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White Papers


  • Complete Discovery Management: Life Sciences

    NightOwl has a long history of leadership and experience providing discovery management services to the life sciences sector. Working directly with many global medical device and pharmaceutical companies for over 25 years, NightOwl is an expert on bet-the-company litigation matters and large-scale regulatory investigations. Through this experience, we have developed customized life sciences industry specific workflows that help to streamline the unique needs of this sector. NightOwl accelerates case initiation, collection, filtering and review through deep understanding of life sciences data topography and through the use of advanced text analytics tools. This case study involves a recent matter and NightOwl’s approach to comprehensive discovery management.

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  • Best Practices for Handling Audio Files in Discovery

    For legal counsel tasked with managing electronically stored information (ESI) in their companies, the growing push to include audio files as part of the universe of discoverable data is causing both trepidation and concern.

    According to the Sedona Conference, “Electronically stored information includes email, web pages, word processing files, audio and video files [emphasis added], images, computer databases, and virtually anything that is stored on a
    computing device–including but not limited to servers, desktops, laptops, cell phones, hard drives, flash drives, PDAs and MP3 players.”

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  • International eDiscovery and the EU-US Privacy Shield

    After a recent EU Court decision invalidated the Safe Harbor protections for transferring data from the EU to the U.S., hundreds of companies were left scrambling to decipher what that means for future cross-border discovery efforts.

    Some companies are using the EU’s so-called “Standard Contractual Clauses” (also known as model clauses) in their legal language in an effort to safely continue data transfer out of the EU. Others plan to rely on the protections of the newly designed “Safe Harbor 2.0” arrangement, now known as the EU-US Privacy Shield.

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  • Reduce Costs, Save Time and Gain Efficiencies by Preserving Discovery and Document Review Work

    For most companies, managing the spiraling cost and security of data subjected to litigation, regulatory requests and investigations has become a critical business issue.

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  • Best Practices for Managing ESI on Mobile Devices

    In an increasing number of cases, corporations are finding that relevant ESI located on those personal mobile devices may ultimately prove to be discoverable evidence in a litigation event.

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  • Information the New Gold: Securing Your Valuable IP in Patent Litigation

    The threat environment is extremely fast-moving. In 2014, we saw data security go from niche IT issues to boardroom priority. This year, data security has gone mainstream. In the first few weeks of 2015, cybersecurity became part of the U.S. president's State of the Union address and the plot of a big-budget film.

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  • Technology Assisted Review: Using Analytics and Predictive Coding While Maintaining Integrity in the Discovery Process

    Has the computer finally replaced the lawyer? Certainly not. While technology is playing an increasingly important role in discovery, it has not, and never will, replace the vitally important role of the lawyer.

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  • Avoiding an Information Crisis

    Information Governance is the topic “du jour” in many circles of the electronic discovery world. Corporations and law firms are increasingly creating roles to address those needs and issues; yet defining Information Governance is not so simple. This white paper focuses on a specific aspect of Information Governance – the defensible disposition of data.

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  • Seed Sets: The Disclosure Debate

    Increasing awareness and acceptance of technology-assisted review (TAR) in discovery—propelled most notably by Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182, 186-87 (S.D.N.Y. Feb. 24, 2012)—has unleashed a spirited debate focused on the degree to which the disclosure of TAR workflows/methods used in discovery is necessary or appropriate...

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  • The Evolution of Data Migration

    In today’s corporate environment, in-house legal teams are rapidly creating and allocating exponential amounts of information. While the fluidity with which they exchange ideas is essential, the records in which those ideas appear are becoming more complex. As organizations routinely share that data with outside support, i.e., a law firm or a legal vendor, or...

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Complete Discovery Management: Life Sciences


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Best Practices for Handling Audio Files in Discovery


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International eDiscovery and the EU-US Privacy Shield


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Reduce Costs, Save Time and Gain Efficiencies by Preserving Discovery and Document Review Work


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Best Practices for Managing ESI on Mobile Devices


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Information the New Gold: Securing Your Valuable IP in Patent Litigation


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Technology Assisted Review: Using Analytics and Predictive Coding While Maintaining Integrity in the Discovery Process


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Avoiding an Information Crisis


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Seed Sets: The Disclosure Debate


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The Evolution of Data Migration


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