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Daticon EED Reduces Risk of Inadvertent Productions of Privileged Documents for Law Firms

Daticon EED introduces new business-rules technology for document production in its Discovery Partner review platform.

KIRKLAND, Wash. — September 30, 2008 — Daticon EED (EED), a leading international provider of eDiscovery services, today announced the availability of Production Rules Manager in its Discovery Partner platform, a new approach to identifying and queuing reviewed documents into production to opposing parties. This new capability minimizes the manual efforts involved, increases the speed and consistency of document production services and reduces the risk of inadvertent production of privileged materials.

Discovery Partner is the first platform in the industry to employ rules-based software to automate the protection and management of privileged documents during production. The item-level coding capability of privileged documents in Discovery Partner creates thousands of possible combinations for how any individual item can be produced, and Production Rules Manager provides greater control and management for protecting privileged and confidential documents.

With the Evidence Rule 502 to the Federal Rules of Evidence newly signed into law, and with recent judicial guidance and decisions in the Vioxx and Victor Stanley cases respectively, avoiding the production of privileged documents is of particular concern to law firms involved in federal litigation. These firms often struggle to simultaneously manage complex processes, meet shifting court deadlines and protect high-value privileged documents.

"eDiscovery is an involved process that presents thousands of opportunities for human error that could lead to privileged documents being inadvertently produced," said Dave McCann, CEO and president of Daticon EED, Inc. "In light of the newly enacted Evidence Rule 502 and the best-drafted claw-back agreement, there is no certainty that privilege can be preserved in the event that materials are inadvertently produced."

"We used direct feedback from more than a dozen law firms and corporations and the lessons from a careful study of over 250 cases in developing our Production Rules Manager," McCann continued. "Based on that input, we created a system that, early in the review process, eliminates many of the downstream risks related to inadvertent disclosure that are often found in competing eDiscovery platforms. This powerful new functionality is part of an ongoing, comprehensive Daticon EED services and technology initiative to provide the highest quality of service for document productions during the tight timeframes often negotiated by opposing parties or imposed by governmental investigators."

The Production Rules Manager is a part of Daticon EED's Discovery Partner hosted review platform, which significantly reduces the time needed for law firms and corporate counsel to complete large-scale document reviews while also supporting their logical workflow processes through a variety of user-friendly features.

"One of the key determinations for invoking the safe harbor of Evidence Rule 502 is that the disclosing party took reasonable steps to prevent disclosure," said Jeff Jacobs, senior consultant at Daticon EED, Inc. "As a former litigation assistant general counsel, I saw that many vendors relied on manual quality control processes alone to assign documents into particular production groups with different output specifications. Regularly occurring last-minute changes and shifting deadlines decrease the effectiveness of manual quality controls and create the opportunity to damage a case. The automation provided by Production Rules Manager is, in my 20-plus years of litigation experience, a breakthrough approach."

About Daticon Electronic Evidence Discovery
Daticon EED is the pioneer of litigation hosting technology and electronic discovery services. For more than a decade, we have reduced the cost and time required for eDiscovery in more than one thousand complex and high-risk cases. Our eDiscovery experts, who come from law firms, corporations, and the technology industry, understand the complexity and risk involved in evidence management for both large and small cases. Our clients — 60 percent of the Fortune 500 and 45 percent of the NLJ 250 — value our unmatched expertise, thought leadership and results. Through integration of our proven methodology, people and tools, Daticon EED delivers results that meet and surpass clients' expectations. Daticon EED is headquartered in Kirkland, WA with regional operations in Southern California, Chicago, New York, Washington, DC, and London.  For more information visit http://www.daticon-eed.com.

"EED" and "Discovery Partner" are registered trademarks of Daticon EED References to other companies and their products use trademarks owned by the respective companies and are for reference purposes only.

Media Contacts:
Ken Sokol
Daticon EED
425-629-6777


Chris Warfield
Sterling Communications, Inc.
206-388-5758
cwarfield@sterlingpr.com

 

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