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E-discovery: Saving your company money with predictive coding and cooperation

Innovative technologies won’t save you money if you don’t cooperate with opposing counsel

Document review is often the most time-consuming and costly aspect of litigation. The traditional, linear (manual) review model can result in your organization paying law firms and contract attorneys millions of dollars to review large volumes of documents, often under strict time constraints. In your struggle to reconcile declining profits with increased litigation expense, innovative technologies like predictive coding can significantly reduce your company’s document production expense. Predictive coding’s success in mitigating discovery costs, however, hinges on the involvement of, and cooperation with, plaintiffs’ counsel.

Predictive coding arguably is the marquee e-discovery topic of 2012. The reason for the widespread interest in the technology is clear: despite advances in e-discovery, document review is still expensive, time consuming and fraught with risk and coding inconsistencies. The volume of electronically stored information (ESI) continues to balloon. According to one information technology research firm, unstructured data are growing exponentially at nearly 62 percent per year, with 1.2 zettabytes of digital information created in 2010 alone. Predictive coding can help your organization undertake a more efficient and accurate review of what can be hundreds of millions of documents in any given litigation.

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James Freebery

James J. Freebery is a trial lawyer and partner in the Wilmington, DE office of law firm McCarter & English LLP, where he focuses...

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Makenzie Windfelder

Makenzie Windfelder is an associate in McCarter’s Product Liability group in Wilmington, DE. As a member of the firm’s E-Discovery Committee, she has considerable...

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