Page 5 - Litigation

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Litigation | TUESDAY, JULY 5, 2016 | S5

is critical, of course, and the data population Feature-based searches can uncover dis- sistent across the collection? Experts typi-
As courts and bar associa-
may reveal previously unknown relationships. cussions of interest that otherwise might cally normalize and group the metadata into
In U.S. v. Rajaratnam,5 the discovery of Raja- tions increasingly challenge escape detection. Such searches include consistent ields to ensure that, for instance,
ratnam’s connection to and communication emotional content ilters that can surface all email ile types can be easily searched.
with Roomy Kahn was the critical link in the lawyers to view the abil-
documents with strong language or that Equipped with the right tools, experts may be
chain. Expert application of analytics tools ity to understand technol-
express concern, stress, fear, secrecy, or even able to ind missing information and supple-
can help identify important players, whether attempts to conceal information. Searches ment metadata for search and analytics.
to identify (or challenge) witnesses or actually ogy as an ethical imperative, can also be informed by analysis of social In looking at the collection as a whole,
establish culpability. In electronic communi- networks (for example, isolating emails sent identifying a signiicant change or unexpected
cations, however, names take many forms and counsel’s understanding
to one or very few correspondents which tend variation in the volume of emails or other

can appear not only in content text (perhaps of advanced search and to be less formal and unvarnished than larger documents over time may lead to further
as a name, perhaps as just “she”), but also in analytics approaches takes on blasts), and can be reined to include key investigation on that basis alone. The insight
multiple places in metadata and email head- people, entities, and dates to ensure cover- may range from seeing gaps in the production
ers. Identifying name variants, that is, how increased importance.
age of the targeted search topics. A variety to identifying when key activity was likely to
individual names may appear in corporate of analytics tools can identify repeated use be occurring.
email, personal email, instant message IDs, search have revealed such coded jargon to of terms or phrases with no apparent rela- In these and other ways, today’s tools
and distribution list associations (e.g., bill Michaelson’s team? Corporations and indi- tionship to the topics of the litigation or a together with enough know-how can advance
[email protected], [email protected], viduals routinely use shorthand, code words, company’s business, which could be code the efforts of counsel to ind key documents.

[email protected], bsmith12, Executive chat acronyms, text shorthand, abbreviations, words with another meaning (using sports Undoubtedly, the complexities and growth of
Committee, BOD, etc.), increases the chances or metaphors—which search savvy, not intu- analogies to disguise illicit trading activities, electronic information will continue to chal-
that all information related to an individual ition, will reveal.
for example).
lenge litigation and investigation teams. Being
will be found. The location of a name in a Through subject matter knowledge acquired • The “when”: Consideration of time aware of what is possible, being able to assess
communication might even make a difference, in working with counsel and the data, search frames is crucial in locating key documents (with appropriate guidance) which possibili-
depending on the nature of the case (was it a experts can apply analytic tools and tech- as well as supporting or refuting the chronol- ties may help meet client goals at reduced
BCC? A name in a comment ield?).
niques that can segment search topics into ogy of facts. There are various ways to detect cost, and communicating choices to clients
• The “what, why, where, and how”: When their constituent elements to ensure that both references to time as well as the time (as ABA Model Rule 1.4 contemplates6) all fall
it comes to the guts of a matter, it may be searches comprehensively cover the issues, information was created or circulated. Meta- within the ambit of technological competence

tempting to assume language that might have entities, and activities that matter. Word and data is typically important in these analyses. for litigation counsel.
been used and construct keyword searches sentence similarity algorithms, for example, The idelity of the metadata has an impact on Fortunately, advanced analytic tools and
accordingly. According to 60 Minutes and case can quickly surface documents that contain the types of analyses that can be performed search techniques are constantly evolving
materials, the case-breaking text message content based on real or hypothetical phrases and/or the thoroughness of the analysis. For and becoming more accessible to the lay-
from Roomy Kahn read “donot buy plcm till and sentences that could be key to the case, example, with productions from multiple par- person. But, the time and skill required to
I het guidance; want to make sure guidance pulling up conceptually similar information ties, are the metadata ields that are used to use and apply them strategically should not
OK.” Would a lawyer-constructed keyword
even if none of the words are the same.
search for emails comprehensive and con-
be underestimated. Ultimately, » Page S10

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