In conversations with prospects and clients this week, managed review was the hot topic of the day. Interestingly, however, the nature of those conversations was about the versatility that lawyers, information technology professionals, and compliance officers see in managed review.
For many people, managed review is about the linear review of documents to determine the responsiveness or non-responsiveness of a particular set of documents. For others, managed review is about the experts needed to manage technology assisted review, computer active learning and other analytical solutions. Both of these solutions, however, are still both in the realm of litigation document review with the goal to identify documents for production to an opposing party.
However, what about the other uses of managed review? The project managers of managed review are experts in parsing information, understanding the needs of the client and then managing a group of contract reviewers (“reviewers”) that can quickly identify a concept within a set of documents. This expertise translates successfully across multiple types of challenges that corporations face. So, let us look at a few of these challenges.
With the advent of GDPR, corporations are developing proactive solutions to monitor network data and secure individuals’ personal data. During the document classification phase of monitoring, reviewers can review document sample sets to see what types of personal information exist within the population to enhance the technological searching and indexing. If an enforcement event occurs, reviewers can review the documents that are in question to determine violation of GDPR articles. Reviewers are also experts at redacting personal information; they can redact this information from documents that reside in a required public domain.
Even though the United States does not have the same strictness yet of the GDPR, Personally Identifiable Information (PII) and Payment Card Industry Data Security Standard (PCI DSS or PCI for short) require corporations to ensure that individuals do not disseminate this information. Reviewers can identify, redact, and secure this data, prior to distribution. Reviewers are also excellent at identifying other personal information, such as employee identification, driver license information, or unique corporate identifiers.
Cybersecurity is also a hot topic today. Moreover, once a breach happens, reviewers can review potentially accessed documents to determine released information, customer disclosure requirements, and define classifications for these documents. Because of their expertise in reviewing documents quickly, reviewers allow corporations to meet the time requirements for disclosure, but with proper information about the extent of the breach.
Finally, insurance companies handle tons of claims a year and claims management can be a challenge, especially with the Health Insurance Portability and Accountability Act (HIPAA) requirements and the above-mentioned PII and PCI requirements. Reviewers can review, identify, redact and classify these claims and provide insight on trends, concerns and other matters.
While these are only a few of the ways to utilize managed review, the possibilities are endless. If you have a challenge that requires the review of documents with tight deadlines or detail-oriented work that requires an eye towards conceptual or theme identification, reviewers are extremely astute at handling this work. Therefore, the next time you are trying to think of ways to solve a challenge, think outside of the box, and realize the reviewers may provide part of that answer.
Written by Todd M. Haley, Vice President, Strategic Solutions, eTERA Consulting. Todd can be reached at firstname.lastname@example.org.