by Stan Pierson
on August 23, 2016
Analytics & Assisted Review
ECA & Investigation
Review & Production
Data formats often vary between types of disputes and investigations, and they will always change e-discovery protocols. Certain industries—such as insurance or pharmaceuticals—are more frequently subject to their own unique flavors of litigation. There are also investigations—internal and governmental—to take into account.
In today’s corporate landscape, data diversity means no two cases are the same. However, some reasonable predictions can be made based on the type of action or company at play—especially when it comes to the use of analytics—to support faster case strategizing. Ahead of your next document review project, consider these best practices to help you better support your client and case team’s unique circumstances.
Although any company may be subject to investigations—both internal and external—it’s clear that the banking industry is seeing an increased regulatory market, and investigations are not uncommon.
Many investigators—particularly those focusing on potential fraud or insider trading, for example—need to take a deep look at the conversations that drive criminal behavior. These might include email threads or chat logs. Often, code words are used in place of the players’ true intentions, making manual, first-pass review feel a bit like reading a whole other language.
Other investigations that are particularly relevant to the banking industry may include spreadsheets full of important calculations, rates, or transactions. For example, investigating accounting practices may require close scrutiny of quarterly budget reports in Excel.
For emails and chat logs, it’s important to:
For spreadsheets full of numerical values, conceptual analytics won’t provide much analysis. However, you can:
In a tech-forward world where intellectual property is king, more companies are facing related intellectual property matters. In the technology space and the energy industry, for example, patent litigation can be a frequent reality. Additionally, construction law can yield litigation over unfinished projects or poorly implemented building designs.
Both of these types of litigation typically involve a tricky data type: drawings and images.
For example, construction matters may rest on blueprints and CAD drawings—or even scanned sketches—created by the engineers and architects behind a disputed project.
Similarly, patent disputes could involve the original designs behind a groundbreaking invention.
Gathering insights with this type of data requires a well-trained eye and expertise in the relevant field during document review. To simplify e-discovery, your team can:
Litigation within healthcare and pharmaceutical industries may involve malpractice cases of a fairly small size, or disputes over clinical trials on a much larger scale.
In cases involving clinical trials, there may be an immensely large number of similar documents, such as the same form filled out by hundreds or even thousands of participants.
Additionally, pharmaceutical matters—because they may involve the efficacy of a particular drug over many decades of research and use—can involve many historical documents that were originally created on paper. This typically means a lot of OCRed text.
Even large-scale medical matters can be simpler to tackle with a few key tools.
Whether you’re working on a matter like these or something else entirely, it’s critical to take a good look at your data and understand what it’s likely to contain even before document review begins. Build good habits so you can execute defensible, effective protocols for every project. For example:
Stan Pierson is a member of the customer success team at kCura, offering case teams a practical perspective on document review with a mind for cost-effectiveness and efficiency.
Now in Relativity Analytics: 3 Customer-Driven Enhancements
4 Ways to Move e-Discovery Data That You May Not Know About