Class 1. Overview: Evolution of eDiscovery Technology, Management and Operations
- Gain a general understanding of the major evolutions in technology and in legal practice over the past 30 years that have led from paper-based to electronic discovery.
- Understand how litigation support departments originally started and how they have evolved.
- Obtain an overview of the various industry roles, including clients, law firm litigation support, vendors and consultants, throughout the evolution of eDiscovery.
- Become familiar with eDiscovery workflow and meaningful eDiscovery terminology.
- Acquire an understanding of available internet sites that are helpful resources in the litigation support industry.
- Learn how the practice of eDiscovery has evolved through case law and the Federal Rules of Civil Procedure.
- Understand how the use of current technology facilitates the practice of law within specific phases of litigation.
- Discover the distinctions between law firm business models and litigation support services business models.
- Learn the EDRM and understand its flow and major stages.
Class 2. Sources and Phases of eDiscovery Data
- Learn fundamentals of various electronic data sources.
- Learn what a data map is (its significance and use, etc.) and how to create one.
- Understand the importance of company’s data management and identification process.
- Learn how data changes form as it traverses the Electronic Data Reference Model (EDRM).
- Learn methods for tracking data through the phases of ediscovery
- Gain a general understanding of various methods for preserving and collecting data.
- Become familiar with Rule 26(f) and the meet and confer process with respect to client data.
- Gain a general understanding of trends with data storage and attendant challenges (e.g., unique issues with social media and cloud-based data).
Class 3. Foundational Tools and Data Processing Basics
Understand the definition and purpose of each stage of processing data: collection, staging, indexing, filtering, metadata & text extraction, etc.
- Become familiar with the dominant tools in the marketplace for each task.
- Learn the types and uses of metadata.
- Understand the components of a load file, and common load file formats.
- Learn about quality control protocols and working with exception reports.
- Find out about potential pitfalls in litigation data processing and how to avoid them.
- Obtain an overview and understanding of the five basic categories of tools and how they overlap:
- collection tools,
- filtering/processing tools,
- analytical tools,
- review tools
- production tools
- Learn how eDiscovery software tools work in the different phases of the electronic discovery lifecycle to support the phases of litigation.
- Gain knowledge of the pros and cons of a “one size fits all” tool.
- Understand basic search techniques.
Class 4. Production
- Understand fundamental production components, formats, and common specifications.
- Determine the production format and workflow.
- Learn how to negotiate production format at the 26(f) conference.
- Become familiar with the process of authentication and defensibility.
- Understanding Quality control protocol.
- Learn about specific production tools.
- Understand issues regarding producing document families.
- Become familiar with special considerations related to document productions (redactions, claw backs, documentation, updates).
- Gain a general understanding of production trends and possible future state.
Class 5. Analytics and Technology-Assisted Review
- Define technology assisted review.
- Define the goals of attorney document review and consider how Technology-Assisted review impacts those goals.
- Understand linear review v. predictive coding.
- Consider relevant case law with reference to predictive coding.
- Understand the types of technology-assisted review, including underlying technology, advantages/disadvantages of each approach.
- Learn the differences between unsupervised and supervised machine learning (e.g., unsupervised examples are email threading, near-duplicate detection, clustering; supervised example is predictive coding).
- Identify a sampling of available TAR tools, how they differ, and when to use them.
- Learn the essential steps of developing a process and workflow.
- Gain working knowledge of key TAR metrics, quality control, and statistical sampling techniques.
Class 6. Global Data Considerations
- Obtain an overview of data privacy and protection in the U.S., EU, Asia and elsewhere.
- Consider practical issues facing US practitioners when dealing with EEA data in the context of US proceedings.
- Understand preservation and collection issues regarding cross-border data in the cloud.
- Definitions of EU personal data, processing, data controller and other terms pertinent to EU privacy laws.
- Obtain an overview of relevant case law.
- Understand the EU/US Safe Harbor scheme.
- Consider blocking statutes in some EU countries.
- Learn workflows for offshore ediscovery matters (with various options for collection, processing, and hosting).
- Understand the challenges presented by foreign languages with respect to keyword searching and machine translation.
- Consider practical ways to limit risk of liability when handling EU personal data as part of US discovery.
- Understand challenges with respect to foreign IT systems and file types
Class 7. Strategic Project Planning and Management
- Learn the evolution of project and process management and how the two interrelate, focusing on the litigation/ediscovery support department.
- Understand the phases of project management and how each applies to a litigation/ediscovery support department.
- Understand basic process management methodologies and how they apply to a litigation/ediscovery support environment
- Learn the manner in which to work most effectively with a project’s multiple “stakeholders”, and, in particular, attorneys and the client’s own personnel, including its IT professionals.
- Learn about the application of project management and the qualifications for the project manager role in the three basic project management categories: strategic planning, data and technology management, and document review.
- Learn how to establish goals and timelines, and create workflow diagrams.
- Understand the importance of proper communication and documentation in order to establish a repeatable and defensible process.
- Learn about available project management tools that can apply to a litigation/ediscovery support department.
- Understand the various resources that can be brought to bear on each phase of the project.
- Understand the pros and cons of each resourcing decision, with a discussion on market rates and current best practices.
- Understand metrics used to monitor project success, and how to compile and manage them
Class 8. Managing Vendors, Negotiating a SOW, and Budget Issues
- Gain a general understanding of issues to consider when selecting and evaluating a vendor.
- Understand standard T&Cs and learn about contractual “gotchas”.
- Learn about the various components of an ediscovery budget (and what to leave in versus leave out).
- Understand current market rates and assumptions about data that typically are factored into budgets.
- Understand who creates and manages the budget.
- Learn how to mechanically create a budget in Excel with assumptions as variables.
- Obtain an understanding of best practices re: managing the budget v. actual spend.
- Learn how to manage vendor workflow within the budget.
- Gain knowledge of best practices for managing and revising budgets.
- Learn best practices for measuring progress and quality.
Class 9. In-House v. Outsourcing on a Strategic Department basis
- Understand differences between In-house, Outsourced, and Hybrid (outsourced infrastructure managed in-house) models.
- Which model is right for you?
- Understand cost recovery mechanisms.
- Learn to assess outsourcing options v. in-house workload.
- Obtain an understanding of how to evaluate and select in-house tools.
- Learn how to select vendors and hosted tools.
- Understand staffing requirements necessary to support selected model.
- Become familiar with managing workflow (in-house and vendor).
- Learn how to measure accuracy.
- Learn about potential liability considerations.
- Gain a general understanding of department structure trends and possible future state.
Class 10. Metrics and Trending
- Understand the value of capturing and analyzing metrics for individual cases, for litigation/ediscovery support departments, and for document review.
- Learn about the wide selection of metrics available for capture and analysis.
- Understand how to focus on metrics meaningful for the task at hand.
- Learn how to analyze metrics in order to predict trends, prepare for sufficient resources and create meaningful budgets.
- Learn how to use metrics for quality control purposes.
- Gain a basic understanding of the trends in litigation/ediscovery support models that are evolving within the industry.