Superior Document Services, Richmond VA, quarterly news and information for Litigation Support Professionals.

1. The Savvy Litigator Technology Lessons from the Experts Winter 2009
Cost of eDiscovery
The ability to proactively identify costs associated with discovery requests
and to identify potential ROI have become decisive factors in determining
how to or even “ if to proceed with litigation. Early Case Assessment
models can provide critical insight for developing case budgets and
strategies. These evolving technologies add efficiency, speed, accuracy
and the ability to do more with less. Technology in the form of Software
as a Service (SaaS) will continue to drive a shift in the eDiscovery cost
paradigm.
Charles Skamser writes in http://ediscoveryconsulting.blogspot.
New Rules of Civil Procedure In Virginia com/2008/09/cost-of-ediscovery.html:
On October 1, 2008, the Supreme Court of Virginia adopted amendments
“As we approach the two(2) year anniversary of the December 2006
to Virginia’s Rules of Civil Procedure. The new rules address the discovery
changes to the Federal Rules of Civil Procedure (FRCP), it has been
of electronically stored information. The rules became effective as of
interesting and somewhat educational to follow the tremendous confusion
January 1, 2009. The amendments affect:
and the dramatic changes in the cost of processing Electronically Stored
Information (ESI). As I have been claiming, the changes to the FRCP and
Rule 4:1,
• General Provisions Governing Discovery
the subsequent requirements to utilize new technology to meet these
Rule 4:4,
• Stipulations Regarding Discovery changes, is a classical example of a market paradigm shift causing chaos
Rule 4:8,
• Interrogatories to Parties and therefore the opportunity for the free market system to run wild.
And, as George Socha and Tom Gelbmann report in the 2008 Socha-
Rule 4:9,
• Production by Parties of Documents, Electronically Stored
Gelbmann Survey, commercial expenditures on Electronic Data Discovery
Information, and Things; Entry on Land for Inspection and
(EDD) topped $2.7 billion in 2007 , up 43 percent from 2006, and that they
Other Purposes; Production at Trial
predict that they will grow by 21 percent, 20 percent and 15 percent in
• Rule 4:9A, Production from Non-Parties of Documents, 2008, 2009 and 2010 which equates to a $4.5 billion market at the end of
Electronically Stored Information, and Things and 2010. As a point of comparison, Gartner Says “Worldwide IT Spending On
Pace to Surpass $3.4 Trillion in 2008”.
Entry on Land for Inspection and Other Purposes;
Production at Trial ….ESI reduction through culling and de-dupe is essential to reduce the
• Rule 4:13, Pretrial Procedure; Formulating Issues amount of data that has to be hosted and reviewed along with reducing
the cost of actual document review is the key to reducing the overall cost
The order approving the amendments my be view here: of EDD processing.”
http://www.courts.state.va.us/scv/amendments/2008_1031_4_1_rule.pdf
Stephen Ludlow writes in http://www.opentext.com/blogs/ecm_
briefs/2008/12/get_a_handle_on_electronically.html:
“….This has caused forward-looking organizations to examine their
records management and content management policies and capabilities
to determine if they can be used to defensibly reduce the cost and risk
associated with eDiscovery. They have determined that end-users will
have greater responsibility for correctly identifying and dealing with
records in their earliest stages of creation. In order to not create a drag
New Year, New Business Partners on productivity, companies are looking to solutions that allow for the
Compiled Services has recently released new software called ReadyConvert. transparent application of records management classification on content
ReadyConvert can be used to quickly and accurately verify your product as part of the way that end-users already work. Additionally, with a
deliverables. ReadyConvert has the following features: myriad of content creating applications available, companies look for
integrations to a common library where content can be stored, classified,
• Convert load files from one format to another, including EDRM XML
searched and disposed of in a consistent manner.
• Extract metadata from load files
• Verify load file integrity, ensuring referenced files exist While application of good records management policies will significantly
• Generate load files from single or multi page image folders reduce the cost of eDiscovery in the long term, many companies are
• View images, thumbnails and metadata side-by-side burdened with the high cost of eDiscovery now and are likely to see
• Generate cross reference reports with custom fields increases in the coming years. Reducing the cost of eDiscovery is a top
• Filter load files using custom search criteria priority in the current economic environment….”
• Batch update or find/replace on metadata fields
Contact Superior for information on how we can help you keep costs in
Currently, ReadyConvert is available as a free download at line with your budget without sacrificing solutions or service.
www.compiled services.com.
Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com

2. The Savvy Litigator Technology Lessons from the Experts Winter 2009
Wading Through the Sea of eDocs
The most common challenge facing litigants is how to effectively and
efficiently identify potentially responsive documents with accuracy.
No longer is just as simple as skimming across 10 boxes of paper docs
containing 25,000 sheets in less than 8 hours. Today, litigants need to
review 10 gigiabytes of eDocs which is the equivalent to thousands of
electronic files. That equates to more than 650,000 sheets of paper. How
does one survive this task with imminent deadlines approaching. It would
Women In Richmond Heard Roaring
take more than 208 hours to manually review (8 days for 2 case clerks
Women!! Richmond is now part of an incredible international group called
to sift through just to pass up the chain for 2nd and 3rd reviews). Shall I
Women in eDiscovery, WiE! This organization has over 2000 members
discuss the process of identifying privilege and removing non-responsive…
and has chapters in 28 cities. The purpose of WiE is to bring together
too much typing for this writer.
businesswomen interested in technology related to the legal industry
and to provide opportunities for them to grow professionally through
Search and Retrieval technology has provided the means for litigants to
leadership, education and networking support. To date, we have held two
identify relevant data with a sense of accuracy and confidence. Keyword
hugely successful boxed lunch meetings with over 40 participants each
searching is the most common format used to cull data in an effort to
time. At our last meeting, our guest speaker was Shawnna Childress, one
narrow the scope of documents deemed relevant for review. Keywords are
of the three co-founders of WiE and a national consultant for Navigant
created and agreed upon by all parties based on the scope of the case as
Consulting. She flew in from Orlando to speak on “Reining is eDiscovery
well as intelligence gained during meet and confer conferences.
Costs”. She shared a wealth of information from her experiences on panels
at eDiscovery conferences and with Laura Zubulake. For instance did you
Conceptual searching provides litigants with the ability to use taxonomies
know that Laura Zubulake personally managed the documents (hundreds
to create categories of documents based on terms of similar meaning
of thousands) by using the “technology” available to her at that time - an
based on documents identified as relevant from keyword search results.
excel database?
Conceptual searching is designed to further narrow the scope with
potentially relevant document strings based on content and other like
http://www.ediscoveryinfo.com/2008/10/16/masters-laura-zubulake/
factors. Concept searching is gaining popularity in eDiscovery review
protocols, for when used properly, the identification of “Hot Docs” Please come join this dynamic group. Our next meeting is tentatively
becomes less of a burden. scheduled for Tuesday, February 10th at 12:15 and will be held at the
LeClair Ryan Riverfront Office. We will be accepting nominations for
Using the proper search and retrieval solution is critical to wading through the Chapter Board Positions at this meeting. For more information or
the sea of eDocs as it relates to time and money. To learn more contact to register for this group contact Paige Sheffield or Renee Covington at
Superior. Richmond@womeninediscovery.com
Superior Document Services Company Directory
Kriss Wison, President 804.690.0010 Paige Sheffield, Account Manager 804.690.0040
kriss@superiordocumentservices.com paige@superiordocumentservices.com
Renee Covington, Vice President 804.357.9596 Robert Frampton, Production Manager 804.690.0038
renee@superiordocumentservices.com robert@superiordocumentservices.com
Aubrey Owens, VP Litigation Technology 804.244.0173 Carla Monroe, Project Coordinator 804.501.9045
aubrey@superiordocumentservices.com carla@superiordocumentservices.com
Justin Blessing, Technology Operations Manager 804.683.4821 Fax: 804.648.0807
justin@superiordocumentservices.com Online Orders: print@superiordocumentservices.com
Superior Document Services | 700 E. Main St. | Richmond, VA 23219 | 804.648.2800 | www.superiordocumentservices.com