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Sam Kakoty

Wednesday’s ILTACON 2019 Sessions: eDiscovery Trends

It’s a rare two-post day for us at eDiscovery Daily.  As we always do, we’re covering the notable sessions to check out at ILTACON today.  But I’m also speaking at Litigation Support Day today in Session One (9:00 AM – 10:30 AM) on Legal Trends, discussing the most interesting case law decisions for 2019 so far with my good friend, David Horrigan!  If you’re attending that session, no need to take copious notes – the cases that we plan to discuss are also referenced and linked in this post here.  Hope to see y’all there!

As noted yesterday and Monday, the International Legal Technology Association (ILTA) annual educational conference of 2019 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will once again be covering the show and, this year, CloudNine will exhibiting at the show and participating in a major way.  There’s still time to check out the show at the Walt Disney World Swan and Dolphin Resort in sunny Orlando area with a number of sessions available and as many as 191 exhibitors providing information on their products and services.

CloudNine will be exhibiting again at booth #624 and we have several exciting new features and enhancements to showcase at this year’s show (that we announced last week here).

Sessions of interest in the main conference tracks today include (all times ET):

9:00 AM – 4:15 PM:

Litigation Support Day: ILTACON’s Litigation Support DAY is a new concept in educational programming at ILTACON, featuring a DAY of SPARK (Short, Provocative, Action-oriented, Realistic, and Knowledgeable) talks by leaders in the industry.  Organized by David Hasman of Bricker & Eckler, David Horrigan of Relativity, and Philip Weldon of Fried Frank, this day will be moderated by David Horrigan, and the program will feature presentations on everything from cloud transformation to career development and job interview techniques. We will wrap up the day with a keynote presentation by Justice Tanya Kennedy, New York State Supreme Court, New York County.

9:00 AM – 10:30 AM – LITIGATION SUPPORT DAY—Session One, Litigation Support State of the Union: Joy Heath Rush, ILTA CEO will kick off our day with opening remarks and then Mary Mack of ACEDS will deliver a Litigation Support State of the Union. Additionally in this session we will examine the history of litigation support, market and industry trends and data, disruptive forces and start-ups, and data privacy.

10:45 AM – 11:45 AM – LITIGATION SUPPORT DAY —Session Two, The Great Equalizer: Cloud Transformation.  Session Two’s analysis of the cloud transformation begins with an examination of where data can be found in the cloud and around the enterprise.  Speakers in Session Two will also discuss how the cloud helps organizations stay competitive, hybrid on-premises—cloud approaches, and the challenges of cross-border discovery in international matters.

12:15 PM – 1:00 PM – LITIGATION SUPPORT DAY —Luncheon Speaker, Ari Kaplan, Founder, Ari Kaplan Advisors. (Lunch provided in foyer of meeting room)

1:30 PM – 2:30 PM – LITIGATION SUPPORT DAY —Session Three, Tools and Technologies Impacting Legal Services, Litigation Support, and Legal Operations.  In this session, speakers will cover tools such as machine learning and other forms of artificial intelligence, Bitcoin, and the dilemmas created by the rapidly expanding use of messaging apps and ephemeral data.

2:45 PM – 3:30 PM – LITIGATION SUPPORT DAY —Session Four, Professional Development: Advancing Your Career.    This session will give you background on the state of the market and tips for advancing your career.  Hear from legal technology recruiters as they discuss what they seek in job candidates. In addition, successful practitioners will explain new business models and what they mean for the future of legal support and legal operations.

3:45 PM – 4:15 PM -LITIGATION SUPPORT DAY —Keynote, Justice Tanya Kennedy, New York State Supreme Court, New York County.

Speakers Include: Joy Heath Rush, CEO ILTA; Wendy L. King, Senior Managing Director FTI Consulting; Craig Carpenter, CEO X1 Discovery; David Horrigan, E-Discovery Counsel and Legal Content Director Relativity; Craig Ball, ESI Special Master and Texas Attorney Craig D. Ball, P.C.; Dera J. Nevin, Senior Associate, International Commercial Baker & McKenzie; Jared Coseglia, Founder & Ceo TRU Staffing Partners, Inc.; David Greetham, Vice President of eDiscovery Operations Ricoh USA, Inc.; Mary Mack, Enterprise Technology Counsel ACEDS – Association of Certified E-Discovery Specialists; Patrick Joseph Burke, Partner, Chair of Data Technology & Cybersecurity Phillips Nizer LLP; Chris Haley, Director of Legal Technology Troutman Sanders LLP; Doug Austin, Vice President of Products/Services CloudNine; Scott Milner, Partner Morgan, Lewis & Bockius, L.L.P.; Nicole MacCallum, Strategic Talent Manager Lighthouse; Sara Skeens, Principal Associate, Technical Capital One Legal Department; Steven Berrent, Managing Director Deloitte; Ari Kaplan, Principal Ari Kaplan Advisors; David Bryant Isbell, Managing Director, Global eDiscovery and Data Advisory Baker & McKenzie; Debbie Reynolds, Director of eDiscovery Eimer Stahl LLP; Rob Robinson, Chief Marketing Officer HaystackID; Meagan Sauve, eDiscovery Consultant Allen & Overy LLP; Antonia Karlan, Principal Control Risks; Kelly Friedman, National Counsel, Discovery Services Borden Ladner Gervais; Bryant Lee, Founder Cognition IP; The Honorable Tanya R. Kennedy, Supreme Court Justice, New York County; Marcin Wojtczak, VP – Head of Strategy, Biz Ops, Analysis & International Growth Relativity; Kenya Dixon, Director, White House Information Governance; Rosemary Kuperberg, Assistant General Counsel & DPO; Amanda Fennell, CSO Relativity; Mike Gamson, CEO Relativity.

11:30 AM – 12:30 PM:

Landscape of Information Governance for Small Firms: As the number of requirements from clients and regulatory agencies increase, the need for an Information Governance program is becoming more important in firms of all sizes.  In this session we will discuss how you can develop and implement  a program that is right-sized for you.

Areas of discussion:

  • What is information governance?
  • Who is responsible for managing the availability, usability and security within the firm?
  • Developing a program for managing data
  • How can technology assist?
  • Pain points
  • Managing change within the firm

Takeaways:

  • Tips and tricks for doing simple things that make a difference
  • How to argue for more resources in this area
  • How to manage with no resources
  • How to convince firm that IG is important
  • How and what can be outsourced here?
  • How do you determine what is required?
  • What are the big firms doing that you can implement?
  • How do you get started?

Speakers include: Rebecca Sattin, CIO Worldox; Chad Ergun, Chief Information Officer Davis Graham & Stubbs LLP.

1:30 PM – 2:30 PM:

Using Artificial Intelligence to Automate Lawyer Work Product: It’s No Longer a Pipe Dream: We are now seeing AI tools actively in use by lawyers, helping them prepare drafts of  briefs, pleadings, discovery, and agreements at the touch of a button. This session will survey these tools and explore how they are improving legal service delivery and document drafting. We will also discuss some common concerns about these AI tools and why firms should not fear the Robot Lawyer.

Takeaways:

  • Gain a practical understanding of what tools are in the marketplace that can automate some aspects of legal work
  • Learn how law firms and technology organizations that have applied these tools to create efficiency and workflow enhancements

Speakers include: Patrick DiDomenico, Chief Knowledge Officer Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; Gwyneth McAlpine, Director of Knowledge Management Services Perkins Coie; Michael Bohner, Managing Discovery Attorney Cleary Gottlieb Steen & Hamilton LLP.

So, what do you think?  Are you attending ILTACON 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.

Tuesday’s ILTACON 2019 Sessions: eDiscovery Trends

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2019 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will once again be covering the show and, this year, CloudNine will exhibiting at the show and participating in a major way.  There’s still time to check out the show at the Walt Disney World Swan and Dolphin Resort in sunny Orlando area with a number of sessions available and as many as 191 exhibitors providing information on their products and services.

CloudNine will be exhibiting again at booth #624 and we have several exciting new features and enhancements to showcase at this year’s show (that we announced last week here).

Sessions of interest in the main conference tracks today include (all times ET):

1:30 PM – 2:30 PM:

Data Privacy – Everyone’s Getting In On It – Privacy From Europe to California and Beyond: HIPAA, DFS, GDPR…data privacy regulations keep evolving.  The implementation of the California Consumer Privacy Act (CCPA) is next on the horizon.  Other states and the federal government are also considering similar laws.

How will your existing procedures need to be revised in order to comply with the latest regulations?  What lessons learned from other data privacy requirements can be applied as you navigate the ever changing landscape?

Takeaways:

  • What do I have to do to prepare for the future?
  • What has been effective in the past that will help in the future?

Speakers include: Lauren Doerries, Information Governance Business Process Manager Morgan, Lewis & Bockius, L.L.P.; Tsutomu Johnson, CEO, PB Lab Parsons Behle & Latimer; Michelle Merola, Partner Hodgson Russ LLP.

3:30 PM – 5:00 PM:

Information Governance Roundtable – Security Edition: Join Information Governance professionals for a round table discussion on Information Governance strategies and trends.  The small group question and discussion format encourages participation from all attendees to take detailed dives into IG strategies.

Takeaways:

  • Identify trends fellow Information Governance professionals encounter
  • Share and learn strategies for tackling Information Governance goals

Speakers include: Al Pica, Senior Manager of Information Governance Ropes & Gray; Kathleen Jimenez, Information Governance Manager White & Case LLP; Jessica Marlette, Information Governance Counsel White & Case LLP.

Machine Learning and AI in Action (AI Series, Session 2): Demystify Machine Learning and AI by walking through a real-world example of a working model.  We will walk through all the steps – from prototyping to production – of developing a machine learning algorithms. We’ll look at data cleaning, model building/evaluation, and deployment. Explore how you take your new model and apply it/integrate it into applications.

Takeaways:

  • Learn how to bring solutions to market fast
  • Learn what it takes to build a successful machine learning model
  • Learn the importance of data quality

Speakers include: Svetlana Grigoryeva, Manager, Application Development Shearman & Sterling, LLP; Shawn Hainsworth, Senior Architect/Developer & Programmer Cooley LLP; Dan Harsell, Senior VP, Technology Intapp.

So, what do you think?  Are you planning to attend ILTACON 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.

Oasis and CloudNine Partner to Deliver CloudNine’s Popular eDiscovery Software in the Cloud

Oasis and CloudNine Partner to Deliver CloudNine’s Popular eDiscovery Software in the Cloud

CloudNine’s LAW, Concordance and Explore Products Are Now Available via the Oasis Private Cloud

LOS ANGELES AND HOUSTON – August 19, 2019 – Today at ILTACON 2019 in Orlando, Oasis and CloudNine® announced their new partnership and the opportunities it provides to the electronic discovery (eDiscovery) community. Oasis, a well-known IaaS (Infrastructure-as-a-Service) provider, is now delivering three eDiscovery software platforms – CloudNine Explore™, LAW™ and Concordance® – in the fully managed Oasis private cloud. CloudNine Review™ delivery is near completion and will be available in the Oasis environment in Q4, 2019.

Together, Oasis and CloudNine provide a scalable, turnkey eDiscovery software platform that is cost-effective. With Oasis, CloudNine’s software applications are now available with a reduced IT burden, quicker deployments, lower cost-of-entry, rapid scalability, SLA-backed reliability, and world-class security.

“CloudNine, and the applications they now manage, have been a backbone of this industry for decades,” said Brandon Law, CEO of Oasis. “Now, as the world moves to the cloud, we’re excited to take our favorite applications like Concordance, LAW and Explore to the next level.”

Brad Jenkins, Co-Founder and Board Member at CloudNine, commented, “We chose to partner with Oasis because of their deep knowledge in infrastructure management and cyber security as well as their specific expertise in the intricacies of electronic discovery. Furthermore, Oasis has built an excellent reputation, having supported over 50 legal service providers with infrastructure and eDiscovery software over the last seven years, which gives us and our clients great confidence in their reliability.”

CloudNine (booth # 624) and Oasis will both be available for meetings at ILTACON 2019 on Monday, August 19th through Thursday, August 22nd.

About CloudNine Discovery: Founded in 2002 and based in Houston, CloudNine (cloudnine.com) is a technology company with expertise in simplifying the data discovery process. Through its on and off-premise software brands, including CloudNine Explore™, LAW™, Concordance® and Review™, the company helps its more than 1,000 legal and corporate customers gain insight and intelligence on electronic data. CloudNine has been highlighted by industry experts in reports, reviews, and surveys including Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the New York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily blog, a popular, trusted source for legal industry information. For more information, email info@cloudnine.com.

About Oasis Discovery: Oasis provides secure, private cloud solutions specifically designed for electronic discovery. Since 2012, Oasis has been delivering a fully integrated solution that includes data center, server infrastructure, software administration and all the service layers in between.

Oasis has earned a reputation as the “vendor to the vendors” by supporting over 50 legal server providers with infrastructure and software solutions from behind the scenes. The company is based in Los Angeles. Learn more at oasisdiscovery.com or contact info@oasisdiscovery.com.

For more information contact:
Christy Burke, President, Burke & Company PR
cburke@burke-company.com
917.623.5096

Welcome to ILTACON 2019!: eDiscovery Trends

The International Legal Technology Association (ILTA) annual educational conference of 2019 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions.  As always, eDiscovery Daily will once again be covering the show.  Over the next four 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.

CloudNine will be exhibiting again at booth #624 and we have several exciting new features and enhancements to showcase at this year’s show (that we announced last week here).

If you’re in the Orlando area, come check out the show at the Walt Disney World Swan and Dolphin Resort – there are a number of sessions available and as many as 191 exhibitors providing information on their products and services.  Sessions of interest in the main conference tracks today include (all times ET):

11:30 AM – 12:30 PM:

Outsource the App, But You Can’t Outsource Your Responsibility: As cloud-based solutions gain momentum with both law firms and corporate law departments, and Software-as-a-Service (SaaS) is becoming more prevalent for software delivery and licensing model, gone are the ways of heavy in-house IT development for software.  As the industry moves toward outsourcing these cloud-based, SaaS-based solutions, one can’t help but wonder who ultimately has the responsibility of making sure everything is “ok”?  With news of data breaches happening more often than we want to hear, who ultimately has responsibility for data privacy and security? Who is ultimately responsible for making sure data preservation and collection is conducted with the utmost quality and precision?  Lastly, are there advantages or disadvantages from both technology and process perspective that cloud-based and SaaS-based solution edges out the traditional install-on-our-server mentality?

Takeaways:

  • Learn how the move of applications to the cloud changed collection and preservation

Speakers include: Tim Hood, Senior Advisor Redgrave LLP; Brent Holmes, eDiscovery Program Director & Head of Legal Technology Siemens Corporation; Canaan Himmelbaum, Global Director Consilio.

2:00 PM – 3:00 PM:

Blockchain, Cryptocurrency & Smart Contracts; Disputes & Investigations Best Practices: As the viability and range of blockchain and cryptocurrency solutions become more evident, and as adoption ramps up, business and legal professionals should begin thinking about their potential uses, as well as how to effectively manage related disputes, investigations, and litigation. Providing definitions for innovations like blockchain, Smart Contracts and cryptocurrencies, this session will review past and present cases related to this emergent technology. Likewise, we’ll discuss current applications and their challenges and opportunities. From understanding the judicial system to dealing with discovery requests, we’ll explain investigative techniques and capabilities of cryptocurrencies and why this is not the normal investigation/discovery process.

Speakers include: Steven McNew, Senior Managing Director, Blockchain, Information Governance, Privacy & Security FTI Consulting.

3:30 PM – 5:00 PM:

Pitch Your Litigation Support Challenges: Submit your most difficult Litigation Support Challenges to our panel of experts and they’ll resolve them magically before your very eyes utilizing years of expertise and problem-solving skills.  At least they’ll try.  Either way, it should be entertaining and informative.

Speakers include: Thomas Morrissey, Sr. Director – Legal Ops & eDiscovery Purdue Pharma L.P.; Stephen Dooley, Acting Director of Electronic Discovery and Litigation Support Sullivan & Cromwell LLP; Duane Lites, Director, Litigation Support Jackson Walker L.L.P.; Chris Haley, Director of Legal Technology Troutman Sanders LLP; Catherine McPherson, Litigation Management Consultant Bartlit Beck LLP.

And, of course, you don’t want to miss the Exhibit Hall Opening ReceptionA Whole New World of Possibilities-A Journey through Classic TV – from 7:00 PM – 9:00 PM ET.  Come join us at booth #624 and see what Classic TV show we decided to commemorate!

So, what do you think?  Are you planning to attend ILTACON 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.

NEW RELEASE ANNOUNCEMENT: CloudNine LAW™ 7.2 and EXPLORE™ 7.2

We are passionate about serving our legal community and helping our over 1,000 clients answer pressing data discovery questions, daily.  From this, we are pleased to announce the release of LAW 7.2 and Explore 7.2, which continue to improve upon the path set at Legal Week 2019.

We’re proud to offer dedicated teams and investment for CloudNine Explore, LAW, Concordance and a complete channel partner group that is dedicated to supporting our law firm and corporate in-house customers. We hope you enjoy these new features, and we’re excited to hear your feedback as we work towards greater opportunities for the future of LAW and Explore.

LAW 7.2 focuses on providing flexible workflows for Turbo Import users, as well as powerful controls for organizing your data.  Explore 7.2 users can enjoy improved system reliability, scalability, and performance when processing millions of documents and large files using a large number of agents.

LAW 7.2 Enhancements:

  • Introducing “Import Sets” – a new way for you to organize and label Turbo Import datasets, allowing to you organize and bucket data for additional processing
  • Turbo Import now processes data up to 25% faster compared to 7.1.
  • Additional workflows for Turbo Import:
    • Tag List Support
    • Delimited Text overlay support
  • Users can now upload legacy case lists to the LAW Management database via the LAW Configuration Utility
  • New Turbo Import Output Folder Controls provide flexibility in structuring LAW folders.
  • LAW TSI (Touch Screen Interface) is now compatible with the LAW 7.2 environment structure.
  • LAW TSI (Touch Screen Interface) has been updated for Windows 10 compatibility against Windows 10 OS Build 17134.
  • LAW’s Concordance Desktop export now supports remote server connection with Concordance Desktop version 1.07.
  • NIST databases can now be configured with custom SQL Logins and Locations
  • Added Support for processing RAR 5+ archive formats

Explore 7.2 Enhancements:

  • Explore now offers output folder controls for LAW Direct Exports, providing flexibility in structuring LAW folders by Custodian, Source, and/or Import Sessions
  • Explore processes data up to 25% faster compared to 7.1
  • Improved performance when extracting large files from archive containers
  • Improved system reliability, scalability, and performance when processing millions of documents and large files using a large number of agents.
  • Added Support for processing RAR5+ archive formats

Important Notes: 

Update for Turbo Import Users:Due to some changes with the installer, the LAW service will be removed from your local machine when upgrading from 7.1 to 7.2. After installing the 7.2 update, please run the LAW Configuration Utility to reconfigure your LAW Service.
Explore Update:Over the next 6 months, we will be placing more focus on the benefits of the Explore Web workflow. As a result, the first steps will involve moving the process of searching fully into the Web and removing search from the Explore Desktop application – we intend on beginning this journey this summer.  We understand there may be a learning curve, and we are prepared to make this an easy transition for our Explore customers who may not yet be leveraging the Web advantages; feel free to contact LAW Support for assistance with questions regarding the Web setup and usage. If you have questions or feedback on Explore, please contact your CloudNine Account Manager.
Microsoft® Windows 7 Update:Windows 7 will reach End of Life on January 14th, 2020. With this in mind, we have performed only limited testing on Windows 7 with LAW/Explore 7.2 and will be dropping support completely later this year. For more information on Microsoft End of Life policies and upgrading to Windows 10, please refer to https://www.microsoft.com/en-us/windows/windows-7-end-of-life-support-information

If you have any questions, please contact CloudNine Technical Support.

Email: lawsupport@cloudnine.com
Phone: (713) 462-6464, ext. 12

We look forward to hearing your feedback!

What is the Future of the Legal Technology Conference?, Part Three

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Thinking Like a Millennial: How Millennials are Changing Discovery.  Now, Tom has written another terrific overview regarding the state of legal technology conferences titled What is the Future of the Legal Technology Conference? that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into three parts, so we’ll cover each part separately.  Part one was Monday, part two was Wednesday, here is the third and final part.

My Observations Regarding Legal Tech Conferences

Are we left, then, with no true educational conferences?  Not entirely, as the Georgetown Law Advanced EDiscovery Institute offers a great value of 2 days of intense educational sessions every fall, albeit in one narrow field only and Prex makes a similar strong educational showing . But by and large, bar associations have taken up a large part of the slack, mostly at local or regional level.

The leader in that category is the ABA TechShow. Now in it’s 34th year and held in Chicago every year since 1989, TechShow has always had an emphasis on assisting attendees learn technology skills. In the same category are state and local bar association shows such as the Louisiana Bar Solo and Small Firm Conference, the Wisconsin Bar Solo and Small Firm Conference or the Illinois Bar Solo & Small Firm Conference, all of which offer a similar focus on skills necessary for the competent practice of law.

There is, however, another category of conference which has become increasingly predominant as traditional conferences fall off.  These are user conferences, which fall into two distinct types, general user group meetings and product specific user meetings.

The undisputed leader of the first category is ILTACON, the annual technology conference for members of the International Legal Technology Association. This 4-day conference (which is also open to non-members) once concentrated on large firms but now brings together legal technologists from small to large sized law firms, corporate and government law departments, academia and the G100 firms. Although it too has begun to drift more and more into the area of vendor speakers (this year’s conference has a Litigation Support Day with three organizers, one of whom is from legal technology giant Relativity and is also serving as Moderator for the day’s activities), I think it is no stretch to say that the 140 + sessions at this conference offer a deep dive into every facet of legal technology that is unparalleled in the conference world.

Other user groups like Sedona, CLOC, LMA and most especially the unfortunately often overlooked AALL, offer educational conferences primarily to members and remain true to the educational paradigm, while the area of user groups for specific products has both exploded and expanded to provide general educational sessions beyond the scope of just their own product information. Chief among these are the Clio Cloud Conference, Infusion by Exterro and the long standing Ipro Tech Show.  But, the one that stands head and shoulders above the others is Relativity Fest.

Offered every year in Chicago, Relativity Fest has thousands of attendees from 29 countries, participating in 17 workshops and over 180 sessions with more than 300 speakers.  The content covers everything from hands on training and certification in the Relativity product line but also numerous sessions on basic legal subjects with 19 subject qualifying for CLE credit at the 2018 conference. Much of the credit for that latter category goes to David Horrigan, Relativity Discovery Counsel and Legal Education Director, who does yeoman’s work overseeing the non-product specific sessions including an annual Judges Panels that is on my must attend list every year.

So, are big tech shows dead?  Well, I’d say as consistent sources of educational content, they are trending down.  Certainly, they are still a factor but exhibitor attendance is down and as we saw in New York this year, more vendors will focus on offsite activities in which they can completely control content. The trend seems to be for those with products or services to sell attending and networking but not exhibiting. The shows more specifically focused on users, specific practice areas or even user groups will continue to grow. I also predict that live streaming for both speakers and attendees, such as the U of Florida has done for several years now, will grow in prominence.

The big struggle will be to get the decisions about what is important to develop in the hands of the consumers: that is the attendees.  In his column noted in the previous part, Bob Ambrogi referenced legal scholar and economist Gillian K. Hadfield who argues for how to reinvent law for a global economy in her book, Rules for A Flat World.

Her recommendations? First, “Don’t leave it to the lawyers.” She recommends rather that the conversation needs to include those who are “paying the price of inadequate, complex, and costly legal infrastructure.”

In other words, let’s get the clients involved in deciding what is most important at a tech show. The product users, the people who argue the motions (there are some litigators still left out there, right?), the folks who process the data and review the documents.  They vote with their wallets and attendance figures will tell us who the winners are.

Is anyone listening?

So, what do you think?  Do you attend legal tech conferences and do you think attendance has proven valuable to you over the years?  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.

Quality Control, Making Sure the Numbers Add Up: eDiscovery Throwback Thursdays

Here’s our latest blog post in our Throwback Thursdays series where we are revisiting some of the eDiscovery best practice posts we have covered over the years and discuss whether any of those recommended best practices have changed since we originally covered them.

This post was originally published on September 18, 2012 – when eDiscovery Daily was not quite two years old.  While it doesn’t exactly link to our just concluded two part series, it does tie in nicely and has been referenced in numerous webcasts since.  Our seven-custodian example might be a bit light for the amount of email we get today, but it’s still a relevant exercise.  Enjoy!

Let’s walk through a scenario to show how the files collected are accounted for during the discovery process.

Tracking the Counts after Processing

We know there are typical categories of excluded files after processing: filtered files, NIST (National Institute of Standards and Technology list of files that are known to have no evidentiary value) and system files, exception files and duplicate files.  These can be a significant portion of the collection.  Obviously, what’s not excluded is available for searching and review.  Even if your approach includes a technology assisted review (TAR) methodology such as predictive coding, it’s still likely that you will want to do some culling out of files that are clearly non-responsive.

Documents during review may be classified in a number of ways, but the most common ways to classify documents as to whether they are responsive, non-responsive, or privileged.  Privileged documents are also typically classified as responsive or non-responsive, so that only the responsive documents that are privileged need be identified on a privilege log.  Responsive documents that are not privileged are then produced to opposing counsel.

Example of File Count Tracking

So, now that we’ve discussed the various categories for tracking files from collection to production, let’s walk through a fairly simple eMail-based example.  We conduct a fairly targeted collection of a PST file from each of seven custodians in a given case.  The relevant time period for the case is January 1, 2010 through December 31, 2011.  Other than date range, we plan to do no other filtering of files during processing.  Duplicates will not be reviewed or produced.  We’re going to provide an exception log to opposing counsel for any file that cannot be processed and a privilege log for any responsive files that are privileged.  Here’s what this collection might look like:

  • Collected Files: 101,852 – After expansion, 7 PST files expand to 101,852 eMails and attachments.
  • Filtered Files: 23,564 – Filtering eMails outside of the relevant date range eliminates 23,564 files.
  • Remaining Files after Filtering: 78,288 – After filtering, there are 78,288 files to be processed.
  • NIST/System Files: 0 – eMail collections typically don’t have NIST or system files, so we’ll assume zero files here. Collections with loose electronic documents from hard drives typically contain some NIST and system files.
  • Exception Files: 912 – Let’s assume that a little over 1% of the collection (912) is exception files like password protected, corrupted or empty files.
  • Duplicate Files: 24,215 – It’s fairly common for at least 30% of the collection to include duplicates, so we’ll assume 24,215 files here.
  • Remaining Files after Processing: 53,161 – We have 53,161 files left after subtracting NIST/System, Exception and Duplicate files from the total files after filtering.
  • Files Culled During Searching: 35,618 – If we assume that we are able to cull out 67% (approximately 2/3 of the collection) as clearly non-responsive, we are able to cull out 35,618 files.
  • Remaining Files for Review: 17,543 – After culling, we have 17,543 files that will actually require review (whether manual or via a TAR approach).
  • Files Tagged as Non-Responsive: 7,017 – If approximately 40% of the document collection is tagged as non-responsive, that would be 7,017 files tagged as such. Results can vary widely on the document collection, culling accuracy and review process, of course.
  • Remaining Files Tagged as Responsive: 10,526 – After QC to ensure that all documents are either tagged as responsive or non-responsive, this leaves 10,526 documents as responsive.
  • Responsive Files Tagged as Privileged: 842 – If roughly 8% of the responsive documents wind up being privileged, that would be 842 privileged documents. Again, the number of responsive files can vary widely, depending on the file collection and privilege considerations.
  • Produced Files: 9,684 – After subtracting the privileged files, we’re left with 9,684 responsive, non-privileged files to be produced to opposing counsel.

The percentages I used for estimating the counts at each stage are just examples, so don’t get too hung up on them.  The key is to note the numbers in red above.  Excluding the interim counts in black, the counts in red represent the different categories for the file collection – each file should wind up in one of these totals.  What happens if you add the counts in blue* together?  You should get 101,852 – the number of collected files after expanding the PST files.  As a result, every one of the collected files is accounted for and none “slips through the cracks” during discovery.  That’s the way it should be.  If not, investigation is required to determine where files were missed.

So, what do you think?  Do you have a plan for accounting for all collected files during discovery?  Please share any comments you might have or if you’d like to know more about a particular topic.

*Why blue?  Because we did red last time!  :o)

P.S. — Happy Anniversary, honey!  I’m the luckiest man around!  If you don’t believe me, check out this post!

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 Discovery. eDiscoveryDaily is made available by CloudNine Discovery 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.

What is the Future of the Legal Technology Conference?, Part Two

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Thinking Like a Millennial: How Millennials are Changing Discovery.  Now, Tom has written another terrific overview regarding the state of legal technology conferences titled What is the Future of the Legal Technology Conference? that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into three parts, so we’ll cover each part separately.  Part one was Monday, here is the second part.

Legal Tech Conference Observations from Other Commentators

As I mentioned, a number of renowned legal commentators about the state of legal technology conferences all year. Dennis Kennedy and Tom Mighell took on the question in one their regular podcast earlier this year entitled The Future of Legal Tech Conferences. They had several interesting observations, including Tom’s comments that the entire notion of how we “consume” information has led to our notion of a conference changing with a differentiation between educational conferences vs those that emphasize the nuts and bolts of the practice of law. To that point, Dennis noted that conference attendees today expect something they can personally relate to rather than mere academic discussions.

Another respected commentator in the field, Bob Ambrogi, weighed in back in February with a column he entitled, Legal Tech For The Legal Elite: Observations Of Two Conferences.  Bob took a look at two conferences he just attended, Legalweek, or what he called “the conference formerly known as Legaltech” and Inspire.Legal, a new “unconference”. He was left, as he put it “… wondering how legal tech and innovation became the domain of the legal elite, and how true change will come about in law without more voices at the table.”

As Bob elaborated, these conferences were “… predominately by, for, and about the roughly 10 percent of the legal industry dominated by the world’s largest law firms and corporations.” The result is a roster of speakers that “… came mostly from large law firms … or from large corporations …  or from major vendors that provide products and services to large firms and large corporations, most prominently in the area of eDiscovery. “

He noted the glaring absences of “… the roughly 90 percent of lawyers who practice outside the large firm/large corporation ecosystem.” as well as “… those the legal system is failing ….” what he described as “… the lower economic levels of the market [which] are being underserved or not served at all.”

And while it is true that some shows with a strong vendor presence still maintain an educational integrity that is to be commended, shows such as the annual U of Florida Law E-Discovery Conference and perennial regional conferences by Todays General Counsel and the Masters Conference, the fact is that at least in the field of eDiscovery, the offerings are grim.

As prominent eDiscovery expert and prolific writer Craig Ball wrote in a column in May of this year:

“Look at the agenda of any major e-discovery conference (a few survivors litter the field).  Count the hours devoted to practical e-discovery skills that support the finding and turning over of relevant evidence.  Now, count the hours devoted to telling lawyers how to limit discovery, challenge discovery, assert proportionality, protect privacy, enforce data security, manage data breaches, delegate discovery to vendors, cut costs or cede their roles to robots.  Again, not trivial topics, but out-of-proportion to the ever-greater need for lawyer competency in information technology and electronic evidence.”

We’ll publish Part 3 – My Observations Regarding Legal Tech Conferences – on Friday.

So, what do you think?  Do you attend legal tech conferences and do you think attendance has proven valuable to you over the years?  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.

CloudNine Expands, Advancing Development for All Four eDiscovery Software Products and Growing Partnerships

New CloudNine CEO Tony Caputo, an eDiscovery Industry Veteran, Sets Ambitious Agenda to Support Current Customers and Partners, and Attract New Ones

HOUSTON, TX: August 13, 2019 – CloudNine®, a leading provider of eDiscovery software, is assertively expanding in the legal technology market. The company continues to advance capabilities across its software portfolio as well as grow sales and integration partnerships.

At ILTACON 2019 in Orlando next week, CloudNine’s new CEO Tony Caputo, an eDiscovery industry veteran, and his team will be demonstrating new features and performance upgrades to CloudNine’s eDiscovery technology suite including CloudNine Explore™, LAW™, Concordance®, and Review™.

Caputo commented, “As CloudNine moves forward, our mission is to become the building blocks our clients use to tailor eDiscovery workflows to their specific needs. We have a flexible approach and are equipped to support legal clients using CloudNine as well as third-party products. We offer flexible deployment options to support the needs of our law firm and corporate clients. Also, we are looking to grow our partner network significantly and expand our outreach to corporate law departments in the coming year.”

Highlights of ILTACON 2019 announcements include:

  • CloudNine Explore 7.2 – Explore, an early case assessment solution, is now dramatically faster, more flexible and scalable for larger projects due to unique multi-core, multi-threaded processing capability across several machines. Explore 7.2 also connects more seamlessly with CloudNine LAW pre-discovery production software to enable the greater organization and data export options.
  • CloudNine LAW 7.2 – LAW now includes more powerful controls for organizing data. The popular Turbo Import feature is enhanced by flexible workflows and new Import Set reporting features. Turbo Import in LAW 7.2 now imports and analyzes data 73% faster than LAW 7.0.
  • CloudNine Concordance Desktop 1.07 – Import speeds are now 70% faster with Concordance 1.07. The new version also adds administrator tools, improves document and email text extraction, and provides new organization and management functionality to optimize both database and unstructured data. New viewer and redaction capabilities are coming soon and will be showcased at ILTACON.
  • CloudNine Review 2019 – The Review platform has been completely modernized to improve speed, performance and user experience. New Family Tagging and Field Grouping will also be released and shown at ILTACON.
  • Office 365 Connector – CloudNine will also be unveiling a new application at ILTACON which will be released later this year that extracts data from Office 365 and automatically loads it into CloudNine Explore.

CloudNine will be exhibiting at ILTACON 2019 (booth #624) Monday, August 19th through Thursday, August 22nd. Doug Austin, Vice President of Products/Services and author of eDiscovery Daily, will be speaking at the Conference’s Litigation Support Day on Wednesday, August 21st and will present predictive coding processes on Thursday, August 22nd

For more information about CloudNine or to set up a demo or media appointment at ILTACON 2019, email info@cloudnine.com.

About CloudNine Discovery: Founded in 2002 and based in Houston, CloudNine (cloudnine.com) is a technology company with expertise in simplifying the data discovery process. Through its on and off-premise software brands, including CloudNine Explore™, LAW™, Concordance® and Review™, the company helps its more than 1,000 legal and corporate customers, gain insight and intelligence on data. CloudNine has been highlighted by industry experts in reports, reviews, and surveys including Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the Neelectronicw York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily blog, a popular, trusted source for legal industry information.

For more information contact:
Christy Burke, President, Burke & Company PR
cburke@burke-company.com
917.623.5096

ILTACON 2019 Preview Edition: eDiscovery Trends

Hard to believe, but we’re less than a week away from ILTACON 2019, being held this year at the Walt Disney World Swan and Dolphin Resort in sunny (and hot and humid) Orlando!  Yep, we were in NYC in winter for Legaltech and now we’ll be in Orlando in summer for ILTACON!  Maybe one year, we could flip that?  Just sayin’.  The conference kicks off with some networking activities on Sunday and starts in earnest with sessions Monday through Thursday.  As usual, some of those sessions look interesting (especially for litigation support professionals), so let’s take a look at some of the more promising sessions to attend next week.

The Exhibit Hall will also be open for four days, starting with the annual opening reception: A Whole New World of Possibilities-A Journey through Classic TV.  CloudNine will be exhibiting again at this year’s show at booth #624.  I don’t want to give away how we will commemorate the opening reception, except to say that we will be “boldly going” there.  :o)  We’ll also be showcasing several new developments with our products and should be announcing as soon as today what those will be.  If you are attending ILTACON this year and would like to schedule a meeting with us, it’s not too late to go to this page to request a demo and indicate that you want to meet at ILTACON 2019!

Notable sessions for this year’s conference:

Monday

Pitch Your Litigation Support Challenges, 3:30 PM – 5:00 PM ET: This year’s show has plenty of good stuff for litigation support professionals and it starts with this session where you can “[s]ubmit your most difficult Litigation Support Challenges to our panel of experts and they’ll resolve them magically before your very eyes utilizing years of expertise and problem-solving skills.”  Or “[a]t least they’ll try.”  With experienced professionals like Thomas Morrissey, Stephen Dooley, Duane Lites, Chris Haley and Catherine McPherson, it should be an informative and entertaining session.

Tuesday

Data Privacy – Everyone’s Getting In On It – Privacy From Europe to California and Beyond, 1:30 PM – 2:30 PM ET: There’s certainly no more timely topic than data privacy and this session plans to discuss what you have to do to prepare for the future, including what has been effective in the past.  So, if you’re concerned about data privacy, this would be a good session to check out.

Machine Learning and AI in Action (AI Series, Session 2), 3:30 PM – 5:00 PM ET: This session promises to “Demystify Machine Learning and AI by walking through a real-world example of a working model…from prototyping to production”.  If it really does that, then who wouldn’t want to check that out?

Wednesday

Litigation Support Day, 9:00 AM – 4:15 PM ET: Yep, that’s right – a whole day devoted to topics related to litigation support.  It’s ILTACON’s “new concept in educational programming”, featuring “a DAY of SPARK (Short, Provocative, Action-oriented, Realistic, and Knowledgeable) talks by leaders in the industry”.  It’s organized by David Hasman of Bricker & Eckler, David Horrigan of Relativity, and Philip Weldon of Fried Frank and the day’s sessions will be moderated by David Horrigan.  The program will feature presentations on everything from cloud transformation to career development and job interview techniques and end with a keynote presentation by Justice Tanya Kennedy, New York State Supreme Court, New York County.  Check out the list of speakers for the day’s event:

Joy Heath Rush, Wendy L. King, Craig Carpenter, David Horrigan, Craig Ball, Dera J. Nevin, Jared Coseglia, David Greetham, Mary Mack, Patrick Joseph Burke, Chris Haley, Scott Milner, Nicole MacCallum, Sara Skeens, Steven Berrent, Ari Kaplan, David Bryant Isbell, Debbie Reynolds, Rob Robinson, Meagan Sauve, Antonia Karlan, Kelly Friedman, Bryant Lee, Tanya R. Kennedy, Marcin Wojtczak, Kenya Dixon, Rosemary Kuperberg, Amanda Fennell, Mike Gamson.

And me!  I will be discussing Legal trends with David and we will be discussing some of the most interesting and notable cases so far this year (around 9:30am).  For those who attend, I’m planning a special blog post to save you a lot of note taking.

Thursday

10 Litigation Support Tips in 60 Minutes, 9:00 AM – 10:00 AM ET: Sensing a theme yet?  Not only will they discuss several useful tips, they also promise to provide a handout of those tips in the session.

Choosing a Predictive Coding Approach – “Predictive Coding For Dummies”, 11:30 AM – 12:30 PM ET: OK, I know, I’m in this one too (as moderator), but that’s not the only reason I’m recommending it.  For starters, it’s the only session geared specifically to predictive coding at this year’s conference.  Also, don’t be fooled by the “for Dummies” title, we plan to tailor the discussion to the experience level of the attendees and are planning to discuss some interesting aspects of using predictive coding, including how to make a case for it and how to get started.  With panelists like Doug Matthews (Partner Vorys, Sater, Seymour and Pease LLP), Catherine A. Casey (Chief Innovation Officer DISCO) Lia Majid (CEO and Founder, Acorn Legal Solutions) and Julian Ackert (Managing Director iDiscovery Solutions, Inc.), you’d be a “dummy” to miss it!

I will provide a complete list of eDiscovery, litigation support, information governance and cybersecurity sessions during each day of the conference next week.  Stay tuned!

So, what do you think?  Do you plan to attend ILTACON this year?  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.