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White Papers & Case Studies

White Papers

Striking a Balance: Controlling E-Discovery by Combining In-House Resources with Outsourced Experts

When it comes to e-discovery, corporations are increasingly trying to manage two competing and sometimes contrary needs. On the one hand, corporations want to call the shots when it comes to their processes, their sensitive data, and ultimately, their legal bills. On the other hand, corporations do not want to keep a stable of subject matter experts in-house if the litigation workload fluctuates dramatically throughout the year. Increasingly, corporations are taking control of their e-discovery process and striking a balance between in-house and outsourced resources. This whitepaper is a best practices guide on the mechanics of effectively and efficiently balancing in-house control with outsourced execution.

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Corporations Battle the E-Discovery Cost Crisis with Per Document Pricing

Corporations are increasing their level of involvement in the electronic discovery process to reduce cost and risk. A growing body of research indicates that "the largest addressable cost in eDiscovery is the cost of legal professionals who review data." As such, that area presents the greatest potential for significant savings. In fact, industry estimates for first level document review range from 58% to 90% of total litigation costs.

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The E-Discovery Playbook

Make e-discovery a proactive part of your strategy with “The E-Discovery Playbook: A Proactive Tool for Winning Litigation."

Developed by Ashley Watson, vice president and general counsel of Attenex and former senior litigation counsel for Bell South’s Complex Litigation Group, The E-Discovery Playbook shows you how to assemble the right team, develop a process and choose the right plays for your winning case game plan.

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Getting Started with E-Discovery

E-discovery is a critical challenge for all organizations and one that can only be successfully addressed through a combination of people, processes and technology. This paper is the first in a series of three that are designed to help organizations quickly understand how to get started with understanding and addressing their e-discovery challenges. This paper focuses on the role that technology plays in preparing for and responding to e-discovery requests.

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Using Data Maps to Help Navigate Through the Data Maze

In the maze of modern electronic discovery through which in-house counsel at all levels must travel, data maps offer corporations and their legal teams some much needed direction. Records managers and IT experts are the cartographers who partner with outside counsel to chart the corporate data landscape. To do this well, advanced planning on timing, formatting, staffing and execution are needed to help lead an organization safely through the data maze. This paper discusses key points that any company should consider when deciding on a data map strategy.

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Attenex Patterns E-Discovery Platform

What happens when a powerful content analytics software maps to the unique business processes used by lawyers during legal review? The result is Attenex Patterns, a solutions-oriented tool that helps legal teams quickly and cost-effectively find relevant information for litigation, investigations and regulatory requests. This white paper provides an introduction to the software, its features, benefits and deployment options for corporations and law firms.

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Accelerating E-Discovery with Visual Analytics

The key to successful discovery is early insight into the documents. Internal teams need to recognize at the outset what is available so they can develop and support legal theories and viable strategies for resolution. To acquire this understanding, e-discovery teams are increasingly adopting software that supports the analytic reasoning process, a method for absorbing and making decisions on information for legal discovery and review. This white paper provides a definition and overview of visual analytics and provides insight into why visual analytics are an effective and proven tool for legal review.

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Best Practices for Native File Review and Production

The world of e-discovery is quickly going native. While paper or TIFF files were the readily accepted standards for producing electronic documents for many years, several factors are now driving the industry to deliver more native documents instead. Offering increased efficiencies and a more thorough understanding of a matter, this trend towards producing documents in their native format was greatly encouraged by new federal e-discovery rules that took effect in December 2006. This white paper reviews the history and context of native file review and production, and then offers our recommendations and tips for the best practices to employ during production and review of native documents for regulatory requests, investigations and litiga¬tion.

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Leveraging Content Analytics to Reduce Electronic Discovery Risks and Costs

Learn how e-discovery software can reduce the time, cost and risk of identifying and reviewing relevant information.

By Kahn Consulting

Beyond the headlines, what can organizations do today to manage the risk and costs associated with electronic discovery? What tools and practical techniques are available to help corporate counsels and law firms take control of the electronic discovery process? This Brief focuses on a key aspect of e-discovery – namely, the use of content analytics as part of the e-discovery process. More specifically, this Brief provides a high-level overview of content analytics, discusses the value it can bring to the e-discovery process and provides key considerations for organizations evaluating or adopting content analytics for e-discovery.

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The Importance of IT within the Electronic Discovery Process

IT departments are being called upon more frequently to support the electronic discovery process. This paper addresses the importance of IT's role in supporting corporate legal matters.

By Brian Babineau, Analyst, Enterprise Strategy Group

Can enterprise data centers really be crime scenes? This rhetorical question is not that preposterous, given that ESG's research shows that one out of every two organizations has experienced an electronic discovery event in which digital business records have been requested by an opposing attorney or court. Traditionally, locating, reviewing and preparing evidence is left to corporate attorneys. However, now that evidence is in the form of emails, spreadsheets and database tables, voicemails and other data, IT and the systems it manages are at the center of many corporate legal matters. Organizations should consider revamping electronic discovery processes and expanding IT's role. In addition, IT can supplement the e-discovery process by working with attorneys to deploy and utilize sophisticated software that enables the review of electronic files.

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Combating E-Discovery Project Risk with Effective Communications

By Sara Wood, Director, EDD Project Management, SPi, Attenex Advantage Partner and Larry Malcolm, Director Special Projects, SPi, In Memoriam 1955-2006

Litigators continue to be frustrated with the escalating costs of discovery during litigation, investigations and regulatory response. Fueling these costs is risk and the fears associated with discovery risk range from common concerns like budget and schedule to more severe outcomes including sanctions, adverse inference or even stress-induced hair loss. One simple way corporations can gain control of these costs by lessening risk is through effective project planning and communications. Moreover, without good communications, you are paving the way for risk.

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Managing Risk in Electronic Discovery

Electronic discovery can be a very risky business, but it does not have to be. Through careful and considered management of an e-discovery project, a company can minimize and even eliminate certain types of risk.

By Thomas I. Barnett, Special Counsel, Sullivan & Cromwell and Larry Malcolm, Director Special Projects, SPI

If companies have any doubt as to the risk they face, they need only consider what happened last year to Morgan Stanley. When it discovered additional e-mail backup tapes after previously certifying full compliance with a production request in a Florida lawsuit, the judge imposed an adverse inference that cleared the way for damages awards against the company totaling $1.5 billion. That, in turn, triggered a Securities and Exchange Commission probe in which Morgan Stanley later agreed to pay a fine of $15 million.

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A Framework for Right-Sizing the E-Discovery Effort

This whitepaper introduces the Six Dimensions of the Proportionality Framework.

Learn to evaluate and score the Six Dimensions: Value, Size, Collection, Complexity, Production and Time.
Learn how to assess these factors early on to help craft a sound discovery strategy and budget, as well as select the right tools and processes for your case. Learn to navigate the dimensions during discovery to prevent unnecessary costs and increase litigation team productivity.
Download includes the interactive Proportionality Scoring and Assessment calculator that provides a simple but effective method of scoring and comparing cases. Scoring promotes a common language and shared understanding that lends itself to predictability and better results.

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Case Studies

Attenex earned its market leadership position through fierce focus on a user experience that squares with how attorneys think and what they need to optimize discovery. Find out why Attenex is the “must have” solution for Fortune 500 corporations and the best law firms in the country by reading our case studies.

How Ringtail® Legal™ & Attenex® Patterns® E-Discovery Software Enabled Bartlit Beck to Create Five Productions in Six Weeks from Millions of Documents

Confronted with the need to proceed to trial for a client at an accelerated pace, lead counsel Bartlit Beck faced an e-discovery emergency: multiple e-discovery review projects and productions from millions of pages of multi-lingual data in less than 60 days.

After a proposed merger with a competitor, a U.S. corporation retained an AmLaw 10 law firm to assist with the pre-merger antitrust review conducted by the Federal Trade Commission (FTC), a regulatory body charged with the enforcement of U.S. antitrust laws.

Fortune 1000 Company Takes Control of its E-Discovery Process

A large Fortune 1000 company, with billions in revenue, was tasked with implementing an efficient, cost effective, defensible and reasonable document review tool when the company was facing a large-scale litigation.

Read how electronic discovery software delivers huge award in patent suit. September 2005.

Learn how new technologies enable law firms to review documents faster and more cost-effectively. April 2005.

Jones Day achieves 2000 or more document decisions a day. Law Journal's Legal Tech Newsletter, July 2004.