Computerized E-Discovery Document Review is Accurate and Defensible

In order to analyze the reasons that Lehman Brothers failed in September 2008, Jenner & Block mined the company’s electronically stored information (ESI) containing an estimated three petabytes of data—roughly of 350 billion pages of documents—for relevant issues. That’s 150 times more than all the information in the Library of Congress.

The law firm used electronic review technology to pare down the huge collection. Still, the bill for the page-by-page linear (manual) review of the remaining 40 million pages by 70 contract attorneys at rates averaging $50 per hour came to nearly $6 million, according to Robert Byman, a partner at Jenner. Sifting through all the ESI at the same rates without the initial computer-aided review would have cost a staggering $52.5 billion.

Linear review remains one of the most time-consuming and costly parts of e-discovery. A project consisting of 500 gigabytes of data reviewed by 40 reviewers making 100 document decisions per hour and working 10 hours per day at a rate of $60 per hour may take two months and cost more than $1 million, according to LexisNexis Applied Discovery.

Jack Halprin, vice president of e-discovery and compliance at systems provider Autonomy, claims that computer-aided review can save 75 to 90 percent over similar review done manually.

Nevertheless, many lawyers accustomed to linear review think of it as the “gold standard,” convinced an attorney’s eyes will identify relevant documents and sort out privileged material that a computer will miss. But a recent study reveals that the gold standard is a bit tarnished.

via Computerized E-Discovery Document Review is Accurate and Defensible.

S.E.C. Looks for Lehman-Style Accounting on Wall St. – NYTimes.com

The Securities and Exchange Commission said on Monday it had started an inquiry into about two dozen financial companies to determine whether they followed accounting practices similar to those recently disclosed in an investigation of Lehman Brothers.

The commission is interested in transactions known as repurchase agreements, which are a common way that investment banks provide funds for trading activities. The commission wants to know whether other Wall Street players used tactics like those that Lehman used to mask their debt levels from investors.

The commission announced that it had sent inquiry letters but did not list the companies they were sent to. The inquiry comes as part of the S.E.C.’s duties to review financial filings of public companies. Any red flags in the answers will be forwarded to the S.E.C.’s enforcement unit, which has the power to bring charges.

Since Lehman was accused of using a transaction known as Repo 105 in 2008 to hide about $50 billion in debt, analysts have said there should be a widespread inquiry of accounting on Wall Street before the financial crisis.

“There were a multitude of games that were going on in accounting,” said Janet Tavakoli, president of Tavakoli Structured Finance. “It’s good the S.E.C. is looking at Repo 105, but it obviously leads to other questions.”

via S.E.C. Looks for Lehman-Style Accounting on Wall St. – NYTimes.com.

Lehman to Judge: Make the Examiner’s Report Public Law.com

Lehman Brothers and its lawyers at Weil, Gotshal & Manges sent a clear message this week to the judge hearing Lehman’s bankruptcy case: Make public the full report about Lehman’s demise. In a motion filed Monday by Wei’s Harvey Miller, Lehman says it has cooperated fully with the special examiner investigating the bank's failure and has turned over more than 20 million pages of e-mail.

The examiner in the case, Jenner & Block chairman Anton Valukas, was given full subpoena power to investigate Lehman's epic fall, as previously reported in this space. Issues of particular interest include whether Barclays got a sweetheart deal when it purchased Lehman’s North American operations days after Lehman filed for bankruptcy; how Lehman shifted billions from unit to unit hours before its bankruptcy filing; and whether JPMorgan Chase acted appropriately as Lehman’s main lender, according to Bloomberg and our prior reporting.

via Law.com – Lehman to Judge: Make the Examiner’s Report Public.