eDiscovery Daily Blog

• August 21, 2024

By Rick Clark

Nashville offers countless reasons to visit, but when you combine the city’s talent and energy with the legal community’s convergence at the Gaylord Opryland Resort and Convention Center, you create an unforgettable experience. ILTACON 2024 was a prime example of this magic, drawing together a remarkable crowd of over 4000 legal and IT professionals, marking one of the most well-attended conferences in our industry—even pre-pandemic. The week was filled with action, new connections, and insightful exchanges, and I had the privilege of experiencing much of it alongside our new partnership at Oxygen Forensics, stationed at booth 752.

Immersed in the World of Legal Tech

While my time at ILTACON was primarily spent with the team at Oxygen Forensics, I managed to attend one pivotal session that left a lasting impression: ACEDS Presents: The Perils and Promises of Artificial Intelligence: Navigating the AI Jungle. This session, moderated by Maribel Rivera, VP, Strategy and Client Engagement, ACEDS, featured insights from industry leaders such as Julie Brown, Director of Practice Technology at Vorys, Sater, Seymour and Pease LLP; Cat Casey, Chief Growth Officer at Reveal; and David Horrigan, Discovery Counsel and Legal Education Director at Relativity. The session was a deep dive into the current and future applications of AI in legal discovery, data privacy and legal research, and it was clear that AI is steadily weaving itself into the fabric of the legal industry.

Exploring AI’s Role in Legal Discovery

One of the session’s key challenges was identifying current applications of AI in the legal process. Julie Brown kicked off the discussion by highlighting AI’s role in post-production discovery. She emphasized how AI is becoming instrumental in pretrial preparations, summarizing evidence, and constructing timelines—tasks traditionally performed by humans but now being handled efficiently by AI, which can also extract key themes from large datasets.

Cat Casey then brought our focus to the pre-discovery phase, discussing AI’s capability to conduct early data assessments. She explained how AI can swiftly summarize the overarching themes within data and categorize it based on pertinent issues. One of the standout moments for me was when Casey pointed out that attorney adoption of AI might be more seamless than the industry’s previous experience with Technology Assisted Review (TAR). As attorneys increasingly use AI in both personal and professional capacities, the transition to AI-driven workflows in legal settings could be more straightforward than anticipated. AI’s omnipresence and user-friendliness make it a natural fit in legal tech.

David Horrigan added his perspective, noting how AI has revolutionized privilege review—a task once deemed too complex to automate. AI now makes this process more manageable and reliable, showcasing its potential to enhance efficiency in legal workflows.

Horrigan also shared compelling examples of AI’s impact on case law, including:

• Hallucinations – Mata vs. Avianca: A case where an attorney used ChatGPT for legal research, resulting in citations to non-existent precedents. This mishap led to sanctions and highlighted the potential pitfalls of AI when not used carefully.
• Positive Application of GAI – Snell vs. United Specialty Insurance Company: Here, GAI was effectively used to clarify the definition of “landscaping” in the context of a trampoline-related incident, illustrating AI’s potential as a valuable legal tool when applied correctly.

These examples painted a vivid picture of both the perils and promises of AI in the legal industry, emphasizing the need for careful and informed use of these technologies.

Key Takeaways and Cautionary Tales

Julie Brown concluded the discussion with several critical takeaways that resonated with the audience:

• Generative AI (GAI) won’t replace attorneys, but it will replace those who don’t use it. This statement underscored the importance of embracing AI as a tool for enhancing legal practice.
• Experiment with GAI to familiarize yourself with its capabilities. Continuous learning and experimentation are crucial as AI evolves.
• Stay informed about all the applications your law firm or in-house team uses, even those outside your immediate practice area.
• Leverage legal research platforms like LexisNexis and Westlaw, which are integrating AI tools to facilitate attorney adoption.

Cat Casey’s final point expanded on Brown’s advice, encouraging legal professionals to use AI tools like ChatGPT for low-risk tasks to acclimate to the technology. This approach not only enhances understanding but also sparks creative thinking about how AI can be integrated into legal practice.

A Week of Meaningful Connections and Innovations

After the insightful session, I returned to the Oxygen Forensics booth, ready to dive into the week’s events. The showroom mixer was buzzing with energy, and it was clear that this would be a week full of meaningful conversations and reunions with colleagues from my 22-year career in legal discovery.

The partnership messaging between Oxygen Forensics and CloudNine Review resonated well with the eDiscovery professionals who stopped by. Oxygen Forensics simplifies data collection from devices (smartphones, tablets, laptops, etc.) and cloud applications (such as M360 and Google), and the seamless export to CloudNine Review enables users to review all data types within a single platform using native review workflows. It was also interesting to observe a growing trend: more firms are considering bringing data collection in-house as technology and processes become easier to manage and staff.

I also had the pleasure of meeting with Tom Palladino, who is working on an emerging eDiscovery AI platform that offers advanced summarization and categorization of evidence, among other innovative data identification workflows. This encounter reinforced the themes from the ACEDS session—eDiscovery-specific AI workflows are rapidly being integrated into our industry, signaling an exciting shift in how we approach legal discovery.

Unwinding in Nashville

Beyond the conference, it was wonderful to reconnect with familiar faces and immerse myself in Nashville’s vibrant scene. A highlight was revisiting my favorite spot, the Bourbon Street Blues and Boogie Bar, where incredible talent takes the stage in a uniquely immersive venue and showcase their magic to a receptive group from ILTACON.

Conclusion

ILTACON 2024 was a testament to the legal community’s resilience and innovation. From groundbreaking AI discussions to strengthening partnerships and forging new connections, the conference was a rich tapestry of learning and collaboration. As we move forward, it’s clear that AI will continue to shape the future of legal discovery, and I’m excited to see where this journey takes us.