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BYOD [Bring Your Own Device] to Work Concerns

Introduction: Two Major Concerns

Being a seasoned litigation paralegal with approximately 27 years of experience, I foresee quite a few concerns with the concept of BYOD in the corporate and legal industry. As it seems to happen more times then I care to remember, technology is ahead of the curve and the solutions to “rein in” technology are lagging behind. Many of you may be too young to remember when the first sophisticated color copiers came out and there was a problem with checks being copied and pawned off as real. It only took the paper, ink and check manufacturing industries a few months to come up with the technology to work with the copier technology and develop the “copy” solution for checks. Once again there is a scramble to try to meet the solutions to the BYOD dilemma facing many industries today. 

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The selection of the actual TAR technology platform, while important, is not the most salient factor required for making optimal use of TAR.  Rather, identifying and seeking collaborative agreement as to the ultimate strategic use and objectives sought from TAR, and really understanding the what, when, why and how to use it, is the most salient factor required to inform your pragmatic decision regarding whether or not to employ a TAR methodology.

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Moving TARget: The Hunt for a More Cost Effective and Efficient Review

Emerging from the haze of methodologies is a concept called Technology Assisted Review (TAR).  It’s referred to by many names, but the concept is the same: Use analytics in conjunction with human oversight to increase the accuracy and reduce the costs generally associated with the attorney review phase of e-discovery.   

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Reserve Your Rights: Always Ask for Native

As the document production trend continues to move almost exclusively towards electronic formats, make sure you always indicate in your Request for Production of Documents the specific request that certain information may be requested in native format. This preserves your right to request documents that are not produced in a reasonable usable format to be produced later in a usable manner. Often times the most desirable, usable format is native especially if you anticipate Excel spreadsheets or drafts of contracts that may have hidden formulas or other information such as track changes.

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Got Your Head Up In the Clouds? Additional Concerns Over Cloud Computing

In her January 11, 2010 post about Cloud Computing, Chris Meer exposed three important considerations when evaluating whether or not to manage critical e-discovery data in the Cloud:  1) the level and quality of your Cloud service provider’s Internet security model; 2) the ability to access your e-discovery data and documents on a 24/7 basis if needed; and 3) the subsequent finely crafted contractual and working relationship with your Cloud service provider that is absolutely required in order to facilitate that access.

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Concerns Over Cloud Computing

As I am sure many of you are aware, one of the new catch phrases in 2009 was “cloud computing.” Cloud computing refers to running software over the internet and accessing it via a browser. This technology uses the internet and central remote servers to maintain data and applications. This technology allows businesses to use applications that do not have to be installed on the companies' individual computers. Any IT outsourcing such as network infrastructure and remote hosting is a form of cloud computing.

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TAGS: Document Review, E-Discovery

Beware of the Downsides of Offshore Outsourcing of Document Review

There has been an ongoing debate regarding outsourcing litigation support services to offshore countries such as India and Canada.  Years ago the debate centered around subjective and objective coding.  In recent years the term legal process outsourcing (LPO) has been an attractive subject in our industry. 

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TAGS: Document Review, E-Discovery, ESI, Litigation, Outsourcing

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