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Capital Novus
Governance | Compliance | E-Discovery
Governance | Compliance | E-Discovery


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General Data Protection Regulation Compliance - EU

Holistic Enterprise Level Data Governance for GDPR Compliance

Organizations that have strong fundamentals and derive their strength from integrity and transparency can generate a solid sense of trust from the customers for the company. With several digital and technological advancements happening in today’s world, organizations need to swiftly adapt to these changes to stay competitive. Organizations are evolving away from their traditional style to adopt a more agile and digitally optimal approach to capture and store data.

In today’s information-driven economy, it is essential to efficiently utilize and safeguard your information as it is a vital asset in itself. With quintillions of megabytes of data generated every year containing information about user’s personal, financial, and health aspects, the organizations must rely on established risk mitigation and security systems to manage this information.

Personal Identifiable Information (PII) proliferation has increased tremendously as well as the ways to collect it with the advent of new technologies and devices. With a steep rise in personal data generation and the evergrowing risk of incidents has led to formulation of new regulation like GDPR for personal data protection.

What is GDPR?
The exponential spread of PII has led to governments and regulators to create new regulations to ensure protection of personal data and mitigate risks. The landmark regulation on data privacy protection related to PII is GDPR which will be implemented from May 25, 2018.

General Data Protection Regulation (GDPR) aims to synchronize data protection policies pertaining to personal information across all the member states of European Union (EU). This regulation will give greater flexibility and control to EU citizens to protect their data and streamline the data protection process by having a consistent and synchronized regulation throughout EU. Non-compliance with provisions made in the regulation will attract a fine of 4% of global turnover or 20 million euros, whichever is higher.
Prominent Provisions in GDPR for Data Protection:
Consent of data subjects for doing data processing

In GDPR, it is clearly stated that a clear affirmative action or statement is required from the data subject to give consent for data processing.

Data anonymisation to ensure data privacy
Identification of any person by any organization will be made difficult with data anonymization.

Data breach notifications to maintain data integrity
Any data breach incident must be notified to supervisor authority through a notification within 72 hours of organization getting aware of it.

Cross border data transfer protocol
GDPR allows cross border personal data transfer only if responsible organization follows a strict regulatory compliance policy.

Data protection officer appointment for strict adherence to compliance
Appointment of a Data Protection Officer (DPO) to ensure comprehensive compliance with its rules and regulations.

The Right to Erasure and Data Portability
Under the right to erasure, the user can ask to delete or remove the personal data which an organisation is holding on them. While data portability makes sure that personal data be provided to data subject by the controllers in commonly used format.

Privacy Impact Assessment
To mitigate the risks associated with violation of date protection laws after data processing is done, the privacy impact assessment should be done in nascent stages.
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“Practice” Makes Perfect: Predictive Coding (TAR) Consistency Merits

Legal teams preparing for predictive coding or Technology Assisted Review (TAR) seek solutions to increase the likelihood of accuracy in the artificially intelligent coding. The resulting accuracy depends upon the accuracy and consistency of the review of sample documents used by the system for the automatic document profiling. Subsequent sample reviews may be required if the initial review does not produce good preliminary test results, thereby increasing the number of documents to review and the time to completion of the final coding process.

Capital Novus provides technology in eZSuite’s eZReview to mitigate inconsistency in coding and to enable CN’s ADP TAR Predictive Coding technology to generate the best results possible. Like the two players who beat a computer at chess in 2005 by combining human intellect with computer processing, eZReview provides tools to allow the human reviewer to do the parts that they do best and the computer to do the parts that technology does best.

eZReview provides text file size searching that can identify files with no text to eliminate documents that do not have the text required for the analysis of the predictive coding algorithms. These documents can be pictures, images, or other media files. They can be system files or auto-generated emails that are sent out to the mass public. The removal of these documents from sample sets eliminates the opportunity for skewed results based on documents that are not conducive to analysis.

This technology works best with a small team of expert reviewers assigned to the review to minimize disparate calls on similar documents and increase the likelihood of consistent coding. Ensuring that the same 2-3 experts review the initial control sample and the training samples yields best results in this environment.

System algorithms require the team to review based purely on document content. The document body and key metadata values function as the review sources. Factors such as family members, email thread leafs, or related documentation should not be considered when making the sample coding decisions.

Following the review of the control and training sample sets, the final system checkpoint includes eZReview’s ADP Conflict Decision Reporting. Dynamic reports provide comparisons and hyperlinks to address conflicting coding decisions between similar documents. Reports provide conflicting coding designation identification for exact and near duplicates. #eDiscovery #eDiscoverySoftware #eDiscoverySoftwareCompany
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Experienced eDiscovery counsel, team leaders, and project managers can name with off the cuff fluidity domains that should be omitted from virtually all eDiscovery matters. The repetitive exercise of filtering unnecessary electronically stored information [ESI] from data collections has become a standard for these veterans. In addition to the known irrelevant domains, like weekly ESPN feeds and Blue Mountain e-cards, these eDiscovery professionals use various approaches for identifying other email domains for wholesale removal from their ESI population before beginning the process of review. Spam removal from ESI can also improve the relevancy ratio for an ESI data set in any litigation. Some eDiscovery technology solutions provide domain analytics tools that can facilitate the management of email documents for review based on their respective communication domain terminals.

Capital Novus takes a unique approach to domain analytics by providing reviewers with a quick overview of the domains in the data set in a fashion that conveys who communicated with whom trailing corresponding frequency information.

The Capital Novus’s eZVUE and eZReview modules of eZSuite integrate domain analytics tools for analyzing large PST content for e-discovery review filtering. Domain analytics present content in a format for easy identification of weekly newsfeed, recurring junk sources and privileged emails from ESI. The eZVUE domain analytics contain a listserv of over 250 potentially privileged domains that can prompt culling exercises or creating a review set of privilege emails. The ability to categorize large sets of non-responsive and privileged information through domain filtering can save time, facilitate compliance with e-discovery budgets, and promote review efficiency.
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The Value of Quantitative Process Management

Process management is generally understood. It is the standardization of a series of tasks to provide consistent and repeatable results. Quantitative process management (QPM) takes this a step further to manage the expected performance of processes. For attorneys, this means improving the results of legal cases while reporting cost-effectiveness.

Highly effective process management starts with a powerful project management system. In a growing number of legal departments, attorneys are finding great value implementing standard processes and procedures. Utilizing effective project management software, these departments share standard procedures, best practices and proven techniques to manage work uniformly across cases.

This technical requirement provides a shared platform for stakeholders to effectively communicate, plan and share information for improved decision making. It frames the standard processes so that quantitative analysis and incremental process improvement are possible.
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“Begin with the end in mind”

--Steven Covey

A litigation privilege log generally contains information that can be extracted from the matter’s document review and production database. The preparation of a privilege log outside of the database is counterproductive, because it requires redundant entry of data that has been captured and normalized. Discovery document metadata and coded attorney work-product can be exported in a spreadsheet format for a privilege log.

Metadata can be used to populate the log entries for items such as:

Bates No./Range
Attachment Range
Document Type
Document Description / Subject Matter
Document Date
Number of Pages

Document review work product can be included in the exported log from responsiveness classifications, privilege designation and privilege description fields such as:

Responsive Category
Privilege Claimed (Attorney Work Product / Attorney Client Communications)
Privilege Description

Legal teams typically use one of three approaches to leverage the discovery database investment for the development of a privilege log. #eDiscovery #DatabaseServices
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Transferring an #eDiscovery Matter - Mergers, acquisitions, takeovers, divestitures, counsel changes, technology advancements, eDiscovery vendor closures and startups represent common occurrences in the course of complex litigation which can last for years. Cases settle and close then subsequent matters involving the same data surface.
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Capital Novus, with the help of its innovative and integrated technologies, delivers the complete range of Information #Management and #eDiscovery products. Our technology is available through #Software as a Service (SaaS), #Infrastructure as a Service (IaaS), On-Premise Licensing and service partners backed by 24X7 expert engineering support and in-depth training.
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“Think like a queen. A queen is not afraid to fail. Failure is another stepping stone to greatness.” – Oprah Winfrey #WomensDay #HappyWomensDay #CapitalNovus #eDiscoveySolutions #nayaEdge #Cryptacomm
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Litigation document productions involving electronically stored information frequently begin with a very lengthy set of specifications that determine what metadata elements need to be produced, what type of renditions of the electronic files should be included, and details of ancillary reports that must accompany the production load files.
Did We Get Everything?
Did We Get Everything?
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Those who work in the legal community practice the daily art of minimizing risk while pursuing the associated reward, particularly in eDiscovery. Analytics and Technology Assisted Review (TAR) tools provide a controlled and seemingly defensible opportunity to enhance performance in this regard. However, what types of things have the ability to slip through the cracks in the generalized handling of eDiscovery?
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