EDD: Issues, Law, and Solutions: Wave Software’s Trident Pro Strengthens Superior Document Services’ Leadership Position in Central Virginia

Wednesday, June 4, 2008

Wave Software’s Trident Pro Strengthens Superior Document Services’ Leadership Position in Central Virginia

Central Virginia
Full service e-discovery and litigation support company helps Fortune 500 companies and legal, accounting and consulting firms manage electronic data discovery
ORLANDO, Fla. (June 4, 2008)— The partnership between Orlando-based Wave Software, an innovator in the de-duplication, regeneration, and export of native electronic data, and Superior Document Services proves to be a winning combination. Superior Document Services (SDS), the largest litigation support company in central Virginia, uses Wave Software’s Trident Pro as part of its integrated electronic data discovery service offering. Trident Pro software allows users to process files in their native file format and it can handle both Unicode and Non-Unicode data with speed and accuracy. The software, integrated with SDS’s comprehensive consulting and discovery services, provides a means for legal teams to process e-mails and e-data that are subject to attorney review to comply with discovery requests and regulatory filing requirements.

Discovery processing starts with Trident Pro’s Snapshot feature, which helps determine the size of data collections and helps identify potentially responsive data before processing begins. E-discovery projects can have up to 50 percent duplicate e-mails and e-files. Trident Pro removes duplicate files at the beginning of the process, thus reducing overall review costs for clients. The software automatically creates load-ready files for export into applications such as Concordance, Summation, Catalyst or other platforms for attorney review. Trident Pro provides comprehensive reporting and logs throughout -- details necessary to have a defensible process and to preserve chain of custody.
The combination of Wave Software’s Trident Pro and the quality-driven products and services at SDS make the partnership unequaled for processing and delivering electronic discovery and litigation support services. Trident Pro, an industry leader in processing e-mail files, such as PST and NSF, now has unparalleled support for law firm and corporate legal clients in the central Virginia region.

“E-mails are easy to create and have become the primary form of business communication today. That means the volume of electronic data associated with a discovery request could be staggering,” said Kriss Wilson, president of Superior Document Services. “This creates huge problems for law firms that do not have the in-house capability to manage and process electronic discovery data. The problem compounds when a litigation team is fighting attorney review and production deadlines. Our partnership is the perfect answer.”

With Trident Pro, e-mails can be processed and then reviewed in a standard review platform or document management system. Once the e-mails pertaining to the discovery request have been isolated, they can be delivered to opposing counsel in their native file format, a provision that complies with the fullest definition of meeting a discovery request.
“Our partnership strategy is focused on delivering state-of-the-art technology and services so that all clients can focus on practicing law. We will continue to bridge barriers that previously made it difficult for law firms and corporate legal departments to manage discovery projects. Wave Software will play an important role in helping advance e-discovery through strategic partnerships and alliances across the globe,” said Robert Childress, president of Wave Software.

For more information, visit www.discoverthewave.com or call 1-888-225-6913.

About Wave Software
Wave Software, based in Orlando, Florida, provides the fastest, most accurate de-duplication, regeneration and export of native electronic files. Wave Software’s flagship product, Trident, provides litigators in-house capability to cut down data sets to manageable amounts and then upload onto repositories for review and production. Wave Software offers software, consulting and training specialized in the legal industry.
About Superior Document Services
Founded in 1998, Superior Document Services has successfully combined state-of-the-art technology with a detail-oriented commitment to creating a high quality work product. By applying industry-specific expertise to a creative, resourceful, and highly personal business model, Superior has evolved into the largest full-service litigation support company in central Virginia. Their clients include not only Fortune 500 companies, but some of the world's leading legal, accounting, and consulting firms.
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Contacts:
Richard Clark
Vice President Business Development
Wave Software
4700 Millenia Blvd., Suite 400
Orlando, FL 32839
P: 888.225.6913
E: rick.clark@discoverthewave.com

Kriss M. Wilson
President
Superior Document Services
700 East Main St., Suite 202
Richmond, Virginia 23219
P: 804.648.2800
E: kriss@superiordocumentservices.com

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Sedona Principles 2nd ed.

1. Electronically stored information is potentially discoverable under Fed. R. Civ. P. 34 or its state equivalents. Organizations must properly preserve electronically stored information that can reasonably be anticipated to be relevant to litigation.
2. When balancing the cost, burden, and need for electronically stored information, courts and parties should apply the proportionality standard embodied in Fed. R. Civ. P. 26(b)(2)(C) and its state equivalents, which require consideration of the technological feasibility and realistic costs of preserving, retrieving, reviewing, and producing electronically stored information, as well as the nature of the litigation and the amount in controversy.
3. Parties should confer early in discovery regarding the preservation and production of electronically stored information when these matters are at issue in the litigation and seek to agree on the scope of each party’s rights and responsibilities.
4. Discovery requests for electronically stored information should be as clear as possible, while responses and objections to discovery should disclose the scope and limits of the production.
5. The obligation to preserve electronically stored information requires reasonable and good faith efforts to retain information that may be relevant to pending or threatened litigation. However, it is unreasonable to expect parties to take every conceivable step to preserve all potentially relevant electronically stored information.
6. Responding parties are best situated to evaluate the procedures, methodologies, and technologies appropriate for preserving and producing their own electronically stored information.
7. The requesting party has the burden on a motion to compel to show that the responding party’s steps to preserve and produce relevant electronically stored information were inadequate.
8. The primary source of electronically stored information for production should be active data and information. Resort to disaster recovery backup tapes and other sources of electronically stored information that are not reasonably accessible requires the requesting party to demonstrate need and relevance that outweigh the costs and burdens of retrieving and processing the electronically stored information from such sources, including the disruption of business and information management activities.
9. Absent a showing of special need and relevance, a responding party should not be required to preserve, review, or produce deleted, shadowed, fragmented, or residual electronically stored information.
10. A responding party should follow reasonable procedures to protect privileges and objections in connection with the production of electronically stored information.
11. A responding party may satisfy its good faith obligation to preserve and produce relevant electronically stored information by using electronic tools and processes, such as data sampling, searching, or the use of selection criteria, to identify data reasonably likely to contain relevant information.
12. Absent party agreement or court order specifying the form or forms of production, production should be made in the form or forms in which the information is ordinarily maintained or in a reasonably usable form, taking into account the need to produce reasonably accessible metadata that will enable the receiving party to have the same ability to access, search, and display the information as the producing party where appropriate or necessary in light of the nature of the information and the needs of the case.
13. Absent a specific objection, party agreement or court order, the reasonable costs of retrieving and reviewing electronically stored information should be borne by the responding party, unless the information sought is not reasonably available to the responding party in the ordinary course of business. If the information sought is not reasonably available to the responding party in the ordinary course of business, then, absent special circumstances, the costs of retrieving and reviewing such electronic information may be shared by or shifted to the requesting party.
14. Sanctions, including spoliation ﬁndings, should be considered by the court only if it finds that there was a clear duty to preserve, a culpable failure to preserve and produce relevant electronically stored information, and a reasonable probability that the loss of the evidence has materially prejudiced the adverse party.
Copyright © 2007 The Sedona Conference®. All Rights Reserved.
Reprinted courtesy of The Sedona Conference®.
Go to http://www.thesedonaconference.org/ to download a free copy of the complete document for your personal use only.