Author: Luke Riddle

Announcing Acorn’s Justice for Change Partnership with Child Justice

Acorn Legal Solutions Establishes Pro Bono Hosting Partnership through Relativity’s Justice for Change

Acorn will support Justice for Change grant recipients in their use of RelativityOne 

CHICAGO, IL – November 23, 2022 – Acorn Legal Solutions, a woman-led eDiscovery firm headquartered in Chicago, today announced its designation as a Hosting Partner with Relativity’s Justice for Change program. This partnership will enable Acorn to provide hosting, administrative and project management support to grant recipient organizations in their use of RelativityOne.

“We are proud to be a Hosting Partner of the Justice for Change program as it fosters an opportunity for us to have a positive impact on racial and social justice in our communities,” said Lia Majid, CEO at Acorn Legal Solutions. “I am grateful that our team can make a difference by democratizing access to eDiscovery technology and providing support for those organizations in need of it.”

Acorn will be partnering with Maryland-based non-profit Child Justice to provide hosting and production of documents related to a case of child abuse. Child Justice’s cases are often highly document intensive as allegations of abuse often involve multiple expert witnesses as well as medical and mental health records. Acorn will help Child Justice manage and organize this large volume of documents using RelativityOne to present as evidence to the court.

Relativity’s Justice for Change program focuses on increasing access to justice by providing free use of its cloud-based e-discovery product RelativityOne to organizations tackling legal cases and academic and policy research related to racial and social justice. Specifically, Justice for Change has allocated 100TB of RelativityOne data to be used on pro bono projects led by customers or nonprofit organizations. Through the Justice for Change hosting partnership, Acorn is committed to the continuous pursuit of justice through great pro bono work and building important connections with Child Justice.

“We are grateful that Acorn is providing access to RelativityOne in order to defend our client’s case and shed light on other horrific cases of child abuse,” said Eileen King, Founder & Program Director at Child Justice. “The ability to use this technology will not only help our current client but can show other parents in similar situations that limited resources should not prevent them from accessing the justice they deserve.”

Child Justice’s cases often contain thousands of documents, making them quite complex for family court matters. Utilizing RelativityOne will provide the Child Justice team the tools to tag and search documents for multiple issues, utilize Case Dynamics for timelines and chronologies, prepare witnesses and experts for testimony, fulfill discovery requirements, and identify all issues in their case.

“We are thrilled to welcome Acorn as a Justice for Change Hosting Partner. Lia and the team are incredibly supportive of the program’s mission, and it is clear they are dedicated and determined to help organizations like Child Justice succeed in their fight for justice,” said Jaclyn Sattler, Manager for Strategy and Business Operations at Relativity. “Watching organizations like Acorn commit to the program is so inspiring and we can’t wait to see how they continue to leverage their resources for those seeking justice.”

Organizations, including current Relativity customers, doing legal work on behalf of racial justice that would benefit from software to help them organize and search documents and build out a case narrative can apply for free use of our cloud-based e-discovery product, RelativityOne. To learn more, visit: https://www.relativity.com/company/giving-back/justice-for-change/

About Acorn 

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Although capable of serving AmLaw 100 Law Firms and Corporate Legal departments, Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides high-touch, customized litigation support services with a heavy emphasis on seamless communications.

About Child Justice

Child Justice is a 501(c)(3) non-profit that advocates for children’s rights when the courts fail to protect them in cases of abuse and domestic violence. Child Justice is dedicated to ensuring a child’s right to be legally protected from an abusive parent. Working with well-respected law firms, Child Justice provides legal services that protect Maryland children “lost in the system” after exposure to family violence, physical and/or sexual abuse, substance addictions or neglect. Pro Bono attorneys working with Child Justice provide abuse victims with highly skilled legal services for lower court and appellate court cases. These free legal services help to keep children out of the hands of their abusers.

About Relativity

Relativity makes software to help users organize data, discover the truth and act on it. Its SaaS product RelativityOne manages large volumes of data and quickly identifies key issues during litigation and internal investigations. The AI-powered communication surveillance product, Relativity Trace proactively detects regulatory misconduct like insider trading, collusion and other non-compliant behavior. Relativity has more than 300,000 users in approximately 40 countries serving thousands of organizations globally primarily in legal, financial services and government sectors, including the U.S. Department of Justice and 199 of the Am Law 200. Relativity has been named one of Chicago’s Top Workplaces by the Chicago Tribune for 12 consecutive years. Please contact Relativity at sales@relativity.com or visit http://www.relativity.com for more information.

Relativity Fest Roundup: RelativityOne Technology Updates & Integrations 2022

This year’s keynote at Relativity Fest demonstrated how Relativity continues to stay at the forefront of innovation within the industry, solidifying their mission “to organize data, discover the truth, and act on it”. Relativity’s roadmap was filled with updates and improvements to the technology’s functionality and capabilities, a few of note are: 

  • Import/Export: Getting data in and out of Relativity will be easier than ever, bringing data transfer capabilities to all users with drag-and-drop functionality. 
  • Automated Workflows: Out-of-the-box automation will drive efficiency by eliminating manual steps and reduce risk of human-error. Soon, you’ll be able to sync changes to these workflows just as quickly and incorporate even more efficiency into your case setup, like automatically running mass operations you perform every time you bring in new data. 
  • Case Dynamics and Transcripts: Case Home was announced, which is a centralized location in RelativityOne to review documents, build deposition outlines, collaborate, and prepare exhibit bundles—with a presentation mode. 
  • Translate: Announced in September, Translate in RelativityOne  provides machine translations in 112 languages (and counting) right within the platform—no downloading, exporting, or uploading required. 

Of course, it is impossible to capture everything, and this was just to name a few. The keynote set the stage for the week, reinforcing Relativity’s commitment to innovation and set the stage for the following great moments and sessions throughout Relativity Fest. Below is a roundup of two sessions regarding RelativityOne integrations that truly caught our attention.  

  1. Improve Your Firm’s Efficiency through RelativityOne and iManage

Relativity has taken another step towards a holistic solution to encompass the management of the entire litigation lifecycle through its integration with iManage. Now you can seamlessly collect data from iManage by custodian, without your data ever leaving the security of Azure.  

In this presentation, the iManage team discussed the various use cases that require its integration with RelativityOne, including: 

  • Data transfers due to a client transferring to another firm 
  • Internal investigations 
  • File transfers 
  • Knowledge management  

As Claire Oxley-Barnes, Head of Strategic Partnerships at Relativity discussed, “Relativity can bridge gaps between platforms that are otherwise very siloed because it’s a flexible platform. You can get very custom and granular in some different ways and that’s the unique aspect of combining these systems.”  

It was very insightful understanding the numerous ways the integration of these two technologies will improve workflows and allow firms to explore new business developments and case strategies, integrate review intelligence into their case strategy, and store intellectual property all in one place. 

  1. Reducing e-Discovery Risk with Archive360 and Relativity

Archive360, a cloud-based repository for semi-active and inactive data, is another useful technology that can be integrated with RelativityOne. In the session, Bill Tolson, Vice President of Compliance & eDiscovery at Archive360, informed the audience on how the two platforms allow organizations to address regulatory and technical obligations due to the seamless access Relativity provides to Archive360. Addressing information management needs with Archive360 can allow for: 

  • Greater control of data  
  • Greater data protection  
  • Greater visibility due to archiving any file/data type 
  • Access to both structured and unstructured data 
  • Faster onboarding  
  • Defensible compliance for large volumes of content with legal holds 

This collaboration between the two platforms provides a consolidated, secure, archive for eDiscovery searches in Relativity, “Being able to know where all your data is, manage it, and secure it is becoming a very high focus for many companies as well as federal agencies, and state agencies” Tolson mentioned. 

As the eDiscovery landscape continues to change, combining these highly secure technologies can be beneficial as concerns surrounding data protection and data privacy continue to grow. We look forward to working with these new RelativityOne capabilities and features and guiding our clients through the continuing changes and enhancements within this technology in the year to come. 

About Acorn

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides a high-touch, customized litigation support services with a heavy emphasis on seamless communications. For more information, please visit www.acornls.com.

Relativity Fest Roundup: Data Management Strategies, Innovation Award Lightning Round Session, and More!

The Acorn team was delighted to join everyone at this year’s Relativity Fest in-person to reconnect and stay informed of the latest developments and innovations in the industry and RelativityOne.  

With informative sessions covering everything from managing and protecting modern data, navigating data privacy risks in the current digital landscape, and using RelativityOne integrations to solve these challenges, this year’s event was filled with pertinent information regarding the current state of the industry and its dynamic changes to come.  

1. FTI-Relativity General Counsel Report 

Ari Kaplan, Principal, Ari Kaplan Advisors 
David Horrigan, Discovery Counsel & Legal Education Director, Relativity 
Wendy King, Senior Managing Director, FTI Consulting 
Celia Perez, General Counsel & Corporate Secretary, FreightCar America 

Ari Kaplan discussed that data protection and privacy were the top two concerns of legal risks for business today due to remote work, changes in technology, GDPR requirements, data breaches, and ransomware attacks. Regulatory compliance was also listed as a major concern, “There is a lot of uncertainty since there are so many different avenues in which the regulations can change in fundamental ways, and I think this is amplified from administration changeovers when you have different focuses from presidential administration which impacts the way the FDA will inspect. Overall, this affects the thread of class action litigation which is tied to regulatory lapses based on false advertising or failure to disclose” Kaplan observed. 

The report found that legal departments are also being greatly impacted by demands in capacity, resources, and budgets, as many law departments mentioned experiencing some level of strain surrounding growth, talent retention, and inability to hire talent with specialized skillsets. It came as no surprise that 67% of respondents are considering the role of AI to alleviate these capacity demands. With greater concern surrounding data privacy, using high-powered technology and AI can help to relieve the burden on legal teams who are experiencing strains on capacity and resources.  

From our point of view, the growing concerns regarding data privacy risks as well as the current lack of eDiscovery talent and expertise all point to a need for corporate teams to more pro-actively partner with providers to manage their data.  

2. How Modern Corporations Should Approach Owning Their Data

Michallynn Demiter, eDiscovery Expert, Bayer 
Rishi Chhatwal, Director & Associate General Counsel, Coinbase 
Kristin Sunderman, Litigation Support Director, Freddie Mac 
Eduardo Martinez Jr., Senior Counsel, Litigation & Investigations, UPS 
Charles McCloughan, Sales Engineer, Relativity 

This session revealed that data volumes are expected to experience significant growth in the next three years. eDiscovery teams can ensure their data is being managed appropriately by completing a full assessment to determine where data is located. Speakers also mentioned the importance of limiting the amount of data that leaves your company, minimizing data transfers, and creating data retention policies for each platform in your organization.  

Migrating data into RelativityOne can be an effective solution for data management. Rishi Chhatwal, Director & Associate General Counsel at Coinbase discussed how “technology allows us to consolidate our data. If you pick the right partner for your solution, you can consolidate where your data lives, and how much it costs to host it, which creates lasting efficiencies to pull, collect, search, and view that data.” 

As we continue to see the increasing need for data management strategies, this session furthered our view that utilizing highly secure technology can be beneficial for keeping data safe. 

3. What to Expect in the New Frontier of Corporate e-Discovery

Jason Pickens, VP Cybersecurity, JP Morgan Chase & Co 
Henry Link, Associate General Counsel – eDiscovery & Information Governance, Meta Platforms 
Andrew Watts, Chief Customer Officer, Relativity 
Nirav Shah, eDiscovery Manager, The Home Depot 
Mrs. Jessica Abud, Manager, Legal Operations, Kyndryl 

In this session, corporate speakers emphasized the common challenge of collecting and preserving new data types that have emerged in recent years. Collaboration tools such as Microsoft Teams have posed many challenges, as Henry Link at Meta discussed, “There is no longer just a communication tool where you can collect linear ESI. The sad thing with Teams and these modern communication platforms is that you can go back and reply to previous messages, which can lead to issues with discovery.” 

As modern data becomes more of an interconnected web between different platforms, legal departments are working with eDiscovery partners to understand the scope of these new challenges. Completing discovery for new collaboration software often requires more attention to content sentiment, context, and collection of less structured data. Utilizing AI can solve some of these challenges but can also pose issues around bias and missing the nuances of human thought and communication. 

With these upcoming challenges in mind for the future of eDiscovery, our project managers continue to use RelativityOne’s integrations with collaboration platforms to gain an accurate representation of the data collected.  

4. Lightning Round: Innovation Award Tech Finalists

Not only did we have a chance to learn more about how to effectively use Relativity technology at Relativity Fest, we were also proud to be nominated in both the Customer Experience and Solution Provider categories of the Innovation Awards this year. Our Director of eDiscovery Tracey Oldenburg presented in the Innovation Award Lightning Round Session with information about Acorn’s eDiscovery BackOffice™ Mass Export Natives application. 

We were eager to share our app development within RelativityOne, as well as stay informed of the continual enhancements to RelativityOne technology at this year’s event. Despite the exciting changes and advancements regarding eDiscovery data and technology, we found that law firms and corporations are aware that these developments can also come with risks. This year’s Relativity Fest was an important opportunity for our team to better understand the eDiscovery concerns our clients currently face, and to learn how RelativityOne is working to combat security risks and provide safe data management options.  

We are grateful that the information from this year’s Relativity Fest will help us to be a better guide for our clients as we take on the challenges of the dynamic eDiscovery landscape. 

About Acorn

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides a high-touch, customized litigation support services with a heavy emphasis on seamless communications. For more information, please visit www.acornls.com.

Seeing Triple: How 3 Culprits Complicate Deduplication

Over the past years we’ve heard increasing complaints from clients of a lot of duplicates in their hosting and review databases. When we look into the matter further, these “duplicates,” although substantively the same content, are not exact copies of each other from an evidentiary perspective. For example, migrating email to an archiving system might cause slight changes to the formatting of the header that results in the emails not being viewed as duplicates by the processing platform. 

We are seeing an increasing need for defensible, technology-based deduplication beyond just MD5 hashing. The industry standard is to use MD5 hash to identify any duplicates of a document that has been processed and suppressing them, saving clients the time, money, and headache of reviewing duplicative data. This worked fairly well for a long time, but as email and archive systems have continued to evolve, the MD5 hash is no longer as effective at identifying duplicates as it once was. I want to lay out some of the business practices that are causing challenges with the MD5 hashing strategy for deduplication and propose that we start using Message-ID in addition to metadata as a supplement to deduplication. 

Culprit 1: URL Rewriting 

We’ve all seen the typical phishing email. It is usually formatted in a non-standard way, or requesting an invoice or documents we’ve never heard of, or from a person we know wouldn’t be sending or requesting this information. Those are the obvious ones.  Every year we see them, all slightly different but always evolving to appear authentic. Phishing scams typically go about disguising hyperlinks to appear authentic on the surface but will send users to a malicious site. One way to bypass this bait and switch is to hover over the hyperlink, and see if you are being directed to the location you should be. One example I have seen is an email or text from my bank that is asking me if I authorized a charge and includes a link to log in and approve that charge, however when I look at the link it wants me to click it has nothing to do with my bank. 

A security feature you may not even be aware of that is working hard in the background is URL rewriting. IT security professionals created this as a mechanism to catch these attacks before users can click on the malicious link. When an email is received, URLs are rewritten in the body of the email. When a user clicks the link, it passes through a service where it is analyzed for security before sending the user to the original link location. If the link is determined to be bad, the site is blocked. While this is an excellent technology to thwart malicious attacks, URL rewriting can create unique hyperlinks in each email copy making them unique when hashing.  

Culprit 2: External Email Warnings 

Another feature used to protect against phishing emails is the use of external email warnings. Attackers will emulate an email to look like it is coming from a trusted associate or organization. By putting a warning at the top of the email that it was received by an external source, readers can be aware that the email did not originate from inside the organization before clicking any links. This external warning message will also make an email unique when hashing. The MD5 hash takes into account the body and header of an email during processing, the system is going to think that this email is now a unique document even if the only difference between that email and the sender’s email is “External” at the top of the email. Not to say you shouldn’t implement these policies, but many companies have instituted this policy wholesale and may not have thought about the discovery implications on cost to review and size to host, never mind the frustration of having to review multiple copies of the same document.  

Culprit 3: Emails Rebranded  

In addition to phishing, email marketing strategies are another culprit of email duplicates. A prominent marketing innovation companies have started using is centralized signature management. This allows a company to customize signatures for marketing campaigns by adding or omitting information, promotions, content, etc. from a centralized third-party platform. These signatures are not integrated directly into the users email account but are applied when the email is sent. The sender’s copy doesn’t have the signature, but a recipient’s email copy does, even within the same organization. This creates unique copies of an email just due to the signature block being different between the two versions even though ostensibly this is the exact same document. Consider how this might affect your electronic discovery obligations and timelines if you must review multiple copies of the same document. It can quickly become an exponentially growing headache for companies.  

What Can We Do About It? 

Acorn has been working behind the scenes to support our clients in the never-ending duplication struggle. We have developed custom proprietary tools to analyze email data and identify duplicates using a combination of the Message-ID and additional metadata fields.  Message-ID is a property added to outgoing emails by the sending mail system. It is retained in the recipient’s copy of the email as well.  It isn’t always unique and it isn’t always populated which is why it shouldn’t be the only method of deduplication. This property in association with other metadata can identify duplicative emails.  In one project alone, we were able to reduce the review population by 15%. This translated into roughly a savings of $40,000 by reducing the number of documents to review. 

I’m not here to argue the efficacy of using the Message-ID and metadata for deduplication purposes, I will leave that to the attorneys. What I can verify is the increasing number of duplicates in email collections that need to be managed. 

About Acorn

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides a high-touch, customized litigation support services with a heavy emphasis on seamless communications. For more information, please visit www.acornls.com.

Announcing Acorn’s RelativityOne Data Migration Competency

Acorn Legal Solutions Earns RelativityOne Data Migration Competency

Acorn was recognized for their expertise in migrating data from Fortune 500 enterprise environments to RelativityOne 

CHICAGO, IL – September 19, 2022 – Acorn Legal Solutions, a woman-led eDiscovery firm headquartered in Chicago, today announced it has earned its RelativityOne Data Migration Competency. Through this Competency, Relativity acknowledges that Acorn has exhibited an enhanced level of proficiency in data migration services. With the Data Migration Competency, Acorn has demonstrated their knowledge of RelativityOne best practices for data migration and has proven customer satisfaction with data migration work. Partners with this Competency provide expanded or enhanced offerings of value for data migrations, including but not limited to customized workflows or applications.  

Having completed migrations for both Am Law 200 and Fortune 500 clients, Acorn proved its migration competency in a number of scenarios: (i) migrating a workspace mid-review from on-premise Relativity to RelativityOne, Relativity’s cloud-based solution, (ii) migrating an entire eDiscovery environment from on-premise to RelativityOne, (iii) migrations from other platforms to RelativityOne.

The Acorn team has developed a proprietary process for migration that places high importance on managing communications, providing training to clients and ensuring the environment configuration aligns with stakeholders’ litigation and onboarding needs. The team’s years of experience in data migration, along with Acorn’s efficient customer service, have provided a significant benefit to their customers and led them to reaching their Data Migration Competency. Clients cited how smooth the process was. In addition, Acorn’s Director of eDiscovery, Tracey Oldenburg, was particularly cited for her successful management of complex migrations, and Acorn’s Account Manager Luke Riddle was commended for his project management skills and effective communication among teams.

“Acorn became an early adopter of Relativity’s cloud-based solution as we saw the potential for significant improvements in technology-enabled operational by moving to the cloud. I am proud that my team is able to facilitate these migrations painlessly so that our clients can start realizing the full value of RelativityOne,” said Lia Majid, CEO at Acorn Legal Solutions. “We are grateful to receive this recognition from Relativity as the team has put a lot of hard work into our proprietary migration workflows.”

 In addition to passing a complex scenario exercise on data migration, to achieve the RelativityOne Data Migration Competency, partners must provide Relativity at least four unique client references and be a published thought leader in the solution area. For more about Acorn’s data migration services, visit https://acornls.com/relativityone-migration-services/.

About Acorn 

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Although capable of serving AmLaw 100 Law Firms and Corporate Legal departments, Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides high-touch, customized litigation support services with a heavy emphasis on seamless communications.

About Relativity

Relativity makes software to help users organize data, discover the truth and act on it. Its SaaS product RelativityOne manages large volumes of data and quickly identifies key issues during litigation and internal investigations. The AI-powered communication surveillance product, Relativity Trace proactively detects regulatory misconduct like insider trading, collusion and other non-compliant behavior. Relativity has more than 300,000 users in approximately 40 countries serving thousands of organizations globally primarily in legal, financial services and government sectors, including the U.S. Department of Justice and 198 of the Am Law 200. Relativity has been named one of Chicago’s Top Workplaces by the Chicago Tribune for 10 consecutive years. Please contact Relativity at sales@relativity.com or visit http://www.relativity.com for more information.  

Announcing Acorn’s RelativityOne Silver Partnership

Acorn Legal Solutions Becomes RelativityOne Silver Partner

Acorn develops new app, eDiscovery BackOffice™ Mass Export Natives as part of commitment to partnership with RelativityOne

CHICAGO, IL – August 18, 2022 – Acorn Legal Solutions, a woman-led eDiscovery firm headquartered in Chicago, today announced that it has become a RelativityOne Silver Partner for providing exceptional service experience to its RelativityOne end users.  

Staffed exclusively by Relativity Masters, Experts, and JDs, the team at Acorn Legal Solutions averages 22 years of experience in eDiscovery project management, processing, hosting, case documents including ESI, paper documents, and other media. Acorn focuses on designing and implementing proportional, defensible approaches to manage high volume ESI projects, thereby minimizing clients’ legal risks and costs.

As part of their commitment to expand their usage of RelativityOne, Acorn has recently developed an app, eDiscovery BackOffice™ Mass Export Natives, that allows users to select documents in their document list or search result list and use a common mass operations workflow to download files. The application is simple to use, allowing users to mass export natives rather than downloading them one by one, and enables users to take control of a common support task for deposition and trial prep.

“We are very excited for this opportunity to grow our partnership with RelativityOne,” said Lia Majid, CEO at Acorn Legal Solutions. “Not only have we enjoyed working on custom solutions with Relativity’s available tools, but we are also looking forward to introducing new tools like Legal Hold to our services so that we can continue to provide the best possible workflows for our clients.”

“Acorn Legal Solutions’ commitment to providing customized and secure eDiscovery services exemplifies the values of our partnership program,” said James Zinn, Director of Commercial Partnerships at Relativity. “We congratulate the team at Acorn Legal Solutions on reaching RelativityOne Silver Partner status and look forward to seeing how they will continue to exceed client expectations.”

The RelativityOne Silver Level is part of the Relativity Partner Program and recognizes organizations that have reached a high bar for experience, customer satisfaction, and staff training and certifications. These partners are also proven innovators, with at least one custom application available in the Relativity App Hub. Their ability to make clients successful with RelativityOne is demonstrated and impressive. 

About Acorn 

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Although capable of serving AmLaw 100 Law Firms and Corporate Legal departments, Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides high-touch, customized litigation support services with a heavy emphasis on seamless communications.

About Relativity

Relativity makes software to help users organize data, discover the truth and act on it. Its SaaS product RelativityOne manages large volumes of data and quickly identifies key issues during litigation and internal investigations. The AI-powered communication surveillance product, Relativity Trace proactively detects regulatory misconduct like insider trading, collusion and other non-compliant behavior. Relativity has more than 300,000 users in approximately 40 countries serving thousands of organizations globally primarily in legal, financial services and government sectors, including the U.S. Department of Justice and 198 of the Am Law 200. Relativity has been named one of Chicago’s Top Workplaces by the Chicago Tribune for 10 consecutive years. Please contact Relativity at sales@relativity.com or visit http://www.relativity.com for more information.  

5 Tips for Selecting an eDiscovery Partner

eDiscovery is an essential component of litigation, but this phase of discovery has become increasingly complicated as the amount of electronic data and data sources continues to skyrocket in growth year over year. Often, firms may not have the bandwidth or the expertise to handle eDiscovery in-house. Due to these factors, eDiscovery partners have become very common and can be relied upon to handle the large amounts of data needed for litigation.

eDiscovery partners can provide crucial support through the different phases of the discovery process, starting at collection through review, production, and case completion. An eDiscovery partner will also be able to assist you at the beginning of the matter to develop a targeted strategy and workflow with defined goals and budget. This creates not only a seamless, defined, and understood process allowing your case team to work collaboratively with your eDiscovery partner.

It may be overwhelming to choose between an eDiscovery partner out of the many options available today, and there are a few important metrics to take into account when evaluating and deciding on which partner works best for you. The choice of an eDiscovery partner can have a significant impact on the success (and cost) of your case, so it is essential to hire someone you can trust, particularly since you are dealing with sensitive client data.

1) Level of Customer Support

eDiscovery isn’t always simple and clear-cut, which is why it’s necessary to work with a Project Manager who provides dedicated support from the beginning to the end of your case. When looking for an eDiscovery partner, find out whether you will have a direct and consistent point of contact throughout your case. Does the partner pride themselves on being customer-focused? Do they not only provide technical eDiscovery services but also provide insights and consulting?

The technical experience of a project manager is just one piece of finding the right eDiscovery partner. Ensure that you will be working with a dedicated project manager who is available to you and understands the overarching goals of the case and works in collaboration with your team to develop the most efficient and cost-effective workflows for each matter.

2) Capabilities & Expertise

There is a tremendous level of experience required to understand complex eDiscovery software and workflows. When you are searching for an eDiscovery partner, check the years of experience the current project managers on the team possess. Do they have the technical acumen required to successfully handle all the phases of the Electronic Discovery Reference Model (EDRM)? Has the team attained certifications as an expert or master in their current technology platform and do they hold related eDiscovery certifications? For example, if the provider uses RelativityOne, are their project managers Relativity Experts or Relativity Masters?

The technical knowledge of a project manager will likely determine the quality of work with a chosen eDiscovery partner. Not only should your eDiscovery partner have the technical capabilities to complete the phases of eDiscovery, but it’s also important they have the expertise to produce superior outcomes for your case.

3) Service Offerings

Before choosing an eDiscovery partner, you must determine their scope of services and if the services they offer meet your needs. Whether you require assistance with litigation support, consulting, collection, hosting, review, production, or managed review, doing some research into the partner’s service lines is a simple and quick step to ensure the partner has an understanding of your needs and can successfully execute a plan.

4) Technology Offerings

Now that you have determined whether an eDiscovery partner is both capable in the field and provides the services you need, it is imperative to understand the technology they offer. With cyber-attacks becoming increasingly common and the expansion of data privacy laws, data security concerns are at the forefront of many firms’ and corporations’ minds. Evaluating partners and their technology solutions to meet or exceed industry security standards is essential. 

Once you understand the technology the company uses, determine whether it is reliable, secure, and exceeds industry standards.

5) Agile and Scalable

Your project manager should be closely involved in your case so that if your case grows, they can adjust your workflow accordingly. For example, Acorn developed our Small Case Solution for this exact reason. In RelativityOne we created a solution that is designed for cases with small data volumes. Our Small Case Solution allows our clients to have a fixed price for cases that are on the smaller side.

Using the Small Case Solution has allowed our clients to have a very cost-effective option to preemptively evaluate and work on their cases. If the case increases in scope, all of that initial work product is retained and we can easily scale to a larger case without any loss of work product. A case’s scope can abruptly change and there really isn’t a “one size fits all” scenario. It’s important to ensure your eDiscovery partner has solutions customized to your specific case needs.

Find the Right Partner for You

Since eDiscovery is such an important aspect of litigation, taking the time to evaluate potential eDiscovery partners can ensure that your unique needs are met and successful outcomes achieved. Determining the capabilities of the software and services and the level of expertise of your potential eDiscovery partner can start you off on the right foot toward a successful resolution of your cases. Clearly articulating your goals, expectations, and the services you need will help you find an eDiscovery partner that is the right fit.

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About Acorn

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides a high-touch, customized litigation support services with a heavy emphasis on seamless communications. For more information, please visit www.acornls.com.

Is It Ethical to Gain a Profit from eDiscovery?

You have a case involving a number of documents that will likely be too time-consuming for your in-house team to manually collect. You find yourself in a situation where you need the assistance of an eDiscovery vendor, but you may be concerned about the costs involved. Even though eDiscovery is often an essential part of litigation, many firms cite budget concerns as one of the major challenges within the industry. The good news is that there are ways to recover costs associated with eDiscovery by viewing them from a business perspective and understanding how to effectively manage them.

Is It Appropriate to Generate a Profit from eDiscovery?

While it may be common to recover eDiscovery costs, you may be wondering whether it is ethical to generate a profit from these services. The best way to view this is by understanding that eDiscovery usage is a business decision, not an ethical decision. It is appropriate to bill clients for this work so long as firms develop a reasonable cost recovery approach and communicate it to the client in advance or within a reasonable time of beginning representation.

eDiscovery services are likely benefitting your client in collecting the facts for their case, and you are incurring these costs for the sole purpose of most effectively representing them. Adding on eDiscovery services to your litigation isn’t a cash grab from your clients, it is a method for significantly improving the outcome of their case. In fact, you may even find that you are able to add on an extra fee for eDiscovery services so long as the costs meet the reasonableness standard and are transparently communicated to the client. Keep in mind, this is only applicable if the work and skills required are comparable to the costs that are being charged.

How Firms Can Effectively Recover eDiscovery Costs

There are many costs associated with running a business, and as a law firm, eDiscovery services are likely always going to be part of these expenses. Whether you decide to add an extra charge for these services, or simply want to recover the costs, the most important factor is the need to be transparent as you present them to your client.

There are a few different ways that you can present these costs, depending on the number and types of cases that your firm manages. For example, you may bill these services based on the volume of cases, volume of data, or the amount of users for your services. It is up to your team to determine the best way to define the costs associated with your services, but typically eDiscovery vendors provide pricing that assists with making these strategic decisions.

Billing Made Easy

As you begin working with an eDiscovery vendor, they will be able to provide you detailed, line by line pricing associated with the amount of data you are collecting. When you communicate these costs to clients, it is crucial to outline them as clearly as possible, as well as explaining how these services support them in their matter. If you are to apply a surcharge for the time and effort associated with these services, be sure to explain your reasoning and inform your client of the complexity of these services.

You want to ensure the trust of your clients while making effective business decisions for your firm. By being transparent with your pricing, you not only can provide effective representation, but also create a successful partnership between your firm, your clients, and your eDiscovery vendor.

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About Acorn

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides a high-touch, customized litigation support services with a heavy emphasis on seamless communications. For more information, please visit www.acornls.com.

Sizing Up Software at LegalTech – Thoughts and Considerations

As we face the end of mask mandates and a return to “business as the new normal”, the legal tech industry is kicking off its return at Legal Week in New York. This presents great networking opportunities, and a chance to catch up on what the technology companies have been doing under the radar these last few years while we’ve all been locked away at home. 

There have been big changes in the technology space in regard to the “Product.” This year’s Legal Week presents one of the few opportunities where I can see 2 years of progress in a demo versus 2 months since the last trade show. 

The few products I am most excited to see: 

  • Relativity has ramped up their cloud-based solution RelativityOne and gained a lot of momentum around their TRACE product. Their deployment of automated, scalable redactions with their Redact product is probably the most visible advancement during the COVID time period. Second to that is a heavy focus on integration with other cloud-based sources of data with their Verqu acquisition.  
  • Reveal / Brainspace / StoryEngine have all merged. StoryEngine and Brainspace are by far the best AI powered ECA products on the market. This functionality provides tremendous value to customers. Acorn has always been a fan of StoryEngine, and on average, for the cases we have that use StoryEngine there is a reduction in Total Cost of Review of 83%. Integration with Relativity has always been an important part of this process for us and I am keen to see if StoryEngine continues to support that tech stack with their stand-alone product, or if they choose to focus on integrating all the AI into their Reveal review.  
  • Disco’s review platform has always had a leg-up in terms of simplicity and ease-of-use. For individual attorneys running the entire eDiscovery process on their own, it makes a lot of sense. I’m not sold, yet, that it’s as useful for workspace administrators looking to support ultimate flexibility and customization in their work. But Disco is pursuing a channel strategy in earnest now, and I am very interested in seeing how that strategy plays out in the market. 
  • iConect is a product that I’ve always loved. It’s a halfway point between Disco and Relativity. It offers a lot of Relativity’s flexibility, and a lot of Disco’s ease of use and simplicity. They took on new investors ~3 years ago, and I bet they have made a lot of progress in terms of product advancement. I’ll be curious to see and hear about it. This is a bit of a dark horse for me going into Legal Week. 
  • Merlin Search Technologies (a.k.a. The Return Of The Johns – Pappas and Tredennick) is the biggest wildcard for me. This team pioneered Continuous Active Learning / TAR 2.0 in the industry and the original team is largely reunited with a new goal in mind. Based on a quick review of their website, I don’t fully understand their differentiation from other tools. However, with this group of folks, I trust it’s there and am excited to hear about it. 

While I’m looking forward to seeing all the new bells, whistles, and features during my in-person software demos, I’ve learned to start focusing on the “Whole Product” instead of just the “Product.” 

“Whole Product” was a concept developed by a Harvard Business School professor, Ted Levitt, and best understood via example. Let’s use a car as an example. If you buy a car that has the features that you want, but it doesn’t have some of the other critical components of your ownership experience, like a nearby service center, an adequate warranty, availability of parts, etc. then you won’t be happy. The Whole Product is the entire experience, and not just the features of the Product. (See here for an article that explains it a bit more in depth) 

Similarly in eDiscovery and Legal Tech, the Whole Product matters. While the demos will show me the Product, the networking will get me more insight into the Whole Product. Here are the questions I plan on asking about each of the aforementioned technologies: 

Considerations for Whole Product in eDiscovery / Legal Tech Space: 

  • How easy is it to find in-house or out-sourced talent that can support this product / software? 

As a services provider thinking about my “Whole Service” it is hard enough to find professionals with the breadth of skills we look for: education orientation, passion about using technology to drive value, communication skills, client orientation, ability to manage complex projects, etc. I don’t want to limit my pool of candidates further by only looking for people with niche technology skills. I also don’t want to slow down my staff onboarding by requiring my new team members to undergo more training in a new technology. For me, this is a big one where Relativity comes out ahead – and I think is a reason they have been a dominant player in the market. 

  • Support with upgrades, or tech issues 

Although software is a platform, the world of tech gets complicated fast. Does that software work on various browsers, with various versions of that browser, on various types of devices, with various operating systems? Ensuring the Product functions in all those circumstances becomes a geometrically complicated problem. I want my team focused on creating value for clients, not distracted with tech troubleshooting. So, good processes, investments, and expertise from my vendors in this area is key to my Whole Product experience. Alternatively, a software provider who can be very specific and focused on the tech stacks they are designed support also garners my trust. 

  • Access to educational materials on how to get the most out of the Product 

eDiscovery is a devil-is-in-the-details industry. Having good documentation around how the features are configured and the logic around those configurations is key to our services. If we can’t explain to a client why a filter in one software platform generates different results for the same document set than a seemingly duplicate filter in a second software platform, we have a lot of trouble using the software. This is crucial documentation for defensibility considerations. All software providers say they have documentation, support, and access to their experts. However, most run out of bandwidth before we run out of questions.  

  • Security operations, and transparency responsiveness around evolving data security / data breach environment 

Data security is at the forefront of both our industry and the world. There have been several key breaches and vulnerabilities discovered.  The old industry standby of “our data is secure, trust us” doesn’t hold as much water as it used to. I’m not a data security expert, so this is a hard one for me to evaluate. I do generally look for robust processes, contractual commitments to transparency, and dedicated security professionals with both in-industry and outside-the-industry experience to get comfortable when considering a new product in our portfolio. I also rely on a roster of blue-chip clients in financial services to get me comfortable that the data security operations are up to snuff. 

  • Integration with the rest of your tech stack. Integration with the operations / tech stack / talent of the organizations that you need to coordinate / collaborate with 

So, this is another Harvard Business School idea, pioneered by Thales Teixeira. About Decoupling. In short, a lot of technology companies try to force you to use all their modules through coercive technology tactics. Instead, I look for products and companies that support the concept of decoupling. They allow me to choose the tech stack that works for me, my organization, my clients, and my partners – even if it means picking and choosing modules between software companies that are traditionally viewed as competitors. Ultimately, that’s good for everyone because it allows the most value creation in the marketplace. 

Conclusion:

There’s a lot of expertise, hard work, and good intentions in the eDiscovery industry.  Yet there’s still a lot of frustration at clients, at service providers, and at technology firms. The work we do is cross-functional, intellectually challenging, and performed in a high-uptime, contentious, fluid environment. That, in and of itself, makes it hard for everyone to walk out of a project with a good experience. However, understanding and focusing on the Whole Product of eDiscovery technology at the outset of an engagement gives everyone more of a fighting chance at success. Without it, the headwinds are even stronger. 

I refuse to accept the old industry refrain of “all eDiscovery providers suck, but at least we know how ours sucks and ours sucks less than any of the other ones out there.” There is a path to plan and resource our way to success on projects in this industry. And we can learn from other industries. 

I look forward to seeing you all there, and jumping back into the pool of great people, great solutions and great parties at Legal Tech! 

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About Acorn 

Acorn is a legal data consulting firm that specializes in AI and Advanced Analytics for litigation applications, while providing rigorous customer service to the eDiscovery industry. Acorn primarily works with large regional, midsize national and boutique litigation firms. Acorn provides a high-touch, customized litigation support services with a heavy emphasis on seamless communications. For more information, please visit www.acornls.com. 

Groundhog Day 2022 | Bridging the Gap: Addressing the Need for eDiscovery Staff with Technical Expertise

Acorn’s CEO, Lia Majid, was joined by Miller Johnson’s Director of Information Technology, Joseph Anderson, for this year’s Groundhog Day webinar to discuss the growing need for eDiscovery personnel with technical expertise.

The discussion expanded on how the lack of eDiscovery personnel, along with the increased need for eDiscovery services, has produced significant industry challenges in recent years. When it comes to managing eDiscovery in-house, there is often a lack of personnel whose main function is eDiscovery. As Joseph notes, “We had an eDiscovery practice that consisted of one project manager working on one case professionally, and then we had a handful of paralegals who were working in Relativity and working with the discovery. But not doing it as their main function and goal…that’s not scalable. If you get one big case, then all that time is taken away and there’s no way to expand eDiscovery within the firm.”

Joseph identified a need for strategically leveraging a partnership with an eDiscovery vendor to accelerate and expand eDiscovery in their firm. They initially didn’t have an established process for dealing with vendors and a structured way to put together the documentation and pull in all the relevant information. As Joseph mentions, “There was this idea that we have to get it into Relativity, we have to do the searches, oops we did something wrong. Okay dump everything out and let’s put it back in.” But through their partnership, they were able to establish a standardized process for each case. Now when there is a new case, they move through their standardized process and identify what needs to be produced before putting it into Relativity, avoiding unnecessary rework. With this increased efficiency, their team’s bandwidth was opened and provided more room for scalability.

A large contributor to these standardized processes involved designing a model to their firm’s case needs, especially for smaller cases. Partnering together, we developed a Small Case Solution, allowing them to leverage Relativity for small matters for a flat fee. Utilizing Acorn’s Small Case Solutions, Joseph’s team created a model where they can bring smaller cases into the RelativityOne software and spread this service to other practices within their firm that typically hadn’t leveraged eDiscovery tools. Joseph mentions, “If you told me that General Counsel would use it for a general investigation, or a Real Estate Partner would be using eDiscovery and that we would have 25-30 cases up from 4, I would have thought no way.” Through their partnership, they now can spread eDiscovery across the firm, and offer the right tools at the right time and place.

By using a standardized workflow with a self-service approach, Joseph’s firm was able to take on more work without needing to hire any new eDiscovery talent. With the current landscape of eDiscovery staffing shortages, it is often not feasible for firms to hire a new paralegal each time new cases arise. Investing in talent also presents cost challenges as Joseph notes, “When we brought an individual on, it was only 20 hours a week and we had the ability to scale up. But if we didn’t need 20 hours, we were still paying for it.” Workloads are constantly fluctuating, but with a strategic partnership to help with the ups and downtime in terms of work within the space, they can scale accordingly.

Despite the challenges surrounding access to individuals in the industry with technical expertise, leveraging a strategic partnership allows you to bridge the gap. Working closely with a partner not only offers access to high eDiscovery expertise but helps you create standardized processes, models tailored to your firm’s needs, and leverage powerful tools at the right moments to truly scale and expand your eDiscovery practice. Transforming eDiscovery into a tool can help leverage across more practices and expand your firm’s efficiency and caseload.

View the full 2022 Groundhog Day session here.