Photo of Ethan A. Hastert

Ethan has experience in areas including complex commercial litigation, internal investigations, and electronic discovery. He is a member of Mayer Brown's Electronic Discovery & Information Governance practice and represents companies in the chemical and pharmaceutical industries and other companies in the design and implementation of electronic discovery programs, including policies and procedures for efficiently and defensibly preserving electronically stored information.

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Many IBOR remediation projects raise a basic question: How do you find, collect, review, and remediate the right contracts? A company might have thousands of contracts that need to be repapered, and those contracts might be scattered throughout electronic file systems and hardcopy records.

Fortunately, litigators have spent the past few decades wrestling with very similar questions, which crop up in the discovery process in any large-scale modern litigation. As the number of discoverable electronic documents exploded over time, litigators began developing sophisticated processes for finding, collecting, and reviewing them so that they could be produced to opposing counsel or used at trial. Those time-tested e-discovery techniques can be applied to IBOR remediation projects.


Continue Reading e-Discovery and IBOR Remediation: Similar Techniques, Different Goals

As everyone knows by now, with the demise of LIBOR and other IBORs, insurance companies, banks, and a wide range of other financial institutions are faced with identifying, reviewing, and remediating all active contracts that reference an IBOR rate. Many that have begun this process are learning that the process is much less daunting if those instruments are centralized in a digital contract management tool.

Continue Reading IBOR: A New Frontier for Digital Contract Management

Artificial intelligence (“AI”) isn’t just a buzzword for eDiscovery practitioners. It’s been a part of their standard toolset for a decade now, starting with early “predictive coding” tools. eDiscovery now supports a robust, mature selection of technology-assisted review (“TAR”) AI technologies, with Continuous Active Learning being the most widely adopted. eDiscovery Practitioners thus have direct experience with the benefits (and limitations) of AI. Much of this experience can be leveraged to help businesses in IBOR transition projects.

 
Continue Reading TAR Tools Have Some Explaining to Do