What is Data Analytics for eDiscovery?

Data Analytics for eDiscovery is an ongoing, pressing need for government legal departments. To clarify common misinterpretations, Data Analytics is the science of analyzing raw data to make conclusions about that information. In turn, that analysis helps legal departments optimize performance efficiently because of strategically guided decisions.

To gain a strategic edge when managing data driven litigation, especially complicated matters, it’s critical to deliver cost-savings, return on investment and help hold defendants to account – regardless of whether matters are handled in-house or with a strategic partner.  

Strategic Management & Analysis of Data Discovery

The important legal work of government offices can be buttressed by a trusted advisor who helps with the strategic management and analysis of data discovery.  Looking beyond the obvious and mastering the data will drive consequential results in consumer protection, civil litigation, antitrust, employment and tobacco enforcement actions. 

“A wise person proportions his beliefs to the evidence.” – David Hume. 

A defendant will negotiate sooner – and for higher amounts – upon realizing a legal department’s enhanced data analysis sophistication. Most discovery companies, and some law firms, only offer software or basic eDiscovery services to perform core functions at a premium cost, while assuming that eDiscovery is only comprised of only (5) core disciplines:

• Document collection
• Preservation
• Hosting
• Document Review
• Production

Data Analytics eDiscovery is Unique

Successfully shepherding an investigation – in any data-driven consumer or civil matter – requires a tactical data analytics eDiscovery partner who collaborates with clients to minimize costs and maximize recoveries as quickly as possible. This can be achieved by rapidly streamlining complex and voluminous datasets that often are otherwise difficult to collect or analyze, and gaining a full understanding of all available datasets, while not limiting analyses to only standard email messages and documents.

A true data analytics expert will: 

• Provide insight on the data to support a winning litigation strategy
• Conduct custodian interviews and marshal impactful data
• Process to suit any number of review platforms
• Triangulate various data sets and analyze the results
• Provide gap analysis on what the other side failed to produce
• Function as a strategic partner adapting to a changing litigation environment

While all cases do not specifically require collaborating with a data analytics eDiscovery partner, it is important to have those eDiscovery services comprehensively procured in advance. Once completed, a government agency can confidently move forward when the need arises without delays to protect the integrity of forthcoming investigations.

How to Ensure Success When Working With a 3^rd Party eDiscovery Partner

When exploring potential eDiscovery partners to conduct data analytics projects, it’s paramount they possess the following core attributes across (2) areas of expertise:

Affirmative Discovery

• Help legal departments tell their stories based on the data
• Quickly streamline complex, voluminous datasets that are difficult to collect or analyze
• Uncover the indisputable proof or find the “needle in the haystack” data
• Triangulate data to prove a point or develop themes and arguments
• Maximize recoveries by gaining a full understanding of all available datasets – not limiting analyses to standard email messages and documents

Defensive Discovery

• Centralize the legal hold process 
• Assess a government’s discovery burden early – thereby giving government counsel a strategic advantage in discovery hearings or meet and confer conferences
• Save time and money by:
  • Preventing the over-collection or duplication of data
  • Early in the process efficiently understand which custodians are most knowledgeable about issues and have relevant records
• Avoid spoliation claims
• Provide peace of mind that a state’s obligations are being thoroughly and defensibly managed

Free Up Valuable Legal Resources with a Strategic Data Analytics Partner

In short – it’s essential to free up valuable legal resources (in-house or when using outside counsel), thereby enabling attorneys to focus on case strategy. Most successful government investigations utilize a strategic data analytics partner who conducts eDiscovery differently, better and cost-effectively.

As a subsidiary of parent company Celerity, Celerity Discovery provides advanced eDiscovery, data analysis, expert witness and incident response services to law firms, corporations and government agencies seeking to optimize complex matter results. Blending extensive experience managing matters across all phases of the EDRM (Electronic Discovery Reference Model), Celerity Discovery helps clients convert raw data into clean intelligence to optimize cases and mitigate risk.

With deep roots in complex data analysis, Celerity Discovery legal services practitioners are proven experts in providing clients with advanced solutions from forensics to final production, expert testimony and beyond. 

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About the Author

Joe Sciarrotta, Vice President, Celerity Discovery

Joe Sciarrotta joins Celerity with extensive experience in the public and private sectors. Immediately prior to Celerity, Joe was General Counsel at Sustainability Partners, LLC, an infrastructure investment company, handling the company’s legal matters.  Before that, Joe commenced a successful public sector career. He became General Counsel to the Arizona Department of Administration and Chair of the Governor’s Regulatory Review Council. Joe then served as General Counsel to the Arizona governor. During his tenure in the Governor’s Office, he assisted in legal, policy, and legislative matters and directed high-profile litigation cases in state and federal courts, including the United States Supreme Court.

After serving as a Maricopa County Superior Court judge, Joe joined the Arizona Attorney General’s Office as Deputy Division Chief Counsel of the State Government Division. Thereafter, the Attorney General promoted him to Division Chief Counsel of the Civil Litigation Division where he managed and directed historic results in the Consumer Protection, Civil Rights, Tobacco Enforcement, and Collection sections. He also managed the Community Outreach section.

Joe began his career in the private sector with the law firm Fennemore Craig. Subsequently, he became in-house counsel to Fortune 500 companies Cendant Corporation (n/k/a Wyndham Worldwide), Allied Waste Industries, Inc. (n/k/a Republic Services, Inc.), and Meritage Homes Corporation. In these roles, he handled litigation and compliance dockets in excess of a billion dollars and strategized with senior management, as well as corporate and field personnel, regarding business transactions and developing company initiatives.

Joe earned his juris doctor degree graduating Order of the Coif from Vanderbilt University School of Law and was Chief Justice of the Vanderbilt Moot Court Board. He received his bachelor’s degree in political science from the University of Michigan, graduating Phi Beta Kappa and with High Honors.