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Doug Austin

Observations about Legaltech 2020 from Attendees: eDiscovery Trends

Once again, we’ve completed another Legaltech New York (LTNY).  So, what did attendees at the conference think about this year’s show?  Let’s take a look.

As I’ve done the past four years, I reached out to several attendees (some of whom I met with during the show) to get their thoughts and impressions of this year’s show.  As always, these should be taken as their personal opinions and observations regarding the show, not those of their employer or clients.  As always, we had several who responded with their thoughts, so thanks to all who did!  So many that, once again, we’re going to spread these observations over two days.  Here we go!

“LegalTech panel’s this year seemed to emphasize privacy and especially the CCPA (and less on the GDPR than in the past).  Also less emphasis on ‘pure’ ediscovery panels, except at the ‘boot camp’ on Wednesday.   And Drinks with Doug and Mary was as crowded as ever. Global warming is a serious problem, but nice to offer our out of town visitors a LTNY week without bitter cold or snow and slush as in past years.”

—  Judge Andrew Peck (ret.), Senior Counsel, DLA Piper

“This was my ninth Legaltech and the more things change, the more they stay the same.  The look and feel for the entire event was different—new exhibit hall layouts, new branding, new sessions—but it was still the tried-and-true legal technology community we see each year.  Between the happy hours, dinners, and run-ins at the Hilton, the best time was spent catching up with friends and colleagues.  Without a ton of huge announcements during the show, the same went for attendees talking to us vendors in the exhibit hall, beginning each interaction with a simple, ‘What’s new?’”

— Shawn Gaines, VP of Marketing for Relativity

“The two things I find most valuable about LegalWeek each year are connecting with colleagues and seeing the available technology tools that I can utilize in my practice. Because eDiscovery is such a global community of professionals, it’s a treat to get to see colleagues who I’d typically only have calls or exchange emails with, in person. There were many hosted events where colleagues could gather and socialize from the EDRM’s Legal Tech Jumpstart on Monday and Drinks with Doug and Mary on Wednesday to the ACEDS Happy Hour on Wednesday. All of these events were wonderful networking opportunities for renewing relationships and forming new ones. Also, I normally go with goals of finding “gap fillers” – that is, some sort of technology solution to resolve a pain point in my practice. This year, those were foreign language translation and time line builders, and I was able to walk away with new tools to try in both of those areas. Each year I feel LegalWeek gives me a boost that adds momentum to my career, and this year was no different.”

— Suzanne H. Clark, Esq., CEDS, Discovery Counsel, eDiscovery CoCounsel, pllc

“Despite everything I had heard about the annual conference, I wasn’t sure what to expect from my first Legaltech NY. My obsession with learning all I could about a field most of us fall into rather than pursue and the event’s reputation as a party scene had encouraged me to prioritize other conferences with education sessions hyper-focused on eDiscovery throughout my first decade in the industry. Now that I experienced the conference first-hand, I understand and appreciate that the educational value of meeting and connecting with the polymaths who shape the field is commensurate with the value of the panels and sessions they deliver on topics that highlight the broader context of my specializations. I was inspired by the many brilliant minds I met and very much look forward to building on each other’s contributions, innovating together, and solving new challenges both with and around artificial intelligence, the advancement in technology that was appropriately featured as both a problem and solution in sessions this year.”

— Lilith Bat-Leah, CEDS, Director, Data Science, Fronteo

“The highlights for me this Legalweek involved the project management workshop I had the pleasure of conducting on Monday and then talking further with you during the NineForum about the growth and possibilities that lie ahead in project management, not just in legal, but in the new projectized economy that I predict will continue to emerge in 2020.”

— Mike Quartararo, President, Association of Certified E-Discovery Specialists

“The conference looked much more attended this year.  #Drinks with Doug and Mary is always a stellar celebration with my cohost, your fabulous self and my partner, Kaylee Walstad.  Thank you CloudNine and ComplianceDS!  Bloggers luncheon was a highlight, thank you, Relativity!  The global nature of Legalweek was notable—we had folks from South Africa, from Ireland, and from UK coming to support EDRM. The outpouring of support from long timers to newcomers for EDRM just warmed my heart.”

— Mary Mack, CEO & Chief Legal Technologist, EDRM

We’ll publish the rest of the observations tomorrow (including mine)!

So, what do you think?  Did you attend Legaltech last week?  What did you think of this year’s show?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Citing Protective Order, Court Grants Motion to Quash the Subpoena of Third Party Expert: eDiscovery Case Law

As we all wind our way back home after another Legaltech, here is a new case law post for you.  Next week, we’ll have some observations from attendees at the show (including me).

In Rhino Metals, Inc. v. Sturdy Gun Safe, Inc., No. 1:18-cv-00474-DCN (D. Idaho Jan, 22, 2020), Idaho David C. Nye granted the motion of the Defendant/Counterclaimant to Enforce the Protective Order that was related to a report prepared by defendant’s expert that was produced to the plaintiff in this case and quashed the subpoena that was issued to the Plaintiff/Counter-Defendant from a party in another case.

Case Background

In this case, the defendant produced the report of one of its experts to the plaintiff.  Pursuant to the parties’ agreed upon protective order in this case, the defendant designated the expert’s report as “Confidential”, which limited the receiving party’s ability to use and disclose the report.  Unrelatedly, that same expert produced a report on behalf of a plaintiff in a legal matter titled GDM Enterprises, LLC v. Astral Health & Beauty, Inc., a case in the Western District of Missouri.  On December 20, 2019, the plaintiff issued a subpoena to the defendant in the Missouri action requesting the expert’s report in that case. Ten days later, the defendant in the Missouri case issued a reciprocal subpoena to the plaintiff requesting the expert’s report in this case.

The defendant raised the issue to the Court informally and the plaintiff represented that it would not respond to the subpoena until the Court had an opportunity to review and rule on any motions filed in the instant case.  Concerned that this information would leak into the public sphere if turned over, the defendant moved the Court for an order enforcing the protective order in this case and prohibiting the plaintiff from responding to the subpoena and turning over the requested information.

Judge’s Ruling

Judge Nye began his analysis by stating: “As a threshold matter, the Court notes that this Court—the District of Idaho—is the correct forum to take up this matter”, noting that “Sturdy is the party ‘affected by a subpoena’ and that “the subpoena requires compliance in this District”.  Noting that “under Rule 45, the party to whom a subpoena is directed must ‘produce [the designated items] in that person’s possession, custody, or control’”, Judge Nye stated:

“Here, the items at issue are only in the temporary possession, custody, or control of Rhino pursuant to a Protective Order of this Court and thus not subject Astral’s subpoena… Sturdy is the true, rightful owner of this material. Sturdy is the correct party to whom the subpoena should have been directed. The mere fact that Rhino has the information at this time does not mean that the information is within its possession, custody, or control and subject to disclosure… Thus, the report Astral seeks via its subpoena is not within Rhino’s possession, custody, or control for purposes of discovery. Further, were Rhino to turn it over, it would be violating the terms of the protective order in this case and subject to sanctions.”

Addressing the plaintiff’s concerns that it might be required to respond to the subpoena, Judge Nye also noted that “the bottom line is that Rhino is not ‘disobeying a lawful subpoena’ by not turning over the information Astral seeks because it isn’t Rhino’s information to turn over in the first place.”  As a result, he granted the defendant’s motion and quashed the subpoena issued to the plaintiff.

So, what do you think?  Do you agree that the report wasn’t in the possession, custody and control of the plaintiff?  Please let us know if any comments you might have or if you’d like to know more about a particular topic.

Case opinion link courtesy of eDiscovery Assistant.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Thursday LTNY 2020 Sessions: eDiscovery Trends

As noted Tuesday and Wednesday,  Legaltech® New York (LTNY) is happening this week and, for the tenth(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  Today is the last day to check out the show if you’re in the New York area with a number of sessions available and over 158 exhibitors providing information on their products and services, including our company, CloudNine at booth #3000 in America’s Hall 2.

In addition to that, CloudNine conducted another great NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts delivered 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  And, we also hosted the 4th annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by EDRM, CloudNine and Compliance Discovery Solutions.  Hope you were able to catch us there!

There are several interesting sessions today related to eDiscovery, Information Governance, Cybersecurity and Data Privacy.  Side note: ALM has set up the Legaltech site this year where you have to click “Learn More” for each session to get the full description of it – very annoying!  I’ve opened them all up, so you don’t have to.  :o)  Sessions in the main conference tracks include:

9:00am – 10:00am:

Cite Early! Cite Often! The 2019-2020 Cases That Every Practitioner Should Know

Join us for ALM’s open-to-all legendary Judicial Keynote Session as the panel discusses the cases that made (or missed) the ALM headlines in 2019-2020.  Caselaw discussions will focus on the ever changing landscape of data and biometric privacy, privilege disputes, spoliation, recent news in iPhone forensics and social media discovery in litigation.   The panel will also survey the audience to provide meaningful feedback on ethic obligations under the ABA Rules.

Speakers: Hon. Timothy Driscoll, Justice of the Supreme Court, State of New York; Judge Andrew Peck, Senior Counsel, DLA Piper; Hon. Willie J Epps, Jnr, United States Magistrate Judge, United States Western District of Missouri; Patrick Oot, Partner, Co-Chair, Data & Discovery Strategies Practice Group, Shook, Hardy & Bacon L.L.P.; Hon. J Michelle Childs, United States District Judge, District of South Carolina.

10:00am – 11:00am:

ARMA’s Information Governance Implementation Model: The Way Forward For Information Governance

Learn about ARMA’s new model for Information Governance, the ARMA Information Governance Implementation Model (IGIM). In this session you’ll get an overview of this new methodology for helping your organization move forward in your Information Governance endeavors. You’ll also learn how this model can also be utilized for maturity assessment and how ARMA is connecting the IGIM to future resources.

Key Takeaways:

  • Receive an overview of the Information Governance Implementation Model
  • Understand how the IGIM can be utilized in your organization
  • Learn how ARMA is utilizing the IGIM for future resources development

Speakers: Nick Inglis – ARMA International; Ann K. Snyder – ARMA International.

Understanding CCPA & U.S. State Privacy Regimes

In the summer of 2018, California passed its landmark set of privacy statutes, the California Consumer Privacy Act (“CCPA”), effective January 1, 2020. Since that time, numerous other states have added their own legislation, some more data privacy driven and others more focused on data security. That amalgam of laws added to a series of state enforcement agency regulations promulgated in Colorado, New York and Vermont. Pressure from global businesses, such as AT&T and IBM, urging the federal government to create a more comprehensive consumer data privacy law should only increase the number of state – and perhaps even federal- legislative introduced.

Key takeaways:

  • Understanding the current status of nationwide state privacy statutes and administrative agency regulations
  • As to the many organizations that have undergone GDPR compliance projects, gaining a sense of additional necessary steps to ease CCPA compliance fears
  • Gathering specific practical tips to help create a robust and effective compliance program
  • Learning about the landscape of U.S. and global enforcement actions

Speakers: Robert Brownstone – Fenwick & West LLP; Isis D. Miranda – Freeman Mathis & Gary LLP; Shannon K. Yavorsky – Venable LLP; David Stauss – Husch Blackwell LLP.

12:30pm – 1:30pm:

7 “Reasonable Steps” for Legal Holds of ESI and Other Documents

A session based on the wildly popular book published by ARMA International, you’ll learn about the 7 “reasonable steps” and get an update on where things have changed since the original publication.

Key Takeaways:

  • Learn about the 7 “reasonable steps”.
  • Understand how expectations have changed over time.
  • Gain actionable knowledge that you can apply to your handling of ESI.

Speakers: John Isaza, Esq – Rimon, P.C.; John Jablonski, Esq – Gerber Ciano Kelly Brady LLP.

What You Don’t Know Will Hurt You: Artificial Intelligence (AI) vs. Individual Privacy Rights

As AI increases its role in day to day activities, concerns surrounding both consumer/user and employee data have grown. With the use of AI comes greater amounts of personally identifiable information (PII) data being stored and utilized, but at what cost?As society becomes more comfortable with the gathering and mining of sensitive personal information, the threat of AI will only increase.

Key Takeaways:

  • Considering the impacts of the increased ability of AI driven devices and tools to track and monitor consumers/users and employees
  • Tackling data exploitation given that most consumers/users remain blissfully unaware of the amount of data being generated and processed through networks and devices
  • Assessing how, with such sensitive data at risk, organizations can enforce accountability and transparency to help better protect data’s private contents?
  • Reviewing existing privacy laws and regulations to help determine whether they adequately protect the privacy rights subject to the threat of AI

Speakers: Robert Brownstone – Fenwick & West LLP; Kimberly Quan – Juniper Networks; Joe Gervais – Brightside Benefit; Gordon Calhoun – Lewis Brisbois.

2:00pm – 3:00pm:

Information Governance in the Cloud: Compare and Contrast (2020 update)

Build your cloud knowledge. With CIO surveys showing over 90% of businesses use the public cloud, now is the time to improve your cloud readiness! Engage in lively discussion with the experts who worked directly with Amazon, Box, Google, IBM, Microsoft and other major cloud providers on the IG elements of their cloud solutions. Explore the Cloud’s information governance (IG) features for retention, legal holds, disposition information protection and more! Expanding your knowledge will assure your place at the table as a valued resource, as your organization leverages the cloud.

Key Takeaways:

  • Examine key information governance capabilities of cloud solutions
  • Compare and contrast cloud support for creation-date versus event-based retention
  • Discuss legal hold capabilities
  • Consider automated disposition features

Speakers: Carol Stainbrook – Cohasset Associates; Michael Haley – Cohasset Associates.

Privacy Engineering (“Privacy by Design”): What is it & What Do I Need to Know?

As privacy has evolved over time, developers of products, technology, networks and business practices have been realizing the importance of incorporating privacy from the beginning instead of as add on. Privacy engineering ensures that privacy considerations are integrated into product design. As technology continues to evolve a rapid pace ,the necessity for privacy engineering will only continue to grow.

Key Takeaways:

  • Knowing the fundamentals behind privacy engineering and understanding its growing importance
  • Considering privacy laws that require privacy engineering
  • Garnering strategies to help incorporate privacy engineering into product development

Speakers: Robert Brownstone – Fenwick & West LLP; Amie Taal – Strategem Tech Solutions; Robert Bond – Bristows LLP; Matthew Coleman – Orrick Herrington & Sutcliffe LLP; Megan Cristina – Slack.

In addition to these, there are other sessions today that may interest you.  For a complete description for all sessions today – and for the entire show, since they’re all on one page (even if you do have to click “Learn More” on each one to see them), click here.

So, what do you think?  Did you attend LTNY this year?  If so, what did you think about the show?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Wednesday LTNY 2020 Sessions: eDiscovery Trends

As noted yesterday, Legaltech® New York (LTNY) is happening this week and, for the tenth(!) year in a row, eDiscovery Daily 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 available and over 158 exhibitors providing information on their products and services, including our company, CloudNine at booth #3000 in America’s Hall 2.

In addition to that, yesterday and today, CloudNine is conducting its second annual NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for NineForum again this year, so if you are at the show, come check it out.  The schedule for the topics and speakers, along with everything else CloudNine at Legaltech is available here.  We had five great sessions yesterday, and have four more today to check out!

Not only that, but today from 4pm to 6pm is the 4th annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by EDRM, CloudNine and Compliance Discovery Solutions.  Believe it or not, you can still register here.  Once again, we have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Again.

There are several interesting sessions today related to eDiscovery, Information Governance, Cybersecurity and Data Privacy.  Side note: ALM has set up the Legaltech site this year where you have to click “Learn More” for each session to get the full description of it – very annoying!  I’ve opened them all up, so you don’t have to.  :o)  Sessions in the main conference tracks include:

9:00am – 10:00am:

Plenary Session – Blockchain and Emerging Technology Researcher Bettina Warburg

With a gift of clearly explaining complex—and confusing—technologies, Blockchain researcher Bettina Warburg educates executives in leveraging emergent technologies including AI, IoT, and others. Click here to view her TED talk on how blockchain will transform the economy.

Speaker: Bettina Warburg, Blockchain researcher, entrepreneur and educator, Co-founder, Animal Ventures, Tech on Politics.

11:00am – 12:00pm:

Mobile Data: Issues in Data Privacy and Data Protection

Mobile data has become arguably the most important source of information in litigation, investigations, and just about every form of data discovery—and data privacy and data protection are arguably the biggest challenges with mobile data. Have we lost the battles over data privacy and data protection with our data exposed for all to see? Is more evidence a bad thing? Join us for a lively conversation as leading authorities in legal forensics and mobile technology discuss and debate the vital mobile data issues of the day and discuss mobile protocol best practices.

Key takeaways:

  • Key privacy issues posed by mobile data
  • Best mobile practices from leading authorities in legal forensics & mobile technology
  • Business & discovery implications of mobile technologies

Speakers: David Horrigan – Relativity; Gail Gottehrer – Law Offices of Gail Gottehrer; Ed McAndrew – DLA Piper; Ines Rubio – BSI; Ruth Hauswirth – Cooley LLP; Shahaf Rozanski – Cellebrite, Inc.

Career Up! LegalOps for eDiscovery Professionals & Tech Wonky Attorneys

In this eye-opening session, we’ll identify emerging career opportunities and trends within the LegalOps job market. You’ll also learn the core skills & attributes on which hiring managers are keen.  Digging deeper we’ll examine how this new career track is reshaping law school curricula, as well as the state of certification programs and how they can help advance your career goals. Last, but not least, you’ll learn all about compensation ranges, per role & experience level.

Key takeaways:

  • Career statistics & trends in the LegalOps job market
  • Certifications & degrees that matter most
  • Salary guidelines
  • Business of law implications

Speakers: Olivia Gonzalez – Prudential; Tom Morrissey – Purdue Pharma LP; Richard Robinson – Toyota; Paige Edwards – Onit.

1:30pm – 2:30pm:

Your Career in Data Discovery, Data Privacy, and Data Protection

Legal careers are changing rapidly, and technology is a major force driving these professional opportunities. No longer are career paths siloed between law and technology—instead legal technologists in a variety of roles are changing what it means to be a legal professional—especially in data discovery, data privacy, and data protection. The wave that brought us the chief information officer a few years ago is now creating opportunities for new roles such as data privacy officer, chief information security officer, data science attorney, and chief transformation officer. In this session, we’ll examine these new career opportunities with perspectives from legal professionals and legal recruiters.

Key takeaways:

  • Career statistics & trends in data privacy and related fields
  • Certifications & degrees that matter most
  • Salary ranges for various positions
  • Business implications

Speakers: David Horrigan – Relativity; Jared Coseglia – TRU Staffing Partners; Ines Rubio – BSI; David Kilgore – Rackspace; Scott Milner – Morgan Lewis; Kelly Twigger – ESI Attorneys, E-Discovery Assistant.

Leveraging Technology for Information Governance and Data Privacy

It’s now routine for organizations to turn to technology to solve eDiscovery problems, but only recently have they started to consider how data analytics and other tools can improve their information governance and data privacy initiatives. This session will explore new applications of legal technology tools for identifying sensitive data, such as personally identifiable information, banking information, and healthcare records, and redacting, anonymizing or otherwise remediating that information.

Key takeaways:

  • Cutting-edge LegalTech tools that can classify data, build data maps, and lower data storage costs
  • Applications that manage content and contracts Practical suggestions for assessing which technology is right for your unique information governance challenges
  • The business implications

Speakers: Matthew Miller – Consilio; Jan Dormsjo – Bank of America; Joanne Lane – Merck; Marla Crawford – Goldman Sachs.

3:00pm – 4:00pm:

Data Privacy and Data Protection Update

With the possible exception of climate change, data privacy and data protection may be the most important issues facing society as we embark on a new decade. Join us for our annual examination of developments in data privacy and protection, including the California Consumer Privacy Act (CCPA) and Europe’s General Data Protection Regulation (GDPR). We’ll look at mobile data, social media, and the Internet of Things, analyzing controversies from Amazon’s Alexa to Facebook. In addition, as we look ahead to the 2020 elections, we’ll examine the legal and technical aspects of alleged hacked elections, and what all these data privacy and protection challenges mean for you.

Key takeaways:

  • Briefing update on GDPR & CCPA
  • How do these data privacy laws impact social media & the IoT
  • Examining controversies involving Amazon’s Alexa & Facebook
  • A look ahead to the 2020 elections and its data privacy & protection challenges
  • Business of law implications

Speakers: Robert Brownstone – Fenwick & West LLP; David Horrigan – Relativity; Johnny Lee – Grant Thornton LLP; Debbie Reynolds – Debbie Reynolds Consulting LLP; Judge Andrew Peck – DLA Piper; Ryan O’Leary – IDC.

Using Analytics to Find the Signal in the Noise for Internal Investigations

Using Analytics to Find the Signal in the Noise for Internal Investigations So much information and so many questions: Today’s organizations need technology that can help them quickly sift through their data to find the answers to pressing internal issues. This session will use case studies to illustrate how various analytics can identify patterns in data, uncover hidden relationships between people and events, translate coded language, and organize disparate information into logical groups and concepts—helping investigators find the signal in the noise.

Key takeaways:

  • Matching the right tools and techniques to the particular investigation at hand
  • Addressing proactive uses of analytics to prioritize data collection efforts and audit document populations Identify training and monitoring priorities that can ward off impending problems
  • The business implications

Speakers: Allison Myers – Consilio; Richard Rauzi – Bank of America; John Koss – Mintz; Drew Pietro – Standard Chartered Bank; Danielle Panetta – Goodwin Procter.

In addition to these, there are other sessions today that may interest you.  For a complete description for all sessions today – and for the entire show, since they’re all on one page (even if you do have to click “Learn More” on each one to see them), click here.

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.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Welcome to Legaltech New York 2020!: eDiscovery Trends

Today is the start of Legaltech® New York (LTNY), and, for the tenth(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.  If you’re in the New York area, I encourage you to check out the show – there are a number of sessions available and over 158 exhibitors providing information on their products and services, including our company, CloudNine at booth #3000 in America’s Hall 2.

In addition to that, today and tomorrow, CloudNine will conduct its second annual NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for NineForum again this year, so if you are at the show, come check it out.  The schedule for the topics and speakers, along with everything else CloudNine at Legaltech is available here.

Not only that, but tomorrow from 4pm to 6pm is the 4th annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by EDRM, CloudNine and Compliance Discovery Solutions.  Believe it or not, you can still register here.  Once again, we have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Again.

There are several interesting sessions today related to eDiscovery, Information Governance, Cybersecurity and Data Privacy.  Side note: ALM has set up the Legaltech site this year where you have to click “Learn More” for each session to get the full description of it – very annoying!  I’ve opened them all up, so you don’t have to.  :o)  Sessions in the main conference tracks include:

11:30am – 12:30pm:

Getting Into the BlockTech Game

You’ve probably been inundated with BlockTech hype and chatter for the past couple years, but now is the time to cut through all the noise.  In this eye-opening session, we’ll cut through the hype to underscore legal DApps that are actually within use, with a glimpse into the very bright future of this technology.

Key takeaways:

  • Getting knowledgeable about smart contracts
  • Priming up the DApp solution landscape
  • Case studies where DApps have been successfully deployed
  • The future of BlockTech in law
  • Business of law implications

Speakers: Joe Dewey – Holland & Knight; Moshe Malina – Citi; Jeffrey Neuburger – Proskauer; Judith Rinearson – K&L Gates.

Tech Matters: Managing Legal and Ethical Issues at the Cutting Edge of eDiscovery

In just 10 years the case law around eDiscovery AI & Analytics has exploded. Over 100 published opinions specifically address TAR and Predictive Coding–evaluating complex and nuanced issues like defensibility, workflow design, protocol negotiation, and transparency obligations. In the meantime, dozens of state bar associations have imposed ethical obligations for lawyers to maintain technical competency, including within eDiscovery. Thomas C. Gricks III will lead an educational panel of experts covering the key legal issues around eDiscovery and technology.

Key takeaways:

  • Review the jurisprudence around technological competency obligations
  • Survey the key case law governing the application of machine learning to eDiscovery
  • Understand the potential ethical issues around technology

Speakers: Tom Gricks III – OpenText; Judge Andrew Peck – DLA Piper; David Stanton – Pillsbury Winthrop Shaw Pittman; Andrea D’Ambra – Norton Rose Fulbright

GDPR & CCPA are Fueling High Demand for On-Point RegTech Solutions Presented by Thomson Reuters

In this session, we’ll explore the State of RegTech solutions and how they’re being leveraged to automate compliance with key parts of the GDPR & CCPA.  In addition, we’ll examine how ALSPs are using these new technologies for large scale compliance projects. We’ll also provide a readout on the state of developments in global data privacy and protection law matters.

Key takeaways:

  • Key updates on GDPR & CCPA
  • Case studies where RegTech has been successfully deployed
  • Priming up on the solution landscape in data privacy & security
  • How ALSPs are leveraging these new technologies for large-scale compliance projects
  • Business of law implications

Speakers: Tess Blair – Morgan Lewis; Anju Khurana – BNY Mellon; Kenneth Rashbaum – Barton LLP; Courtney Stout – S&P Global; Sulina Gabale – Orrick.

2:00pm – 3:00pm

Are you TAR? Who Cares. How to Focus on what a System Does Rather Than on What it is Called

There is no question that machine learning is a key piece of the eDiscovery solution. Join this session to cut through the noise of terminology and learn the different functionalities, use cases, and methodologies necessary to evaluate the right tool for your needs. Jeremy Pickens, Ph.D. will lead an educational lecture to demystify the nomenclature, explain eDiscovery machine learning in plain language, and help attendees understand strengths and weaknesses along with workflow best practices. With nearly 50% of corporate legal teams having reported using some form of TAR already and another 80% expecting to increase spending on machine learning tools, now is the time to bring yourself up to speed.

Key takeaways:

  • Learn how to evaluate and compare different approaches and their relative strengths and weaknesses
  • Understand the terms and definitions of eDiscovery machine learning tools: TAR, Predictive Coding, CAL, Clustering & Concept Browsing
  • Review actual case metrics and statistical breakdowns of different workflows and their impact on the review process

Speakers: Ethan Ackerman – Morgan Lewis; Emily Cobb – Ropes & Gray; Jeremy Pickens – OpenText; Robert Keeling – Sidley Austin.

3:30pm – 4:30pm:

With Over $1B in Venture Backed Capital, Could We be on the Verge of Another Tech Bubble?

If you’re head’s spinning while trying to keep up with the recent explosion of legal AI companies & capraise pressers of the past couple years, this session will slow things down for you.  We’ll map out the new LegalTech landscape, key innovations, trendlines, and of course all the expectations that come with that hype. We’ll also profile the biggest players in the VC space and how they’re reshaping our profession.

Key takeaways:

  • Solution landscape of LegalTech startups per area of focus
  • Heatmapping the hottest growth areas of legal innovation
  • Profiling VCs funds that are investing most heavily in legal AI companies, and why
  • Business of law implications

Speakers: Tess Blair – Morgan Lewis; Brad Blickstein – Blickstein Group; James Goodnow – Fennemore Craig; Alex Nwaka – Touchdown Ventures; Wade Peterson – Fredrikson & Byron, P.A.; Christine Chalstrom – Sadie Blue Software.

Corporate Legal in Control: eDiscovery Benchmarks

Rapid developments in legal technology, a continuing focus on process excellence, and an emphasis on holistic innovation continue to fuel transformation in corporate legal departments. For the past four years, OpenText has partnered with Ari Kaplan Advisors to identify the key forces driving change in corporate LegalOps and this year’s results include some surprising trends. Join Ari and corporate legal professionals as we unveil this year’s survey results and discuss the highlights including:

Key takeaways:

  • eDiscovery program design: building the team, identifying processes to own & integration points
  • eDiscovery operations: tracking, measuring & managing projects
  • Vendor and firm management: provider ecosystems, consolidation & technology platform ecosystems
  • eDiscovery technology: AI adoption, cloud vs on premise mix & analytics in use
  • Future: pain points on the horizon, technology investment & evolving culture

Speakers: Ari Kaplan – Ari Kaplan Advisors; Adam Kuhn – OpenText; Sharika de Freitas – ViacomCBS; Sam Castor – Switch; Laura Roman – New York Stock Exchange (NYSE).

In addition to these, there are other sessions today that may interest you.  For a complete description for all sessions today – and for the entire show, since they’re all on one page (even if you do have to click “Learn More” on each one to see them), click here.

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.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Time for Another Legaltech Word Cloud(Nine): eDiscovery Trends

See what I did there?  ;o)  Yes, it’s Legalweek®!  And, Legaltech® starts tomorrow!  But, if you were to look at our latest word cloud, maybe the show should be called “Legaldata”?  Or maybe “Legalpriv”?

In some past years, we’ve covered InsideLegal’s word cloud and they’ve been creating a word cloud every year since 2011, which is the first year that eDiscovery Daily started covering the show – this is our tenth(!).  As of last Friday, they hadn’t done one yet this year, so we decided to create our own word cloud, using our CloudNine Review™ software platform.  In our own unscientific way.  Here’s what I did:

First, I opened up every main conference session on the Legaltech site (don’t get me started, and, you’re welcome!) and copied and pasted the descriptions into a text file.  Then, I stripped out as much extraneous text as I could (e.g., dates, speaker and firm names, etc.) to get to core descriptions of the sessions.  Then, I loaded the descriptions into our Review platform to create an index of the top 100 terms and a word cloud.  Simple enough?

So, what did we find?  Some quick observations:

  • Obviously, for a legal technology show, you would expect the terms “legal” and “technology” to be up there at the top. And, “legal” was the top term, with 87  But, “technology” wasn’t the second most popular term or even the third most popular one.  The term “data” was second in total hits with 69.  And, the term “privacy” was third with 42 hits.  This is why I suggested (tongue-in-cheek) that we rename the show “Legaldata” or “Legalpriv”.  The term “technology” was fourth with only 31 hits.
  • Terms five, six and seven in the list were “information” (28 hits), “business” (27) and “session” (26). So, maybe I didn’t strip ALL the extraneous text.
  • Other notable terms were “analytics” (eighth at 25 hits), “implications” (tied for ninth at 21 hits), “protection” (tied for fourteenth at 16 hits) and “automation”, “compliance” and “ediscovery” (all tied for sixteenth at 14 hits).

You can look at the word cloud above and make your own observations.  Starting tomorrow, for the tenth year in a row, we will point out sessions related to eDiscovery (as well as Information Governance, Cybersecurity and Data Privacy), so you can plan on which sessions to attend.

Just a reminder, CloudNine will be once again exhibiting at Legaltech, at booth 3000 in America’s Hall 2.  And, we’re once again excited to be co-sponsoring the annual #DrinkswithDougandMary cocktail reception with Mary Mack, Kaylee Walstad and the rest of the EDRM team!  This is our fourth year and we’re grateful to Marc Zamsky and Compliance Discovery for co-sponsoring as well.  It will once again be at Ruth’s Chris Steak house and will happen Wednesday, February 5 from 4-6pm.  You can register to attend here.  And, as I told you on Wednesday, we will be conducting another NineForum education series of TED-talk discussions from our booth, so please check that out as well!

So, what do you think?  Are you attending Legaltech this week?  If so, please feel free to stop by our booth!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

How Many States Have Outlawed Ransomware? You May Be Shocked: Cybersecurity Trends

Care to hazard a guess?  Ten?  Twenty?  More?  Try TWO.  Maryland is currently considering a bill to become only the third state after Michigan and Wyoming, to criminalize the possession and distribution of ransomware.

As noted by Bitdefender’s Hot for Security blog (with hat tip to Sharon Nelson’s Ride the Lightning blog), the bill understandably makes exceptions for penetration testing, security researchers, and other legitimate reasons to own ransomware.

Certainly a motivating factor may have occurred when hackers hit Baltimore, Maryland’s largest city, with a RobbinHood ransomware attack on May 7, 2019. All administrative transactions, payments and communications were frozen after city officials refused to pay the attackers. It took them more than eight weeks to restore all systems.  Following the attack, Baltimore City’s board allocated $10 million to an emergency ransomware response to prevent similar attacks. When the dust settled, the city estimated recovery costs at $18 million.

The current law in Maryland specifies that a cyberattack that incurs damages of less than $10,000 is a misdemeanor and carries a punishment of up to five years in prison and a fine up to $10,000. If the damages pass the $10,000 mark, it turns into a felony, and the punishment goes up to 10 years in prison.  The bill would dispense with limits for damages and raises the punishment to up to 10 years, even if it’s a misdemeanor.

This while the Insurance Journal reported (via Reuters – hat tip again to Ride the Lightning) last week that U.S. insurers are ramping up cyber-insurance rates by as much as 25% and trying to curb exposure to vulnerable customers after a surge of costly claims.  While there were 6% fewer ransomware incidents in 2019 versus the prior year (according to Malwarebytes), the average ransom of $41,198 during the 2019 third quarter more than tripled from the first quarter, according to Coveware, which helps negotiate and facilitate the payments.

By the way, if you remember our post from a couple of weeks ago regarding Apple and Attorney General William Barr’s claim that they weren’t helping to crack into password-protected iPhones used by Pensacola Navy base shooter Mohammed Saeed Alshamrani (Apple, for their part, disputed Barr’s assessment that it failed to provide “substantive assistance”), Naked Security reported that Apple, under pressure from the FBI, backed off plans to let iPhones users have end-to-end encryption on their iCloud backups.  Where did I find that out?  You guessed it – Ride the Lightning (via Sharon’s post here).  It’s the RTL trifecta!  :o)

Just a reminder, CloudNine will be once again exhibiting next week at Legaltech, at booth 3000 in America’s Hall 2.  And, we’re once again excited to be co-sponsoring the annual #DrinkswithDougandMary cocktail reception with Mary Mack, Kaylee Walstad and the rest of the EDRM team!  This is our fourth year and we’re grateful to Marc Zamsky and Compliance Discovery for co-sponsoring as well.  It will once again be at Ruth’s Chris Steak house and will happen Wednesday, February 5 from 4-6pm.  You can register to attend here.  And, as I told you on Wednesday, we will be conducting another NineForum education series of TED-talk discussions from our booth, so please check that out as well!

So, what do you think?  Are you surprised that there are only TWO states that criminalize ransomware?  Seriously, TWO?!?  Please share any comments you might have or if you’d like to know more about a particular topic.

Ransom Image Copyright © Touchstone Pictures

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Court Finds Plaintiffs’ Sanction Request To Be Too Late and Too Little: eDiscovery Case Law

Tom O’Connor and I had a great webcast yesterday regarding Important eDiscovery Case Law Decisions of 2019 and Their Impact on 2020, with plenty of interaction from the audience in the form of great questions and additional information!  So, how do we follow that up?  By continuing to build on this year’s case law collection.  :o)

In Nguyen v. Costco Wholesale Corp., No. 9:19-cv-80393 (S.D. Fla. Jan. 27, 2020), Florida Magistrate Judge William Matthewman denied the plaintiffs’ motion for sanctions for alleged spoliation of a video that the plaintiffs claimed showed an alleged slip-and-fall by plaintiff Chi Nguyen, finding that the defendant “did not have an affirmative duty to preserve the allegedly spoliated video” for a nearly two year period from the date of the fall to the date of the filing of the lawsuit and that the plaintiffs “fail to cite to a shred of evidence in support” in support of the claim that the video showed the slip and fall.

Case Background

In this case, the plaintiffs had previously filed a motion to compel the defendant to produce two photos taken by one of its employees as well as in-store surveillance videos that the defendant had claimed work-product privilege over and listed on its privilege log.  The defendant failed to timely respond to the plaintiffs’ motion, and the Court ordered the defendant to show cause as to why the motion should not be granted, to which the defendant responded that it had inadvertently failed to respond to the plaintiffs’ motion and that its “intent was always” to produce the video and photographs that the plaintiffs requested. Ultimately, the plaintiffs decided their Motion to Compel was moot and the Court denied the plaintiffs’ motion to compel accordingly.

However, the plaintiffs contended that the defendant never produced the “video showing the area” where plaintiff Chi Nguyen allegedly slipped and fell, arguing that the defendant improperly erased the video, resulting in “extreme irreversible prejudice” to the plaintiffs.  The defendant maintained that “there is no such video because no cameras in the store show this area” and that the plaintiffs never made a written request to preserve video information and thus it “had no duty to preserve any videos at all, much less video from a distant camera that did not capture the accident[.]”  The defendant produced affidavits in support of its position, but the plaintiffs produced no such affidavit or other evidence.

Judge’s Ruling

In considering the plaintiffs’ motion, Judge Matthewman observed: “Plaintiff Chi Nguyen originally brought her suit against Defendant in Florida state court on January 17, 2019…Her alleged slip-and-fall occurred on January 25, 2017, nearly two years prior to the filing of the Complaint.”  As a result, he ruled that “Defendant did not have an affirmative duty to preserve the allegedly spoliated video from the date of the fall (January 25, 2017) to the date of the filing of this lawsuit (January 17, 2019), a period of nearly two years after Plaintiff Chi Nguyen’s alleged slip-and-fall. Plaintiffs have provided no evidence that Defendant was given notice prior to the filing of this suit that Plaintiffs intended to file an action against it related to the alleged slip-and-fall. Moreover, merely because Plaintiff Chi Nguyen fell at Defendant’s store, absent additional facts, does not mean that Defendant reasonably anticipated litigation on the date of the alleged fall. No duty to preserve arose until after this lawsuit was served on Defendant. Without a duty to preserve the allegedly spoliated video, Plaintiffs’ motion for sanctions necessarily fails.”

Judge Matthewman also stated in denying the plaintiffs’ motion: “Even assuming Defendant did have a duty to preserve the allegedly spoliated video (which it did not), sanctions would still not be warranted unless the allegedly spoliated ESI was lost because Defendant failed to take reasonable steps to preserve it”, finding that “Defendant did not fail to take reasonable steps to preserve the allegedly spoliated evidence because the video was not ‘unique, relevant evidence that might be useful to’ Plaintiffs.”

So, what do you think?  What should constitute “reasonable anticipation of litigation” in a slip and fall case?  Please let us know if any comments you might have or if you’d like to know more about a particular topic.

Case opinion link courtesy of eDiscovery Assistant.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Today’s Webcast Will Teach You Key Case Law for 2019 and How it Affects 2020: eDiscovery Webcasts

2019 was another notable year for eDiscovery case law with several significant rulings that stand to impact eDiscovery practices, the admissibility of evidence and the potential of sanctions for discovery violations.  How can these key case law decisions affect discovery within your organization?  Today’s webcast that will discuss key case law rulings from last year and their impact on this year – and beyond.

TODAY at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Important eDiscovery Case Law Decisions of 2019 and Their Impact on 2020. In this one-hour webcast that’s CLE-approved in selected states, we will cover key 2019 case law decisions covered by the eDiscovery Daily blog and what the legal profession can learn from those rulings. Topics include:

  • Biometric Fingerprint Scanning and Privacy
  • Non-party ESI Requests in Litigation
  • Social Media Trends and Judge “Friending”
  • Password Provision and Fifth Amendment Protection
  • Staying Discovery while a Motion to Dismiss is Considered
  • Case Law Trends in Ephemeral Messaging App Discovery
  • Case Law Trends in Mobile Device Discovery
  • Sanctions Trends under Rule 37(e)
  • Sanctions and Case Strategy
  • Inadvertent Disclosures and Sanctions

As always, I’ll be presenting the webcast, along with Tom O’Connor.  To register for it, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  If you want to learn how key case law rulings from last year can impact this year, this webcast is for you!

Just a reminder that Legaltech® is part of Legalweek and will be held from February 4 through 6 at the New York Hilton Midtown.  And, CloudNine will be once again exhibiting at the conference, at booth 3000 in America’s Hall 2.  And, we’re once again excited to be co-sponsoring the annual #DrinkswithDougandMary cocktail reception with Mary Mack, Kaylee Walstad and the rest of the EDRM team!  This is our fourth year and we’re grateful to Marc Zamsky and Compliance Discovery for co-sponsoring as well.  It will once again be at Ruth’s Chris Steak house and will happen Wednesday, February 5 from 4-6pm.  You can register to attend here.  And, as I told you on Wednesday, we will be conducting another NineForum education series of TED-talk discussions from our booth, so please check that out as well!

So, what do you think?  Are you big on case law and like to second guess judicial decisions?  If so, please join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Legaltech 2020 Preview Edition: eDiscovery Trends

As you can tell by the new snazzy custom CloudNine NYC logo, Legaltech® begins in exactly one week!  Yes, I know that Legalweek® begins on Monday, but the heart of the week is the Legalweek conference.  Hey, I remember when the “T” in Legaltech was capitalized!  So, what’s happening this year?  Let’s take a look.

One thing that’s happening is that CloudNine will once again be at the show in a big way!  Of course, we will have a booth in America’s Hall 2 (booth #3000), but that’s not all.  On Tuesday and Wednesday, February 4th and 5th, CloudNine will launch its new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for our second annual NineForum, so if you are at the show, come check it out.  The schedule for the topics and speakers, along with everything else CloudNine at Legaltech is available here.

Not only that, but on Wednesday, February 5th from 4pm to 6pm is the 4th annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by EDRM, CloudNine and Compliance Discovery Solutions.  Meet the new boss, same as the old boss!  ;o)  Believe it or not, you can still register here.  Once again, we have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Again.

Anyway, as always, there are some interesting sessions happening at the show this year.  Here are some of the highlights.  Side note: ALM has set up the Legaltech site this year where you have to click “Learn More” for each session to get the full description of it – very annoying!  I’ve opened them all up and captured them, so you don’t have to.  :o)  Next week during the show, I’ll cover the main conference sessions each day that relate to eDiscovery, Information Governance, Cybersecurity and Data Privacy to give you a complete sense of options.  In the meantime, here are some notable sessions to check out at the show:

Tuesday, February 4:

11:30am – 12:30pm:

Tech Matters: Managing Legal and Ethical Issues at the Cutting Edge of eDiscovery

In just 10 years the case law around eDiscovery AI & Analytics has exploded. Over 100 published opinions specifically address TAR and Predictive Coding–evaluating complex and nuanced issues like defensibility, workflow design, protocol negotiation, and transparency obligations. In the meantime, dozens of state bar associations have imposed ethical obligations for lawyers to maintain technical competency, including within eDiscovery. Thomas C. Gricks III will lead an educational panel of experts covering the key legal issues around eDiscovery and technology.

Key takeaways:

  • Review the jurisprudence around technological competency obligations
  • Survey the key case law governing the application of machine learning to eDiscovery
  • Understand the potential ethical issues around technology

Speakers: Tom Gricks III – OpenText; Judge Andrew Peck – DLA Piper; David Stanton – Pillsbury Winthrop Shaw Pittman; Andrea D’Ambra – Norton Rose Fulbright

2:00pm – 3:00pm

Are you TAR? Who Cares. How to Focus on what a System Does Rather Than on What it is Called

There is no question that machine learning is a key piece of the eDiscovery solution. Join this session to cut through the noise of terminology and learn the different functionalities, use cases, and methodologies necessary to evaluate the right tool for your needs. Jeremy Pickens, Ph.D. will lead an educational lecture to demystify the nomenclature, explain eDiscovery machine learning in plain language, and help attendees understand strengths and weaknesses along with workflow best practices. With nearly 50% of corporate legal teams having reported using some form of TAR already and another 80% expecting to increase spending on machine learning tools, now is the time to bring yourself up to speed.

Key takeaways:

  • Learn how to evaluate and compare different approaches and their relative strengths and weaknesses
  • Understand the terms and definitions of eDiscovery machine learning tools: TAR, Predictive Coding, CAL, Clustering & Concept Browsing
  • Review actual case metrics and statistical breakdowns of different workflows and their impact on the review process

Speakers: Ethan Ackerman – Morgan Lewis; Emily Cobb – Ropes & Gray; Jeremy Pickens – OpenText; Robert Keeling – Sidley Austin.

3:30pm – 4:30pm:

With Over $1B in Venture Backed Capital, Could We be on the Verge of Another Tech Bubble?

If you’re head’s spinning while trying to keep up with the recent explosion of legal AI companies & capraise pressers of the past couple years, this session will slow things down for you.  We’ll map out the new LegalTech landscape, key innovations, trendlines, and of course all the expectations that come with that hype. We’ll also profile the biggest players in the VC space and how they’re reshaping our profession.

Key takeaways:

  • Solution landscape of LegalTech startups per area of focus
  • Heatmapping the hottest growth areas of legal innovation
  • Profiling VCs funds that are investing most heavily in legal AI companies, and why
  • Business of law implications

Speakers: Tess Blair – Morgan Lewis; Brad Blickstein – Blickstein Group; James Goodnow – Fennemore Craig; Alex Nwaka – Touchdown Ventures; Wade Peterson – Fredrikson & Byron, P.A.; Christine Chalstrom – Sadie Blue Software.

Wednesday, February 5:

9:00am – 10:00am:

Plenary Session – Blockchain and Emerging Technology Researcher Bettina Warburg

With a gift of clearly explaining complex—and confusing—technologies, Blockchain researcher Bettina Warburg educates executives in leveraging emergent technologies including AI, IoT, and others. Click here to view her TED talk on how blockchain will transform the economy.

Speaker: Bettina Warburg, Blockchain researcher, entrepreneur and educator, Co-founder, Animal Ventures, Tech on Politics.

11:00am – 12:00pm:

Mobile Data: Issues in Data Privacy and Data Protection

Mobile data has become arguably the most important source of information in litigation, investigations, and just about every form of data discovery—and data privacy and data protection are arguably the biggest challenges with mobile data. Have we lost the battles over data privacy and data protection with our data exposed for all to see? Is more evidence a bad thing? Join us for a lively conversation as leading authorities in legal forensics and mobile technology discuss and debate the vital mobile data issues of the day and discuss mobile protocol best practices.

Key takeaways:

  • Key privacy issues posed by mobile data
  • Best mobile practices from leading authorities in legal forensics & mobile technology
  • Business & discovery implications of mobile technologies

Speakers: David Horrigan – Relativity; Gail Gottehrer – Law Offices of Gail Gottehrer; Ed McAndrew – DLA Piper; Ines Rubio – BSI; Ruth Hauswirth – Cooley LLP; Shahaf Rozanski – Cellebrite, Inc.

1:30pm – 2:30pm:

Your Career in Data Discovery, Data Privacy, and Data Protection

Legal careers are changing rapidly, and technology is a major force driving these professional opportunities. No longer are career paths siloed between law and technology—instead legal technologists in a variety of roles are changing what it means to be a legal professional—especially in data discovery, data privacy, and data protection. The wave that brought us the chief information officer a few years ago is now creating opportunities for new roles such as data privacy officer, chief information security officer, data science attorney, and chief transformation officer. In this session, we’ll examine these new career opportunities with perspectives from legal professionals and legal recruiters.

Key takeaways:

  • Career statistics & trends in data privacy and related fields
  • Certifications & degrees that matter most
  • Salary ranges for various positions
  • Business implications

Speakers: David Horrigan – Relativity; Jared Coseglia – TRU Staffing Partners; Ines Rubio – BSI; David Kilgore – Rackspace; Scott Milner – Morgan Lewis; Kelly Twigger – ESI Attorneys, E-Discovery Assistant.

Thursday, February 6:

9:00am – 10:00am:

Judicial Foresight is 2020 at Legalweek: A View From the Bench

Join us for ALM’s open-to-all legendary Judicial Keynote Session as the panel discusses the cases that made (or missed) the ALM headlines in 2019-2020.  Caselaw discussions will focus on the ever changing landscape of data and biometric privacy, privilege disputes, spoliation, recent news in iPhone forensics and social media discovery in litigation.   The panel will also survey the audience to provide meaningful feedback on ethic obligations under the ABA Rules.

Speakers: Hon. Timothy Driscoll, Justice of the Supreme Court, State of New York; Judge Andrew Peck, Senior Counsel, DLA Piper; Hon. Willie J Epps, Jnr, United States Magistrate Judge, United States Western District of Missouri; Patrick Oot, Partner, Co-Chair, Data & Discovery Strategies Practice Group, Shook, Hardy & Bacon L.L.P.; Hon. J Michelle Childs, United States District Judge, District of South Carolina.

12:30pm – 1:30pm:

“7 “Reasonable Steps” for Legal Holds of ESI and Other Documents

A session based on the wildly popular book published by ARMA International, you’ll learn about the 7 “reasonable steps” and get an update on where things have changed since the original publication.

Key Takeaways:

  • Learn about the 7 “reasonable steps”.
  • Understand how expectations have changed over time.
  • Gain actionable knowledge that you can apply to your handling of ESI.

Speakers: John Isaza, Esq – Rimon, P.C.; John Jablonski, Esq – Gerber Ciano Kelly Brady LLP.

That’s just a sampling of the sessions at Legaltech next week.  If you’re there, look me up at the CloudNine booth, especially during the NineForum sessions!  Hope to see you there!

So, what do you think?  Are you going to Legaltech next week?  It’s just a week away!  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily 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. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.