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Press Releases
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Visit eClaris at ILTA Conference 2010 |
eClaris will be exhibiting at ILTA Conference 2010. Come stop by
and visit us in Booth 935; email service@eclaris.com to schedule a
private demo. ILTA Conference is one of the most important legal technology
events of the year. The show runs from August 22-26 in Las Vegas, NV. Click here for more information on this conference.
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24 August 2010 |
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ILTA Electronic Discovery Lecture |
eClaris will be presenting its popular Spotlight on Electronic Discovery seminar to the ILTA Charlotte Chapter. The event will occur on July 28, 2010 from 12-1:30pm EST. To join or for more information please see http://www.iltanet.org/MainMenuCategory/Meetings/RegionalEvents/REG_CHAR_062810_2439.aspx
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28 July 2010 |
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Clark County Bar Association Colloquium |
eClaris will team up with 8th Judicial District Court Discovery Commissioner Bonnie Bulla to present an upcoming eDiscovery program. The event will take place on 7/14/10 at the Clark County Bar Association offices in Las Vegas, NV. Topics to be discussed include applicable eDiscovery law, best practices and common challenges. Click here for more on what should be an exciting and engaging event.
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14 July 2010 |
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ALSP Document Production Webinar |
eClaris to moderate the June ALSP webinar on Best Practices and
Real Wold Applications for Document Production. The speakers, which
include an eDiscovery Counsel and a Technology Partner, will discuss
current regulations, effective guidelines and best practices critical
to effectively process, review and ultimately produce the right data.
For more information on the June 17, 2010 webinar please click here for the Association of
Litigation Professionals website.
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10 June 2010 |
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Legal Tech West Coast 2010 |
eClaris will be exhibiting at Legal Tech West Coast 2010. Come stop by and visit us in Booth 320; email service@eclaris.com to schedule a private demo. Legal Tech is one of the most important legal technology events of the year. Click here for more information on this conference.
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13 May 2010 |
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ABA EDDE Practitioners' Workshop |
eClaris will be participating in the First Annual ABA Electronic Discovery and Digital Evidence Practitioners' Workshop. This one-of-a-kind practitioners' workshop provides in-depth and
hands-on education for in-house and retained counsel who are involved
in (or who expect to become involved in) litigation that includes
electronic discovery and digital evidence. Click here for more on this workshop.
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13 May 2010 |
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Eye on eDiscovery Spring Newsletter |
Our Spring Eye on eDiscovery eNewsletter is now out. Learn about eDiscovery project management, read eClaris' new backup tape capabilities, view an eDiscovery cartoon and more by clicking here.
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30 April 2010 |
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eClaris to Speak at CABL Conference |
eClaris has been selected to present at the upcoming California
Association of Black Lawyers' Conference. The annual meeting will take
place at the Emeryville Hilton Garden Inn
from April 23-25, 2010. eClaris will present its popular "Spotlight on
Electronic Discovery" seminar on April 23 from 10-11:30am. CLE credit
is available. To register please visit the California Black Lawyers
Association website here.
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08 April 2010 |
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Legal IT Professionals Interview |
eClaris Founder and President Jacques Nack Ngue, CISA was recently interviewed by Legal IT Professionals. Jacques talks about
what sets eClaris apart, challenges
in the current eDiscovery market, the ever-increasing amount of stored
data and what can be expected in the near future.
The "Ten Minutes" interview series can be heard here and is also available as a podcast on
iTunes. To subscribe, go to the iTunes store and search for "Legal IT
Professionals".
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15 March 2010 |
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Interactive eDiscovery Workshop |
eClaris announces a new interactive 3-Part eDiscovery Workshop with LAPA’s Litigation Section. The hands-on workshops will occur on March 13, March 27 and April 24 at Maria's Italian Kitchen in Downtown Los Angeles with each session qualifying for 2.0 hours of MCLE credit. 8:00 – 9:00a.m. Registration, Networking & Breakfast | 9:00 – 11:15a.m. Workshop.
What will be covered?
Session 1: Preparing For eDiscovery: An introduction to eDiscovery, including early considerations, project management, identifying custodians, locating where ESI is located, preserving information to be produced, ethical considerations and more.
Session 2: What To Do During eDuscovery: Computer forensics and processing data collections; preservation and chain of custody concerns, and other behind-the-scenes information on how to process, review and produce ESI, including working with load files. There will also be a discussion on drafting effective eDiscovery documentation, i.e., protective orders, objections and joint defense agreements.
Session 3: What To Do After eDiscovery: Creating and maintaining discovery logs; presenting exhibits, transcripts and expert reports at trial; risk and ethical issues; sanctions and spoliation; working with colleagues & consultants; planning & budgeting.
For additional information, please email service@eclaris.com or call (866) 626-LAPA
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22 February 2010 |
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WLALA 2010 Litigators Forum Panelist |
eClaris has been selected as a panelist at this year's Women Lawyers of Los Angeles Litigators Forum which will take place on 3/15/10 at LACBA. Senior Consultant Sheryl Katz, Esq., EnCE, will appear on the second panel, which focuses on how technology is shaping the practice of litigators, with Hon. Stephen E. Haberfeld (Ret.),
JAMS and Daniel Garrie, Esq., ARC. Some of the issues discussed will include the California Electronic Discovery Act, ethical implications triggered by the Act and technological advancements. MCLE credit will be available. For more information please visit http://www.wlala.org/cde.cfm?event=299538 or email service@eclaris.com
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08 February 2010 |
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Nevada Justice eDiscovery Trial Academy |
eClaris has been selected as a panelist at an upcoming Nevada Justice Association event that will focus on how to prepare for litigation that involves
electronic evidence. eClaris personnel will impart practical strategies, review
risk management protocols, and provide best practices for conducting
Electronic Discovery by covering applicable state and federal law and the
process itself. This Nevada Justice Association Trial Academy will take place on 2/25/10 in Las Vegas, NV. For more information about this event and to register please log on to http://www.nevadajustice.org/NV/index.cfm?event=showAppPage&pg=events&eventsAction=eventsDetail&eventid=2620
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06 February 2010 |
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ARMA Central Coast General Meeting |
eClaris will be present an Electronic Discovery seminar specifically designed for record managers at an upcoming ARMA Central Coast event. The presentation will take place on 2/16/10 in Oxnard, CA. For more information please email service@eclaris.com
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08 January 2010 |
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Los Angeles Business Journal Profile |
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04 January 2010 |
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2010 Central California CLE Day |
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04 January 2010 |
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San Diego Women in eDiscovery Event |
eClaris Senior eDiscovery Consultant Sheryl Katz, Esq., EnCE will be speaking at the January meeting of the Women in eDiscovery San Diego chapter. The meeting will take place at 1/28/10 from 12-1pm in downtown San Diego; CLE credit will be provided. Sheryl will be discussing the logistics of forensic collections. For more infomation or to rsvp please email service@eclaris.com
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02 January 2010 |
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Lawyers USA Interviews eClaris Founder |
eClaris' newly released software as a service (SaaS) eDiscovery platform was unveiled by Jacques Nack Ngue, CISA, Founder and President of eClaris, in a recent interview with Lawyers USA. Nack Ngue focused on how the platform enables attorneys on a case to process, review and produce data found in
discovery for opposing counsel on time and on budget. Security is based on SSL technology and data stored on the SaaS
application can only be accessed through a personalized PIN number that
only the attorney will possess. To read more about Nack Ngue's conversation with Lawyers USA -- entitled "eDiscovery in the clouds" -- visit http://www.dolanmedia.com/view.cfm?recID=547625
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09 December 2009 |
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New eClaris Senior eDiscovery Consultant |
Former Litigation
Support Manager and Industry Veteran, Jeff Steve, Boosts eClaris’ Internal Electronic
Discovery Expertise
eClaris, Inc.today announced the addition of
Jeff Steve to its eDiscovery team. Steve
joins eClaris as a Senior eDiscovery Consultant in its Los Angeles office and
has 18 years of experience in litigation technology. Litigation support managers will benefit
directly from Steve’s seasoned experience helping AmLaw 200 law firms and
Fortune 500 companies effectively manage the discovery of electronically stored
information.
As Senior eDiscovery Consultant, Steve is responsible for the growth and
service of eClaris' network of customers and partners. He will promote the
company's consulting and data management practices while providing essential
input in shaping eClaris’ strategy in the eDiscovery marketplace. In Steve,
litigation support personnel now have one of their own who understands their
challenges and knows how to drive down the costs and risks associated with
eDiscovery.
Prior to joining eClaris Steve worked extensively in litigation technology,
most recently as West Coast Litigation Support Analyst at Seyfath Shaw. In that capacity Steve consulted attorneys,
staff and clients on current eDiscovery litigation technologies, project
management and cost analysis. Steve was
also responsible for helping to design and implement firmwide support and
infrastructure and managing vendors.
Before Seyfarth Shaw Steve contributed to Sedgwick Detert Moran & Arnold
in Los Angeles as Litigation Support Manager.
He was charged with setting up the firm-wide litigation support
infrastructure and creating a Litigation Support Group of analysts. As a member of the IT department, Steve helped
design the network infrastructure to implement all of the litigation support
applications that the firm adopted.
Steve has also acted as a private consultant for various law firms
helping to set up electronic litigation support systems for review, production
and trial support.
“Jeff has a strong background in litigation and discovery that will serve
our clientele, particularly litigation support managers, quite well as they
leverage eClaris to manage their case load.
His litigation experience, technology expertise and eDiscovery acumen will
be instrumental to eClaris’ success in broadening its reach and market share,”
said Jacques Nack Ngue, CISA, Founder and President of eClaris, Inc. “We are
delighted to welcome him to our team.”
"I am thrilled to develop and implement eClaris' new business
development efforts and believe that my familiarity with this industry will
indeed benefit our customer base," said Steve upon accepting the position.
"In particular, I look forward to maximizing our innovative technologies
and our consulting expertise to meet the evolving needs of our clients."
Steve is an active member of the Association of Litigation Support Professionals.
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28 October 2009 |
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Colorado Electronic Discovery Summit |
eClaris is pleased to be attending the 3rd annual eDiscovery Summit organized by the COALSP. The symposium will take place on October 30, 2009 at the Grand Hyatt Hotel in Denver, Colorado. eClaris looks forward to participating in this exciting educational seminar on electronic discovery and evidence with its dynamic set of speakers which include leading judges, attorneys and litigation support personnel. To schedule a time to meet with eClaris at this conference please email service@eclaris.com and for more on the Colorado Association of Litigation Support Professionals eDiscovery Summit see http://www.coalsm.org/Ediscovery_Summit_2009.html
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28 October 2009 |
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New eClaris Senior eDiscovery Consultant |
Seasoned Litigator, Sheryl Katz, to Lead eClaris' Continued Growth in Electronic Discovery and Computer Forensic Markets
Los Angeles, CA ( PRWEB)
September 23, 2009 -- eClaris, an innovative eDiscovery consulting firm
and service provider, today announced the addition of Sheryl Katz to
its Computer Forensics and Electronic Discovery team. Katz joins
eClaris as a Senior eDiscovery Consultant in its Los Angeles office.
She has 30 years of combined experience in the legal and technology
arenas and brings a potent blend of eDiscovery and computer forensics
expertise to the company. This unique background allows Katz to provide
essential input in shaping eClaris' strategy in the eDiscovery and
computer forensic marketplace.
As Senior eDiscovery Consultant, Katz is responsible for the growth and
service of eClaris' customer base. She will promote the company's
consulting and data management practices. eClaris' clients now have an
excellent resource with legal and technical knowledge to bridge the gap
between the law and technology.
Before joining eClaris, Katz practiced law in Washington DC and Los
Angeles for thirty years in the government and large law firms, most
recently as a Partner in Graham and James. In her practice, she
represented clients in many large matters and worked on significant
discovery projects as part of large litigation matters. For several
years thereafter she was the General Counsel of 101communications, LLC,
a technology publishing company and additionally served as its Chief
Information Officer for three years.
"I am excited to lead and develop eClaris' new business development
efforts, bringing it to even greater heights," said Katz upon accepting
the position. "I look forward to leveraging our leading-edge
technologies and our consulting experience to meet the evolving needs
of our clients."
"Sheryl possesses a unique mix of legal and technology expertise,
strong leadership capabilities and proven history of growing
businesses. She will be instrumental to eClaris' success in expanding
its reach and market share." said Jacques Nack Ngue, Founder and
President of eClaris, Inc. "We are extremely pleased to welcome Sheryl
to our team."
Katz has had over 350 hours of training in computer forensics and is
completing the requirements of the EnCase Certified Examiner program
which certifies the use of Guidance Software's respected EnCase
computer forensic software. In addition she has earned the Microsoft
Certified Systems Engineer (MCSE) and Certification in Computer
Compliance and eDiscovery (GIAC-GLEG) certifications.
About eClaris
eClaris is a dynamic eDiscovery consultancy and service provider
dedicated to helping law firms and corporations classify, process and
review® electronically stored information. eClaris combines superior
legal expertise with the latest in scalable technology to provide
clients with cost effective, accurate and accessible data in a timely
fashion. For more information, visit www.eclaris.com or call 213.623.1620.
Safe Harbor
This news release contains forward-looking statements, including but
not limited to, those that refer to eClaris' future development plans
or operating results. Actual results could differ materially from those
anticipated due to risk factors that include, but are not limited to,
lack of timely development of products and services; lack of market
acceptance of products, services and technologies; inadequate capital;
adverse government regulations; competition; breach of contract;
inability to earn revenue or profits; dependence on key individuals;
dependence on outside parties for sales, customer support, and/or
customer retention; inability to obtain or protect intellectual
property rights; inability to obtain listing for the companies'
securities; lower sales and higher operating costs than expected;
technological obsolescence of the company's products; litigation;
limited operating history and risks inherent in the eClaris' markets
and business. The forward-looking statements in this press release
represent eClaris' current views as of the dates of individual pages,
and eClaris may disclaim any obligation to update these forward-looking
statements.
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23 September 2009 |
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DOCUMENT Strategy Forum |
eClaris Founder and President, Jacuqes Nack Ngue, CISA, Selected to Present Coveted Electronic
Discovery Lecture on October 6
Los
Angeles, Calif. — September 14, 2009 — eClaris, an innovative
eDiscovery consultancy and service provider, today announced that its Founder
and President, Jacques Nack Ngue, CISA, will present at the October 6th Electronic
Discovery You Can Understand workshop at the popular DOCUMENT Strategy
Forum taking place at the Hyatt Regency O’Hare in Chicago. Mr. Nack Ngue
will discuss effective strategies for conducting electronic discovery,
including when the duty to preserve arises, how to evaluate electronically
stored information, reviewing for responsiveness and managing productions of
electronic data.
This year,
DOCUMENT Strategy Forum’s mission is to “educate
enterprise-users who are responsible for the Creation, Production, Delivery, Remittance, Preservation and Management of the transactional
document.” As more demands are being put on the transactional document,
it is imperative that producers’ of transactional documents stay ahead of the
curve by learning about the ramifications of electronic data. In
imparting his expertise on this subject Mr. Nack Ngue will emphasize that
electronic data no longer falls on the shoulders of one department. Rather, it
requires company-wide communication and the execution of a sound policy that is
supported throughout the entire company.
Speaking invitations at DOCUMENT
Strategy Forum are reserved for company founders who have demonstrated
initiative, vision and leadership in their field. "Indeed, it is an
honor to be invited to contribute at one of the most prominent and exclusive
events geared towards the life-cycle of transactional data," said Jacques Nack
Ngue, CISA, Founder and President of eClaris. "Although change in
the legal and transactional worlds is at times gradual, there is certainly an
important and integral role to be played by electronic discovery. I look
forward to conveying my knowledge of this subject on to the attendees."
Copies of Mr. Nack Ngue’s
presentation, "Electronic Discovery You Can Understand" are available
by request by sending an email to service@eclaris.com. Key sections of the
seminar include information management, data identification and preservation,
effective document collections, data processing and review techniques and
managing data productions.
Mr. Nack Ngue has almost a decade of
experience in complex network infrastructure, database design and software
development. He has served as project manager on multi-national cases for both
AmLaw 200 law firms and Fortune 500 companies. Mr. Nack Ngue is Founder and
President for eClaris, an eDiscovery consultancy and service provider, and is a
member of the Information System Audit and Control Association.
For more information about the
conference workshop and to register, visit:
http://www.documentstrategyforum.com/index.html
About eClaris
eClaris is a dynamic eDiscovery
consultancy and service provider dedicated to helping law firms and
corporations classify, process and review® electronically stored information.
eClaris combines superior legal expertise with the latest in scalable
technology to provide clients with cost effective, accurate and accessible data
in a timely fashion. For more information, visit www.eclaris.com or call 213.623.1620.
Safe Harbor
This news release contains
forward-looking statements, including but not limited to, those that refer to
eClaris’ future development plans or operating results. Actual results could
differ materially from those anticipated due to risk factors that include, but
are not limited to, lack of timely development of products and services; lack
of market acceptance of products, services and technologies; inadequate
capital; adverse government regulations; competition; breach of contract; inability
to earn revenue or profits; dependence on key individuals; dependence on
outside parties for sales, customer support, and/or customer retention;
inability to obtain or protect intellectual property rights; inability to
obtain listing for the companies' securities; lower sales and higher operating
costs than expected; technological obsolescence of the company's products;
litigation; limited operating history and risks inherent in the eClaris’
markets and business. The forward-looking statements in this press
release represent eClaris’ current views as of the dates of individual pages,
and eClaris may disclaim any obligation to update these forward-looking
statements.
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14 September 2009 |
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eClaris to Speak at ABA GP|Solo Conference |
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06 August 2009 |
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Visit eClaris at CAALA's Las Vegas Convention |
eClaris will be attending and exhibiting at CAALA’s 27th
Annual Las Vegas Convention. The popular Consumer Attorneys Association of Los Angeles event runs from September 3rd to September 6th,
2009. eClaris will be there with
information on all our services, including eDiscovery Data Processing, Back-Up
Tapes and our groundbreaking In House Electronic Discovery Appliance. Our booth number is 103. http://www.caala.org/LO/index.cfm?event=showPage&pg=eventsannual
We look forward to seeing you there!
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06 August 2009 |
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LTN Awards - Vote for eClaris! |
The voting for the Seventh Annual 2009
Law Technology News (LTN) Awards is near!
The LTN Vendor Awards recognize
leadership in technology products and services for the legal marketplace. These
nominations are meaningful for us because winners are decided by people like
you – the individuals who actually use our products and services.
eClaris, Inc. - on account of its In
House Electronic Discovery CPR Appliance - is nominated in the following
categories:
- New Product of the Year (July ’08 –
July ’09)
- EDD Services Processing
The eClaris CPR Appliance is a robust,
mobile processing engine that interrogates data – e-mail, disks, metadata,
files, attachments, images and more – then indexes the results and provides for
immediate search throughout the case life-cycle.
This all-in-one eDiscovery platform enables clients of eClaris to
mitigate risk by enhancing their eDiscovery process to make it more intuitive
and streamlined without sacrificing quality and security.
Law firms and
corporations of any size are thus able to minimize the time and costs
associated with eDiscovery, by bringing it in-house. Connecting either to an internal client
or eClaris’ servers, the appliance allows both client and vendor to work
together on a dedicated platform. eClaris provides background support and
is ready to supply additional levels of engagement on an as needed basis.
Once
the device is quickly installed, the client chooses either a subscription or a
“pay-per-click” model, depending on the client’s eDiscovery needs. Law firms
have the option of using a method that bills their clients directly for time
spent on their particular eDiscovery.
Each appliance is able to:
Process up to 50 gigabytes of data
in less than one hour for native review
Contain up to 1TB of storage space
Provides
100% Double Byte Unicode and Multi-Language Support
Export to a wide range of image
formats and over 150,000 documents daily
Create hundreds of pages of OCR
text/hour with a best-in-class ABBYY OCR engine
Generate load files
Showcase powerful search and
filtering tools such as easy drag-and-drop file processing
Perform quick de-duplication to
save export and review time
“The appliance is an important
innovation for eDiscovery, making it more efficient, more affordable and more
available for every business and law firm, no matter what size,” said Jacques
Nack Ngue, CISA, president and founder of eClaris, Inc. “As discovery requests
become more extensive, including all types of electronic message and storage
devices, this cost-effective appliance will help level the litigation playing
field involving document-intensive cases.”
You must be a Law Technology News (LTN)
subscriber for your vote to count. Voting begins on September 14, 2009 and closes
on November, 2009 and can be done online at http://www.lawtechnews.com/r5/showkiosk.asp?listing_id=3161056
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25 July 2009 |
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New Data Processing Flat Fee Pricing Models |
eClaris Offers New Electronic Discovery Flat Fee Pricing For
Data Processing
eClaris has introduced a grouping of new data processing flat
fee rates that supplement their current standard pricing options. The new
pricing models enable clients to implement an eDiscovery solution that does not
require a major monetary expenditure or sequenced payment commitment. The new pricing
models enable clients to proactively consider their eDiscovery needs up front and
supplies patrons with multiple avenues to supervise eDiscovery challenges both swiftly
and affordably.
eClaris’ new pricing models are geared most prominently towards helping
law firms, corporations, government, service providers and consultants, along with
litigation support professionals with native data processing. Depending on the specific package selected
links to native files, output to database format, OCR, TIFF or PDF processing
and de-duplication may be included. All
selections allow for online review to be applied and offer the option for added
discount based upon volume.
Above all, these cost efficient, new rate options are aimed at
making the procurement of eDiscovery services effortless and trouble-free for
all. To highlight this transparency,
clients will now view and evaluate compressed and uncompressed data processing
rates. eClaris’ compressed file pricing applies to file algorithms such as ZIP, RAR or NSF formats which
are popular within spreadsheet management systems and database applications for
their minimization. By contrast, eClaris’
uncompressed file rates apply to all other data file formats that may need to
be expanded or restored back to its original size and format. Access
to compressed and uncompressed pricing enables clients of eClaris to better allocate litigation costs as they navigate through
today’s ever challenging and changing litigation climate.
"In the present economy, organizations are constantly seeking
new and innovative ways to responsibly stretch their eDiscovery dollars further
than ever," says Jacques Nack Ngue, CISA, Founder and Lead eDiscovery
Specialist at eClaris, Inc. "The eClaris flat fee pricing plans for data
processing were conceived with precisely those concerns in mind and will enable law firms, businesses and governmental
entities to better scope, assess, manage and compare the monetary costs
associated with their eDiscovery.”
Cost savings aside, eClaris’ flat fee pricing may also
assist eDiscovery decision-makers in their electronic discovery project
projecting. Having access to quantifiable flat fee rates can serve as an
instrumental tool when creating and completing documentation such as Request
for Proposals (RFPs) and Statement of Work (SOW) that can be utilized when monitoring
and executing electronic discovery project plans.
Pricing & Availability:
For additional information on the pricing models and
availability of eClaris’ eDiscovery solutions, please contact Michael Swarz.
Michael can be reached at mswarz@eclaris.com or by phone at 213-840-7109.
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30 June 2009 |
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I Have a Backup Tape, Now What? |
In the age of electronics, backup tapes have become a necessity. Backup tapes allow you to electronically record daily activity done within a business. eClaris’ Backup Tape Extraction Services can provide a safer and quicker method of locating electronically stored information (“ESI”). According to an EMC Online article “most organizations are only just waking up to the fact that among the deluge of day-to-day emails, are some that constitute important business records. These emails need to be recorded and retained as such.” This is why backup tapes have become such a necessity in day to day business activity.
eClaris is now offering our Backup Tape Extraction Services. With this service, reviewing the information of backup tapes has never been easier. A few of the features are:
Extract and review files and emails from tape without the use of the backup software.
Full text and metadata indexing of unstructured files and email.
All access and modified dates/times are kept intact.
Easy “Internet like” search query tools to find all relevant files and email.
Dynamic de-duplication query capability returns only unique files when searching.
This service allows for an easy, hassle-free way to retrieve vital data.
With the majority of information being transmitted electronically, Backup Tape Extraction Services have become a necessity in the modern business world. The Backup Tape Extraction Services that eClaris has to offer is the solution to the problems that many companies now face.
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14 May 2009 |
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Bring Electronic Discovery In-House |
In the age of electronic discovery, being ahead of the game is always key. Here at eClaris, we are offering just that with our Electronic Discovery Appliance. This Appliance gives the client the ability to process data in-house, from a few kilobytes of information to thousands of gigabytes.
According to an article on Yahoo News, “new survey findings indicating that while organizations cite information as their highest business priority in 2009, less than half of business decision-makers have a high confidence level in the quality and accessibility of information within their organizations.” This is why our Appliance is such a valuable tool for businesses.
A few of the features that the In-House Electronic Discovery Appliance has to offer are: native review of information, processing up to 50GB per hour, foreign language support, flexible search and filtering options, easy drag-and-drop file processing and so much more.
The In-House Electronic Discovery Appliance offers in-house processing and review of emails, disks, metadata, images, and so much more. Now, you will be able to do them all from inside the comfort of your own office. The eClaris team will be there to offer support and training as needed.
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14 May 2009 |
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Designing Properly Crafted Electronic Searches |
Lawyers are now on notice that
inadequate and “haphazard” keyword searches for relevant electronic
stored information are no longer acceptable, write Paul, Weiss, Rifkind,
Wharton & Garrison litigation partners H. Christopher Boehning and
Daniel J. Toal in this week’s New York Law Journal, “Wake-Up Call
on Slipshod Search Terms,” http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202430262330.
In William A. Gross Constr.
Assocs. Inc. v. American Mfrs. Mut. Ins. Co., U.S. Magistrate Andrew
J. Peck of the Southern District of New York “appealed for keyword
formulations based on careful thought, quality control, testing and
cooperation.” That case involved a situation in which one party’s
search terms were too narrow while the other’s terms were too broad.
Both parties failed to compromise. As a result, Judge Peck was forced
to design a methodology “without sufficient input from the parties
or the relevant custodian.” He was not pleased with what he acknowledged
was a less than perfect result.
So what does Judge Peck consider
an adequate keyword methodology? He gives four requirements. First and
foremost, opposing counsel must cooperate. Second, lawyers must carefully
design keywords. Third, the custodian of the ESI should participate
in the keyword selection process. Finally, the technique should be validated
or pass through a quality control process to ensure it is not overinclusive,
underinclusive or allow privileged information to be disclosed.
Pe | | | |