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Please see below for
answers to some of the questions that we frequently
receive about our services specifically and offshore
document review generally. Please e-mail us at contact.us@cobralegalsolutions.com or
call us at +1 (212) 668-0200, and we are more than
happy to answer your specific questions by e-mail or
telephone.
FAQs:
- General
- Service Offerings
- Process
- Experience
- Security/Risk
Management
- Value
- Ethics |
General:
Q. What differentiates Cobra Legal Solutions from its
competitors?
A. Three items which most clearly differentiate Cobra
from most of its competitors are:
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1. |
The
current and retired senior U.S. law firm partners
and business executives who are the investors in
the organization, of whom many are involved actively
in ensuring that the highest quality processes have
been established and are followed. Please see About
Us: Investor Group for profiles of individual
investors. |
2. |
The depth and
breadth of experience in the U.S.-trained management
based in both New York and Chennai, India. Please
see About
Us: Management Team for profiles of individual
managers. As a group, our U.S.-trained managers
and litigation support services professionals have
years of experience with large litigation at major
firms such as Willkie Farr & Gallagher, Milbank
Tweed, White & Case, Cleary Gottlieb, and Steptoe & Johnson. Our
managers have held leadership positions in major
industry associations. |
3. |
Our focus on
document review and litigation technology management
consulting services. We have hired,
trained, and organized our Indian attorney team to
excel at these functions, as well as related services
of document and deposition summaries, litigation
technology consulting, and contract database management. Our
approach is to provide excellent service on a select
range of offerings. |
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Service Offerings:
Q: What are your current service offerings?
A: Cobra provides cost-effective document review
and litigation technology management consulting services
for U.S. corporate legal departments and law firms through
our on-site/off-shore business process. Cobra has
also performed research projects, and is prepared to
discuss with you whether we can be a cost-effective resource
for your other legal-related projects.
Q: Does Cobra plan on providing any services
in addition to document review?
A: While our current effort revolves around litigation
support services, we believe that our staff is fully
capable of assisting in a wide variety of legal-related
tasks. We would be comfortable undertaking document
analysis and summarization in the corporate context,
and believe that we can provide a very cost effective
solution for contract management, among other things. We
have staff members that have experience engaging in
research, preparing first drafts of documents and other
similar projects. Before we undertake a new project,
we want to make sure we fully understand the nature
of the project to assure that we can perform up to
exacting expectations. We anticipate providing
document and deposition summaries, litigation technology
consulting, and contract database management, among
other services, in the near future. We are happy
to speak with you about how we can meet your needs.
Q: Can you explain more about your litigation
technology management consulting services?
A: Cobra can assist in managing a wide range of
discovery services where the use of litigation
technology is required. We can advise clients
on best practices and selection of appropriate
vendors. We can work directly with clients to ensure
the processes are performed in an efficient and
cost-effective manner.
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Process:
Q: How does Cobra handle very large or specialized
matters?
A: Our India-based team of 40 attorneys
can handle a variety of large, complex litigation matters. Cobra
can work with you to meet your needs for additional reviewers
for large or growing matters. We can partner with
you to provide customized training programs or to hire
additional personnel to address the unique needs of specialized
matters.
Q. How is supervision handled for offshore
review?
A. Cobra's established project management practices
enable our staff and your attorneys to oversee a document
review easily. Cobra's India-based Vice President
of Litigation directly supervises our attorneys in
India and provides regular reports and updates to our
U.S.-based Managing Director of Litigation. Cobra's
Managing Director of Litigation will partner with your
attorneys to assist in supervising the offshore review
in manner that achieves your objectives ensures compliance
with professional and ethical guidelines, including
confidentiality and privilege.
Q: With whom would I communicate during
a project?
A: We provide a high level of personal interaction
on every project. Our U.S. team members
are available during your office hours. Our Managing
Director of Litigation is available to address substantive
legal issues, and our Managing Director of Technology
handles technology issues. We can also arrange
direct access to any member of our Cobra team so that
you or any member of your staff may work directly with
our team in India as you desire.
Furthermore, technology provides
you access to your data when you need it. Web-hosted document review
platforms allow for real-time, instantaneous access
to your documents. Cobra can supplement this
access with reports detailing the progress of the entire
review as well as the progress of individual reviewers
or review folders. Depending on the software
platform employed, Cobra can provide flexible reporting
options, a variety of sorting and formatting controls,
and the ability to access the reports on-line or download
them to a spreadsheet. We can also help you leverage
tools such as an online team calendar, online bulletin
board and automated e-mails announcing changes to ensure
that everyone on the review team is informed and up-to-date.
Q: How do you resolve problems in India
quickly given the distance and time difference?
A: Our U.S. and India Management Teams communicate
frequently and regularly and are available via e-mail
and telephone. We maintain all our project-related
communications in writing, such as decision logs, change
requests and outstanding questions, to facilitate clear
communication. We employ other well-honed
project management practices to turn the time differences
from a potential disadvantage into an actual advantage.
Q: What quality assurance and control
measures does Cobra undertake?
A. Ensuring quality is our highest priority. We
engage in quality assurance measures at every stage
in a client engagement. At the outset of an engagement,
we develop a client-specific process plan to meet clients'
individual needs. We not only advise as to quality
control best practices but also can integrate our clients'
preferred quality control measures into our own. We
also conduct comprehensive initial training for our
Indian attorney team with the involvement of your attorneys,
followed by close audits of all work-product to correct
any misunderstandings or errors and to ensure quality
for the remainder of the project.
Our normal practice is to engage
in multi-tiered quality control processes throughout
the project to ensure consistency and quality in
all stages of service delivery. Our
quality control measures can include:
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"Pre-review" of
documents |
• |
Sampling |
• |
Specialized
quality control teams |
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Coding
conflicts reports |
• |
Specialized
searches |
• |
Dummy
documents |
• |
Close
monitoring by U.S.-trained lawyers led by Vice
President of Litigation in Chennai |
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We would be happy
to send you a proposed quality control work flow plan
to illustrate our standard quality control processes
and are happy to integrate your preferences and best
practices into our work.
Q: Does Cobra partner
with any contract attorney agencies in the U.S.
for purposes of sharing different components of
a review project?
A: We are happy to partner with other staffing agencies
and vendors to execute your document review project. Our
experienced team can provide consulting services as
how to put the best team together to meet your discovery
needs.
Q. Does Cobra process
data?
A. No, Cobra does not process data. However,
we have excellent relationships with many processing
vendors and will work closely with them on a project,
if needed.
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Experience:
Q. How experienced is your management
team?
A. Please see About Us: Management
Team for profiles
of the individual members of our management team. As
a group, our U.S.-trained managers and litigation support
services professionals have years of experience with
large case litigation at major firms such as Willkie
Farr & Gallagher, Milbank Tweed, White & Case,
Cleary Gottlieb, and Steptoe & Johnson.
Q. With which document review platforms
does Cobra have experience?
A. Cobra Legal Solutions's managers have experience
with the major document review platforms, including
ADI, Attenex, CaseCentral, Concordance, Documatrix,
EED, Ringtail, and Summation, among others.
Q. What is the hiring process for your
Indian attorneys?
A. Cobra Legal Solutions has implemented a comprehensive
recruitment program, designed to identify the best
candidates with outstanding reasoning skills and English
proficiency. |
• |
We test
a wide range of candidates from across India. |
• |
We test
for English proficiency, reading comprehension
capabilities, analytic reasoning skills, and
drafting abilities. |
• |
We interview
only the strongest few applicants after each
test cycle. |
• |
The Vice
President of Operations, Vice President of Litigation,
and eight senior team members conduct the final
round of individual interviews. |
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Q. From
what tier of Indian law schools do you hire?
A. Attorneys are selected from the most prestigious law
schools in India, many of whom graduated with honors. Many
of our attorneys graduates from what are recognized widely
as the country's top ten law schools (out of more than
760 law colleges).
Q. What on-going training
do you provide for your attorneys?
A. Cobra Legal Solutions has a highly interactive training
style designed to encourage a participative learning
environment in which the team can feel comfortable
asking questions and learning from one another. We
find that the best training results from a team motivated
to ask questions and a management team prepared to
answer those questions quickly and accurately. |
| Our initial training
includes a two week course inclusive of: |
• |
U.S. Federal Rules of Civil
Procedure with a focus on Discovery; |
• |
E-Discovery basics using
the EDRM Model to ensure best practices; |
• |
Litigation
software training (CaseCentral); and |
• |
Introduction
to U.S. legal research and writing (Bluebook,
citations, sources, and style). |
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| On-going training
activities include, but are not limited to: |
• |
Introduction to document
review software tools (e.g. Documatrix, Discovery
Radar, DocHunter, Concordance, Summation, and ADI); |
• |
Daily
reading and comprehension exercises based on
current events in U.S. legal and business fields
(Wall Street Journal, New York Times, and Washington
Post); and |
• |
Training
in U.S. grammar and idioms. |
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Security / Risk Management:
Q. How does Cobra ensure client
confidentiality?
A. Cobra Legal Solutions requires U.S. and Indian employees
and supporting contractors to sign agreements mandating
confidentiality and security of client information. Cobra's
agreements with its clients provide that parties must
resolve any disputes in the U.S. pursuant to the commercial
arbitration rules of the American Arbitration Association. We
are happy to provide you with a copy of the confidentiality
agreements and to incorporate additional language at
your request.
Q. What data privacy
protections are in place for data reviewed at Cobra's
India office?
A. Cobra Legal Solutions utilizes several internal
security measures at its India office to protect sensitive
data including, but not limited to: |
• |
Entry to the
office is restricted by requiring microchip-embedded
swipe cards; |
• |
Security guards
are posted at the entrances; |
• |
Image capturing
devices such as scanners or photocopiers are not
permitted; |
• |
Data capturing
devices such as USB flash drives or pen drives
are not permitted; |
• |
Workstations
computers have no individual printers or devices
for removable storage; and |
• |
Employees
are subject to background checks before and during
employment. |
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Q. What
technology measures ensure security?
A. First, the hosting platform provides security. In
general, we will work on a Citrix (or another terminal
server) platform so that no data is downloaded from the
hosted database to the reviewer workstations. Second,
attorney reviewers are neither allowed to print from
their workstations nor allowed to copy anything to a
removable media device like a CD or thumb drive. Third,
Cobra also restricts attorney access to external e-mail
and access to the Cobra's facility with a cardkey system
and security checkpoints.
Q. Where will my data
be hosted?
A. Clients will normally have their data hosted in
the U.S. If there are data privacy issues involved
with the collection of data in a country with strict
privacy laws, clients may have their data hosted in
the U.K. or the country where the data is collected,
depending on the legal judgment of the attorneys overseeing
e-discovery or e-disclosure.
We work with many of the industry
leaders in hosting and, as part of any project undertaken
by Cobra, are directly involved in working closely
with the hosting vendor to ensure that client data
is absolutely secure during the review and production
process.
Furthermore, if the hosted platform
offers a Citrix or some type of terminal-server solution,
then none of the client data will be downloaded to
the local workstations of the reviewers in India. If
the client chooses a web-based application that downloads
data to workstations as its hosting platform, then
Cobra has implemented strict security measures to ensure
that any data residing on any workstation in India
cannot be copied, printed or e-mailed by any reviewer.
Q. Will we always have
instant access to our documents?
A. Under normal circumstances, you will have 24 hour
/ 7 day a week access to the document database via
a secure login/password procedure over the internet. If
the hosting vendor needs to perform planned server
maintenance requiring any downtime, it is usually done
during off hours, and the vendor has responsibility
for providing advance notification to users.
Q. What types of redundancy
measures would be in-place to minimize the amount
of downtime?
A. On the hosting side, most of the leading vendors
have full redundancy with a mirrored system if there
is any significant downtime. During the
planning phase of a project, Cobra will advise our
clients about these types of issues as it relates to
any hosting vendor already chosen or under consideration
for a project.
Independent of the hosting firm,
Cobra has in place a dedicated and secured backup internet
line with another leading Indian internet service provider
(ISP) if the cause of downtime in India is related
to a problem with the main ISP and their line into
our facility. We have configured our network
in India to default within seconds to the backup line
if there is temporary failure with the primary line
to the Internet.
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Value:
Q: How can Cobra help us manage costs?
A: Cobra's talented, highly trained India attorney team
provides efficient document review at competitive rates. Effective
project management and quality control permit us to control
costs further. Cobra can advise on cost-saving
litigation technology and can help to manage vendor relationships. Every
client has access to real-time reports on incurred costs.
Q: When is it cost-effective
for my legal department or law firm to choose outsourcing?
A. Outsourcing document review to Cobra is cost-effective
for many types of clients. Large legal departments,
smaller legal departments, and large and medium law
firms can all benefit from Cobra's efficient, trustworthy
document review services. Cobra can leverage
current organizational resources to handle large document
reviews without incurring unnecessary additional expenses. Law
firms work with Cobra to provide an additional set
of services to their clients without taking on additional
permanent personnel themselves.
In addition to making use of talented
labor at lower costs, outsourcing document review to
Cobra means: |
• |
Best practices in project
management |
• |
Use of our permanent workforce |
• |
World-class technology for
facilitating the review |
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Ethics:
Q. How does Cobra check for conflicts?
A. We rigorously check for potential conflicts by following
ABA Model Rule 1.7 prior to every engagement. To comply with the ABA rule, we update continuously
data regarding parties currently and previously engaged by Cobra review attorneys,
as well as any other involved parties. We immediately disclose any potential
conflicts based on our ongoing reviews. We can
incorporate any additional preferred conflict check
processes into our own.
Q. Is Cobra, or am I, at risk of aiding the unlicensed
practice of law?
A. A number of bar association committees have issued
advisory opinions outlining how to outsource within
local professional and ethical guidelines. Generally
such opinions call for assessment of the following
issues: (1) does the arrangement avoid aiding and abetting
in the unlawful practice of law; (2) should client
consent be obtained; (3) are client confidences and
secrets adequately preserved; (4) are the outsourced
services billed appropriately; and (5) have potential
conflicts of interest been adequately addressed?
You can avoid the unlicensed
practice of law or breach of other professional guidelines
by following the requirements of the applicable jurisdictions. We
can provide assistance in assessing your local requirements
upon request.
Q. How do you address the malpractice risk?
A.
We of course attempt to minimize errors through rigorous
screening of our attorneys, rigorous training, and
rigorous attention to our work, followed by quality
control. Having U.S.-trained
lawyers on-site in India is a critical part of our
effort to provide quality work product. We recognize,
however, that from time to time mistakes may occur. Our
India attorney team may be covered by your organization's
malpractice policy. Notwithstanding, Cobra carries
its own errors and omissions insurance.
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