eDiscovery Daily Blog

• February 4, 2015

As noted yesterday, LegalTech® New York 2015 (LTNY) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and over 199 exhibitors providing information on their products and services.

While at the show, we will (also for the fifth year in a row!) be interviewing several industry thought leaders to see what they think are the significant trends for 2015 and, which of those are evident at LTNY. After the show, we will announce the series of thought leader interviews and identify when each will be published. Mark your calendars!

Perform a “find” on today’s LTNY conference schedule for “discovery” or “information governance” and you’ll get 66 hits. So, there is plenty to talk about! Sessions in the main conference tracks include:

10:30 – 11:45 AM:

Data Preservation in a User-Centric Mobile, Social and Cloud World

The cloud is no longer a novelty, social is not just for social, and mobile is fast becoming central, yet for eDiscovery professionals these environments are still often seen as unavoidable annoyances. Learn how successful corporations are implementing proactive litigation readiness plans for cloud solutions, social networks, and mobile endpoints — saving time, cost, risk, and hassles while letting their users work the way they want to.

Speakers to include: Neil Etheridge (Discussion Leader), Vice President, Product Marketing, Recommind; Robert Owen, Partner , Sutherland Asbill & Brennan LLP; Dave Packer, Sr. Director, Product Marketing, Druva; Alex Ponce de Leon, Discovery Counsel, Google; Justin Somaini , Chief Trust Officer, Box, Inc..

Analytics and Information Governance

As information proliferates, organizations need to adopt enterprise-wide Information Governance practices and make proactive policy decisions about what information is important to the organization, how to keep and manage it, and how to defensibly dispose of it. Data analytics are a smart way to gain an understanding of an organization’s information, both broadly and specifically, and to analyze or categorize it in order to facilitate business decisions, support defensible disposition, and more. This interactive panel discussion will address the information governance challenges organizations face and how analytics can help, including specific examples such as defensible destruction.

Speakers to include: Laurie Fischer (Discussion Leader) , Managing Director, Huron Legal; Jon M. Talotta , Partner, Hogan Lovells; Brett Tarr, Counsel Litigation & E-Discovery , Caesars Entertainment; Kurt Wilhelm , Director – Information Governance, NBCUniversal.

Predictive Coding: Succeed or Screw Up? How to Evaluate (and Validate) Results in Your Next Predictive Coding Project

It is no longer a matter of “if” you use predictive coding; “how” you conduct predictive coding is the critical question. With the training, prediction, and evaluation stages being an iterative process, how do you validate results and know when to stop review? This session will help you understand the methods and key metrics for evaluating effectiveness in your next predictive coding project.

Speakers to include: Jonathan Sachs (Discussion Leader), Senior Account Executive, Kroll Ontrack; Cliff Dutton, Senior Vice President & Director of eDiscovery and Vendor Management , AIG; Shannon Kirk, E-Discovery Counsel, Ropes & Gray; Ralph Losey, Shareholder, Jackson Lewis P.C.

12:30 – 1:30 PM:

Future-Proof Your eDiscovery Practices – OPEN TO ALL

It’s clear that the eDiscovery landscape is constantly changing. Trends and vendors often come and go, leaving organizations in a constant state of reacting to what’s next. Those organizations that are prepared for evolving conditions can better balance value and risk – thus future proofing their eDiscovery practices. In this panel, learn from proven eDiscovery experience and historical perspective on how the market has evolved in the past two decades – and how previous trends and market forces will help determine where the industry may be headed. You’ll leave knowing what your organizations can do now to minimize future risk and how to take full advantage of the value that emerging technologies will offer.

Speakers to include: George Tziahanas (Discussion Leader) , VP, Legal and Compliance Solutions, HP; Patrick Collins, Partner, Perkins Coie; Dr. Bruce V. Hartley, CISSP, VP, Celerity Consulting Group, Inc.; Jessica Watts, Associate General Counsel,, eDiscovery HP.

2:00 – 3:15 PM:

User-Defined Predictive Coding for Fact Finding and Prioritized Review

It’s easy to think of machine learning only when reviewing for large productions, however, forward-thinking users are applying it to drive internal investigations, analyze government-seized data stores, quality-check manual review, and much more. Come learn creative strategies for combining search and analytics for powerful fact finding and cost savings across a range of real-world use cases.

Speakers to include: Hal Marcus (Discussion Leader), Product Marketing Manager, Recommind; Florinda Baldridge, Global Director of Practice Support, Norton Rose Fulbright; Jay Brudz, Partner, Drinker Biddle & Reath LLP; David L. Stanton, Partner, Pillsbury Winthrop Shaw Pittman LLP.

Analytics to Enhance Litigation and Discovery Strategy

The “buzz” in the past few years has been about predictive coding as an analytical tool to facilitate document review. Predictive coding is just one of many analytical tools that can aid the discovery process, however, and document production is just one use for discovery analytics. This panel will discuss the range of analytical tools for discovery and creative ways they can be used to assist with early case assessment, litigation strategy, and discovery strategy, allowing counsel to better focus on developing the legal case and clients to make more informed decisions about case disposition. As an added bonus, their effective use can result in significant cost savings.

Speakers to include: Nathalie Hofman (Discussion Leader) , Managing Director, Huron Legal; Ignatius Grande, Senior Discovery Attorney/Director of PracticeSupport, Hughes Hubbard & Reed LLP; Mollie C. Nichols , Partner, Redgrave LLP; Glenn O’Brien , Director, Electronic Discovery, Liberty Mutual Insurance; Farrah Short, Associate , Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C..

Machine Learning from Pre-Discovery to eDiscovery and Everything In-between

Find out how machine learning is impacting all areas of information governance, realizing the promises of knowledge management, records management, and eDiscovery.

• How can machine learning enable organizations to get ahead of the curve in eDiscovery and be better prepared for a matter?
• How does machine learning facilitate areas of information governance such as defensible deletion, surveillance and compliance, records management and applying retention policies to electronic archiving?
• How do corporate counsel and attorneys apply machine learning capabilities to unstructured content to better address information governance requirements?

Hear our expert panelists share ways machine learning technology is being applied throughout all areas of the information governance spectrum, with compelling, pragmatic examples and case studies demonstrating an entirely new paradigm with unstructured corporate content.

Speakers to include: Ari Kaplan (Discussion Leader), Principal, Ari Kaplan Advisors; Jeff Fehrman, Chief Strategy Officer, Mindseye; Constantine Pappas, Product Specialist, Computer-assisted Review, kCura; Rick Wilson, Vice President of Strategy and Solutions, Sherpa Software.

Global: Around the World in Less than 80 Minutes – Delivering Successful eDiscovery Projects Across the Globe

EDiscovery is approached differently in almost every country around the world, and international eDiscovery best practices are evolving quickly in response to international litigation and investigations. Knowing the country’s approach to eDiscovery is integral to ensuring that a multi-national eDiscovery project goes smoothly. This panel, comprised of eDiscovery experts from around the world, will discuss:

• The biggest differences in approaches to eDiscovery in the US, EU and APAC
• How the extraterritorial effect of US regulation affects global companies’ eDiscovery tactics
• Why eDiscovery is on the rise in European countries like Germany and France and how to handle local requirements
• Political, cultural and legislative sensitivities towards eDiscovery in China, Japan, Singapore and other countries in the APAC region – and how to deal with them

Techniques for managing eDiscovery in international cases and on multiple fronts.

Speakers to include: Andrew Szczech (Discussion Leader) , Director of Legal Technologies Services, EMEA, Legal Technologies, Kroll Ontrack UK; Brian Calla, Member, Eckert Seamans; Kate Chan, Managing Director, Kroll Ontrack APAC; Emily A. Cobb, Associate, Ropes & Gray; Jerami D. Kemnitz, Senior Discovery Counsel – Global Head of eDiscovery, Wells Fargo.

3:45 – 5:00 PM:

User-Centric Protocols for Advanced Review

Recent noteworthy judicial opinions have a lot to say about practical aspects of predictive coding-enabled review – such as search term culling, seed set sharing, workflow transparency, ESI orders, and the timing of discovery challenges. Come learn what these opinions do (and don’t yet) tell us, and how the new CTRL Initiative’s open-source guidelines can help users chart a flexible course for advanced review.

Speakers to include: Philip Favro (Discussion Leader), Senior Discovery Counsel, Recommind; Honorable James C. Francis IV, U.S. Magistrate Judge , U.S. District Court, Southern District of New York; Dawson Horn, III, Esq., Associate General Counsel, AIG; Darin Sands, Shareholder, Lane Powell.

Information Governance: Applying Technology to Information Governance: Data Management, Litigation Holds, Records Retention and Destruction

This panel will help attendees understand how information governance maturity can be developed from much of what we have learned in eDiscovery. The panel will talk about what information governance (IG) is, how to develop IG programs, and what IG projects companies are undertaking today, such as defensible data remediation, intelligent migration, and using eDiscovery and analytics technology for information governance purposes.

Speakers to include: Cathleen Peterson (Discussion Leader), Senior Vice President, Consulting and Advanced Review Services, Kroll Ontrack; Bennett Borden, Partner, Drinker Biddle & Reath LLP; Jessica Escalera, Global Head of Legal Discovery Operations, Barclays; D. Casey Flaherty, Corporate Counsel, Kia Motors America, Inc.; David L. Stanton, Partner, Pillsbury Winthrop Shaw Pittman LLP.

In addition to these, there are other eDiscovery-related sessions today. For a complete description for all sessions today, click here.

eDiscoveryDaily will also be “tweeting” periodically throughout LTNY, so feel free to check out our updates at twitter.com/Cloud9Discovery.

So, what do you think? Are you planning to attend LTNY this year? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscoveryDaily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.