All posts in Webinar

Fall Webinar Line-up: Ediscovery, Second Requests and Antitrust Litigation

KrolLDiscovery recently presented a webinar, Ediscovery Considerations in Second Requests and Antitrust Litigation, detailing the common issues and considerations counsel should keep in mind when dealing with ediscovery in M&A matters. To shed light on these issues, our expert panelists included:

  • Sheldon Noel | KrolLDiscovery
  • Charles Moore | White & Case
  • Edward Sharon | Wilmer Hale
  • Adam Strayer

Second Requests & Antitrust Litigation: 5 Ediscovery Considerations

For merging parties, a Second Request or antitrust litigation requires a different approach to ediscovery. There are 5 unique considerations, which the webinar panelists discussed.

Posture and Timeline – Merging parties have an incentive for being helpful and cooperative towards one another so that agencies can approve the merger as quickly as possible. To that effect, merging parties should consider collecting documents before the Second Request is even issued. Once the Second Request is issued, it is critical to produce as quickly as possible (in either a rolling production or single document dump format) to shift the pressure to the reviewing agency to examine the information submitted.

Cost – Money is a significant factor in Second Requests, and merging parties have every incentive to keep the costs down. To do so, parties must be prepared for every monetary contingency a Second Request can bring, including ways to staff the document review team to control costs and utilizing predictive coding as a method of mitigating costs during review.

Scope – To successfully locate and produce these documents, corporations must negotiate and identify custodians, focusing on the most relevant materials first. Also, as business transactions become more international, the presence of foreign language documents must be considered in the collection and production process of a Second Request. Lastly, be sure to consider the protection of trade secrets and privileged documents as well.

Technology –The successful use of technology, whether it be predictive coding or case mapping tools, offers a level of accuracy and consistency that is higher than the levels offered by manual review. Using technology to identify the most relevant documents can expedite and save costs in the long run, especially in a Second Request or antitrust matter. 

May Webinar UPDATE: Ediscovery Privilege

As the temperature soars outside, stay cool with Kroll Ontrack as we delve once again into the depths of ediscovery privilege protection this July.

Corporate Counsel Article: Ediscovery Privilege Protection

As you may remember, Kroll Ontrack presented a webinar in May discussing methods of Protecting Privileged Materials in Ediscovery. Building upon what was discussed in that webinar, Kroll Ontrack’s latest article, Mastering Privilege Protection During Ediscovery,  delves further into what it takes to maintain ediscovery privilege protection in this modern age. Authors included:

Topics in the Corporate Counsel article contained a deeper analysis of the topics discussed in the May webinar, including:

Embracing Predictive Coding for Ediscovery Privilege Review

To guarantee that predictive coding is employed, ensure that the technology is trained to recognize the characteristics of privileged or non-privileged documents to reduce the document volume for review while ensuring at the same that that the now smaller document set is fit for an efficient human review.

Integration of Privilege in Case Strategies

Early preparation is key to successfully ensure that privilege review tactics are integrated into case strategy. To ensure this, first reasonably ascertain all the necessary facts in your organization that relate to privilege and internal investigations prior to the review process. Understanding the legal communication flow and key litigation matters will help make the discovery process easier and more efficient in the long run.

Secondly, when dealing with large cases, the cost of organizing and producing a large privilege log must be considered. To mitigate these costs, some courts have permitted parties to forego individually logging documents and instead asserting claims categorically.

Considering Claw Backs to Remedy Inadvertent Disclosure

While the ultimate goal in ediscovery privilege protection is to avoid inadvertent disclosure, mistakes happen and privileged material may be disclosed to opposing parties. Understanding and properly utilizing FRCP Rule 502 to rectify the error can be a way to regain the improperly disclosed materials. However, Rule 502 is not guaranteed to reinstated privileged protection for disclosed material, so counsel should not rely on the rule as the all-purpose solution. In addition, the Rule 502 claw back can be written into an agreement between parties prior to production. This agreement can therefore be further enhanced through Rule 502(d) if the court enters the parties’ agreement as an order. Another alternative for counsels would be carefully document the review process and ensure that the personnel running the process are qualified to prevent improper disclosures.

For more information, be sure to check out our May article on Kroll Ontrack’s webinar, Power Up Your Privilege Review: Protecting Privileged Materials in Discovery.

#throwbackthursday: Webinar Recaps for May and June

Happy Thursday! Have you posted a vintage and/or embarrassing photo of yourself for #throwbackthursday? “With the massive popularity of this hashtag on Instagram and Facebook, you might be feeling left out if you don’t partake in #tbt.”

Kroll Ontrack is joining the #tbt craze, with a throwback to a couple recent webinars:

  • Bust These 4 Myths on Your Next Document Review
  • Cybersecurity: Global Implications on Ediscovery, Litigation & Regulatory Compliance

If you missed one of these learning opportunities, take a few minutes to read the information below and listen to the recordings. Have a great #tbt!

Conducting an effective and efficient legal document review requires a hybrid of rocket science, brain chemistry and hot coffee. With ediscovery technology and best practices constantly evolving, if your document review practices and cybersecurity procedures haven’t changed in recent years, you are likely wasting time and money for your organization and/or your client. Listen as two experienced panelists bust four common document review myths.

Panelists:

  • Kara Kirkeby
  • Beth Rauker | Principal Ediscovery Specialist | Medtronic

It is prudent to take every effort to vet organizational, law firm and vendor data security policies and make sure they are being proactive—before it is too late. Asking intelligent questions of the organizations, law firms and service providers you work with can save money and help your organization avoid being the next victim of a large-scale, highly publicized data breach.

Panelists:

  • Sheila FitzPatrick | Worldwide Legal Data Governance & Data Privacy Counsel | NetApp, Inc.
  • David Bateman | Partner | K&L Gates
  • Thomas Barce | VP, Thought Leadership | KrolLDiscovery

[Webinar] In Case You Missed It: Protecting Privilege in Ediscovery

With the growth of information subject to privilege review and the increased role of technology, protecting privileged documents is one of the most critical issues for lawyers and litigation teams. While technology has made document review easier than ever, effectively incorporating privilege considerations into the broader case strategy remains difficult. Knowing how to approach privilege review from both a strategic and tactical perspective is incredibly important and critical to ensuring that ediscovery costs, time, and risks are kept to a minimum.

Kroll Ontrack recently presented a webinar, Power-Up Your Privilege Review: Protecting Privileged Materials in Ediscovery, addressing how to best incorporate privilege into your case strategy. Panelists included:

These experts discussed the following intricacies of document review, and how one can—and should—make the most of the Federal Rules and new technologies to perform effective and consistent privilege review.

Embrace Predictive Coding for Privilege Review

Predictive coding can be a litigant’s best friend during a privilege review. With the proper case planning and preparation, predictive coding can help you track down documents that require manual review. Further, predictive coding may even be used to locate and isolate potentially privileged documents in any language. Preventing the disclosure of privilege-protected documents is your first line of defense, and predictive coding is a powerful tool that will help you keep the data that you need to keep.

Consider Clawbacks to Remedy Inadvertent Disclosure

Litigants often fail to fully cooperate in the discovery process, even when cooperation would benefit both sides of a dispute. This is especially true when it comes to privilege review. Far too often, litigants overlook Rule 502(d)—which allows a court to enter a clawback agreement as an order.

Integrate Privilege in Your Case Strategy

In any matter, look at the bigger picture and incorporate strategic considerations into privilege discussions. Litigation teams frequently see the privilege log as a secondary exercise in the discovery process, rather than proactively addressing how they will handle privilege documents. To better prepare yourself for the inevitable privilege issue, download the webinar today!

 
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