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Preparing Temporary Attorneys For An Online Repository Review

By R. Jason Straight and Jennifer Camden

With the deadline for a proposed merger fast approaching, a large technology company began the process of securing regulatory approval from the Federal Trade Commission (FTC). The company, under a tight production timeframe, was faced with producing documents to the FTC in only a few weeks. The FTC had requested data from 150 key custodians ' which totaled a document universe of more than 120 million e-mail and file pages. After collecting, filtering and processing the data with the assistance of an electronic evidence expert, the company was faced with the prospect of reviewing about 21 million pages of potentially responsive data. To complete the review in the allotted time, the company determined that it needed to hire and train a large team of temporary and contract attorneys, who would work under the supervision of outside counsel, to review the documents in an online document repository.

This scenario is faced routinely today by in-house and outside counsel called on to train a team of attorneys in relation to a regulatory investigation or litigation. Training large document-review teams to consistently apply specified review criteria to millions of pages of often mind-numbingly dull documents has long been a challenge for counsel. The time- and cost-savings offered by online review tools, along with the enhanced automated quality control features of such tools, have made electronic review an increasingly compelling option for large-scale, time-pressured document reviews. While electronic-document review projects have become more common in the last few years, setting up the project and training attorneys in preparation for review remains challenging.

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