“Why are you called WarRoom?”

Posted on June 7, 2013 by Chris Bell

We get asked this question a lot. After all, the name calls to mind a room at the Pentagon, filled with generals, intently debating lights on a map. In the legal industry, the term “war room” is used to describe the conference room where the case strategizing happens.

In Litigation Is War, Frederick Whitmer explains: “The whole idea here is to think about litigation as an enterprise in which you are trying — as Clausewitz says about war — to impose your will on the enemy. Litigation involves the exercise of force through judicial compulsion, to impose your will on your adversary. And, if you’re a defendant, of course, to resist the other side’s will being imposed on you.”

Just as military commanders use tactics to outmaneuver their opponents, so litigation attorneys leverage evidence in a structured approach to achieve favorable settlements and judgments. Some people dislike the analogy. But like it or not, seeing litigation as war is extremely illuminating for many lawyers.

Discovery Is a Battlefield

“Discovery is where it’s at — only 1 percent of cases go to trial.” ~ Shira Scheindlin, U.S. District Court judge and authority on eDiscovery

Despite what TV shows would have us believe, lawyers know that the real action of litigation happens before the trial, during the discovery process. Each side collects, processes, reviews and produces evidence pertaining to the case. So, as Frank Easterbrook, the Chief Judge of the United States Court of Appeals for the Seventh Circuit and one of the most cited appellate judges in the United States, once said, “That discovery is war comes as no surprise.”

Implementing a war room strategy is your key to obtaining a favorable outcome. Understanding your discoverable data before your 26(f) “Meet and Confer” session gives you a sizable tactical advantage. Whether you find the smoking gun, or you realize that a settlement is your best option, early case knowledge is power.

It’s also important to know which production format is most advantageous and cost effective for your case before the Meet and Confer. When you know and understand Electronically Stored Information (ESI) production formats (or include a WarRoom expert on your team), it is harder for the opposing party to use those formats against you. In addition, agreeing on a type of production format at the 26(f) helps contain both paper and electronic discovery costs.

If discovery is a battlefield, the Electronic Discovery Reference Model (EDRM) is the battle map. Discovery can take many different paths, but adhering to the EDRM helps you navigate the litigation minefield. EDRM best practices are good for your wallet as well as your case outcome. Following the EDRM ensures you don’t miss a discovery step that could save you time and money. For instance, processing such as filtering and de-duping defensibly reduces the total amount of data to review, making it easier to assess the responsive data and reducing the likelihood of accidentally turning over privileged information. Defensible discovery is essential for your litigation success.

For Want of a Lit Support Provider, the War Was Lost

Surrender is not an option. Don’t wave the white flag because you lack the right software or equipment for your discovery, be it data collection or document production. Whether you need help deciding on the best tool for your eDiscovery, or you are drowning in stacks of paper crying out for tabs, binders, and Bates stamping, we are your complete litigation support provider.

Our quality team is ready to support you in the document review trenches. We offer cost-effective online document management and review solutions as well as technical support. In war, technology can provide a decisive edge, so don’t get left behind. Our eDiscovery software products allow you to obtain the facts of your case faster. Easy searches bring more responsive data to your fingertips in less time. This leaves you more time to devote to the actual information and strategies you will employ.

While it’s true that most documents are born electronically, it is sometimes still necessary to print them. As you may have already discovered, many legal documents are a nightmare to print, either because they are so large or because they need to be properly organized and bound to be useful. We provide high-volume litigation printing, copying and document scanning. If you need a job scanned, bound, tabbed, OCRed or TIFFed, 24/7, with no mistakes, it has to be WarRoom. We hand-deliver the documents you need, when you need them.

We are here to meet your every paper and electronic discovery need, at any point in your litigation life cycle. Whatever your discovery requirements, it is imperative that you have access to the right resources and well trained troops all at the lowest possible price point for victory. Drawn out discovery may cripple the opposing party. Don’t let it weaken you. Call 855-WAR-ROOM to marshal your special forces.

SaaS Up Your Data Collection

Posted on February 14, 2013 by Chris Bell

Back in the early days of eDiscovery, collecting Electronically Stored Information (ESI) from computers in a defensible manner could be quite costly. Forensic technicians charged $500/hour, and often traveled to many different locations to harvest the responsive data.

In 2013, on-site collections for electronic evidence aren’t usually necessary. A Software as a Service (SaaS) data collection bypasses expensive specialists and travel costs. Cloud collection pulls data remotely in a sound and defensible manner for a much more affordable price.

Preserve your data integrity

Simply by copying or moving a file, you can alter crucial information. Increasingly, courts are expecting unaltered electronic evidence to be produced. SaaS data collection prevents inadvertent file alteration. Avoid spoliation claims, sanctions, and adverse judgments with forensically sound remote data collection.

In addition to lowering your risk of benchslaps, remote data collection allows filtering by file types. SaaS filtration and de-duping in the collection stage of your discovery project defensibly decreases the cost and size of your eDiscovery work. Filtering also minimizes your risk of accidentally producing privileged information.

The right tool for the eDiscovery job

Cloud data collection takes some of the pressure off your IT department. SaaS means there is no installation, administration or maintenance of software or hardware adding to the IT workload. Also, while your internal IT department does an excellent job of meeting your company’s technology needs, collection in compliance with Justice Department practices is most likely outside the scope of their expertise.

Just as your IT department probably doesn’t know much about defensible data collection, IT backup programs weren’t designed to defensibly collect evidence. Employing backup technologies to collect your data is like using a slotted spoon to ladle soup – it takes forever and much of the data remains uncollected. A cloud-based eDiscovery collection tool provides time- and cost-efficient results.

Conducting a SaaS collection doesn’t require a degree in computer science. A data collection software wizard guides you through the process. It’s easier than a mail merge!

Anywhere, anytime, any device

Cloud equals convenience. A SaaS collection tool pulls data from laptops, desktops, servers, network shares, virtual machines and cloud servers. Collections can be performed at any time from anywhere in the world.

You have complete control over your data collection. Although your data custodian has the option of suggesting responsive files, you and your legal team make the ultimate decision about what data is pulled. Perform collections from any device with a web-browser. If you have a minute on the train, check your collection status from your smart phone or tablet.

Your data collection is accessible to you and your team by any device, but not to anyone else. We understand that your confidential information must remain just that. Your data is encrypted and stored in tamper evident containers. You can further increase your security by choosing strong passwords, changing them frequently, and disabling wireless and Bluetooth when not in use.

So, go ahead, miss the Nineties because music was better and retirement funds were flush. But don’t cling to outdated and expensive data collection methods. Maximize cost savings, time savings and your productivity with SaaS collection.

Call us at 1-855-WAR-ROOM to find out which cloud data collection method best meets your needs.

WarRoom Document Solutions Launches New Website

Posted on January 7, 2013 by Chris Bell

FOR IMMEDIATE RELEASE
Boston, MA – WarRoom Document Solutions, a complete litigation support provider, announced today the launch of its new website, with exciting features that allow customers to better connect with WarRoom.

The new design is part of the company’s efforts to demystify the eDiscovery process and to provide full-service litigation support. Attractive artwork guides the customer through the litigation process and shows how WarRoom can assist at every step of the way, from data collection to production.

The new blog answers frequently asked customer questions, provides company updates, and discusses litigation news. A calendar showcases exciting local and national industry events. Links to social media make it easy to follow WarRoom on LinkedIn, Twitter, Facebook, and Google+. The 1-855-WarRoom number on the Home page automatically dials WarRoom, when clicked by customers on mobile devices.

About WarRoom Document Solutions

WarRoom Document Solutions is currently headquartered in Boston, MA, where we opened in 1999. In 2001, our Providence, RI location was opened and supported by the legal community with open arms. Between these strategically positioned locations, WarRoom is able to offer a level of service and turnaround time that is second to none.

Our Electronic Discovery department is efficient in processing sizeable projects locally for a faster more reliable turnaround.

WarRoom’s experience in supporting the legal process gives our clients the resources they need to succeed. From data collection, production and review, to courtroom presentation, we utilize the most current legal technologies available.

Whether you have a small color reproduction, or a litigation hold to be implemented with data collection, filtering, processing and hosting for review; WarRoom is here for you.

###

If you’d like more information about this topic, or to schedule an interview with Chris Bell or Chris Cavin, the owners of WarRoom Document Solutions, please call Catherine Cerasuolo at 1-855-WarRoom.

Invest in Litigation Readiness

Posted on January 7, 2013 by Chris Bell

The digital universe doubles every two years, according to a December 2012 report from International Data Corporation. Companies are legally responsible for the growing Electronically Stored Information (ESI) created during business operations. In the event of a lawsuit, your business must be able to find and produce case relevant information.

Adopting an eDiscovery tool, either on your system or as a Software as a Service (SaaS), prepares your company for potential litigation and provides you with an edge at the earliest stages of your lawsuit.

One of the most expensive parts of litigation is identifying the relevant evidence in the massive amounts of stored data, and pulling that evidence from electronic storage without reducing or destroying it. A recent controversial Forbes article claimed that the cost to process, review, cull and produce a single gigabyte of data exceeds $7,000, but defensible eDiscovery doesn’t have to be so expensive. Choosing the right tool dramatically lowers costs, without sacrificing quality.

Leverage Technology to Reduce Costs

A rigorous analytics program is essential to discovering all evidence. Although there has been a lot of buzz about predictive coding, it has some disadvantages, including the risk of revealing privileged data and the over-production of non-relevant data. While simple keyword searching may not be sufficient to meet your discovery needs, a tool that employs concept clustering and one-click-entity searching will give you comprehensive, defensible results.

Your ideal software should be easy to use, so time isn’t lost learning a complicated system. Customized access levels keep team members on task and ensure document security. Cross browser compatibility allows easy access on all devices, maximizing your efficiency.

Having an eDiscovery tool in place before the 26(f) “meet and confer” session of your lawsuit gives you an advantage over your opponent, because you will already have a good understanding of your discoverable data. To maximize the benefits of a well-prepared 26(f) conference, make sure a member of your negotiation team understands the nuances of various data formats. Don’t go into a 26(f) session blind.

While eDiscovery software has many benefits, it should not be confused with do-it-yourself discovery. Implementing the right technology early enough in your litigation lifecycle significantly lowers cost, partially by cutting down on the amount of data the legal team must evaluate. However, the software cannot actually perform the review. Only a lawyer can review evidence.

Take Control of Your eDiscovery

Producing your own native files using eDiscovery software (as opposed to ordering them from a litigation support team) can save you $300/gigabyte. Every case is different, but if your production is 10, 15, or even 20 gigs, that’s a sizable savings. In addition to reducing costs, the right eDiscovery tool allows you greater control over your own productions. Prep a production for downloading, and decide what metadata is released.

Don’t worry that you’re on your own if you decide to implement an eDiscovery software solution. WarRoom Document Solutions offers hosting, training and support in all of our software products, and our Boston and Providence litigation support teams provide whatever additional customized services you require, at any point in your case, regardless of whether you are using our software. Both our software products and our service are flexible; we adapt to your needs.

Put our 19 years of industry experience to work for you; let us help you become litigation ready. Decrease your cost and risk of sanctions while increasing your chances for a favorable outcome. For advice about which software would best meet your regulatory and business requirements, call us at 1-855-WarRoom.