose involving the framing of the issues of disclosure, the judge took the opportunity to broadly remind both parties of the following: “It is clear that some parties to litigation in all areas of the Business and Property Courts have sought to use the Disclosure Pilot as a stick with which to beat their opponents. Such conduct is entirely unacceptable, and parties can expect to be met with immediately payable adverse costs orders if that is what has happened.”As data volumes grow and PD57AD becomes more cemented into the fabric of UK’s disclosure practice, there is a growing intolerance for “weaponised” disclosure practices by courts. Certainly, parties can expect that the days of “data dumping” (i.e., the strategy of over collecting and producing documents to bury the opposing party in data) or conversely, winning burden arguments related to the cost and time of manual review, are over. The duty to leverage technology Instead of this combative approach, courts will expect that parties come together cooperatively to agree on the use of technology to perform targeted disclosure that is both more cost effective and efficient. Indeed, in a cloud-based world, this symbiotic relationship between technology and legal is the only successful path forward for an effective disclosure process. Under this modern approach, the technology used to collect, cull, review, and produce data must be leveraged in such a way that results can be verified by opposing counsel and judges. This means that all workflows and processes must be transparent, defensible, and agreed upon by opposing counsel. Even prior to the implementation of the Disclosure Pilot Scheme in 2018, judges had begun to crack down on parties who attempted to “go it alone” by unilaterally leveraging technology to cull or search data in a non-transparent way, without the consent of opposing counsel and/or without implementing industry standard best practices. For example, in Triumph Controls UK Ltd., the judge explicitly admonished a party for deploying a computer assisted review (CAR) search strategy overseen by “ten paralegals and four associates” rather than a “single, senior lawyer who has mastered the issues in the case” to ensure that the criteria for relevance was consistently applied to effectively teach the CAR technology. He also rebuked the party’s CAR approach because it was not transparent and could not be independently verified. Because these technology best practices were not followed, the judge forced the producing party to go back and cooperatively agree with opposing counsel on an alternative review methodology to sample and re-review a portion of the original dataset. The future of disclosure for counsel and clients The modernisation of the disclosure process through cooperation and technology means that it will be increasingly imperative that each party has the requisite legal and technology expertise to meet the requirements of PD57AD. Specifically, each party must have a barrister who understands disclosure law and can guide them through each step of the process in a way that complies with PD57AD. Each party should also have an expert who understands how to implement technology to perform targeted, efficient, and transparent disclosure workflows. As seen from legal decisions emanating around PD57AD, parties without this expertise who attempt to “wing it” will increasingly find themselves facing delayed proceedings, hefty legal costs, and unfavourable judgements by courts. Law firms or corporations that don’t have the requisite expertise internally must look for an external partner that does. This is where an experienced managed review partner can provide a true advantage to both law firms and their clients. Parties should look for a partner who can provide a team of technology experts and experienced barristers, working in tandem and leveraging the industry’s best technology. This team should be ready to jump in at the outset of every matter to understand the nuances of the client’s data, as well as the underlying legal issues at play, so that each step of the disclosure process is performed transparently, defensibly, and efficiently. Over time, a managed review team can become a valuable extension of corporate in-house and law firm teams. This partner can use institutional knowledge, gained by working with the same clients across multiple matters, to create customised, strategic, and automated disclosure workflows. These tailored processes, designed directly for a client’s data infrastructure and technology, can save millions and achieve better outcomes. In turn, law firms can refocus their attention on the evidence that actually matters, while assuring their clients that the disclosure process is contributing to lower legal costs and better overall results.ConclusionUnder the modern approach to disclosure, parties must have someone on their team with the necessary legal and technology expertise to perform the type of targeted, cooperative, and transparent disclosure methodology now required by PD57AD. This partnership between legal and technology is truly the only path forward for a successful disclosure endeavour in the face of today’s more voluminous and complicated datasets. Parties that do not have this expertise should look for an experienced managed review partner who can provide a consistent team of legal and technology experts who can perform each step of the disclosure process efficiently, transparently, and defensibly. ai-and-analytics; ediscovery-reviewreview, ai-big-data, blog, ai-and-analytics, ediscovery-reviewreview; ai-big-data; blogjennifer cowman

Emerging challenges with big data—large sets of structured or unstructured data that require specialized tools to decipher— have been well documented, with estimates of worldwide data consumed and created by 2025 reaching unfathomable volumes. However, these challenges present an opportunity for innovation. Over the past few years, we’ve seen a renaissance in AI products and solutions to help address and evolve past these issues. From smaller players creating bespoke algorithms to bigger technology companies developing solutions with broader applications, there are substantial opportunities to harness AI and rethink how to manage data.A recent announcement of Microsoft’s Syntex highlights the immense possibilities for, and investment in, leveraging AI to manage content and augment human expertise and knowledge. The new feature in Microsoft 365 promises advanced AI and automation to classify and extract information, process content, and help enforce security and compliance policies. But what do new solutions like this mean for eDiscovery and the legal industry?There are three key AI benefits reshaping the industry you should know about:1. Meeting the challenges of cloud and big data2. Transforming data strategies and workflows3. Accelerating through automationMeeting the challenges of cloud and big data Anyone close to a recent litigation or investigation has witnessed the challenge posed by today’s explosion of data—not just volume, but the variety, speed, and uncertainty of data. To meet this challenge, traditional approaches to eDiscovery need to be updated with more advanced analytics so teams can first make sense of data and then strategize from there. Simultaneous with the need to analyze post-export documents, it’s also clear that proactively managing an organization’s data is increasingly essential. Organizations across all industries must comply with an increasingly complex web of data privacy and retention regulations. To do so, it is imperative that they understand what data they are storing, map how that data flows throughout the organization, and have rules in place to govern the classification, deletion, retention, and protection of data that falls within certain regulated categories of data types. However, the rise of new collaboration platforms, cloud storage, and hybrid working have introduced new levels of data complexity and put pressure on information governance and compliance practices—making it impossible to use older, traditional means of information governance workflows. Leveraging automation and analytics driven by AI advances teams from a reactive to proactive posture. For example, teams can automate a classification system with advanced AI where it reads documents entering the organization’s digital ecosystem, classifies them, and labels them according to applicable sensitivity or retention categories implemented by the organization—all of which is organized under a taxonomy that can be searched later. This not only helps an organization better manage data and risks upfront—creating a more complete picture of the organization’s data landscape—but also informs better and more efficient strategies downstream. Transforming data strategies and workflows New AI capabilities give legal and data governance teams the freedom to think more holistically about their data and develop strategies and workflows that are updated to address their most pressing challenges. For eDiscovery, this does not necessarily mean discarding legacy workflows (such as those with TAR) that have proven valuable, but rather augmenting them with advanced AI, such as natural language processing or deep learning, which has capabilities to handle greater data complexity and provide insights to approach a matter with greater agility. But the rise of big data means that legal teams need to start thinking about the eDiscovery process more expansively. An effective eDiscovery program needs to start long before data collection for a specific matter or investigation and should contemplate the entire data life cycle. Otherwise, you will waste substantial time, money, and resources trying to search and export insurmountable volumes of data for review. You will also find yourself increasingly at risk for court sanctions and prolonged eDiscovery battles if your team is unprepared or ill-equipped to find and properly export, review, and produce the requested data within the required timeline. For compliance and information governance teams, this proactive approach to data has even greater implications since the data they’re handling is not restricted to specific matters. In both cases, AI can be leveraged to classify, organize, and analyze data as it emerges—which not only keeps it under control but also gives quicker access to vital information when teams need it during a matter.Advanced AI can be applied to analyze and organize data created and held by specific custodians who are likely to be pulled into litigation or investigations, giving eDiscovery teams an advantage when starting a matter. Similarly, sensitive or proprietary information can be collected, organized, and searched far more seamlessly so teams don’t waste time or resources when a matter emerges. This allows more time for case development and better strategic decisions early on.Accelerating through automation Data growth continues to show no signs of slowing, emphasizing the need for data governance systems that are scalable and automated. If not, organizations run the risk of expending valuable resources on continually updating programs to keep pace with data volumes and reanalyzing their key information.The best solutions allow experts in your organization to refine and adjust data retention policies and automation as the organization’s data evolves and regulations change. In today’s cloud-based world, automation is a necessity. For example, a patchwork of global and local data privacy regulations (GDPR, California’s CCPA, etc.) include restrictions related to the timely disposal of personal information after the business use for that data has ended. However, those restrictions often conflict with or are triggered by industry regulations that require companies to keep certain types of documents and data for specific periods of time. When you factor in the dynamic, voluminous, and complex cloud-based data infrastructure that most company’s now work within, it becomes obvious why a manual, employee-based approach to categorizing data for retention and disposal is no longer sustainable. AI automation can identify personal information as it enters the company’s system, immediately classify it as sensitive data, and label it with specific retention rules. This type of automation not only keeps organizations compliant, it also enables legal and data governance teams to support their organization’s growth—whether it’s through new products, services, or acquisitions—while keeping data risk at bay. Conclusion Advancements in AI are providing more precise and sophisticated solutions for the unremitting growth in data—if you know how to use them. For legal, data governance, and compliance teams, there are substantial opportunities to harness the robust creativity in AI to better manage, understand, and deploy data. Rather than be inhibited by endless data volumes and inflexible systems, AI can put their expertise to work and ultimately help to do better at the work that matters. practical-applications-of-ai-in-ediscovery; ai-and-analytics; chat-and-collaboration-data; microsoft-365; lighting-the-path-to-better-information-governancemicrosoft, ai-big-data, cloud-security, blog, record-management, ai-and-analytics, chat-and-collaboration-data, microsoft-365,microsoft; ai-big-data; cloud-security; blog; record-managementmitch montoya

As the corporate workplace continues to evolve—encompassing hybrid work environments, bring your own device policies, and cloud-based storage—companies are well-advised to consider areas of increased vulnerability and whether their policies, procedures, and forensic tools are keeping pace with reality. A hybrid or remote workforce and a more collaborative data infrastructure only exacerbate data risks that were easier to manage when employees were comfortably situated at their desks. Adding even more complexity to these risks are broader labor trends, including “the Great Resignation and Reshuffle” and an aging work force, which are changing staffing and recruiting strategies and impacting knowledge transfer and IP creation.Employee intake and departure: crucial points of data security Two areas likely needing renewed attention are the moments of employee onboarding and offboarding, when a company’s most prized assets—people and data—are on the move. Departing employees present a particular risk as the potential for data exfiltration of IP and other sensitive information, whether intentional or not, is high. Often, employees take corporate IP with them inadvertently, a situation bound to get worse as turnover rates grow (Gartner anticipates a 20% jump in turnover from the pre-pandemic national average).Since people usually take jobs similar to the ones they leave (and often with competitors), taking company data along with their coffee mug and potted plant may seem justified (I wrote this stuff, so it’s mine)—or simply inconsequential. Cloud storage services such as Dropbox, Box, or Google Drive, and collaborative apps such as Microsoft Teams or Slack make it all the easier to appropriate files, lending credence to a feeling of personal data ownership. No matter how it happens, the escape into the wild of proprietary items such as source code, strategy documents, contact lists, and financial information exposes the company to untold risk, including the danger of running afoul of any number of privacy regulations if personal data is exfiltrated from its protected environment—an additional headache for the company if things go south. Are current entry and exit protocols enough? Although most companies have entrance and exit protocols usually siloed as HR and IT functions, the recent surge in employee turnover has put those very teams under pressure as they face their own personnel and budget deficits. Further, responsibilities have become less defined at a time when offboarding tasks—many now carried out at a distance—should be fortified to include proactive data monitoring and oversight, activities such teams may not be equipped to handle. The challenge, of course, is the growing complexity of the data landscape. Knowing what information is where, who accesses it, and for what purpose becomes more difficult to track as software and storage options grow, yet this is key to keeping important data protected. Data security: start training early and reinforce often Onboarding procedures can play a key role in keeping data where it belongs and helping employees navigate through and understand their responsibilities in this increasingly intricate data terrain. First, a sound onboarding protocol can ensure that new employees aren’t bringing troublesome data into the environment. No company wants to deal with the fallout of being in possession of some other company’s IP or sensitive information. More importantly, onboarding offers the most opportune time to clearly communicate expectations regarding data management and safety—information that should be reinforced with frequent (and up to date) training that emphasizes data protection and ownership. It's easy to forget as time goes on what data may be confidential or sensitive, and even easier to forget that data belongs to the business, not the employee. In short, data awareness should be instilled as part of the company culture right from the start. Seize the moment: identify and monitor offboarding risksThe recent and ongoing workplace disruption calls for a hard look at offboarding data risks and an evaluation of potential vulnerabilities to protect data before an employee leaves the company, bolster the exit protocols to have in place when they do, and have the proper forensic and analytic tools to handle data monitoring and address potential wrongdoing. Most companies do have standard offboarding checklists that address employee assets, data access, and preservation obligations as they leave the company. But there’s more to data protection at this crucial moment than ticking off boxes. Expand and optimize the offboarding checklistSavvy companies implement a more proactive, programmatic approach that begins earlier, with monitoring procedures that include defensible and repeatable processes to guard against the exfiltration of company data while helping to fortify the company’s position in case of a breach. A few important things to consider as part of the offboarding process:Know which employees warrant departure attention. Develop risk profiles with business stakeholders to identify which classes of employees, whether based on role, circumstance of departure, seniority, or access to sensitive information could present an exfiltration risk.Understand the company’s data landscape. Make sure there are mechanisms in place for tracking where sensitive data and IP may reside and when such data has been accessed.Explore activity and assets with the employee prior to their departure. An expert, friendly review of a departing employee’s recent computer activity with the employee, including an audit of their recent network activities, use of peripherals, cloud uploads, and email sends, can reveal and help mitigate potential trouble.Preserve employee devices and data as warranted with state-of-the-art forensic tools. Forensic preservation is critical to ensuring valid evidence down the line, especially since investigations today regularly involve new and novel devices, data sources, and artifacts that must be diagnosed and understood.Document all offboarding information. A paper trail of findings during the exit procedure is important if further analysis is recommended or necessary and will be crucial for subsequent investigation, if it comes to that. Have a plan if there is evidence of wrongdoing. Part of any data security effort is having an action plan to execute if there are signs of a breach. Preservation, collection, and a forensic analysis may be required should legal action ensue. ConclusionThe recent upheaval in employee turnover along with more collaboration tools and storage options present increasing risk for today’s enterprise. Companies that acknowledge new vulnerabilities and leverage opportunities to revamp outdated policies and protocols are better positioned to stop data exfiltration before it becomes a problem. The best solution: Implement robust onboarding and offboarding solutions that include data monitoring, reporting, and forensic analysis to enable a quick pivot to actionable remediation steps if trouble is brewing. digital-forensics; information-governancedeparting-onboarding-employee, blog, risk-management, digital-forensics, information-governancedeparting-onboarding-employee; blog; risk-managementdaniel black