Kutak Rock LLP

In its ongoing effort to provide high-quality legal services to its clients, while at the same time reducing costs associated with eDiscovery, Kutak Rock sought out the latest technology-assisted review (TAR) software to accelerate its document review workflow by reducing the data volumes needing to be reviewed prior to a production. After testing many products, Kutak Rock chose to partner with OpenText™ and to utilize its Insight document review platform, which is a cloud-based eDiscovery platform that integrates data processing, multi-modal search, early case assessment, advanced analytics, including TAR based on a continuous active learning algorithm, multi-language review, production and reporting.

Robin E. Stewart, Kutak Rock partner and head of the firm’s eDiscovery practice, explained, “My priority was to find the best tools available to speed up the document review process because it’s no secret that litigation discovery is the most expensive part of litigating. My goal is to eliminate as much of the litigation costs as possible, while still meeting discovery obligations and providing highquality legal service to our valued clients.”

Designed to tackle the most complex projects, Insight helps Kutak Rock’s legal teams speed through the review of huge data sets, eliminating the need to look at every document. “We use OpenText Insight primarily to conduct document review. Our need to review documents is often due to a client being involved in a litigation matter, but can be in response to a non-party subpoena, or any other matter that requires us to quickly identify the relevant documents from the non-relevant documents. When we pair artificial intelligence technology with a quality review team, we are able to forego the need to lay eyes on every single document in order to identify all responsive documents,” Stewart said.

Insight’s automated review tools have saved time and money for both the firm and its clients. “The more we can cut down on what we need to review, the more efficient that will be for our clients and the less costly it will be for them,” explained Stewart.

The technology-assisted review solution has also helped Kutak Rock improve the quality of its review results. Insight lowers the risk of missing relevant documents from the stream of reviewed data. Stewart explained that using Insight is more efficient than linear human review. “When humans are reviewing documents, each reviewer brings their own subjective analysis into the process when determining relevancy. Whether a reviewer codes a document as relevant or non-relevant may depend on the day, as some of these decisions are not always clear cut,” said Stewart.

“You can encounter a lot of mistakes when you have multiple reviewers reviewing large volumes of data with a wide range of subjective thought processes. By removing some of the subjectivity involved in a document review project and replacing it with computer intelligence, the overall review will go more quickly and be more accurate.”

An additional benefit of the solution is OpenText Managed Review services, which combines document review services, machine learning expertise, and pioneering proprietary TAR 2.0 technology to drive even greater efficiency and reduce the firm’s workload. “By partnering with OpenText, it has allowed our attorneys to provide cutting-edge legal services at a fraction of the cost. Utilizing the OpenText continuous active learning technology, in addition to their talented document review team, allows us to save client financial resources by quickly and more accurately identifying responsive documents,” Stewart said.

“For example, instead of reviewing every document, which is done in a traditional linear review, we often engage the OpenText contract review team to assist with first-level review using the OpenText continuous active learning technology while Kutak Rock attorneys serve in a supervisory and quality control role. This approach is beneficial for multiple reasons, including that the OpenText resources are very familiar with the Insight platform and how to defensibly use their TAR technology and staffing a document review with well-trained contract attorneys at much lower rates than traditional law firm associate rates means a significant cost savings to clients without sacrificing quality. Combining the advanced tools of the Insight solution with the value of Managed Review services gives Kutak Rock an edge on the competition. “I cannot imagine handling a large document review project without utilizing the latest and greatest cutting-edge technology. I do think OpenText Insight provides us with a competitive advantage,” Stewart said.

“Not many firms are using technology-assisted review.”

As changing technology continues to influence the legal landscape, Stewart is excited for the future and looks forward to a continued partnership with OpenText. “OpenText is a key partner of Kutak Rock. I work with them every single day. They have allowed my firm to provide high-quality, cutting-edge legal services at a fraction of the cost. I have often heard from attorneys at other firms that they want to conduct a linear document review using their firm associates because it means more revenue to the firm. I take a different approach. I believe that when Kutak Rock proves to its clients that it can do a better job at a lower cost than most other attorneys, those clients will hire Kutak Rock many times over to handle their legal needs.”