November 9th, 2005

New federal rules. New technology. New types of data. New job titles being created to deal with the impact of electronic discovery. Discussions is keeping an eye on these and other trends in electronic discovery. In this issue, we highlight three of these trends:
  • First, electronic discovery expert Anne Kershaw provides a fascinating insight into the cost and accuracy benefits of using an automated approach as part of a review process.
  • We also recommend a recent article in CIO magazine which discusses the growing importance of the role of the Chief Information Security Officer.
  • Finally, in an article published in Law Technology News, Conrad Jacoby writes about a topic near and dear to our own hearts - the increased use of short, cryptic messages sent from mobile devices such as cell phones, Blackberries and Treos.

> Automated Document Review Proves Its Reliability

By Anne Kershaw, Esq.

Use of electronic discovery technologies continues apace and, if you have not yet used them, you will before too long. Pushed by cost, time, regulatory and ethical considerations to embrace change, law firms and clients are increasingly experiencing the impact of electronic discovery technologies. Independent evidence suggests that automated techniques can do a significantly more accurate and faster job of reviewing large volumes of electronic data for relevance, and at lower cost, than can a team of contract attorneys and paralegals. We describe a study that vividly illustrates how automated review can reduce the risk of missing a responsive document by 90%. Visit http://cataphora.com/out.php?go=879uw to read the rest of the story

> The CIO's next job title: CISO

Will CIOs you know soon have a new job title or a new co-worker? Driven by the requirements of Sarbanes-Oxley, and with many companies reporting financial losses as a result of attacks on their systems over the past several years, companies have begun hiring chief information security officers (CISOs), a relatively new job category that merges the functions of the CIO and the CSO. Visit CIO Magazine at http://cataphora.com/out.php?go=8796v to read the story.

> Locate Smoking Guns in Cryptic Messaging

Devices like the Blackberry and Treo, and cell phones with text capability, have given rise to a whole new art of tapping out brief, misspelled email and SMS messages. Practicality dictates that these messages are brief and, absent the context of the conversation, very cryptic. They contain many abbreviations, and often don't make sense unless read in the context of other messages. All of which makes these messages a particular challenge during electronic discovery. Contextual analysis provides a solution. Read about it in Law Technology News at http://cataphora.com/out.php?go=ot68l


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This newsletter is also available online at http://www.cataphora.com/newsletter/20051109/index.html