- Will data reusability enable US Government agency collaboration?
In a Bloomberg BNA quote [see: http://www.steptoe.com/news-2306.html], Ken Ewing, a Partner of the Lawfirm Steptoe & Johnson, highlights a trend of interagency cooperation in addressing competitive misdoings.
“DOJ has lots of experience teaming up with other agencies like the Securities and Exchange Commission and Department of Defense to identify and prosecute antitrust and fraud and has been training agencies involved in procurement for several years. Expect to see an uptick in such training and referrals to DOJ.”
Under these collaborative conditions, attorneys might expect that documents produced to one agency can be used by another in the preparation of their case. Consistency in handling follow up actions will be very important. Corporations seeking methods for data reusability to reduce e-discovery costs, may find an expectation of the same from Federal entities. As federal agencies conduct follow-up investigations, an expectation of speedy productions of previously produced content seems reasonable. For counsel to be prepared for this type of cooperative interagency environment, every effort should be made to thoroughly and consistently track review designations for documents that have been reviewed or coded using Technology Assisted Review (TAR). Further, early case assessment repositories should be considered for extended retention in preparation to quickly address documents omitted from review in former matters as later matters evolve.
For tips on closing out a matter in anticipation of follow-up investigations, see: http://www.capitalnovus.com/resources/blog/241-transferring-an-ediscovery-matter.