Chan-Glasgow contributes to international eDiscovery book

Candice Chan-Glasgow, Director, Review Services and Counsel, has contributed to the Canada chapter of the 2nd edition of International E-Discovery, A Global Handbook of Law and Technology.

Published by Globe Law and Business in association with Legalink, the second edition of International E-Discovery, provides an analysis from across the globe of the different approaches to, and cutting-edge techniques in the use of, digital evidence in legal and regulatory contexts.

Leading technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organizational requirements.… Read More

eDiscovery Preparedness – Data Processing

Candice Chan-Glasgow

Director, Review Services and Counsel

July 16, 2021

After potentially relevant electronically stored information (ESI) has been identified, preserved, and collected, it must be processed. Processing is converting the ESI to a usable format for review and analysis. Before processing the ESI, agreement should be obtained on processing specifications. Many processing decisions are common, and agreement on these issues is generally non-contentious.

One primary decision is how you will deduplicate the data. This is important due to the volumes of duplicate records that are typical for any enterprise. Deduplication will reduce the volume of documents that will need to be hosted in a review platform and ultimately reviewed for relevance. … Read More

eDiscovery Preparedness – Discovery Planning

Candice Chan-Glasgow

Director, Review Services and Counsel

June 22, 2021

Previous blog posts have discussed document management systems and provided some tips that can be implemented prior to a dispute or investigation, such as the creation of a Data Map at the outset of an eDiscovery project. This article focuses on discovery planning and agreements with opposing parties on the scope and nature of the eDiscovery process and exchange of data. During this phase, the parties and respective counsel must work with their document management systems used and the data that is available from all relevant sources.

Discovery planning allows parties to discuss and obtain disclosure of information needed to identify any document issues early in the process. … Read More

eDiscovery Preparedness – Document Management Systems

Candice Chan-Glasgow, Director, Review Services and Counsel

June 8, 2021

An initial step for any business entity looking to proactively manage costs through the eDiscovery process is to re-examine its document management system (DMS).

A DMS is a system used to store, manage, and track electronic documents. The general benefits of an effective DMS have been touted for years – a DMS offers enhanced security and employees spend less time searching for information while losing less time to versioning issues. While these are all important considerations, a crucial perspective that is often overlooked is the eDiscovery aspect.… Read More

Federal Government Redaction Blunder Makes Headlines

Candice Chan-Glasgow, Director, Review Services and Counsel

March 15, 2021

A recent CBC news article highlights the Federal Government’s failure to properly redact sensitive information. This follows some high profile redaction failures south of the border, most notably when Paul Manafort’s lawyers failed to properly redact sensitive and damaging information in documents filed with the Federal Court.

Proper redaction tools and workflows should be used to ensure privileged or sensitive information is appropriately redacted. As a gentle reminder, The Federation of Law Societies of Canada amended its Model Code of Professional Conduct in October 2019 to include commentary on technological competence:

[4A] To maintain the required level of competence, a lawyer should develop an understanding of, and ability to use, technology relevant to the nature and area of the lawyer’s practice and responsibilities. … Read More