e-Disovery Curriculum

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      CERTIFICATE | CURRICULUM | FACULTY FAQ | REQUIREMENTS

      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.

       

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