5 things every legal pro should know about managed review · 2019. 1. 7. · agenda introductions...

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5 Things Every Legal Pro Should Know about Managed Review September 26, 2016

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Page 1: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

5 Things Every Legal Pro Should

Know about Managed Review

September 26, 2016

Page 2: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Agenda

Introductions

The 5 Things Every Legal Pro Should Know

1. Global data privacy laws

2. Regulatory responses

3. Technology Assisted Review

4. Collaboration and communication

5. How to define and measure quality

Open Q&A

2

Page 3: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Disclaimer

Jones Day presentations should not be considered or construed as legal advice on

any individual matter or circumstance. The contents of this document are intended

for general information purposes only and may not be quoted or referred to in any

other presentation, publication or proceeding without the prior written consent of

Jones Day, which may be given or withheld at Jones Day's discretion. The distribution

of this presentation or its content is not intended to create, and receipt of it does not

constitute, an attorney-client relationship. The views set forth herein are the personal

views of the authors and do not necessarily reflect those of Jones Day.

3

Page 4: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Introductions

Keira CampbellAssociate, Jones Day

Keira Campbell's practice is devoted to antitrust and competition law. She

represents clients in mergers and investigations before the Federal Trade

Commission (FTC), Department of Justice (DOJ) Antitrust Division, and state

attorneys general. Keira has guided clients through all phases of antitrust review

processes. Keira has represented clients in a range of industries including

consumer goods, pharmaceuticals, pet food, major household appliances, and

radio. She has additional antitrust experience providing counseling on distribution

and trade association matters, representing clients in FTC and DOJ conduct

investigations, and cross-border filings. Keira practiced for a number of years in

Australia representing clients in cross-border transactions and in complex antitrust

litigation before the federal courts of Australia at both the trial and appellate levels.

She has bar admissions in both the United States and Australia.

Page 5: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Introductions

Kathryn HardieSenior Managing Director, FTI Technology

Kathryn L. Hardie is a senior managing director in the FTI Technology practice,

specializing in channel software distribution, and is based in Washington, DC. With

over 21 years of experience in litigation support, electronic discovery and channel

management, Ms. Hardie specializes in technical solutions to both law firms and

corporations. Ms. Hardie’s area of expertise has been in mergers and acquisitions

with an emphasis on the Hart Scott Rodino process and second request

compliance. Ms. Hardie has worked with the top global law firms and fortune 100

corporations guiding technical needs for government compliance in response to

Federal Trade Commission and Department of Justice subpoenas. Ms. Hardie has

also worked directly with government agencies in the delivery of data productions

for compliance determination. Ms. Hardie has also been engaged in matters

related to the European Commission competition investigations of several US and

EEC based corporations.

Page 6: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Global data privacy laws

6Source: Forrester Research, Data Privacy Heat Map, 2015

Full map available here: http://www.ftitechnology.com/resources/white-papers/forrester-research-data-privacy-heat-map

Key Considerations:

• Multi-lingual reviews?

• In-country reviews?

• Evolving regulatory

landscape (Brexit,

GDPR)

Page 7: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Regulatory Responses

Key considerations:

Which agency is making the request?

What is the best review workflow strategy?

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Page 8: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Collaboration and Communication

Key considerations:

Are we getting key data in real-time to develop strategy?

Are we duplicating efforts?

8

MANAGED REVIEW PROVIDER

LAW FIRM

MANAGED REVIEW PROVIDER

CASE INTELLIGENCE

Reference Set FeedbackPrivilege Calls,

Redactions

Processing Review Analysis Production

Quality Control & Statistical Validation

Page 9: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Technology Assisted Review

Key Considerations:

What kind of technology and workflow works best for you case?

What are the technology options?

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Page 10: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Measuring Quality

Key considerations:

Can technology help?

What are our goals for this matter?

10

Focus on

Quality

Page 11: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Open Q&A

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Page 12: 5 Things Every Legal Pro Should Know about Managed Review · 2019. 1. 7. · Agenda Introductions The 5 Things Every Legal Pro Should Know 1. Global data privacy laws 2. Regulatory

Additional Resources

Metropolitan Corporate Counsel Article >

Expert E-Discovery for M&A Second Requests

The Editor interviews Kathryn McCarthy, Senior Managing

Director, FTI Consulting, Inc. Learn more >

Thank you for

attending today’s

webcast.

For more information on

managed review, please visit:

ftitechnology.com

Kathryn [email protected]

FTI Technology Brochure >

Managed Document Review

Our managed review experts deliver comprehensive legal review

globally, from initial project planning to completion of your matter

with laser focus on review effectiveness. Learn more >

White Paper >

Metrics that Matter

What do Van Halen, M&Ms and metrics in e-discovery have to do

with one another? More than you might think. Learn more >

FTI Technology Case Study >

FTI Technology’s Antitrust Expertise Aids in

Energy Merger

A large energy industry company planned to acquire a competitor.

Given the size of the companies… Learn more >