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Process Is the Key To Success When Applying Legal Technology To Discovery
The litigation industry is awash with technology. According to consulting firm Gartner, law firms, corporations and service providers spent almost $2 billion in 2014 buying or licensing e-discovery software, almost none of which existed just 10 years ago. See, 'Magic Quadrant for E-Discovery Software.' Why? The primary driver has been the explosion in the amount and variety of discoverable data in the world. Without software, litigators today simply cannot get their job done, and corporation spend on discovery would be unfathomable. So far, so good ' our industry has made progress.
Yet there remains a significant challenge. In November 2013, Legal Tech Newsletter's ALM sibling, Law Technology News, published an article with the byline: 'Humans Are Still Essential in E-Discovery.' The article summarized results from an extensive study conducted by the Electronic Discovery Institute and involving two leading Stanford statistics professors. The study compared the results of 19 technology assisted review providers with an entirely human review of a 1.7 million document data set. The headline conclusion was 'software is only as good as its operators.' The article included a chart that ranked the 19 providers' performance as 'optimal,' 'average,' and 'low' for each of three reviews (responsive, privilege and hot documents). The range of performance was dramatic. Only one provider scored 'optimal' in all three categories, while five others scored 'optimal' in two of the three categories. Four scored 'low' in all three categories. And many used the exact same software. The range of spend was equally wide, with one provider's total cost under $50k and another's over $1.5 million, a 30x difference.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.