eDiscoveryDaily

CloudNine – 2024 Year in Review

As 2024 concludes, the eDiscovery and legal technology sectors have experienced significant advancements, particularly in the realms of modern data management and generative artificial intelligence (AI). In this article, we will explore what we have learned this year at the various thought leadership and industry conferences, how our innovations have benefited legal teams and how our partnerships allow our clients to have a fully streamlined experience with their eDiscovery and investigation challenges.

First, let’s look at what the industry has been discussing at thought leadership conferences like The Masters Conferences, LegalWeek and ILTACON.

Thought Leadership and Industry Challenges and Trends

Modern Data: An Ever-Growing Challenge and Solutions

Modern data presents an ever-growing challenge in eDiscovery, requiring innovative strategies and solutions to navigate its complexity. Traditional data sources, like physical documents and emails, have given way to a diverse array of corporate communications platforms such as WhatsApp, Slack and Microsoft Teams. These modern communication tools, designed for real-time and collaborative interactions, have become integral to business operations, reducing reliance on email but introducing new hurdles in data management. The shift has also brought about the emergence of non-custodial data, necessitating updated identification and preservation methods that account for transient membership in communication channels. Furthermore, data mapping must now encompass a multitude of sources beyond emails, including collaboration platforms, ephemeral messaging applications and the “linked files” in those platforms that replace traditional attachments.

Modern Data Preservation

The path from preservation to collection in complex ecosystems requires careful planning and execution. The widespread adoption of Bring Your Own Device (BYOD) policies and the reliance on remote work have created a myriad of difficulties in data governance, raising regulatory and privacy concerns related to the use of personal devices for business purposes. Additionally, complexities such as managing group email boxes or distribution lists—like “info@” addresses—require specialized approaches to ensure thorough data collection. Collaboration platforms further complicate matters, as their varying access levels can impact data preservation efforts.

Custodian interviews are the first step in identifying these relevant data sources and communication habits and can narrow the scope of collection as well as help the legal team understand the intricacies of the corporation’s communication channels. Collaboration tools like Slack and Teams further complicate preservation efforts, as they often involve linked files and intricate metadata structures that must be maintained. Ephemeral messaging apps, with their automatic deletion features, pose additional risks, underscoring the need for proactive policies and training to ensure critical data is not lost.

Strategic preservation practices offer a path forward. Standardizing the use of fewer collaboration platforms can reduce complexity, while taking snapshots of data during litigation holds can ensure the preservation of critical document versions. Staying ahead of emerging data sources is equally important, enabling legal teams to adapt their workflows and address evolving eDiscovery demands effectively. These solutions are vital in navigating the multifaceted challenges of modern data and ensuring defensible and efficient eDiscovery processes.

Modern Data Collection Strategies – Smartphones and Devices

Mobile device forensic collections have become a growing evidence source for today’s eDiscovery and investigations, driven by the standardization of smartphones and tablets for personal and professional communication. Effective data collection requires software and strategies that account for the differences between iOS and Android platforms. iOS operates within a controlled ecosystem, offering streamlined processes but occasionally limiting data accessibility without the proper credentials or permissions. Conversely, Android’s flexibility allows for a broader range of data collection options but necessitates rigorous integrity checks to ensure the reliability of the extracted information.

The choice between remote and lab-based collection methods is another consideration. Remote methods, such as iTunes backups for iOS devices, are convenient and quick but often fall short of forensic standards of a complete collection. These methods may lack the ability to access encrypted, deleted, or system-level data critical to investigations. In contrast, lab-based collections provide the forensic rigor required for legal proceedings, offering comprehensive access to encrypted files, deleted information, and other data that remote methods cannot reach. This approach ensures defensibility and reliability, making it the preferred option in most forensic scenarios.

The popularity of Bring Your Own Device (BYOD) policies introduces significant complexities to mobile data collection. BYOD practices blur the boundaries between personal and corporate data, creating privacy challenges that must be navigated with precision. Collections must adhere strictly to court orders and legal mandates, ensuring that only data relevant to the case is retrieved while respecting the individual’s privacy rights. Striking this balance is essential to maintaining compliance and fostering trust.

Compliance with evolving privacy laws adds another layer of responsibility to mobile device forensic collections. Emerging state-level regulations emphasize the need for careful handling of consumer data, imposing stringent requirements on how such data is accessed, processed, and preserved. Organizations must stay ahead of these legal developments to avoid potential liabilities and ensure ethical data management practices.

Mobile Device Management (MDM) policies, designed to secure corporate data on employee devices, can also complicate forensic collections. These policies often restrict access to certain device features or data, requiring collaboration with corporate IT teams to navigate these limitations effectively. Engaging IT support helps ensure that data is collected in accordance with both organizational policies and legal requirements, streamlining the process while maintaining compliance.

By employing tailored strategies for different platforms, prioritizing forensic soundness through lab-based methods, respecting privacy through limited and court-ordered collections, adhering to stringent privacy laws, and working closely with IT teams to address MDM challenges, organizations can successfully manage the complexities of mobile device forensic collections. These practices ensure that data is collected with precision, integrity, and compliance, supporting defensible outcomes in legal and investigative contexts.

Modern Data Review

Managing data from these modern communication tools poses unique challenges in the attorney-review process. For instance, converting dynamic communication formats into documents for traditional review can be both time-intensive and costly.

Addressing the challenges of modern data in eDiscovery requires a proactive and strategic approach that balances technical innovation with legal and regulatory compliance. By understanding the complexities of diverse data sources, adopting tailored preservation and collection workflows, and fostering collaboration among legal, IT, and compliance teams, organizations can streamline their eDiscovery processes while minimizing risks. Emphasizing privacy, defensibility, and adaptability ensures that legal teams remain equipped to handle the dynamic nature of modern communication and data ecosystems. Ultimately, embracing these best practices allows organizations to navigate the evolving landscape of eDiscovery with confidence and precision.

Another Consideration for Collection and Review: Linked Files in eDiscovery: Challenges and Solutions

The emergence of linked files, which are URLs pointing to cloud storage rather than traditional file attachments, has introduced a new layer of complexity in eDiscovery. As collaboration platforms like Google Drive, Microsoft OneDrive, and Slack become central to workplace communication, these linked files often contain critical information pertinent to legal cases. However, their unique characteristics present several challenges in discovery workflows.

Advancements in collection capabilities have made strides toward addressing these issues. Platforms such as Office 365 and Google Drive now support more robust collection mechanisms, enabling legal teams to retrieve linked files more efficiently. Despite these improvements, maintaining essential metadata and preserving the parent-child relationships between linked files and their originating communications remain significant hurdles. Without these relationships, understanding the context of a document or its relevance to a case can become a bottleneck in processing and review.

Judicial trends have also placed increasing importance on linked files in eDiscovery. Courts are progressively treating linked files as they would traditional attachments, requiring legal teams to make reasonable efforts to locate and produce them during discovery. This evolving expectation underscores the necessity of integrating linked files into standard eDiscovery workflows to ensure compliance and defensibility.

Addressing these challenges requires a proactive and systematic approach. Early custodian interviews are a crucial first step in identifying where linked files may reside and understanding how they are used within the organization. Coordinating with IT departments can further streamline the process, ensuring that data collection is both efficient and thorough. Additionally, preserving metadata integrity is essential, especially for linked files originating from international sources where compliance with regulations such as the GDPR must be maintained.

By prioritizing early identification and implementing strategies to preserve the integrity and relationships of linked files, legal teams can mitigate the challenges associated with these modern data sources by assembling the right teams and creating the proper workflows. As the use of cloud-based collaboration tools continues to grow, adapting eDiscovery practices to include linked files will remain essential for comprehensive and defensible discovery processes.

CloudNine Innovations and Service Offerings

In 2024, CloudNine integrated the modern data review and production technology from CloudNine Analyst into CloudNine Review, providing customers with one platform to seamlessly review both traditional and modern data. CloudNine Review users upload UFDR or Oxygen Forensics phone data directly to CloudNine Review, which then parses, threads, and deduplicates the contents. Customers then analyze the data just as it is presented on a custodian’s phone or chat software.

CloudNine also expanded Single Sign-On support. Initially released in late 2023, SSO support is now available for Okta, Azure AD, and Google Workspace. Single Sign-On provides more security and better user management for customers, making onboarding and offboarding users faster and more efficient.

CloudNine Review introduced a new view for production versions of images with the Production Viewer. Now users can check out either the original document, or the produced version, including any markups such as document numbering and redactions. This gives users a quick way to look at the produced version of data without having to dig through production exports.

Smart Filters have been a CloudNine Review differentiator for some time. Improvements were made to Smart Filters in 2024 to empower users to filter metadata in multiple views, including the Table View. Smart Filters are an intuitive, powerful way for users to drill down to responsive content without having to build complex searches.

CloudNine values transparency in reporting. In 2024, improvements were made to various reports that users can run out of CloudNine Review, including an improved billing report. This can be run at any time and will show project administrators what is being hosted and what the invoice for the month will look like, in advance of receiving it.

Search features were added in 2024, including linking of terms in the search hit screen to documents that contain the term. For example, if a user searches for “Company”, then the resulting hit report will contain a link to a list of the documents that have hits on the word “Company”. This allows users to quickly identify responsive content by reviewing a table view of metadata for those records, reaching that view with a click rather than multiple searches and tags.

Hit highlighting is another feature added to CloudNine Review in 2024. Users can go from their hit reports to near native views of the documents, with the hits highlighted in color for faster review and identification of context.

CloudNine Review is built to be intuitive and easy to use. With less than an hour of onboarding, users can fully dive into loading data, review, and production, all on their own. But for large, complex projects, or for clients who want to focus on other work, CloudNine offers a full services team of project managers and analysts. These become an extension of the client’s project team, managing data, coordinating reviews, and producing responsive content. Unlike competing platforms, CloudNine Review’s developers and services teams are directly linked, so if there is a challenge to overcome there is zero waiting for support.

CloudNine Partnerships

As CloudNine innovates to accommodate the legal industry with traditional data and the growing challenges in modern data types, we recognize that we can’t do it all, so we partner with other innovative companies to fill the gaps in technology and services. We continue to work with long-term partners like Gimmal and Integreon but have also added others in 2024 like Oxygen Forensics and eDiscovery AI. Here are the descriptions of our partners and growing partnerships.

Oxygen Forensics
As described above, there are many challenges and considerations when it comes to collecting data but isn’t just the collection process. We partnered with Oxygen Forensics to not only offer a solution for teams to collect data from devices like smartphones, laptops and other hardware, but also cloud platforms like Google, social media, Slack and the myriads of other SaaS companies where the evidence resides. The forensically sound collection is just the first part, though. Oxygen Forensics can also prepare the data and offer early case insights in the process. Oxygen’s platforms can also translate foreign languages, transcribe audio and video files and image categorization.

Check out our webinar for a deeper look at these features.

Integreon
One of the most expensive processes in eDiscovery is physical document review. CloudNine has partnered with Integreon to offer efficient large-scale document review. The complexities of modern data mixed with traditional email and efiles needs to have not only the best in technology, but reviewers who know how to combine these data types into a fluid document review. Integreon’s review teams are well versed in native reviews of modern data and can tag complete conversations that navigate from email to corporate chat apps and even end in a text message exchange. This example of cross-channel communications is just one of the many efficiencies in the partnership.

Here is a good example of how we work together: Tackling Large-Scale Review Efficiently: Tips from a GC (On-Demand Webinar)

Gimmal
Information Governance is constantly evolving and Gimmal provides best in class platforms to help organizations properly manage their corporate data. Since data complexities can start as far “upstream” in how data is managed in the corporate environment, it is important to have those data organized and ready for a litigation event. CloudNine partnered with Gimmal to take anything from their organized, litigation ready data into our review process.

eDiscovery AI
CloudNine has not only been continuing the innovation around traditional and modern data, but has partnered with eDiscovery AI, who is innovating generative artificial intelligence (GAI) for the expensive data and document review processes. CloudNine now offers AI based review through our partnership.

Exploring Modern Data in Early Case Assessment (ECA): A Partnership Between CloudNine and Oxygen Forensics

In today’s digital-first world, data is expanding in volumes and types exponentially. Over 27 billion text messages are sent daily*, and platforms like Microsoft Teams and Slack dominate corporate communication with billions of chats annually. For organizations navigating legal discovery, these modern data types present both challenges and opportunities.

During our recent webinar, CloudNine and Oxygen Forensics shared insights into addressing these challenges through innovative Early Case Assessment (ECA) strategies. Here’s a preview of the key themes.

 

 

Understanding Modern Data in ECA

Modern communication extends far beyond traditional emails and e-files. Legal and investigative teams are increasingly tasked with managing:

  • Text messages, collaboration tools (e.g., Teams, Slack), social media, and Internet of Things (IOT) data.
  • Device-specific data, such as call records, location logs, and proprietary app information.
  • Structured datasets, including visitor logs and surveillance data.

With 84% of professionals frequently encountering issues managing chat and app data in eDiscovery, it’s clear the industry needs advanced tools to meet these demands.

Collection and Culling: Efficient Strategies

ECA starts with robust collection methods tailored to diverse data sources. Devices, cloud accounts, and social media platforms must be efficiently targeted while maintaining secure workflows. Platforms from Oxygen Forensics offer capabilities such as:

  • Translation for multilingual data.
  • Social graphing to identify connections.
  • Image categorization, speech/text recognition, and optical character recognition (OCR) for multimedia data.
  • Visual analytics, including activity heat maps and contact relationships.

These techniques ensure data is culled and prepared efficiently, reducing costs and accelerating review.

Automation and Contextual Analysis

The webinar highlighted the importance of automation in modern data review. Platforms like CloudNine Review provide tools for:

  • Data normalization and tagging.
  • Database filtering to isolate key evidence.
  • Native or document review of communications data

These features enhance the review process by preserving conversation context, an essential component when analyzing cross-platform communications data from chat or mobile communication.

CloudNine and Oxygen Forensics: Pioneering Innovation

Together, CloudNine and Oxygen Forensics are committed to making digital evidence collection and review faster, more efficient, and cost-effective. Both companies have a rich history of innovation:

  • CloudNine Review is recognized as a leader in handling modern communication formats.
  • Oxygen Forensics specializes in mobile and cloud data challenges, providing unparalleled insight into data extraction and analysis.

Their combined expertise empowers government, legal, and corporate teams to tackle the complexities of modern data with confidence.

A Look Ahead

The partnership between CloudNine and Oxygen Forensics is setting new standards for ECA and eDiscovery workflows. By combining advanced collection tools, contextual review capabilities, and automation, these solutions are revolutionizing how digital evidence is managed.
For more educational resources, visit CloudNine’s Daily Blog or explore Oxygen Forensics.

 

If you missed the first webinar in the series, check out how Oxygen Forensics and CloudNine work together from collections through production of all data

 

* https://ediscoveryjournal.com/25-million-man-hours-for-every-internet-minute

Masters Conference Atlanta 2024: Comprehensive Recap and Session Insights

November 12, 2024 – Hosted by King and Spalding

The Masters Conference’s final event for 2024 brought together legal, forensic, and information governance experts to discuss the evolving challenges in eDiscovery and data management. Hosted by King and Spalding in Atlanta, the conference featured engaging sessions that provided actionable insights for legal professionals and investigators navigating the complexities of modern data ecosystems.

Session 1: Mobile Device Forensic Collections: Remote and Lab-Based Collection Strategies

Sponsored by Cellebrite

Panelists:

  • Mike Amaral (Cellebrite) – Manager, Strategic Accounts
  • Jordan McQuown (IST Management – CIO and CISO)
  • Jerry Bui (Right Forensics – Owner and CEO)
  • Jeff Hedlesky (Cellebrite) – Sales Engineer – Enterprise Solutions

This session delved into the intricacies of mobile device forensic collections, contrasting remote and lab-based strategies. As mobile devices increasingly become central to eDiscovery, understanding how to effectively collect data—whether through remote technology or in controlled lab settings—has become essential.

Key Takeaways:

  • Diverse Forensic Approaches: The panel detailed unique strategies for collecting data from iOS and Android devices, highlighting the significant technical differences between the platforms. While iOS presents controlled challenges due to its closed ecosystem, Android allows more flexibility but requires robust methods for data integrity.
  • Remote Collection Techniques: Amaral emphasized practical remote collection solutions, including obtaining iTunes backups or using self-service collection kits shipped to custodians. However, these solutions come with risks. Amaral and Hedlesky noted that while iTunes backups contain valuable WhatsApp data, they are not considered forensically sound, posing potential integrity issues.
  • Lab-Based Collections: For comprehensive data extraction, lab-based methods were preferred. They provide access to locked or encrypted devices and offer more reliable data retrieval, including deleted files. Bui highlighted that lab settings ensure that if data retrieval needs to be revisited, the entire data set is still accessible, minimizing disruption to ongoing investigations.
  • BYOD and Privacy Challenges: McQuown and Bui emphasized the complexity of managing data from bring-your-own-device (BYOD) environments, where personal and corporate data overlap. Privacy concerns require forensic teams to limit collections to court-ordered data only, fostering trust in both the legal team and custodians.
  • Navigating Privacy Laws: Amaral outlined new state-level privacy laws passed in 20 states, including California, Virginia, and Colorado, which aim to regulate business use of consumer data. These laws impact how mobile data is managed, collected, and preserved, emphasizing compliance and consumer rights.

Highlighted Challenges and Solutions:

  • Remote Workforce Impact: With more employees working remotely, the panel discussed corporate-issued devices versus BYOD policies. Amaral pointed out a growing divergence in collection approaches between law enforcement (seeking full collections) and private sector practices (favoring targeted collections).
  • Management of Mobile Device Management (MDM): MDM policies can complicate data collection, potentially requiring cooperation with corporate infosec teams to bypass or adjust settings without triggering security protocols like device resets.

Session 2: Linked Files – The Saga Continues

Panelists:

  • Bradley Koehler (Alvarez & Marsel) – Sr. Director
  • Lionel Joiner (Redgrave) – eDiscovery Specialist & Attorney
  • Nirav Shah (The Home Depot) – eDiscovery Counsel
  • Ray Payne (Cox Communications) – Director of eDiscovery Technology Services

Linked files, which point to documents stored in cloud-based systems like Google Drive, Dropbox, and Slack, continue to present significant challenges in eDiscovery. This session explored recent developments, legal precedents, and strategic considerations for managing these data types.

Key Insights:

  • Definition and Context: Koehler began by defining linked files as paths or URLs in documents that point to other files stored on various platforms. These links are increasingly common as collaboration tools become integral to workplace operations.
  • Collection Capabilities: Shah highlighted the improvements in Office 365 and Google Drive, which now include capabilities for linked file collection, making data retrieval easier. However, gaps still remain, particularly in maintaining the parent-child relationships of linked documents.
  • Case Law and Compliance: Joiner discussed how courts are assessing the burden of producing linked files, emphasizing that reasonable efforts to collect this data must be made, though technology and best practices are still evolving. Shah noted that in a recent case involving Uber, the court moved closer to treating linked files like traditional attachments, signaling a shift in judicial expectations.
  • Practical Considerations: The panel advised that early-stage discovery should focus on custodian interviews and understanding the landscape of collaborative tools used. This approach helps establish where data is stored and what data can feasibly be collected and preserved. Payne stressed the importance of coordinating with IT departments, as these processes often extend beyond their typical duties.

Challenges and Future Outlook:

  • Metadata Concerns: Discrepancies in metadata between linked files and their parent documents were flagged as potential landmines during production.
  • GDPR Implications: Payne warned that linked files stored overseas might trigger privacy compliance issues, especially under GDPR regulations.

Session 3: From Preservation to Collection: Managing Change in Complex Data Ecosystems

Panelists:

  • Lindsay Brady (King and Spalding) – Staff Attorney
  • John Buzbee (King and Spalding) – Staff Attorney
  • Adam Wall (King and Spalding) – Staff Attorney
  • Scott Lucas (King and Spalding) – Staff Attorney

This session focused on the challenges of managing data in complex and evolving ecosystems. Topics included ephemeral messaging, data migration, and the proactive identification of emerging data sources.

Key Points:

  • Custodian Interviews as a Foundation: Wall highlighted the critical role of thorough custodian interviews in identifying data sources and communication channels. These interviews inform the data collection process, streamline scope, and ensure that legal teams capture relevant information effectively.
  • Collaborative Tools and Their Impact: Brady underscored the importance of understanding how linked files and collaborative tools impact eDiscovery workflows. The widespread use of platforms like Slack and Teams adds layers of complexity to data identification and preservation.
  • Ephemeral Messaging Challenges: Buzbee discussed the increasing use of secure messaging apps like WhatsApp and Signal, noting that their automatic deletion features create significant hurdles for legal preservation. Lucas recommended developing written policies and conducting employee training to address these issues proactively.

Strategic Recommendations:

  • Proactive Data Management: The panel advised that corporations standardize on a few collaboration platforms to simplify data management, especially during mergers and acquisitions.
  • Preserving Linked Files: Taking “snapshots” of data at the time of a litigation hold can help maintain document versions as they were during the relevant period.
  • Emerging Data Sources: As storage capacities expand and data moves to cloud storage solutions, keeping pace with technology and understanding its implications for eDiscovery remains essential.

Audience Engagement:

  • Question from Rick Clark (CloudNine): Addressing the potential discovery of unreported apps during custodian interviews, Lucas recommended revisiting custodians to clarify the use of these apps and adjust the data collection strategy as necessary.

The Masters Conference Atlanta 2025 closed on a high note, reinforcing the importance of adapting to the changing landscape of data discovery. From mobile forensic strategies to linked file challenges and the proactive management of complex data ecosystems, the event equipped professionals with the knowledge to face the future of eDiscovery with confidence.

Lower Your E-Discovery Costs with CloudNine Review

By Jacob K Hesse

When it comes to e-Discovery processing and hosting for analysis, review, and production, you need a platform that is intuitive, fast, and that all data and processes are completely contained in one platform. You also need price predictability and the core features and functions that will lead you to successful outcomes, from collection through production.

Data processing has become automated in recent years. Now users can simply point the review platform to a “pile” of data such as email, files, short message communications, smartphone communications and activities and a whole slew of “modern data” and upload the data into the case. The step of data conversion to documents ahead of review is becoming obsolete by this automation.

How is this done? CloudNine has created modern data parsers, remediation processes, and metadata extraction techniques behind the scenes that allow users to upload native data like PST’s and company files, .JSON exports, .dat load files and many others and the data processing is done automatically during the upload process.

CloudNine is trusted by federal agencies, state and local governments, law enforcement, law firms, and corporate legal departments across the United States and Europe. A wide variety of customers large and small rely on CloudNine to generate automated and predictable outcomes from data collection, to searching and culling, processing, intelligent review, and finally production.

Governments, law firms, and corporate legal departments need to create and deliver responsive data quickly, without budget-breaking software that requires a degree to operate. They need to search and remove any data that is sensitive, privileged, or contains personally identifying information. They come to CloudNine where they can upload data immediately themselves or rely on our full services and support teams for assistance.

Because of all of the data processing automation with CloudNine Review, there are no processing costs. Users upload data with the drag of their mouse, or the click of a button and automation takes over. From Slack JSON files to email, from Office documents to phone data collected and exported as a .dat or UFDR file, CloudNine Review provides you with free ingestion and filtering options. No paying for uploaded or “staged” data: pay only for what you host with us in CloudNine Review.

CloudNine Review enables you to examine “traditional” data such as Word documents, Excel spreadsheets, email, and PDF files – along with over 4800 other file types. What sets CloudNine apart from competitors in document review is its same-platform handling of “modern” data, including data from text messages and chat applications like Slack. Your teams can review and produce individual messages or entire conversations, all while suppressing sensitive content by redacting it or removing it.

Contact CloudNine to see how CloudNine Review will accelerate your discovery process at a fraction of the cost of how you are doing it today.

Email us at sales@cloudnine.com or contact me directly to speak more about how CloudNine can enhance your speed to data while keeping you in control of your costs.

Oxygen Forensics Hosts First User Summit: Key Takeaways on Forensic Data Collections and eDiscovery Challenges

Oxygen Forensics recently held their inaugural user summit in Alexandria, VA, featuring a packed agenda of timely, educational sessions addressing today’s pressing challenges in forensic data collections. The event was a blend of technical insights, networking opportunities, and interactive discussions, attracting experts from various sectors, including digital forensics, law enforcement, and legal technology.

Leenote: CEO Lee Reiber’s Journey and Insights

The summit kicked off with a keynote—or “Leenote”—delivered by Oxygen Forensics CEO Lee Reiber. Lee shared a compelling story of his personal and professional journey, revealing how overcoming adversities fueled his relentless curiosity, innovative problem-solving, and drive for excellence in data forensics. He emphasized the importance of continuous learning, warning that complacency is a fast track to being surpassed by peers in this rapidly evolving field. My key takeaway from his talk was simple yet profound: the temptation to believe we’ve “learned it all” will lead to stagnation, and staying curious is essential for ongoing success.

Gus Dimitrelos: “1’s and 0’s Do Not Care”

Following Lee’s presentation, forensic expert Gus Dimitrelos delivered a thought-provoking session titled “1’s and 0’s Do Not Care.” His focus on the objectivity of data was underscored by his high-profile example of authenticating the infamous Hunter Biden laptop. He walked the audience through the intricacies of digital forensics, including how transactional data, geolocation, and communications provide irrefutable evidence—data does not lie. Dimitrelos’ session was a masterclass in how to authenticate and leverage digital footprints, and his work is definitely worth deeper exploration for anyone interested in the evolving world of data authentication.

Private Sector Track: Managing Text Messages in eDiscovery

As the summit split into private and public sector tracks, I opted for the private sector sessions. One standout presentation was delivered by Trent Walton, CEO of Forensic Discovery, on handling text messages in eDiscovery. Walton highlighted that text messages are fast becoming the new frontier in eDiscovery, much like email was years ago. However, law firms are now demanding proper forensic collections rather than relying on screenshots, which lack the necessary chain of custody and authenticity.

Key Steps in Text Message eDiscovery:

  1. Sound Collection – Proper data collection is critical, with multiple options depending on the complexity of the case:
    • Physical Collection – Conducted in-lab or onsite, providing maximum control over the process.
    • Remote Collection Kits – Devices are sent to users who physically connect them, with the data extracted and mailed back for analysis. This is helpful because if there are nuances in the data, the remote kit has multiple software platforms that can help with the collection. The issue, though, is that remote collections lack some important chain of custody processes that can be challenged by opposing counsel. It is important to know what data you are after to determine this process.
    • Agent-Based Remote Collection – A more lightweight option, where users download an app that triggers a remote collection of specific data, ideal for less complex cases. This allows fast access to the data and is best for lighter collections of just text messages for example rather than a full forensic collection.
    • Cloud Collection – Gathering data directly from cloud-based platforms (Slack, Google, Facebook, etc.). It is important to know the nuances with each application to ensure that the data needed is fully collected.
  2. Processing and Exporting Data – Once collected, the data is processed, and relevant messages are identified. The next decision is how to export this data—whether as native or an image of individual messages, 24-hour threads, or weekly batches, with flexibility based on case needs.
  3. Review of Messages – Walton stressed the importance of a nuanced review approach, noting that reviewing messages as documents can often strip conversations of their context. Understanding the flow of communication is key to more accurate and efficient reviews. He noted the way in which CloudNine Review allows for a native review preserves context as well as assembles cross channel communications like a conversation starting in email, switching to Slack then text messages.

Richard Rodney: Cloud and Mobile Data Challenges

In another fascinating session, Richard Rodney, President of IFI LLC, tackled the critical challenges around cloud and mobile data. The session explored how modern devices have evolved into powerful computers, requiring more sophisticated collection strategies.

Key Challenges:

  • Mobile Device Evolution – With the increasing complexity of mobile operating systems, collecting all data from a device is no longer feasible. Instead, Rodney emphasized focusing on what’s truly important, like messaging apps and deleted group texts.
  • Cloud Data – Many applications now store critical data in the cloud, requiring additional steps to access and authenticate it. Rodney underscored the challenges posed by cloud-based storage and the evolving nature of data access control, including passwords and multi-factor authentication.
  • Ephemeral Messaging – Apps like Snapchat and other ephemeral messaging platforms present significant hurdles for forensic investigations, as messages are designed to self-destruct. However, Rodney encouraged checking backup servers and reviewing cross-device syncing, which could offer retrieval options.
  • Hyperlink Attachments – The rise of hyperlinks embedded in texts or emails adds another layer of complexity. Collecting data from apps like Google Drive or SharePoint requires upfront knowledge of the organization’s data storage practices to ensure successful preservation and collection.

My Session: Data Collections for eDiscovery and Investigations

On day two, I had the opportunity to present on data collections for eDiscovery and investigations. Since the audience was composed of certified forensic examiners, rather than giving my thoughts on data acquisition, I engaged in discussions with them on best practices for collecting and culling modern data sources such as Slack, MS Teams, geolocation data, social media, and more. We examined strategies for balancing targeted collections (focusing on specific data at the time of collection) versus full collections (capturing everything, but refining later), and the nuances involved in cloud-based data collection.

Key Takeaways from My Session:

  • Targeted Collections – While collecting only what’s necessary saves time, it can create challenges if additional data is needed later. Full collections with post-collection filtering offers more flexibility.
  • Cloud Collections – It’s crucial to understand the scope of cloud data. For example, a simple Meta download may exclude interactions like comments and likes. Tools such as Oxygen’s Remote Explorer can bridge these gaps by pulling all relevant data.
  • Data Translation and Transcription – Adding processes like data translation, transcription, and Personally Identifiable Information (PII) identification before review can streamline workflows. By leveraging Oxygen’s platforms in combination with CloudNine Review, we can optimize the searchability and usability of native data alongside more traditional formats.

A Highly Educational Experience

The two-day Oxygen Forensics summit was packed with cutting-edge insights and practical advice. In addition to the sessions, I enjoyed getting to know the talented Oxygen Forensics team, along with the incredibly knowledgeable speakers and attendees. The discussions on evolving trends, tools, and methodologies in data forensics will certainly influence my future work in eDiscovery and forensic investigations. This summit was undeniably a top-tier event, offering a wealth of knowledge in a short amount of time.

Current Challenges in Modern eDiscovery: Insights from The Masters Conference in Seattle

By Mark Espanet

On September 18th, I had the opportunity to attend The Masters Conference in Seattle, WA, for my second time, hosted by Perkins Coie. This year, I was struck by how much the technology landscape in eDiscovery has evolved, especially with the rapid integration of Generative Artificial Intelligence (GAI). While GAI was a major theme throughout the conference, one session stood out for its exploration of the broader challenges faced in modern eDiscovery.

Session Title: Current Challenges in Modern eDiscovery

Speakers:

  • Alexandra (Alexa) Stemmler, Counsel, Perkins Coie (Moderator)
  • Alletta Brenner, Partner, Perkins Coie
  • Samantha Kepler, ESS Sr. Manager of eDiscovery Program Management, Perkins Coie
  • Brian Werner, Senior Counsel, Boeing

Generative AI in eDiscovery: A Double-Edged Sword

Alletta Brenner opened the session by acknowledging the growing buzz around Generative AI and its potential in eDiscovery, but she did not shy away from discussing the complexities that accompany it.

GAI is often seen as a shiny new tool that promises to streamline workflows, automate tasks, and simplify legal processes. However, as Brenner pointed out, there are significant hurdles to overcome. One of the biggest challenges lies in language models, specifically their ability to interpret evolving human language accurately. Since legal documents are often context-dependent, ensuring that AI can capture nuances and subtleties is critical. As of now, Generative AI is not yet at the stage where it learns from or applies real-world examples effectively—“We’re not there yet,” Brenner emphasized.

Brian Werner echoed this cautious approach, noting that both in-house and outside counsel are still hesitant to adopt GAI. While policies surrounding AI in eDiscovery are beginning to take shape, it’s clear that legal teams are treading carefully.

Key Takeaways on Generative AI:

  • GAI simplifies many aspects of legal work but struggles with context-specific documents.
  • AI adoption remains slow due to cost concerns, with teams saving on review costs but spending more on quality control.
  • A breakthrough moment, such as a high-profile court case validating AI, could shift perceptions—but that moment has yet to arrive.

Court and Cost Considerations

Brenner also highlighted that court testing will be a major factor in determining how GAI is utilized in eDiscovery. A high-profile case involving AI could be the catalyst to change the negative stigma surrounding AI’s role in the courtroom. However, until that happens, legal professionals remain cautious.

Cost, as always, plays a significant role. While GAI promises cost savings in some areas, teams are finding that it leads to increased quality control expenses. Werner added that while AI can reduce review costs, these savings are often offset by the higher cost of ensuring the data reviewed by AI meets defensibility standards.

Modern Data: The Ever-Evolving Challenge

As the conversation shifted from AI to modern data challenges, Samantha Kepler and Brian Werner discussed the growing complexity of handling smartphone data and corporate chat applications like WhatsApp and Microsoft Teams.

Kepler stressed the importance of balancing targeted collections with over-collection, as storage fees for excess data can add up quickly. However, over-collection also has the benefit of defensibility, preventing teams from needing to recollect data later. Privacy considerations remain top of mind, as legal teams must navigate how to collect and store sensitive information while complying with regulations.

The panel also explored the custodial interview process, where handling custodians’ concerns about privacy and data collection is crucial. Kepler emphasized the importance of the custodian’s privacy concerns during the collection process while still collecting all potentially relevant information.

The Gaps in Mobile Data and the Future of AI

One key question raised during the session was: Why are we focusing on AI when we’re still figuring out how to manage modern data? The explosion of mobile data apps has left many legal teams grappling with how to process information from platforms like WhatsApp and Teams. This perceived gap in modern data review needs to be addressed before AI can fully step in to streamline workflows.

As legal standards and workflows continue to evolve, it’s essential for teams to not only familiarize themselves with GAI software but also stay up-to-date with emerging policies around AI in eDiscovery.

In Conclusion

The session at The Masters Conference provided a well-rounded discussion on the current state of modern eDiscovery. While Generative AI holds immense potential, it’s clear that the industry still faces significant hurdles related to language interpretation, cost, and defensibility. In the meantime, addressing the challenges posed by modern data from smartphones and chat applications remains a priority. For now, legal teams should continue learning about AI platforms while staying cautious and informed about how they can be applied in the ever-evolving eDiscovery landscape.

Attending this conference gave me a fresh perspective on how rapidly technology is shaping the legal industry and the ongoing challenges we need to navigate in eDiscovery. I look forward to seeing where the future takes us.

Paper Discovery – Are We Still Managing Paper for Discovery?

The Persistence of Paper in Discovery

Despite the increasing digitization of information, the legal industry still frequently encounters paper documents during discovery. Whether these are legacy documents, physical contracts, handwritten notes, or printed records, the need to incorporate paper into modern discovery workflows is a critical challenge. This need has driven CloudNine’s commitment to continually enhance solutions like CloudNine LAW. The powerhouse processing platform empowers legal teams to integrate paper documents seamlessly into electronic discovery. This can then be exported for review platforms such as CloudNine Review that also allows email, electronic documents and modern data.

Critical Features for Effective Scanning Solutions

When dealing with paper, having the right scanning software is crucial to ensure the transition from paper to digital is smooth and efficient. Your scanning software should include the following essential features:

  • Universal Compatibility: Support for any scanner using a TWAIN or ISIS driver ensures that no matter the scanner hardware, it can be leveraged for the task at hand.
  • Control Numbering: Allows you to automatically number pages and documents to maintain proper indexing throughout the discovery process.
  • Folder Management: Effective folder control ensures that scanned documents are organized and stored correctly.
  • Advanced Scanner Settings: Features like brightness, contrast, DPI (dots per inch), and the option to use feeder or glass settings let you fine-tune scans for optimal quality.
  • Document Relationship Creation: The ability to create “families” by linking parent documents to child attachments preserves the structure of multi-document files.
  • New Document Creation & Modification: Flexibility in scanning, such as scanning as new documents, appending existing documents, inserting pages, or replacing them, is vital to managing evolving document sets.
  • Page Adjustments: Features like adjusting page size, rotating, and cleaning up images ensure clarity and uniformity in the digital versions.
  • Barcode Integration: Using barcodes for folder, document, and attachment organization automates tracking and management.
  • Searchable PDFs & OCR: Optical Character Recognition (OCR) converts scanned images into searchable text, making it easier to find and review critical information within documents.
  • Unlimited Scanning: No restrictions on how many pages you can scan. No clicks to track.
  • Print to Paper: For those who still need physical copies, blowbacks (reproduced printed copies of digital documents) remain a popular option for productions and review.

From Paper to Pixels and Beyond

Ensuring you have the right technological solution to manage all aspects of discovery is essential, especially in today’s hybrid landscape of paper and digital evidence. CloudNine is continuously evolving its products to handle everything—from paper documents to emails, text messages, social media data, and everything in between. Our tools are designed to streamline the process, reduce the manual burden, and ultimately improve the efficiency of legal teams.

Are you ready to streamline your discovery process, from paper to the cloud? Sign up for a demo today!

Oxygen and CloudNine: Device Collection Through Production

With 27 billion text messages sent daily, smartphones had unsurprisingly become a top request in legal discovery, alongside email, corporate chat applications, and electronic files. Recognizing this trend, this webinar brought together experts Richard Clark and Brian Kelley from CloudNine, along with Keith Lockhart from Oxygen Forensics, to discuss practical solutions for reducing the time and cost associated with smartphone and device collections.

During the session, they explored various strategies for determining which evidence to request and how to identify the modern data sources that surfaced most frequently. The experts also delved into best practices for collecting data from devices, efficiently culling it for review, and reviewing smartphone data natively to enhance the efficiency of the process. Additionally, they highlighted methods for viewing cross-channel and cross-platform communications in context, and discussed the different ways productions could vary, including the options available for data export to meet specific production requests.

See the second webinar in the series on Early Case Assessment of modern data

ILTACON 2024 – Practical Innovation with Today’s Data on Display (Even New Developments in AI for eDiscovery!)

By Rick Clark

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

Immersed in the World of Legal Tech

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

Exploring AI’s Role in Legal Discovery

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

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

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

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

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

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

Key Takeaways and Cautionary Tales

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

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

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

A Week of Meaningful Connections and Innovations

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

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

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

Unwinding in Nashville

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

Conclusion

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

Highlights from Masters Conference New York 2024

By Rick Clark

The Masters Conference for Legal Professionals in New York City hosted by Morgan, Lewis & Bockius LLP on July 24th was replete with insights on applying AI to eDiscovery, collecting and reviewing text and chat app data and information governance. A second conference the following day was held on “soft skills” provided valuable tips on enhancing your communication skills and your career was emceed by Rich Robinson of Toyota. My take on the conference highlights follows.

At this year’s Masters Conference, I had the privilege of leading a breakout session titled “Navigating Modern eDiscovery: Native and Document Review Strategies for Communication Tools.” The room was filled with both new and familiar faces, promising a lively and insightful discussion. The session focused on the evolving landscape of eDiscovery, especially as collaboration platforms like Slack and Microsoft Teams become central to business communications, overshadowing the traditional reliance on email.

The rise of digital collaboration has significantly altered the document review collection process, which previously focused primarily on documents and emails. A recent State of the Industry report from eDiscovery Today highlighted that nearly 90% of corporate respondents now need to collect collaboration data for legal cases. This shift underscores the necessity for updated eDiscovery strategies that accommodate a broader range of communication tools. At a session we held earlier in the week with our managed review partner, Integreon, we also covered this topic and included a discussion on updating workflows between teams and choosing the right technology to match a modern data set. You can view more of their tips in their recently published blog, “Data, Documents and the eDiscovery Review Process – Are We Doing It Right?

During our Masters Conference session, we introduced CloudNine’s latest release of our award-winning eDiscovery platform, CloudNine Review. This updated platform integrates traditional and native review methodologies, revolutionizing eDiscovery practices to handle any type of data in one unified platform. I discussed the challenges and solutions of managing electronic communications during the discovery process and emphasized how CloudNine’s native review approach enhances efficiency compared to traditional document-centric methods, whether dealing with chat logs, social media messages, or email threads. This approach helps to tell the whole story while saving time and reducing costs.

To provide a well-rounded perspective, I included insights from esteemed professionals in the audience, including Alex Lewis, Managing Partner of Kuro Group; Kelly Twigger, CEO of eDiscovery Assistant; and Liz Gary, Senior Associate at Morgan Lewis. Their contributions enriched the discussion, particularly when addressing the challenges of modern discovery.

I also referenced the “Internet Minute” graphic from 2023, illustrating the vast volumes and variety of modern data. Notable highlights included:

  • Over 1 million organizations use Microsoft Teams, including 91% of the Fortune 100 companies (2024).
  • In one year, more than 6 billion chats are sent via Microsoft Teams, and over 17 billion via Slack (2024).
  • Text messaging, preferred for both personal and business communication, sees over 27 billion messages sent daily.

The internet in every minute - 2023 (pie diagram)

A poll conducted among CloudNine’s 20,000 LinkedIn followers revealed that 84% always or frequently encounter issues dealing with text or chat application data in eDiscovery, with Microsoft Teams posing challenges for 52% and Slack for 35%. A quick poll of the session’s attendees showed similar results, reflecting the widespread nature of these challenges.

We delved into common data requests for discovery, covering corporate chat applications (Slack and Teams), text messages, email and efiles, phone calls, voicemails, and other data types. The discussion highlighted several key issues:

  • The tedious nature of converting data to documents before review.
  • The difficulty of tracking cross-platform conversations that might start in an email, move to Slack, and conclude in WhatsApp.
  • The expense and time consumption associated with getting modern communications converted to documents then loaded into traditional document review platforms.
  • The increasing necessity for flexible production formats in response to varied production requests.

Despite these challenges, the session ended on a positive note, showcasing the capabilities of CloudNine Review. This flagship platform allows for the import, review, and production of all data types within a single platform, offering a seamless blend of native and document review workflows. Unlike other main review platforms that only support document review, CloudNine Review supports a comprehensive approach, addressing the needs of modern eDiscovery with greater efficiency and flexibility.

Overall, the session underscored the importance of adapting eDiscovery practices to accommodate the complexities of modern digital communication, ensuring that legal teams can manage and review data effectively in today’s rapidly evolving landscape.

The first session I was able to sit in on was a morning session was titled Is “Custodial” Discovery Dead? What the Rise of Chats and Collaboration Tools Means for Data Preservation and Production.

Session Speakers:

  • Kelly Twigger, CEO, ESI Attorneys
  • Liz Gary, Sr. Associate, Morgan, Lewis & Bockius LLP
  • Bansri McCarthy, Associate, Morgan, Lewis & Bockius LLP
  • Andrew Peck, Senior Counsel, DLA Piper LLP
  • Jessica Perazzelli Ross, Head of Global eDiscovery, SwissRe Group

In our new era where communication methods are rapidly evolving, it’s essential to question the relevance of email as the primary source of information. For discovery purposes, is the practice of relying solely on custodial email collections becoming obsolete? This session delved into the implications of the changing landscape of business communications for data identification, preservation, and collection.

Custodial Approach: An Outdated Model?

Traditionally, the custodial approach has been the cornerstone of data collection. Jessica Perazzelli Ross noted that this method served as the starting point for placing data on legal hold. However, Andrew Peck pointed out that the definition of a “document” has evolved from physical documents to emails and now to new collaboration platforms, reflecting the diversity of modern communication tools.

Bansri McCarthy emphasized that relying solely on custodians is no longer effective due to the proliferation of corporate communication channels. Critical data often resides in real-time platforms like Microsoft Teams, where documents are linked and accessible by many, making traditional custodial ownership obsolete.

Challenges with New Communication Tools

Liz Gary highlighted that while email remains a common business communication tool, the rise of group email boxes and distribution lists complicates data collection, requiring deeper investigation. This complexity was underscored by an audience question: is an “info@” email address a custodian? Gary’s response highlighted the need for thorough data assessment in modern communication channels. In other words, know what information is shared in those group-held email inboxes. Kelly Twigger added that a physical examination of data is necessary to determine its responsiveness.

Access and Preservation Issues

Peck discussed how access to collaboration platforms varies based on subscription levels, posing challenges for data preservation and collection. Twigger noted that Microsoft’s tiered enterprise access means not all employees need higher-level access, which affects data organization and preservation.

Ross mentioned that although the custodial approach remains a starting point for placing legal holds, additional data in SharePoint’s or Teams channels needs to be identified through custodial questionnaires.

Organizational Dynamics

Gary pointed out that communication structures in channels, where people come and go, require careful scrutiny to identify pertinent conversations. Twigger compared tools like Slack to MS Teams, noting the complexities added by their channel and conversation setups. Effective license management for these tools is crucial for data collection.

Non-Custodial Data Sources

Identifying responsible parties for non-custodial data sources is crucial, according to McCarthy. Twigger added that data maps, which once focused on email, now need to encompass various data sources for effective information governance.

Preservation Triggers and Compliance

Peck explained that preservation triggers vary by case. Internal disputes might not require preservation unless escalated to an external body like the EEOC. Keeping pace with the expanding scope of litigation is critical to avoid spoliation fines. Whether ESI protocols are court-mandated or agreed upon, they come with compliance obligations. Court orders, in particular, can lead to sanctions under Rule 37(b).

Roles and Responsibilities

Twigger noted that custodians often lack the knowledge for preservation processes, necessitating collaboration with IT. However, IT should not bear legal responsibilities. Ross emphasized that eDiscovery bridges legal and IT departments. Maintaining data maps and having key data sources and personnel ready for preservation are vital. An in-house eDiscovery professional can effectively translate legal requirements into IT actions.

Peck added that knowledgeable in-house eDiscovery attorneys facilitate the discovery process for outside counsel, who certify discovery processes per Rule 26(g).

Emerging Data Complexity

Gary suggested that additional data collections might be warranted if referenced in conversations. Detailed notes from custodial interviews help ensure comprehensive data awareness. Twigger emphasized that the increasing complexity and volume of data shorten discovery timelines, making robust processes essential.

The session underscored the shifting landscape of data discovery, emphasizing the need for adaptive strategies to manage the growing variety and volume of modern business communications.

The next session I was able to attend was a deep dive into how employees are now communicating on platforms other than simply email.

Regulatory Focus: Off-Channel Communications and Emerging AI Governance

Session Speakers:

  • Mike Gaudet, Managing Director, JS Held
  • Antonio Rega, Managing Director, JS Held
  • Yohance Bowden, Sr. Associate Counsel, Metropolitan Transit Authority (MTA)
  • James Sherer, Partner, Baker Hostetler LLP
  • Kiriaki Tourikis, Counsel, Reed Smith LLP

The session covered two pressing topics: the complexities of off-channel communications and the emerging governance of artificial intelligence (AI). With the ongoing evolution of remote work and advancements in AI, understanding regulatory and compliance frameworks is crucial.

Off-Channel Communications: Navigating the New Normal

James Sherer kicked off the discussion by highlighting the increasing prevalence of off-channel communications, a trend that has surged with the work-from-home culture established during the pandemic. This shift has persisted, presenting new challenges in data management and compliance.

Kiriaki Tourikis emphasized that despite the pandemic-induced changes in work environments, the obligations for data preservation remain unchanged. Organizations must understand their baseline data preservation strategies and the applications they use, which could impact litigation.

Yohance Bowden noted that companies often issue mobile devices to expedite communications, which introduces additional layers of complexity in managing these devices.

Antonio Rega elaborated on the concept of Bring Your Own Device (BYOD) or Company Issued Device (CID) policies, which vary based on business needs or regulatory requirements. In regulated industries, agencies like the SEC mandate third-party audits to ensure compliance with business use of these devices. Such audits involve extensive keyword searches and raise privacy concerns regarding the distinction between personal and business use.

Tourikis stressed the importance of training employees on the appropriate use of corporate chat applications and implementing consequences for non-compliance. Despite such measures, violations—whether due to negligence or malintent—still occur, necessitating clear management and enforcement steps for policy breaches.

Regulatory Take on Artificial Intelligence

The session transitioned to the regulatory perspectives on AI, with Sherer stating that agencies like the FTC and DOJ assert that companies cannot delegate away their responsibilities. Organizations must understand their AI implementations and identify who is accountable for the outcomes. It’s also crucial to have clear explanations for the use of AI technologies.

Rega brought attention to chatbots, which have become ubiquitous and collect vast amounts of conversational data. He questioned whether these conversations should be subject to collection and how this impacts privacy.

Tourikis added that it is essential to understand the content and context of chatbot interactions. Organizations need to analyze the validity and value of these conversations and determine the appropriate retention periods for such data.

Sherer noted that most chatbots, especially those on websites, are typically “out of the box” solutions that may not always align with specific business needs. If a chatbot conversation replicates what would typically be a human interaction, it likely needs to be preserved.

Rega highlighted that many countries are adopting a cautious approach to AI deployment due to regulatory and privacy concerns.

Public Records Requests and AI Challenges

Bowden discussed the complexities of fulfilling public records requests at the Metropolitan Transport Authority (MTA), particularly in the context of FOIL (Freedom of Information Law for the state of New York) releases. Some requests, such as those for audio source files of train announcements, pose security risks. The concern is that such files could be manipulated using Generative AI (GAI) programs, potentially compromising the train’s operating system.

Rega concluded by noting that GAI programs still require human oversight due to potential challenges and inconsistencies in AI-generated outcomes.

The session underscored the importance of staying abreast of regulatory changes and implementing robust governance frameworks to manage the complexities of off-channel communications and AI technologies effectively. As these areas continue to evolve, organizations must be proactive in addressing compliance, privacy, and security concerns.

The last session of the first day was a thoughtful discussion on how we may be able to quantify elements of legal practices, especially in eDiscovery.

Quantifying the Unquantifiable in Discovery

Session Speakers:

  • Joe Pirrotta, ProSearch
  • Shana Pederson, Morgan, Lewis & Bockius LLP
  • Melissa Heidrick, mmData
  • Monica Harris, Harris Consulting

The practice of discovery has seen significant evolution over the years, developing mature functions and frameworks for managing the process. We’ve created methods and tools to quantify various factors impacting the cost, quality, and efficiency of discovery—such as data volume, document types, review rates, accuracy, and responsiveness. However, certain aspects of discovery remain challenging to measure, such as the complexity of a case, the skill of the reviewers, the strategy of opposing counsel, and the value of the information. How do we quantify these “unquantifiables?”

In this session, panelists discussed how to navigate the grey areas of discovery when the data does not provide clear answers or guidance. Attendees learned about using critical thinking, risk assessment, and scenario planning to make informed decisions amid uncertainty. The panel also explored how to communicate rationale and evidence to courts, peers, and opposing parties, and how to handle challenges and disputes when the answer is “it depends.”

Managing Uncertainty

One of the primary challenges in discovery is predicting what will be produced and the associated costs. Shana Pederson highlighted that clients often ask for these estimates before diving into the data, requiring practitioners to provide reasonable guesstimates with the caveat that these might change as more information becomes available.

Melissa Heidrick emphasized the temptation to rely on historical data and processes during early data assessments. However, given the increasing variety and volume of data, each case must be approached uniquely to avoid limiting access to critical evidence.

Monica Harris stressed the importance of early data assessment in determining the types and volumes of data involved, which then informs the development of an ESI protocol. Setting clear expectations is crucial, as eDiscovery will vary in volumes, costs, and other variables across cases.

Transparency is key, according to Shana Pederson. Open communication helps manage expectations throughout the process and fosters trust and buy-in from stakeholders. Acknowledging that things can change even within a single case helps set realistic expectations and avoids potential issues.

Return on Investment

Discussing the return on investment (ROI) in discovery, Harris shared that as a product manager dealing with emerging technologies, there isn’t a one-size-fits-all answer for measuring ROI. Proof of concepts (POCs) are invaluable for learning and validating new processes.

Pederson agreed, noting that while it is difficult to quantify ROI for new data types, POCs provide essential insights. As the industry learns to manage new data types, similar to how it adapted to managing email 15 years ago, predictions about volumes and costs will improve.

Heidrick added that while conducting a POC, having a baseline for benchmarking against past projects is important. Even if the new data is vastly different, a baseline helps measure progress and effectiveness.

The Value of Wisdom

The session concluded with a discussion on the value of wisdom in the discovery process. Harris emphasized the importance of mentors within the industry, who can provide guidance and support. Surrounding oneself with mentors and being present in the community helps navigate challenges and learn from others’ experiences.

Heidrick reinforced the significance of mentorship, highlighting that mentors who have “climbed their mountain” are invaluable resources. Paying attention to the present moment and learning from the community can prevent repeating past mistakes and foster growth, but seek out those mentors as they won’t automatically offer up mentorship.

Pederson shared a philosophy of teaching with mindfulness and learning with gratitude, which resonated with the panel. Harris noted that mistakes often provide the most valuable lessons. Emotional intelligence, such as understanding the underlying needs in peers’ requests, is crucial for effective communication and problem-solving.

Heidrick concluded with advice on addressing bad news promptly. “Bad news doesn’t age well,” she said, recommending that bad news be delivered upfront rather than attempting to fix issues independently.

This session underscored the importance of adaptability, transparency, and the collective wisdom of the community in managing the unquantifiable aspects of discovery.

Day 2 – The Masters Conference Legal Power Skills with Rich Robinson

Then there was an add-on conference day which was an energy infused professional development day of topics in the arena of “Legal Power Skills” that was also hosted by Morgan Lewis and emceed by Rich Robinson. Robinson thoughtfully put together a day of legal power skill specifically catered to the legal industry as he has always had a passion for legal operations that includes power skills. His pillars of the skills are leadership, collaboration, communication, adaptability, emotional intelligence, and ingenuity. I attended most of the sessions and I walked away feeling refreshed, excited and knowing I have a lot to apply to personal life and professional career and captured below my takeaways from the sessions I was able to attend. The last session was a recorded “Dear Legal Ops” podcast, and you can listen to the episode here.

Communication Pie Diagram

The industry’s ubiquitous Cat Casey kicked off the event with a thoughtful presentation then panel session on how to build your personal brand: Communication – Speak Up, Stand Out: Your Legal Branding Playbook with Cat Casey

In today’s competitive legal landscape, having a strong personal brand is essential. It’s not just about professional achievements; it’s about what people say about you in the room and beyond. Cat Casey’s session, “Speak Up, Stand Out: Your Legal Branding Playbook,” explored the nuances of personal branding and offered a comprehensive guide for legal professionals looking to differentiate themselves.

Your Personal Brand: Casey emphasized that everyone has a personal brand, which starts with understanding your “why.” This foundational element informs your approach to branding, whether through LinkedIn, social media, or other platforms. She stressed the importance of authenticity, advising attendees to start with their core values and what sets them apart from other lawyers. By focusing on their niche and building a solid visible identity or writing style, legal professionals can create a distinctive and genuine brand.

Understanding Personal Branding: Brian Meegan shared his perspective, highlighting that a brand goes beyond social media; it’s about how you want people to perceive you. Maribel Rivera described personal branding as the feeling people get when you are in the room and how you uplift and inspire others. Scott Milner spoke about legacy—his journey from a contract attorney to leading a global practice—and how his brand is about trailblazing and lifting everyone around him.

Investing in Your Brand: Rivera emphasized that her brand is rooted in her values, particularly family and transforming individuals from feeling like victims to warriors. She spoke about the importance of constant education and stepping out of her comfort zone. Meegan, drawing a parallel to his role as a drummer in a band, explained how he excels as a middle manager, supporting both the CEO and the team while extracting the best from those around him. Casey pointed out that your brand sticks with you, not necessarily your company, though it benefits the company as well.

How Your Why Shapes Your Brand: Casey noted that branding is an equalizer, allowing individuals to change their circumstances regardless of the cards they are dealt. Milner shared his experience with LinkedIn, where he incorporates personal elements alongside his professional life. He credited his mentor, Tess Blair, for helping him build his brand and emphasized the importance of being available to support colleagues’ growth. Rivera highlighted the significance of surrounding yourself with people who hold you accountable and support your authentic self. She recommended having a network that includes people who are where you were, where you are now, and where you want to go, and investing in an executive coach.

Secret Personal Brand Weapons: Meegan revealed that his secret weapon is the creativity of the people he works with. Rivera cited empathy, community, and authenticity as her key strengths, stressing the importance of being vulnerable and sharing her true feelings with those she cares about.

This session underscored the critical role of personal branding in the legal field. By understanding and embracing their unique values and strengths, legal professionals can create a powerful and lasting impact both within their organizations and in the broader community.

Ingenuity – Leveraging Design Thinking Principles to Transform Legal Perspectives on Technology with Scott Milner

In the evolving landscape of legal technology, Milner’s session on leveraging design thinking principles offers a fresh perspective on how the legal profession can embrace technology as a transformative ally rather than just a tool. The session delves into overcoming the deeply rooted status quo bias and cognitive fixedness that often hinder innovation in law firms and legal departments.

What is Disruption? To truly become a disruptor and prepare for inevitable changes, it’s crucial to have the right people in place. Disruption, often perceived as a threat, should be seen as an opportunity long before it becomes one. This perspective shift is central to embracing design thinking principles, which start with defining the problem and overcoming barriers like cognitive fixedness, status quo bias, and the failure to address pain points.

Insights from the Panel: The panel featured industry leaders who shared their experiences and insights on navigating the challenges of legal innovation:

  • Angelique Harris, VP and eDiscovery Counsel at Barclays: Harris emphasized the importance of not being afraid to speak up if you believe you are bringing value or need to learn something new. This openness can lead to opportunities and even dream jobs.
  • Farrah Pepper, Chief Legal Innovation Counsel at Marsh McLennan: Pepper shared that claiming roles that resonate with you is crucial. Throughout her career, she often took paths that aligned with her gut feelings, even when those paths diverged from traditional career growth expectations.
  • Jessica Jones Escalara, Managing Director and Head of Legal Operations: Escalara highlighted the necessity of empathy in innovation. By putting yourself in the shoes of others and understanding their perspectives, you can bring them along on the journey of change.
  • Jeremy Burdge, COO at Eltemate, Hogan Lovells: Burdge encouraged being proactive with innovative ideas, even if it means implementing processes before officially asking for the firm’s investment. This approach demonstrates commitment and feasibility.

Addressing Failures and Headwinds: The session also addressed the inevitable failures and headwinds that come with innovation:

  • Harris: Emphasized the importance of not taking things personally and being open to criticism. Tough conversations are essential for personal and professional growth.
  • Jones Escalara: Encouraged persistence, noting that a single failure doesn’t dictate future outcomes. Trying different approaches can eventually lead to success.
  • Milner: Warned against coercion in implementing new platforms or changes, as it often leads to stronger resistance. Instead, fostering an environment of curiosity and creativity is key.
  • Burdge: Highlighted the necessity of embracing failure, supporting team efforts, and refining approaches. Incremental wins can drive significant achievements over time.

Leveraging External Insights: Milner also advised learning from other industries to gain new perspectives. Successful practices from diverse fields can provide valuable insights that help in navigating and innovating within the legal profession.

Milner’s session underscored the transformative potential of design thinking principles in the legal field. By redefining disruption as an opportunity and embracing empathy, curiosity, and persistence, legal professionals can navigate the complexities of technological innovation. This approach not only enhances individual careers but also drives collective progress within the legal industry.

The second to last session was a unique and engaging presentation on Crisis Management. Though this topic is rarely discussed in our legal eDiscovery industry, it was an informative look into how corporate executives can be trained on how to work with the media in times of crisis or simply releasing a product to the market. Eric Chilton, President of Broadcast 2 Go and meteorologist for Channel 2, Greensboro, NC, walked us through how the media works in general, how to prepare your 15-second soundbite, and even some things on what NOT to do.

Leadership – Crisis Management with Eric Chilton

In the fast-paced world of media, understanding how to navigate crisis situations is crucial for effective leadership. Chilton’s session on crisis management emphasized the importance of media strategy and preparation, providing invaluable insights for leaders across all industries.

Understanding the New Media Landscape Chilton began by highlighting the vast influence of media, encompassing everything from devices and social feeds to traditional television and radio. He pointed out a critical trend: the average TV newsroom has experienced a 30% reduction in staff. This downsizing means that stories are often produced quickly, with reporters having only a few hours to film, conduct interviews, and gather supplementary footage (b-roll). As a result, news stories are typically condensed into 90-second segments, with sound bites lasting only about 15 seconds.

This condensed format requires those being interviewed to be concise and precise with their messaging. Chilton emphasized the importance of preparing key messages in advance, calling it a preamble, ensuring they can be communicated clearly and effectively within the short time frame available.

The Art of the Preamble One of the session’s key takeaways was the importance of a well-crafted preamble. This introductory statement, infused with a touch of emotion, sets the tone for the message and can help pivot from a reporter’s question to the intended message. Chilton underscored the power of emotion in communication, using a Maya Angelou quote to illustrate the point: “I’ve learned that people will forget what you say, people will forget what you did, but people will never forget how you made them feel.” A compelling preamble can leave a lasting impression, making it a vital component of any media interaction.

Crisis Management Training When working with C-suite executives, Chilton focuses on developing “interview muscle memory.” This involves one-on-one sessions where the executive and Chilton brainstorm potential preambles and key messages. They also conduct mock interviews, complete with a videographer, to simulate real-life scenarios. This hands-on approach provides immediate feedback, helping executives refine their delivery and messaging. The goal is to develop custom, branded messages that resonate with audiences and reflect the company’s values.

Presentation Tips Chilton also offered practical advice on appearance while on camera. He advised keeping clothing patterns simple and avoiding white shirts without a jacket, which can be visually distracting on camera. The focus should be on the interviewer, not the camera, to maintain a natural and engaging presence. Vocal inflection and hand gestures should be balanced to avoid a monotone delivery or overly animated movements.

These insights are not just applicable to crisis management; they are also valuable for anyone looking to build their professional brand. By mastering media interactions, leaders can effectively communicate their message, manage public perception, and navigate crises with confidence.

Normally after two days of conferencing (let alone doing an ILTA Roadshow on Tuesday) I am exhausted, but the Legal Soft Skills presentations energized all of us and we had a lot to talk about at the happy hour that followed at the legendary The Campbell at Grand Central Station. I am hopeful that Rich Robinson’s conference works its way around the country with the other Masters Conferences for Legal.

If you are interested in learning more about tackling modern data, download our guide, “The Ultimate Guide to Handling Text and Chat Data in eDiscovery” here and contact us for a demo of CloudNine Review.

You can also see us at ILTACON 2024 in Nashville, August 11-14. Stop by booth 752 to meet our collections partner, Oxygen Forensics, and me and get a look at how together we can help you speed your digital evidence collection, analysis and review. Not attending ILTA but want to learn more? Register today for our ILTA webinar on August 21 at 1 pm ET on streamlining digital evidence collections and reviews, hosted by Oxygen Forensics and CloudNine.