CY4OR Resources

Much has been written about the early case assessment methodology, which has emerged as a critical way to quickly understand case facts, assess risk and lower both review and data processing costs. But, ECA as an initial step of the case management process hasn’t always been on the scene to help control risk and litigation costs.

This is one of a series of white papers written by Chris Dale of the UK-based eDisclosure Information Project. Its purpose is to show that developments in the management of electronic disclosure in the courts of England & Wales, and in particular the eDisclosure Practice Direction and the judgment in Goodale v Ministry of Justice, map well to the capabilities of modern litigation processing applications like Clearwell. The informed, selective and iterative approach which the courts now encourage requires an early grasp of the potentially disclosable data and the ability to get quickly to what matters. That is the primary function of Clearwell.

Predictive coding is one of the most promising technologies to reduce the high cost of review by improving the efficiency of the review process. However, until now there were limitations with available technology which slowed its adoption in the edisclosure field. Symantec Transparent Predictive Coding provides a new level of visibility into the predictive coding process, allowing corporations, law firms, and government agencies to achieve the benefits of this promising technology while ensuring the defensibility of their document review process.

Discovery of audio recordings requires new technologies to meet discovery requirements, just like other forms of “electronically stored information” (ESI). However, there are no standards by which litigants or courts measure how well any search and retrieval methods—old or new—actually perform. Users of new search and retrieval technologies are concerned that they will be called upon to demonstrate that any technology for discovery is “defensible.”

From call centres to broadcast news programs, the quantity of digital files being created is growing quickly and shows no signs of slowing. While valuable information may exist in the audio of these files, there has historically been no effective means to organize, search and analyze the data in an efficient manner.

E-discovery now, by definition, includes audio files. As courts enforce the full scope of the new electronically stored information (ESI) requirements, the ability to cost-effectively locate, preserve, review, and produce audio evidence will be a critical element in litigation.