All posts in Webinar

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

Kroll Ontrack 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 | Kroll Ontrack
  • Charles Moore | White & Case
  • Edward Sharon | Wilmer Hale
  • Adam Strayer | Kroll Ontrack

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.

Be sure to check out Kroll Ontrack’s Second Request webinar to gain a deeper understanding of ediscovery in Second Requests and antitrust litigation.

Looking for more?

For more information regarding ediscovery, be sure to keep an eye out and register for Kroll Ontrack’s upcoming November webinar, Ediscovery Gotchas: Frequent Headaches that Give You the Most Pain in Ediscovery and Tactics to Combat It.

 

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:

Jeff Schomig | WilmerHale | Attorney

Sheldon Noel | Kroll Ontrack | Account Executive

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:

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!

Bust These 4 Myths on Your Next Document Review

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 | Manager, Document Review Services | Kroll Ontrack

Beth Rauker| Principal Ediscovery Specialist | Medtronic

Cybersecurity: Global Implications on Ediscovery, Litigation & Regulatory Compliance

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 | Director, Consulting Services | Kroll Ontrack

 
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