The Stressed, Insane, Relentless and Unforgiving World of Second Requests – Part 3

Thursday, November 16, 2017

Perspectives from eDiscovery Industry Insiders – Part 3 of Our 4 Part Series, RELENTLESS

Following is Part 3 of the four-part blog series from senior team members who have extensive experience with Second Requests. Find out more about their experience with the stressed, insane, relentless and unforgiving world of Second Requests. Click to read Part 1 and Part 2 of the Series if you missed them.

Relentless: That’s the attitude our expert analytics team has when it comes to using our technology tools and workflows to reduce a client’s data population efficiently and defensibly.  It’s just not humanly possible anymore to handle the vast amounts of data typically required by a Second Review without advanced analytics and TAR.

Advanced Discovery, Relativity, Second RequestOur analytics team is able to produce under pressure because we have smart people using smart tools – many patented and patent-pending, which we’ve built ourselves.  We have in-house experts with over 175 Relativity Certifications, including more Relativity Masters than any other eDiscovery company.  Given the high stakes, our goal is to put a Relativity Master, or at a minimum, a Relativity Expert as part of the Second Request team.

Our specific role in the kick-off meeting is to fully understand the rules of engagement so that we can make the best use of analytics tools without taking steps contrary to any pre-negotiated agreements and terms with the relevant regulatory agencies.  The use of TAR is no longer questioned by the agencies – and in fact, is now encouraged.  While that makes our role more central, it also means we are responsible for educating clients on the technology options, recommending a specific path – and documenting our plans for presentation to the regulatory agencies in order to be compliant with the 2015 Revised Model Second Request Outline.

We’re fortunate to work with tools that aren’t available anywhere else – innovation that streamlines the elements of the eDiscovery process that most impact project timelines and costs, including Second Requests.

No. of Minutes to Process 60 GB Data SetFor example, I know that our Intelligent Processing PlatformSM (IPP) processes full native file data sets two times faster than leading alternatives.  And our processing and hosting infrastructure can scale virtually on-demand.  That’s important when you think of the amount of data being ingested during a Second Request.

“Faster in” means faster access for our analytics professionals, which means they can start eliminating documents right away.  I already know that a ton of non-relevant documents will be collected, processed and made available for analytics.   That’s just the nature of data. What’s more, there will be plenty of documents that we know from experience will have no chance of being responsive.

Second Requests are a lot of work in a short period of time.  Anything we can do to efficiently and defensibly reduce the data population that must be pushed to the review attorneys is key to speeding up the process and reducing costs.

Our team typically starts using simple Message Class metadata indicators to identify whether an email is a read receipt, calendar invite, delivery notification, auto-reply, etc.  Domain Parsing can also identify emails from airlines, hotels and car rental agencies, as well as marketing solicitations.  You’d be surprised how much data can be eliminated right up front just by culling based on simple metadata tags.

Advanced Discovery, Data, RelativityNext, we dedupe content using email threading to ensure we are only loading unique documents into the platform.  We then use more advanced analytics to further cull and prioritize the data population prior to the review.

Predictive coding tools are the holy grail of efficient and accurate Second Requests.

Training an algorithm in partnership with our client helps us identify the most likely responsive documents in the mass of collected data.  The process is iterative, and we are relentless about quality control, using clustering, search term analytics and other advanced tools to ensure the accuracy of our results.  Our goal is to train the algorithm to assist in knocking out non-responsive documents defensibly.  With the stakes so high, no analytics stone is left unturned.

eDiscovery, Advanced Discovery, Benchmarks, DataIn addition to all of that, we have proprietary national and peer-group benchmarks to show the value of our document reduction efforts.  Although it does differ from one industry to the next, we’re able to reduce document sets by 90% on average.  That means only 10% of the documents collected are pushed to review.  It’s an exhaustive and exhausting process, with a strong ROI in reduced review time and cost.

While I always like to quantify the value we bring to our client engagements, our Solutions experts also add an important qualitative benefit to the Second Request project teams.  For projects like these, when the team is working around the clock and stress is high, we are an additional layer of support to the client and to our internal project management and review teams.  We know the data intimately, and have the big picture context to ensure quality deliverables – on time and on budget.

Be sure to check our Insights page for Part 4 of our Series, “Unforgiving”, Brandi Walkowiak, Vice President, Review and Professional Services.


Author: Sarah Cole, Esq., Director, Solutions and Relativity Master

Sarah Cole serves as Director, Solutions for Advanced Discovery.  She is an eDiscovery professional specializing in predictive and textual analytics. As one of the select few Relativity Certified Masters in the world, Sarah is one of the industry’s leading authorities on the Relativity platform. A subject matter expert in eDiscovery review, analytics, and predictive coding technologies, Sarah specializes in building efficiencies, advanced workflows, and dictating best practice.

Sarah’s eight years of industry experience comprises hands on roles in legal, document review and management, document hosting and production operations, project management, and analytics expert capacities. This inimitable combination equips Sarah with a valuable 360 ° perspective that she uses for cost and time efficient project design. In her role as Director, Solutions for Advanced Discovery, Sarah employs her passion for efficiency, extensive experience and her deep platform and workflow knowledge to the service of Advanced Discovery’s clients.

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