Over 20 Years as Trusted Ediscovery Advisors

Prism Litigation is featured in the May 2020 edition of the Association of Corporate Counsel magazine - read the article, "Winning Proportionality Arguments," by clicking below.

READ THE ARTICLE

We are a consulting firm staffed with legal and technical personnel, offering expert advisory services, emerging technology platforms and workflow automation to leverage the principles of proportionality throughout a matter's lifecycle.

EXPERT ADVISORY SERVICES

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Evolving rules and procedures governing litigation require well-planned discovery and ESI protocols that optimize Rule 26 proportionality factors and minimize discovery objections. Assigning an experienced liaison in a central role reduces inefficiencies, mitigates expense, and reduces the necessity of judicial intervention. Prism’s experts offer this service through both court-appointed selection, as well as engagement by specific parties.

EDISCOVERY LIASION
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Bringing multiple and often adverse parties to a common understanding takes expertise and finesse. Based on years of experience participating in the meet and confer process, our goal is to work with clients to develop protocols and workflows that maximize efficiencies, while aligning to opposing counsel requests and court requirements.

MEET AND CONFER
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Two decades of experience crafting defensible discovery strategies and managing disputes between parties provides Prism unique expertise in this area. Our experts provide guidance relating to the development of a proportional discovery plan that aligns with the claims and defenses. Our team also provides expert opinions and testimony relating to ediscovery issues that are in dispute.

DISCOVERY STRATEGY AND DISPUTES
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Crafting a well-designed survey that gathers critical information related to the claims and defenses allows for better analysis downstream. Coupled with our legal hold expertise, Prism’s Evidence Optix® platform provides a vehicle to facilitate early analysis of survey responses and subsequent custodian interviews.

CUSTODIAN INTERVIEW ADMINISTRATION
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The first step to an early proportionality mindset is to quickly release custodians who are not relevant and rank others according to their relevancy to the claims and defenses. This early method of ranking can greatly reduce the overall legal hold obligation downstream. Prism’s Evidence Optix® platform provides an easy-to-use method for custodian relevancy ranking.

CUSTODIAN RELEVANCY RANKING
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Not all data sources are created equal—some are more difficult to collect than others, often containing duplicative or irrelevant content. Custodial and non-custodial data sources should be ranked according to their relevancy and burden of collection, supporting proportionality negotiations, such as sampling or cost-shifting. Prism’s Evidence Optix® platform facilitates this process.

DATA SOURCE BURDEN RANKING
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Using Prism’s Proportional Discovery Assessment® workflow, custodians and data sources are ranked according to their relevancy and burden of collection. This enables the creation of informed negotiation scenarios with real-time cost implications, providing a roadmap to right-size discovery.

COST AND COLLECTION SCENARIOS
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The investment of forethought and a structured approach to quickly locate relevant custodians and data sources result in the greatest reduction in time and costs, thereby creating a defensible, transparent process and facilitating cooperation in negotiations. Prism’s Evidence Optix® platform provides real-time cost metrics that support concrete proportionality arguments, focusing on information rather than speculation.

PROPORTIONAL DISCOVERY ASSESSMENT®

PROPORTIONAL DISCOVERY ASSESSMENT®

EDISCOVERY CONSULTING

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Legal hold issuance and administration is a fluid, on-going process that requires oversight for the duration of a case. As experts in many of the leading legal hold software platforms, our team can assist with internal deployment of the right solutions and workflows, as well as providing external on-demand support.

LEGAL HOLD
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We leverage two decades of experience, in conjunction with our proprietary technology Evidence Optix®, to help clients make informed decisions regarding the scope of discovery. From preservation to disposition, our collection tracking module provides real-time discovery management throughout the litigation life cycle.

DATA MAPPING
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Prism leverages technology capable of indexing comput­ers, network data and local email containers in place in real time. Rather than broadly collecting and processing large volumes of data, our methodologies incorporate machine learn­ing, sentiment analysis, and complex search parameters to target relevant data in place, significantly reducing costs.

INDEX IN PLACE
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Prism's team of technical experts conduct the entire preservation and collection process, managing logistics to ensure a smooth and non-intrusive deployment. By integrating sound principles with the most current and advanced technological tools, we provide a defensible, consistent approach. Our team of IT and forensic experts is well-versed in current international data protection and privacy issues and can deploy both remote and on-site collection.

PRESERVATION AND COLLECTION
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Prism’s forensic experts offer a vast depth of technical knowledge on a wide range of data types and systems. Our experience includes evaluation, drafting of expert opinions and testimony, and data remediation, with an emphasis on corporate intellectual property theft.

DATA FORENSICS
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Prism leverages technology capable of indexing comput­ers, network data and local email containers in place in real time. Locating content based on the client’s specific requirements accelerates the identification of data in relation to disposition, PII identification, and risk assessment.

DATA REMEDIATION
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By combining early insights from our patent-pending technology, Evidence Optix®, and our unique approach in defining a case narrative, Prism can optimize machine learning tools to categorize data most relevant to the case.

EARLY CASE ASSESSMENT
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Prism’s data scientists are skilled in a variety of data minimization techniques, including near-duplication identification, email thread analysis, entity recognition, and pattern matching applications. These act as a mechanism to reduce the volume of data in a defensible manner.

DATA MINIMIZATION
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Prism offers expert advice to our clients regarding vendor selection, contract negotiation, and price comparisons. In addition, our skilled consultants and technologists can provide oversight for project management and technical aspects, including processing requirements, timeline management, reporting and budgeting.

ESI
PROCESSING
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Using advanced information retrieval theory and standardized workflows, Prism can help optimize search term strategies to improve retrieval rates and increase levels of recall and precision. Leveraging a unique narrative approach, our data scientists offer an improved methodology that enriches common search terms by adding layers of linguistic and data science expertise to create a fully defensible, transparent and cogent workflow.

SEARCH OPTIMIZATION

DATA ANALYSIS AND MINIMIZATION

REVIEW ACCELERATION

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Document review is the largest and costliest component of the discovery process. Prism experts are well-versed in utilizing a variety of applications to focus attorney review on highly relevant data, as well as creating statistical testing methodologies to ensure and validate the efficacy of review results. Additionally, our consulting team can provide training, management, and productivity monitoring.

ACCELERATED REVIEW MGMT & WORKFLOWS
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The Prism team is experienced in current innovative machine-learning techniques to design and implement an effective workflow and subjective review protocol that is both understandable and defensible.

ARTIFICIAL INTELLIGENCE (TAR+)
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A strategy that combines language analytics, case narrative definition and data analytic tools to search, organize and prioritize datasets is a critical facet in a targeted review strategy. This narrative is the foundation for a comprehensive search and analytic strategy designed to significantly reduce data volume, without adversely impacting recall.

LANGUAGE AND DATA ANALYTICS
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Prism provides end to end management of your discovery workflow, including resource management and budgeting oversight. In addition to reducing costs by leveraging early proportionality, Prism’s Evidence Optix® technology provides real-time tracking relative to all ediscovery expenses, from preservation to review and production.

PRODUCTIVITY AND BUDGET OVERSIGHT

Right-size Discovery by Applying an Early Proportionality Mindset

Proportional Discovery Assessment®

Legal practitioners need a comprehensive, transparent, defensible method to make proportionality arguments. Evidence Optix® takes this from a concept to an actionable process.

IMAGINE

if a number of custodians could be released after a five-minute assessment interview.

ENVISION

those remaining being ranked according to their relevance to the case.

PICTURE

all the various data sources being scored and classified based on collection difficulty.

VISUALIZE

building assessment scenarios which organize custodians and data sources based on the claims and defenses at issue, with real-time metrics and cost estimates to support Rule 26(f) negotiation strategies.

Although discovery is designed to ensure that all parties are well-informed before trial, courts need not tolerate discovery that is inefficient, time-consuming, or ill-suited to the economics of the case. Accordingly, proportionality is an essential component of every discovery schedule.

Hon. Christopher P. Yates, 17th Circuit Court, Michigan Specialized Business Docket

The best way to avoid or ultimately defeat a proportionality challenge is to develop a discovery strategy that substantially reduces the potential for successful objections.

Hon. Craig B. Shaffer, The Burdens of Applying Proportionality, The Sedona Conference Journal, Volume 16

We believe our advanced approach to proportional preservation, early data assessment and minimization, workflow design and expert use of advanced review technologies can create a smarter and more cost-effective approach for our clients.

Mandi Ross, CEO and Managing Director

Prism’s Proportional Discovery Assessment® - A Case Study
Overall reduction of 87% in data collected

(over traditional approach of collect now and analyze later)

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Custodians

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Custodians (28%) Released

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Custodians (59%) remained under hold; limited data collected

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Custodians (13%) identified as highly relevant; data collected

ABOUT US

We are a consulting firm with a personalized approach and a practical vision, using emerging technologies and workflow automation to reduce ediscovery burdens.

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