Electronic Discovery

Is eDiscovery Business Confidence In For a Big FALL?: eDiscovery Trends

That sentence could be taken two ways, of course.  :o)  It’s that time again!  I’m here to cover the results of the Fall 2019 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site.  So, how confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery?  Let’s see.

As always, Rob provides a complete breakdown of the latest survey results, which you can check out here.  He also provides some additional analysis on factors that impact eDiscovery business confidence here.  As I’ve done for the past few surveys, I will provide some analysis and I’m continuing to take a look at all surveys conducted to look at trends over time.  So, this time, I will look at the results for all (sweet) sixteen surveys to date, from January 2016 to present.  This time, I’m also looking at some of the numbers compared to their averages over all sixteen surveys as additional historical comparison.

The Fall 2019 Survey response period was initiated on September 29 and continued until the registration of 150 responses last Thursday.  Another high number of participants, thanks in part to support and promotion from the Association of Certified E-Discovery Specialists (ACEDS).

Software and/or Services Provider and Law Firms Still One-Two: As usual, Software and/or Services Provider respondents was the top group with 36.0% of all respondents, the highest percentage since last fall and about average for the sixteen surveys (36.7% average over that time).  Law Firm respondents were once again reasonably close behind at 30.7% of all respondents (also close to the lifetime average of 30.4%).  Corporation respondents were once again third at 14.0%, the third survey in a row at this level (and almost double the lifetime average of 7.4%).  Consultancy was once again fourth at 12.0%.  If you count law firms as providers (they’re technically both providers and consumers), providers account for 78.7% of total respondents.  Though, expanding the respondents has still continued diversify the responses somewhat, especially with regard to corporate respondents.  Here’s a graphical representation of the trend over the sixteen surveys to date:

So, how confident is another large group of respondents in eDiscovery business confidence?  See below.

Less Than Half of Respondents Consider Business to Be Good: This quarter, we saw a 2.2 point dip to 48.7% of respondents, which is the lowest ever for a Fall survey.  It’s also below the average of all surveys (54.4%) by 6.7 points.  48.0% of respondents consider business to be normal, so the good and normal numbers are just about the same.  Only 3.3% of respondents rated business conditions as bad, which is the lowest percentage ever and 4 points below the lifetime average of 7.3%.  So, does that mean a lot of “same old, same old” on the business front?  Hmmm…  Here is the trend over the sixteen surveys to date:

So, how good do respondents expect business to be in six months?  See below.

Most Respondents Expect Business to be the Same Six Months From Now: While most respondents (96.0%) expect business conditions will be in their segment to be the same or better six months from now, the percentage of those expecting business to be better was only 38.7%, while those expecting business to be the same was a whopping 57.3%. Those expecting worse business conditions remained unchanged at 4.0%.   More than half of respondents also expected the same on revenues and profits – 52.7% and 56.7% respectively.  The percentage of respondents expecting higher profits did rise from the last survey 2.1 points at 33.3%, but when looking at previous Fall surveys, this Fall reflects the lowest percentage of respondents expecting higher profits for Fall surveys and is 7.3% lower than the average for the sixteen surveys.  Here is the profits trend over the sixteen surveys to date:

Will the trend toward less higher profits predictions continue in the future?  We’ll see.

Show Me the Money!  Budgetary Constraints Again Considered to Be Most Impactful to eDiscovery Business: Lower profits, higher budgetary constraints – I think I see a correlation here.  Budgetary Constraints was the top factor for the second quarter in a row at 24.0%, which was slightly higher than the lifetime survey average of 23.8%. Increasing Types of Data was once again third at 21.3%, and has been trending upward as that number is 4.8 points over the lifetime average of 16.5%.  Increasing Volumes of Data dropped down to third at 19.3%, which is 4.3 points lower than its lifetime average of 23.6%.  Lack of Personnel at 13.3% and Data Security at 13.3% tied for fourth and Inadequate Technology (once again) brought up the rear at 8.7%.  It still surprises me that more don’t find that to be the most significant factor, but numbers never lie, right? ;o)  The graph below illustrates the distribution over the sixteen surveys to date:

Budgetary Constraints, Increasing Volumes of Data, and Increasing Types of Data continue to consistently be the top three factors quarter after quarter and have been since last Fall, when Lack of Personnel snuck into third.

Distribution of Respondents is Once Again Reasonably Even: Operational Management respondents were once again the top group at 35.3% (3.2 points over the lifetime average of 32.1%) and Tactical Execution respondents were second at 34.7% (6.4 points over the lifetime average of 28.3%) and Executive Leadership respondents were last again at 30.0%, once again almost 3 percent higher than last quarter (yet, still 9.6 points lower than the lifetime average).  Here’s the breakdown over the sixteen surveys to date:

Remember when Executive Leadership respondents were the dominant group?  That doesn’t seem to the case with larger overall respondent groups as that group has been last for the last three surveys with 150 or more respondents.

Again, Rob has published the results on his site here, which shows responses to additional questions not referenced here.  Check them out.

So, what do you think?  What’s your state of confidence in the business of eDiscovery?  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 at Relativity Fest 2019

Wednesday at Relativity Fest and Show Recap: eDiscovery Trends

As we noted yesterday and Monday, the 2019 Relativity Fest conference is going on this week, CloudNine is once again here as a Sponsor and Exhibitor and I have been covering the show for eDiscovery Daily.  So, in this last day of the show, I’ll discuss a few highlights.

This year, Relativity Fest has been October 20 through October 23 in Chicago at The Hilton Chicago (a full three weeks later than last year). If you’re in the Chicago area, you can still attend on a one-day pass for today.  As a development partner in the Relativity ecosystem, CloudNine has once again been at the conference and is there again today to provide demonstrations of our product interconnections with Relativity.

While there are sessions today, they are all breakout sessions related to Relativity products, exams and workshops.  Relativity also will have its Innovation Awards ceremony today at 11:40am CT.  Since we focus on legal education sessions here at eDiscovery Daily, we will instead discuss a few show highlights, as well as a couple of sessions that I attended and the one that I moderated.

Welcome Reception

The Welcome Reception was conducted on Sunday night from 7-9pmin the Exhibit area.  While some people were still arriving to the conference Sunday evening and Monday morning, it was still very well attended (and crowded), as illustrated by this photo by Tom O’Connor.

Judicial Panel

One of the highlights every year of Relativity Fest is the (now) annual Judicial Panel, moderated (as always) by the ubiquitous David Horrigan of Relativity.  This year’s panel did not disappoint, including: Hon. William R. Matthewman – U.S. Magistrate Judge, (S.D. Fla.); Hon. Xavier Rodriguez – U.S. District Judge, (W.D. Tex.); Hon. Tanya R. Kennedy – Justice, New York State Supreme Court, New York County; Hon. Nora Barry Fisher – Senior U.S. District Judge, (W.D. Pa.).  Here’s a picture of that panel:

The cases covered by the panel were as follows:

As usual, the judges had interesting takes on the cases and each had a unique perspective based on their jurisdictions and experience as judges, as well as life prior to becoming a judge.

e-Discovery Disasters and How to Avoid Them: Don’t Let This Happen to You

This was the session I moderated with panelists Tom O’Connor – Director, Gulf Coast Legal Technology Center; Kelly Twigger – Principal, ESI Attorneys; Salvatore Mancuso – Vice President of Client Solutions, BlueStar Case Solutions, Inc.  Here’s a picture of our panel:

While I’ll leave it to others to comment on the quality of the session, it was well attended and all the panelists did a great job discussing the disasters and how to avoid them.  We provided some resources for more information on the disasters we covered, as well as general best practices, so here are those:

State of the e-Discovery Union: The Roundtable on the Industry and the Profession

Interesting concept of having a “contest” of two teams (Team “Data”: Meribeth Banaschik – Partner / Forensics & Integrity Services, Ernst & Young GmbH, Ari Kaplan – Principal, Ari Kaplan Advisors and Ryan O’Leary – Senior Research Analyst, IDC; Team “Legal”: Kelly Twigger – Principal, ESI Attorneys, Zach Warren – Editor-in-Chief, Legaltech News and Mary Mack – the new CEO of EDRM) discussing eDiscovery issues moderated by David Horrigan and “judged” by Hon. James C. Francis IV – Distinguished Lecturer, City University of New York School of Law and Hon. Andrew J. Peck – Senior Counsel, DLA Piper.  From where I was sitting, I couldn’t get a clear picture of all the panelists, so you’ll have to imagine it.

While the “contest” was somewhat quickly abandoned, the large panel had terrific takes regarding topics including technical competence, GDPR, Rosenbach v. Six Flags and biometric data tracking, and what is the worst part of eDiscovery.  Despite the large panel, there was plenty of opportunities for each to weigh in on the topics and it was a terrific session that included audience participation on that final topic as well.

Over 2,100 attendees and a lot of old friends caught up with and several new friends made!  On to RFest 2020!  Whenever that will be.  :o)

So, what do you think?  Did you attend Relativity Fest 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.

CloudNine at Relativity Fest 2019

Tuesday’s Relativity Fest 2019 Sessions: eDiscovery Trends

As we noted yesterday, the 2019 Relativity Fest conference is going on this week, CloudNine is once again here as a Sponsor and Exhibitor and I will be covering the show for eDiscovery Daily.  Let’s check out some of the sessions lined up for today (including the one I’m speaking at!).

This year, Relativity Fest is October 20 through October 23 in Chicago at The Hilton Chicago (a full three weeks later than last year). If you’re in the Chicago area, you can still make it for nearly all of the conference or attend on a one-day pass.  As a development partner in the Relativity ecosystem, CloudNine will once again be the conference and will be there to provide demonstrations of our product interconnections with Relativity.

Here are some of the eDiscovery-related sessions for today:

8:30 AM – 9:30 AM:

Is It Time to Rethink the EDRM?

The EDRM has been a household name in the e-discovery and legal technology industry for 15 years. It has provided a framework for the development of software and services. In the increasingly non-linear and fast-moving legal technology world in which we now live and work, where cloud-based solutions, analytics, machine learning, and AI are impacting the data-driven decisions being made, is it time to rethink the EDRM? Join this lively and interactive session for a discussion about evolving standards and workflows in e-discovery and how they might be incorporated into a revised EDRM. This panel discussion will feature a speaker from the EDRM, a speaker from Relativity, and one or two industry leaders.

Speakers Include: Michael Quartararo – Managing Director, eDPM Advisory Services; Darcie Spruance – Senior Project Manager, Ms.; George Socha – Managing Director, BDO; Constantine Pappas – Senior Manager, Relativity Solutions, Relativity; Philip Favro – Consultant, Driven, Inc.

e-Discovery Disasters and How to Avoid Them: Don’t Let This Happen to You

e-Discovery mistakes and failures happen even at the largest organizations in the most high-profile situations—and this panel has proof. Join us to hear examples of failures by a major medical center, a major financial institution, a large federal government agency, and a noted presidential advisor. The panel will discuss the various issues that occurred in these high-profile cases and what to do to avoid them in your own cases.

This session has been submitted for CLE accreditation.

Speakers Include: Doug Austin – VP of Products/Services, CloudNine; Tom O’Connor – Director, Gulf Coast Legal Technology Center; Kelly Twigger – Principal, ESI Attorneys; Salvatore Mancuso – Vice President of Client Solutions, BlueStar Case Solutions, Inc.

Why Lawyers SHOULD Be Luddites

Modern parlance holds that the Luddites hated and feared technology—and thus that being a Luddite is bad. That’s incorrect. Luddites didn’t fear technology. They feared what it would bring: replacement of their professional skills and results by vastly cheaper (and poorer) labor. And in that, the Luddites were right. The incredible increases in the power of technology create incredible efficiencies. But technology also creates winners and losers. What can you do to be one of the winners?

Following up on last year’s “Will Artificial Intelligence Supplant the Practice of Law?,” this session will focus on the practical aspects of how lawyers (and those who work with them) can avoid being replaced by robots. How can you prevent your role from being replaced by the cheapest of labor? What can you do right now to improve your skillset and future-proof your livelihood? What tools are available in e-discovery, contract analytics, research, and other legal areas to improve your own efficiencies to the degree that you can stay relevant?

We’ll answer these questions and also look at the behind-the-scenes systems (client intake, timekeeping, invoicing, etc.) that eliminate the massive inefficiencies that destroy productivity for so many.

Speakers Include: Michael Simon – Principal, Seventh Samurai, LLC; Nicole Allen – Senior E-Discovery Attorney, Kilpatrick Townsend & Stockton LLP; Dan Linna – Director of Law and Technology Initiatives & Senior Lecturer, USA; Alvin Lindsay – Partner, Hogan Lovells.

The 2019 International Panel

This year’s International Panel will present legal perspectives from across the globe, updating you on the latest developments in cross-border e-discovery, conflict of laws, and data privacy and protection. Moderated by Chris Dale of the United Kingdom’s eDisclosure Information Project, the International Panel will go beyond the first year of Europe’s General Data Protection Regulation (GDPR) to examine data discovery issues facing practioners in South America and APAC as well.

This session has been submitted for CLE accreditation.

Speakers Include: Chris Dale – Founder, eDisclosure Information Project; Meribeth Banaschik – Partner / Forensics & Integrity Services, Ernst & Young GmbH; Kelly Friedman – National Counsel, Discovery Services, Borden Ladner Gervais LLP; Manfred Gabriel – Senior Counsel, Holland & Knight.

11:10 AM – 12:10 PM:

Data Subject Access Requests in the Americas and Beyond

Whether it’s an aggrieved employee, an unhappy customer, or someone who just wants to know how much information an organization has about her, data subject access requests (DSAR) have been a focus of Europe’s General Data Protection Regulation (GDPR). However, the provisions of the GDPR apply beyond Europe, and the GDPR isn’t the only game in town–laws such as the California Consumer Privacy Act (CCPA) have subject access request provisions creating compliance requirements in the Americas from Canada to Brazil. Join us for a session examining best practices for dealing with DSARs in the Americas and beyond.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Ignatius Grande – Director, Berkeley Research Group; Ines Rubio – Head of Info Management and Incident Response, BSI; Rosemary Kuperberg – Assistant General Counsel & Data Privacy Officer, Ellucian; Meribeth Banaschik – Partner / Forensics & Integrity Services, Ernst & Young GmbH.

Secrets from Corporate Counsel: The Law Firm—Corporate Counsel Relationship

With changes in technology, data, and cyber treats, the corporate legal team’s needs and expectations are evolving, leaving law firms trying to keep up. Hear directly from corporate legal teams about what they want their outside law firms to know.

Find out:

  • How they really feel about security?
  • What innovation means to them?
  • How law firms can provide more valuable services?
  • What most law firms are overlooking?
  • Why they dismiss law firms?

Speakers Include: Constantine Pappas – Senior Manager, Relativity Solutions, Relativity; Karen Wagshul – eDiscovery Counsel, Allstate; Kimberly Quan – Lead, eDiscovery & Information Governance, Juniper Networks; Beth Solomon – Director & Senior Counsel, Payments, Discover Financial Services.

11:10 AM – 1:00 PM:

Women in e-Discovery Luncheon: Stellar Women in e-Discovery Panel

Joy Murao, founder of Practice Aligned Resources, will moderate a panel featuring this year’s three finalists, Stephanie Clerkin of Korein Tillery, Lisa Waldin of Ryley Carlock & Applewhite and Debora Motyka-Jones of Lighthouse, for the Stellar Women in e-Discovery Innovation Award.

As the first-ever Stellar Women in e-Discovery Innovation Award winner, Joy will lead the discussion as the panel shares their thoughts on the importance of mentorship and how the e-discovery community can elevate emerging leaders in the field.

Speakers Include: Joy Murao – CEO, Practice Aligned Resources; Lisa Waldin, Esq. – Project Manager, Ryley Carlock & Applewhite; Stephanie Clerkin – Director of Litigation Support, Korein Tillery.

1:25 PM – 2:25 PM:

Defending IP and Trade Secrets: How to Shape Positive Outcomes with e-Discovery

Even in the most clear-cut matters, defending IP and trade secrets can be difficult. And when digital evidence is obfuscated through direct and indirect efforts, these defenses can be downright daunting. However, with a comprehensive and integrated discovery plan supported by a team of experts with digital investigative experience augmented with targeted e-discovery technologies, legal teams can quickly, effectively, and economically gain and maintain the legal high ground in these critical corporate matters.

This expert panel will present actionable approaches and best practices for counsel to consider as part of forensic collection, early case insight, and legal document review efforts during IP and trade secret matters. Shared through the lens of an example matter based on an aggregate of actual experiences, this panel presentation will help legal teams as they seek to proactively shape positive e-discovery outcomes.

Join us to hear discussion on the following topics:

  • Organizing for Success: From Complaint to Discovery Plan
  • Accelerated Execution: Translating Data into Evidence
  • Advancing on Smoking Guns: Advanced Technologies and Assisted Review
  • Reviewing Right: Accelerated Legal Document Review
  • Decisive Differences: The Benefit of an Integrated e-Discovery Provider

Speakers Include: John Wilson – CISO, HaystackID, LLC; Steven Pacini – Attorney, Latham & Watkins LLP; Michael Sarlo – Partner & Co-Founder & EVP – eDiscovery and Digital Forensics, HaystackID; Nathanial McPherson – Associate (Intellectual Property Litigation), Latham & Watkins LLP.

Mobile Data Best Practices: Legal, Business, and Security Considerations

Mobile data have become arguably the most important source of information in litigation, investigations, and just about every form of data discovery. Have we lost the battles over data privacy and data protection with our data exposed for all to see? Is more evidence a bad thing? Has consolidation in the world of e-discovery and mobile forensic technology affected innovation? Are state-of-the-art forensic tools out of reach for many legal teams? Join us for a lively conversation as leading authorities in legal forensics and mobile technology discuss and debate the vital mobile data issues of the day.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Greg Buckles – eDiscovery Research Consultant, The eDJ Group Inc.; Craig Ball – Attorney, Forensic Technologist, and Adjunct Professor, University of Texas; Shahaf Rozanski – Head of Cellebrite Business Solutions, Cellebrite.

New Cross-Border & Privacy Concerns in the Age of GDPR Fines

GDPR fines are no longer hypothetical possibilities but reality for global organizations. The 72-hour notification requirements within GDPR, as well as an increased focus on cross-border data transfers, places new burdens for legal teams to safely and defensibly handle personal information. Attend this session to learn how leading legal teams are meeting these challenges, and designing workflow that complement features within Relativity.

Speakers Include: Wendy King – Sr. Managing Director, FTI; Clair Atkins – Team Lead, Customer Experience, RelativityOne, Relativity; Rose Jones – Partner / Dir. E-Discovery PM & Tech, King & Spalding; Nick Newbury – Director Technology, FTI Consulting.

The Long and Winding Road: Career Paths in e-Discovery

On the premise that an unexamined e-discovery life is not worth living, this panel will feature women who work at various types of companies, in various roles, within the e-discovery field. From law firm, to corporation, to service provider, to government, and beyond.

This panel will explore the tough questions…

  • How on earth did we get here?
  • Why e-discovery?
  • What makes for a good first job in e-discovery?
  • Are certain types of companies easier to break into than others?
  • What are the advantages/disadvantages of working at a corporation, law firm, service provider, etc.?
  • Which type of company do you feel is the most stable, which is the most innovative, and which pays the most?
  • If you could do your career over again, what would you change?

Join us for fun, upbeat discussion. Whether you’re new to e-discovery, at a crossroads in your career path, or just want to hear some good stories, this session is for you.

Speakers Include: Cristin Traylor – Counsel, McGuireWoods LLP; Melissa Sanborn – Senior Customer Success Manager, Relativity; Debbie Beeler – Senior Paralegal-Major Litigation, T-Mobile; Tamara Loveland – Electronic Evidence Specialist, US DOJ.

2:45 PM – 3:45 PM:

Talk Discovery to Me: How to Conduct Effective Interviews with IT and Custodians

The best technology and workflows are of little value if you don’t have the right data in a usable format. Failing to preserve, bad data collections, or abnormal data storage can sabotage your collection and review of potentially relevant data. A key to avoiding these potential saboteurs is conducting effective interviews with your client’s IT administrators and custodians. Done well, these interviews can help you identify and properly preserve the relevant data sources, address potential challenges, and ensure that you have the right processes and the right technology solutions from the outset. If the interviews are done poorly, however, it can create hurdles throughout the entire discovery process. Based on their years of experience in the industry, the panelists will provide examples of good and bad interview techniques, discuss challenges they have encountered or avoided in the past, and present ideas that you can take into your next interview.

Speakers Include: Erica Noel – Discovery Counsel, McDermott Will & Emery; Alex Godofsky – Discovery Consultant, McDermott Will & Emery; Tim Gleason – Discovery Counsel, McDermott Will & Emery.

DSAResolution: A Lawyer-Led Development of a Business Proposition

Join this session to learn all about the ins and outs of DSAResolution—a lawyer-led initiative that harnesses technology to address data subject access requests (DSARs).

According to the Information Commissioner’s Office (ICO), the number of data subject access requests has more than doubled since 2016, with 9,090 recorded from May 25 to December 11, 2018. Employee DSARs are a huge headache for multinationals. They want them dealt with as efficiently and cheaply as possible, while still meeting their obligations to the ICO and the requester.

DSAResolution was born from a desire to build the most cost-effective workflow possible. In this session, we’ll discuss the challenges of creating a tailored software environment that supports lawyers at a price that is attractive to clients. You’ll learn how we built a customized Relativity DSAR environment that supports everything we need to do, and nothing more—ensuring significant savings for clients.

Speakers Include: Benjamin Craghead – Head of UK Client Experience, Consilio Self-Service, Consilio.

The Future of Legal Service Delivery: Interoperable Apps and Services

Technology is increasing the potential for what it means to deliver legal services every day. The proliferation of devices that produce data means that there is greater opportunity for understanding how previously untapped areas of the market interact with one another. The vastness of this data now means that even seemingly discounted pieces of information can be aggregated to great effect. For example, the comments from Yelp reviews can be used to more accurately predict which restaurants will have health code violations, and your interactions on social media can be used to help more accurately predict where crowds will form, emerging fashion trends, or even the spread of contagious disease.

This same potential exists in the legal industry. Last January, during the 2019 MIT Computational Law Course, one of the standout modules of the course focused on how information could be atomized, standardized, and configured to yield more dynamic possibilities beyond e-discovery. This session will provide an overview on the value of data and the ways that data might be used to push the limits of what people currently imagine as possible, discuss the strategies for building interoperable legal apps and services, and look at how this nascent technology could be optimized for future use cases.

Speakers Include: Bryan Wilson – Legal Hacker; Dazza Greenwood, MIT.

State of the e-Discovery Union: The Roundtable on the Industry and the Profession

The latest gathering of the State of the e-Discovery Union Roundtable will focus on 2019’s developments affecting the industry and the profession–your company, your job, and your future career. We’ll examine the job market, industry growth, legal education, technological competence, continuing education, access to justice, and more. We’ll continue the Roundtable’s tradition of a game format with members of the Roundtable playing for charitable or educational organizations, and we’re honored to have the Honorable James Francis IV and the Honorable Andrew Peck serving as judges.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Hon. Andrew J. Peck – Senior Counsel, DLA Piper; Ari Kaplan – Principal, Ari Kaplan Advisors; Zach Warren – Editor-in-Chief, Legaltech News; Ryan O’Leary – Senior Research Analyst, IDC; Kelly Twigger – Principal, ESI Attorneys; Meribeth Banaschik – Partner / Forensics & Integrity Services, Ernst & Young GmbH; Hon. James C. Francis IV – Distinguished Lecturer, City University of New York School of Law; Mary Mack – CLO, MaryMack.com.

Data Security in a Data Proliferating World

As the debate around data security and its effectiveness ebbs and flows from cloud to on-premises e-discovery deployments, executives across leading global organizations are being asked to take a stance on “where their e-discovery data will be most secure while balancing cost and efficiency.”

This panel will dive into the differing views on data security effectiveness across platforms and the varying controls, policies, and processes that have proven successful. Our panelists will introduce the specific security mandates being pioneered both internally (at law firms and enterprises) and externally (solution providers) in order to be security leading rather than lagging. They’ll also give a point of view on how security expectations in the e-discovery industry will continue to evolve over the next 12-18 months.

Speakers Include: Jordan McQuown – Vice President of Technology, Georgejon; Josh Zylbershlag – E-Discovery Litigation Services Director, Paul, Weiss, Rifkind, Wharton & Garrison LLP; Adam Connor – Producer, Risk Placement Services; Joe Moberly – Director of eDSM & Engineer Dev, George Jon; Jamie LaFramboise – Director of Application Engineering, George Jon; Gregory Spicer – CRO, Braintrace; John Wilson – CISO, HaystackID, LLC.

4:05 PM – 5:05 PM:

Preservation and Collection Strategies to Minimize Costs

e-Discovery costs are minimized when non-relevant materials are eliminated as early as possible from the process. Preventing non-relevant materials from even being collected saves the most money because these documents are not processed, hosted, reviewed or produced. However, aggressively limiting what’s collected to save costs can backfire if the requirements of a project shift enough to require recollection. If the data was not preserved, it could even result in spoliation sanctions.

In this session, we’ll discuss how to balance the risks and benefits of culling data in a collection, including:

  • When and how to limit the data collected
  • What situations capturing entire accounts or imaging devices is appropriate
  • When to make preservation images and the scope of those images
  • How to leverage a client’s existing backup and preservation processes
  • How to take advantage of electronic legal holds

Speakers Include: Andrew Hansell – Senior E-Discovery Consulting Manager, Faegre Baker Daniels; Marc Zamsky – Chief Operating Officer, Compliance Discovery Solutions; Lisa Davis George – Director and Senior Counsel, Discover Financial Services; John Sellner – E-Discovery Counsel, Winthrop & Weinstine, P.A.

Mastering the Challenges of Mobile Forensics in e-Discovery

As the usage of smart phones and mobile devices continues to increase exponentially their important role in litigation cannot be overlooked. Mobile devices present unique challenges in finding the right data that is responsive to discovery requests. Having the skills and training to uncover deleted files and messages while preserving and restoring data is now required in every investigation.

You will learn:

  • Management of devices and how e-discovery may vary because of consent
  • Tips for conducting effective e-discovery on mobile devices
  • Best practices and techniques in the use of UFED, Physical Analyzer and Cloud Analyzer

Speakers Include: Eric Olson – Solutions Engineer, Cellebrite Business Solutions, Cellebrite; Shahaf Rozanski – Head of Cellebrite Business Solutions, Cellebrite.

Translating Tech for Non-Technical Attorneys

Tools like active learning and concept searching can have a big impact on a case, but getting buy-in from attorneys isn’t always easy—especially when they’re unfamiliar with the tech. In this session, we’ll focus on ways for you to translate the merits of the more abstract aspects of e-discovery into easy-to-understand scenarios for attorneys and others who are unfamiliar with the technical side of things. Join us to learn how to translate concepts like active learning, email threading, conceptual searching, regular expressions, and custom indexes into easy-to-explain scenarios that allow for attorneys without technical or e-discovery expertise to understand and approve for use in matters.

Speakers Include: Amber Whipkey – Senior Staff Attorney, WilmerHale; Kelly Davidson – Senior Litigation Support Coordinator, WilmerHale.

Women in eDiscovery Presents: Show Me the Money

Women are still underpaid compared to men — 79 cents to the dollar according to some studies. Some experts attribute the pay gap in part to the fact that women are less comfortable negotiating with their employers and prospective employers. In this session, our panelists will provide practical talking points and tools to prepare for and conduct effective employment negotiations. Join us to discuss the questions and answers below:

  • The first party to propose a salary figure generally loses. How do you avoid that?
  • How do I know if I’m making or requesting the right salary level for my job description?
  • What are some tips for drafting an effective salary negotiation email?
  • What is the best medium for salary negotiation?
  • Whether and how to show your enthusiasm during salary negotiation?
  • What is the best way to conclude the negotiation?:

Speakers Include: Deborah Temkin – Director, The BERO Group; Krista Brookman – Vice President, Catalyst; Megan Lopp Mathias, Lopp Mathias Law; Carolyn Aberman – Managing Partner, Lucas Group.

To register to attend Relativity Fest, click here.  It’s not too late!  And, Go Astros!  ;o)

So, what do you think?  Are you attending Relativity Fest 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.

CloudNine at Relativity Fest 2019

Welcome to Relativity Fest 2019!: eDiscovery Trends

The 2019 Relativity Fest conference is here!  Actually, it started yesterday, with a few events, including the Welcome Reception.  Today, we have a full slate of sessions to talk about and CloudNine is once again here as a Sponsor and Exhibitor.  Let’s check out some of the sessions lined up for today.

This year, Relativity Fest is October 20 through October 23 in Chicago at The Hilton Chicago (a full three weeks later than last year). If you’re in the Chicago area, you can still make it for nearly all of the conference or attend on a one-day pass.  As a development partner in the Relativity ecosystem, CloudNine will once again be the conference and will be there to provide demonstrations of our product interconnections with Relativity.  Also, I will be covering the show for eDiscovery Daily, and I’m delighted to say that I will also once again be speaking at a session at the conference tomorrow.

Here are some of the eDiscovery-related sessions for today:

11:00 AM – 12:00 PM:

The Business of Law 2020: The FTI-Relativity General Counsel Survey

What does the future hold for law and business in 2020 and beyond? Chief legal officers provide a unique perspective, and to analyze that perspective, Relativity and the FTI Technology business unit of FTI Consulting commissioned a study by Ari Kaplan Advisors, surveying general counsel on a wide variety of legal issues affecting business and the legal profession. Limiting the study to chief legal officers, the survey covered topics ranging from the technical competence of legal teams to preparedness for cyberattacks. Initial findings were released over the summer, and in this Relativity Fest session, get a deep dive as we release and analyze the complete results of the FTI-Relativity General Counsel Survey.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Sophie Ross – Global Chief Executive Officer, FTI; Jessica Nolan – Sr. Vice President & General Counsel, PLZ Aeroscience; Ari Kaplan – Principal, Ari Kaplan Advisors.

e-Discovery Cost Recovery: 5 Considerations for Law Firms

As the practice of law evolves, services like data discovery have become a competitive advantage and a key part of successful case strategy. Law firms that value innovation may struggle to nurture it while upholding a pure cost absorption model. Many firms are modernizing their business models, positioning strategic services like e-discovery as part of their practice and factoring these costs into their fees.

Hear from three professionals at law firms who helped modernize their firms’ business models about considerations to ensure cost recovery plans are successful, including:

  • Ethical considerations
  • Internal perception
  • Attorney carve outs
  • Cost equation
  • Client communications

Speakers Include: Daniel Pelc – Senior Manager, Industry Marketing, Relativity; John Koss – Special Counsel, Mintz Levin; Kimberly Fisher – Senior Practice Support Manager, Dickinson Wright PLLC; Kevin Clark – Litigation Support Manager, Thompson & Knight LLP.

e-Discovery Data Management: Governance and Process Optimization

As e-discovery data continues to grow, it’s imperative for organizations to understand the exponential uptick in complexity, liability, and cost. In this panel and live Q&A, industry-leading experts will share how they’re tackling their data management challenges on a daily, weekly, and yearly basis while juggling the demanding requirements of their own clients (internal and external) across multiple industry verticals including law firms, solution providers, and global enterprises.

Speakers Include: Jordan McQuown – Vice President of Technology, Georgejon; John Kapp – Manager, Practice Support & E-Discovery, Shearman & Sterling LLP; Bryant Gauthier – Director Litigation Technology and Support, Finnegan; Susan Sepe – E-Discovery Technology Manager, Paul, Weiss, Rifkind, Wharton & Garrison LLP; David Akerson – CEO and Founder, Auriscrib; George Nedwick – Founder & CEO, George Jon.

e-Discovery Certifications: Why, Which, and in What Order

The evolution of the legal industry over the next decade will usher in a new and hyper-focused valuation of functional domain certification that was once only granted to a traditional three-year JD. Legal professionals who may or may not be or want to join the bar are increasingly seeking certifications. These professionals are specializing in an area of expertise and validating that knowledge with certification(s) such as the CIPP US/EU for privacy, the GLEG or CISSP for security, or CEDS for those wanting to specialize in e-discovery and more.

During this panel discussion, you’ll get a better understanding of the legal certification ecosystem for non-software specific accreditation. Panelists will discuss Relativity certifications—which overlap many functional domain certifications with elements of e-discovery project management, information governance, security, privacy, and analytics—and also provide potential career mapping pathways to help you expand and diversify your areas of expertise.

Speakers Include: Sarah Roberts – Director of Recruitment and Account Management, TRU Staffing Partners; Martha Louks – Director of Technology Services, McDermott Will & Emery; Sean Neilsen – Senior Certification Specialist, Relativity; Mary Mack – CLO, MaryMack.com.

1:15 PM – 2:15 PM:

The Judicial Panel

The Relativity Fest Judicial Panel returns for the sixth annual gathering of prominent jurists analyzing the vital legal issues of the day. Join Senior U.S. District Judge Nora Barry Fischer, New York State Supreme Court Justice Tanya Kennedy, U.S. Magistrate Judge William Matthewman, U.S. District Judge Xavier Rodriguez, and moderator David Horrigan of Relativity as the panel covers the leading data discovery developments of the year, including the latest e-discovery cases and the landmark data privacy decision, Rosenbach v. Six Flags Entm’t. We’ll also consider fundamental access to justice issues, including the “Who owns the law?” dilemma presented by the pending U.S. Supreme Court case, Georgia v. Public.Resource.Org, Inc. Whether you’re trying to read free online copies of state statutes or simply taking your child to an amusement park, the 2019 Judicial Panel will have thought-provoking commentary affecting your life and your work.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Hon. William R. Matthewman – U.S. Magistrate Judge, (S.D. Fla.); Hon. Xavier Rodriguez – U.S. District Judge, (W.D. Tex.); Hon. Tanya R. Kennedy – Justice, New York State Supreme Court, New York County; Hon. Nora Barry Fisher – Senior U.S. District Judge, (W.D. Pa.).

2:35 PM – 3:35 PM:

Tales from the Trenches: A 21st Century Second Request

More than two years after the deal was announced, the DOJ will no longer fight to block the fourth largest merger in US history: AT&T and Time Warner. During this discussion, we’ll take a look at how Ankura successfully managed the data, review workflows, and productions for this second request both from a vendor perspective and from in-house counsel’s perspective.

Topics include:

  • Data inventory/tracker
  • Use of predictive coding/analytics
  • Limiting users’ permissions
  • Managing multiple workflows
  • Production timing/quality control calls
  • Scheduling performance optimization scripts

Speakers Include: Nicole LeBeau – Managing Director, Ankura; Rishi Chhatwal – AVP – Senior Legal Counsel, AT&T Services, Inc.; Erin Toomey – Managing Director, Ankura.

Are You Violating Attorney Client Privilege?

On a city bus, your client calls. What do you do? Is what you’re saying potentially breaking client confidences? What about when you’re receiving a text message? How about on WhatsApp? The lines between violating client confidentiality and retaining it have blurred as technology and innovation has become pervasive. In this session, we’ll explore the latest in attorney/client confidentiality as it relates to technology and how we’ll respond when the line becomes even more blurred.

This session has been submitted for CLE accreditation.

Speakers Include: Constantine Pappas – Senior Manager, Relativity Solutions, Relativity; Salina Hamilton – Member Attorney, Dickinson Wright PLLC; Timothy Kennedy – Discovery Counsel, McDermott Will & Emery LLP; Laura Gottlieb Feldman – Senior Discovery Attorney, Willkie Farr & Gallagher LLP.

Government Data Demands: What You, Your Clients, and Your Companies Should Know

A document request in litigation is an important event for businesses and their law firms. The stakes are even higher, though, when that “request” comes from a state or the federal government in a civil or regulatory matter, or takes the form of a court order, grand jury subpoena or search warrant in a criminal investigation. The legal, regulatory and business issues can be complex. For instance, what can you do or not do if you receive a so-called “blind subpoena”? Although no one will be giving legal advice or speaking for any government, join us for this session where government lawyers will be joined by a law firm partner and former U.S. Department of Justice cybercrime coordinator as we examine best practices for compliance with government data demands.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Tracy Greer – Attorney Advisor, U.S. Department of Justice, Antitrust Division; Ed McAndrew – Partner, DLA Piper.

The Value of Mobile Device Data in e-Discovery

As an e-Discovery professional, its critical to include mobile device data as part of your investigation.  Join the Cellebrite discussion about what kind of information can be found on a mobile device, the different types of collections available and the challenges of processing the data.

Speakers Include: Shahaf Rozanski – Head of Cellebrite Business Solutions, Cellebrite; Eric Olson – Solutions Engineer, Cellebrite Business Solutions, Cellebrite.

3:55 PM – 4:55 PM:

CFIUS: A Guide to Navigating National Security Requirements in the Data Economy

The Committee on Foreign Investment in the United States (CFIUS) exists at the intersection of trade policy and national security. CFIUS holds jurisdictional authority to evaluate national security risks related to any merger, acquisition, or takeover that results in foreign control of any person engaged in interstate commerce in the United States. A key national security risk consideration is whether the transaction provides access to, or control of, material non-public information of the US business, or US citizen personally identifiable information (PII), protected health information (PHI), or other sensitive information such as genetic information or geolocation data. Parties must evaluate the threat, vulnerability, and consequence of the exploitation of data as a result of foreign control.

This session will provide practical tips and case studies from leading regulatory experts who operate in increasingly complex trade and security jurisdictions. Hear from the frontlines on successfully traversing US national security regulations and data security protocols, as companies carefully consider how data access, control, and exploitation impact M&A deal flow considerations.

The panel will explore best practices in identifying data threats, and applying technical expertise to establish reasonable mitigation measures. Recommended enhancements and suggestions on optimizing Relativity as a common platform for integration and visualization of disparate data sources will be shared.

Speakers Include: John Lash – Principal, Control Risks; John Kabealo – Founder, Kabealo PLLC; Michael Joudeh – Director, Control Risks; Chase Kaniecki – Of Counsel, Jones Day.

When Information Becomes Toxic: How Strict Information Governance Can Reduce the Impact of a Data Breach

Former FBI Director Robert Mueller said, “There are only two types of companies: those that have been hacked, and those that will be. Even that is merging into one category: those that have been hacked and will be again.” In this session, we’ll walk through a typical data breach review for notification and ways to minimize costs and overall impact through a sound information governance policy.

We’ll start with important questions to consider before the data breach—such as your privacy policy, sensible deletion, minimizing the use of emails as data storage, and interactive record retention. We’ll then discuss what happens after a data breach, including collecting and reviewing the right data, the hidden costs of a breach, unexpected data exposure, and poorly scrubbed data.

Speakers Include: Aaron Duncan – Director of Discovery Services, Special Counsel; Daniel Rogers – Managing Attorney, Special Counsel; Robert DeVries – Director – Outsourcing and Business Solutions, Special Counsel.

Little Data: The Results of the 2019 Relativity-CTRL Study on Data Minimization

Over the past decade, the terms, “Big Data” and “Defensible Deletion,” have been so overused they’re now trite. But what about “Little Data”? Have legal and regulatory developments such as the General Data Protection Regulation (GDPR) and the upcoming California Consumer Privacy Act (CCPA) caused organizations to embrace data minimization? To find out, Relativity and The Coalition of Technical Resources for Lawyers (CTRL) conducted a study on how organizations are handling–and perhaps minimizing—their data. Are organizations putting themselves at risk by deleting too much data, including deletion of data with the use of ephemeral messaging? Join us for this Relativity Fest session as we announce and analyze the results.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Philip Favro – Consultant, Driven, Inc.; Dean Gonsowski – Chief Revenue Officer, Active Navigation; Stacey Blaustein – Counsel, Corporate Litigation, IBM Corporation; Agnieszka McPeak – Associate Professor of Law, Duquesne University of Law.

5:15 PM – 6:15 PM:

A Practical Roadmap for Effective and Defensible Preservation, Collection, and Authentication

Taking appropriate measures to identify and preserve data from the beginning of litigation minimizes risk, can reduce burden, and will help you avoid problems later in the discovery process. Updating the topics and case law examples presented the last two years at Relativity Fest (previously titled “If You Wait, You May Spoliate”), this session will discuss how professionals involved in discovery can avoid common pitfalls and challenges related to data identification, preservation, and collection. The session will also include a discussion of Federal Rule of Evidence 902 regarding self-authentication and new decisions interpreting the amendments to The Federal Rules of Civil Procedure.

This session has been submitted for CLE accreditation.

Speakers Include: Erin Conlon – Discovery Counsel, McDermott Will & Emery; Alex Godofsky – Discovery Consultant, McDermott Will & Emery.

Blockchain Assets: Identification, Analysis, and Review

From family law to regulatory actions, and receiverships to class actions lawsuits, blockchains and cryptographically backed digital assets can pop up in any case. In this session, you’ll learn how to recognize when these digital assets (such as Bitcoin and Ethereum) are present in a case; how proper collection and review processes can reduce the risks that these new technologies expose us to; and how to ensure all relevant information is uncovered and understood.

Speakers Include: Joshua McDougall – Director, Duff & Phelps.

Disruption: The New Buzz Word in Tech

Is innovation enough? The purpose of innovation is to change the paradigm. The only way to change the paradigm is by disrupting the old to bring in the new. In this session, you’ll learn how firms are transforming their organizations through innovation and disrupting the law firm market, sometimes in small ways and sometimes monumentally.

Speakers Include: Daniel Pelc – Senior Manager, Industry Marketing, Relativity; Kelly Friedman – National Counsel, Discovery Services, Borden Ladner Gervais LLP; Chris Mammen – Partner, Womble Bond Dickinson (US) LLP; Colleen Kenney – Partner, Sidley Austin.

Data Privacy and Data Protection 2019

Data privacy and data protection are arguably the most important data law issues in 2019, and–with the possible exception of climate change–they may be the most important issues facing society as a whole. Join us for our annual Relativity Fest examination of the year’s developments in data privacy and protection. For 2019, we’ll look at mobile data, social media, and the Internet of Things, analyzing controversies from Amazon’s Alexa to Facebook. In addition, as we look ahead to the 2020 elections, we’ll examine the legal and technical aspects of alleged hacked elections, and what all these data privacy and protection challenges mean for you.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Rosemary Kuperberg – Assistant General Counsel & Data Privacy Officer, Ellucian.

Also, there’s the ACEDS Reception from 7:00-9:00PM.  ACEDS will once again host a special Cocktail Reception sponsored by Relativity with many special guests and eDiscovery luminaries again this year to meet! Mary Mack, Kaylee Walstad, and ACEDS’ new executive director Mike Quartararo and ACEDS ambassadors look forward to greeting you and introducing you to our vast global community! Come and enjoy a cocktail and hors d’oeuvres and meet new friends and connect with old!

To register to attend Relativity Fest, click here.  It’s not too late!  And, go Astros!  ;o)

So, what do you think?  Are you attending Relativity Fest 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.

Mary Mack and Kaylee Walstad acquire the EDRM from Duke Law: eDiscovery Breaking News

It’s a rare two-post day for us at eDiscovery Daily, but this news is worth it.  Mary Mack and Kaylee Walstad, the former executive director and former vice president of client engagement, respectively, of The Association of Certified E-Discovery Specialists (ACEDS) today announced that they have acquired the Electronic Discovery Reference Model (EDRM) from the Bolch Judicial Institute at Duke Law School.

Here is the text of the press release issued earlier this morning.  Also, Zach Warren of Legaltech News covered the story here.

Minneapolis, MN – October 18, 2019 – Mary Mack (CISSP, CEDS, CIAM) and Kaylee Walstad (CEDS, CIMP), the former executive director and former vice president of client engagement, respectively, of The Association of Certified E-Discovery Specialists (ACEDS) today announced that they have acquired the Electronic Discovery Reference Model (EDRM) from the Bolch Judicial Institute at Duke Law School.

The EDRM is the leading global framework organization for the e-discovery community. The organization developed the ubiquitous EDRM model to provide a global language for understanding the intricate steps in the e-discovery process and to communicate them effectively. George Socha and Tom Gelbmann founded the EDRM in 2005, and Duke Law acquired it in 2016. The terms of the acquisition transaction are not being disclosed.

For the past four years, Mack and Walstad led ACEDS, the leading global provider of ediscovery certification and education, stewarding the growth of the association, its certification program, and its chapters to international status and recognition. In their new roles, Mack will serve as the chief executive officer and chief legal technologist, and Walstad will serve as the chief strategy officer for the EDRM. The Bolch Judicial Institute will remain involved in the work of the EDRM community as a valued partner.

“Mary and Kaylee bring a deep understanding of the challenges and opportunities facing the e-discovery industry, as well as strong connections to e-discovery and legal leaders and innovators,” said David Levi, Levi family professor of law and judicial studies, and director of the Bolch Judicial Institute. “Their collective vision and creativity will guide the EDRM into a new and exciting chapter.”

“Kaylee and I are so excited about the prospect of building on the amazing work that George, Tom and the Duke team, advisory council, project leads, sponsors and contributors have done, as well as the ability to shepherd the EDRM to its next evolution,” said Mack. “Partnering with David Levi and his fantastic team at the Bolch Judicial Institute, as well as George Socha and so many EDRM supporters is our dream opportunity. The EDRM is a place where our global community can get involved immediately and meaningfully. Kaylee and I are honored to have the opportunity to take the EDRM into the future and to collaborate with such outstanding people.”

“When Tom Gelbmann and I founded the EDRM in 2005, we sought to create a resource that would help folks to better understand e-discovery and its potential,” said George Socha. “I am thrilled that Mary and Kaylee will be taking the helm at the EDRM, guiding it and its community to the next level. I have worked with Mary and Kaylee for many years and eagerly look forward to working closely with them as they advance and expand the EDRM.”

“I am excited to learn that Mary and Kaylee, who together helped build ACEDS into a powerhouse institution that is respected across the globe, will be launching this new chapter that provides a new look and new home to EDRM,” said Mike Quartararo, the recently named president of ACEDS. “We have already had discussions about how ACEDS and EDRM will complement one another, building on a partnership that already exists, and delivering high-quality and meaningful content to the ACEDS membership and community.”

“Law and technology are, of course, key components of the Bolch Judicial Institute’s mission, and we will remain closely involved in the EDRM’s work,” said Levi. “We think that the EDRM’s future is very bright with Mary and Kaylee at the helm, and we intend to be a part of that future.”

The EDRM organization currently has nine active projects through which legal professionals, such as judges, attorneys, e-discovery experts, and technology and support providers, work together to create new resources and frameworks that serve as guides and touchstones for the rapidly shifting world of e-discovery. Mack and Walstad will quickly engage with the EDRM project leaders and teams, as well as the EDRM’s advisory council and partners, to collaboratively develop next steps and future plans for the EDRM’s global community.

So, we now not only know who has taken over ACEDS, but also what Mary and Kaylee will be doing next!  Exciting news for the eDiscovery community and we at CloudNine look forward to working with Mary and Kaylee on exciting EDRM initiatives!

So, what do you think?  How do you think this acquisition will impact EDRM?  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.

Want to Start Planning for eDiscovery Events in 2020? Here’s a Preliminary List of Events: eDiscovery Trends

It’s budget season, which means it’s never too early to start planning for next year’s eDiscovery events.  Thanks to Rob Robinson’s Complex Discovery blog, you can once again find all the notable events that are scheduled so far in one place!

In his post On Your Mark? An Early Working List of 2020 eDiscovery Events, Rob once again provides not just a list of events, but also provides links to each of them so that you can check them out for more info.  Here are a few highlights:

Of course, as you can imagine in the middle of October, the timing of several events is still to be determined and some events may not yet be listed (Rob lists several that don’t have dates yet, including next year’s Relativity Fest and the annual Masters Conference events).  Hey, we don’t even know who’s going to win the World Series yet! (though you know who I’m rooting for).  Regardless, if you know of an event that needs to be listed or any corrections or other updates to be made, Rob provides a mechanism on his post to send him an email to let him know the event name, date, location and URL for the event.  So, this post will continue to reflect an updated list of events over time.  And, no matter how bad your eyesight is, next year you’ll be able to see 2020.  ;o)

Also, tune in soon for the Fall results of Rob’s quarterly eDiscovery Business Confidence Survey.  As usual, we will cover the results here as we have done for the previous 15 surveys to complete coverage for the fourth year.

So, what do you think?  How many events do you plan to attend next 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.

It’s a Mistake to Ignore the Mistakes: 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.

These posts were originally published on September 22, 2010 and September 23, 2010, the third and fourth days of eDiscovery Daily’s existence (yep, I combined two into one for this throwback edition and updated the misspelling site resources to replace a couple of defunct ones with current ones).  It continues to amaze me how some of the attorneys I work with fail to account for potential misspellings and typos in ESI when developing a search strategy (especially requesting parties looking to maximize recall of potentially responsive ESI).  FWIW, since publishing these two blog posts, I had an actual case where searching for misspellings of the word “management” yielded additional responsive documents, so it works.  Enjoy!

How many times have you received an email sent to “All Employees” like this?  “I am pleased to announce that Joe Smith has been promoted to the position of Operations Manger.”

Do you cringe when you see an email like that?  I do.  I cringe even more when an email like that comes from me, which happens more often than I’d like to admit.

Of course, we all make mistakes.  And, forgetting that fact can be costly when searching for, or requesting, relevant documents in eDiscovery.  For example, if you’re searching for e-mails that relate to management decisions, can you be certain that “management” is spelled perfectly throughout the collection?  Unlikely.  It could be spelled “managment” or “mangement” and you would miss those potentially critical emails without an effective plan to look for them.

Finding Misspellings Using Fuzzy Searching

How do you find them if you don’t know how they might be misspelled?  Pretty much any eDiscovery application these days (including CloudNine products), support the ability to perform fuzzy searching.  So, if you’re looking for someone named “Brian”, you can find variations such as “Bryan” or even “brain” – that could be relevant but were simply misspelled.  Fuzzy searching is the best way to broaden your search to include potential misspellings.

Examples of Sites for Common Misspellings

However, another way to identify misspellings is to use a resource that tracks the most typical misspellings for common words and search for them explicitly.  The advantage of that is that you can pinpoint the likeliest misspellings while excluding other hits retrieved via fuzzy search that might be other terms altogether.  Here are a few sites you can check for common misspellings:

At Dumbtionary.com, you can check words against a list of over 10,000 misspelled words.  Simply type the correct word into the search box with a “plus” before it (e.g., “+management”) to get the common misspellings for that word.  You can also search for misspelled names and places.

Wikipedia has a list of common misspellings as well.  It breaks the list down by starting letter, as well as variations on 0-9 (e.g., “3pm” or “3 pm”).  You can go to the starting letter you want to search, then do a “find” on the page (by pressing Ctrl+F) and type in the string to search.

McMillan Dictionary, EnglishCLUB and ESL-Lounge also provide lists of commonly misspelled words, 50, 100 and 118 commonly misspelled words respectively.  There are numerous sites out there with common misspellings available and they are usually listed alphabetically so that you can quickly check for common misspellings of potential search terms you plan to use.

So, what do you think?  Do you have any real-world examples of how fuzzy searching or searches for misspelled words have aided in eDiscovery search and retrieval?  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.

Court Denies Plaintiff’s Request to Hold Non-Party in Contempt for Failing to Produce Native Files: eDiscovery Case Law

In Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 4, 2019), Kansas Magistrate Judge Gwynne E. Birzer denied the Plaintiff’s Motion for Order Against Defendant State of Kansas Department for Children and Families to Show Good Cause Why it Should not be Held in Contempt and Motion for Sanctions for failing to produce ESI in native format with associated metadata.  Judge Birzer found that “Plaintiff cannot point to a ‘specific and definite’ section of the Court’s June 8, 2018 Order requiring specific types of ESI be produced or requiring records be produced in native format with associated metadata” and also that “Plaintiff has not made a particularized showing” why re-production of the PDF documents in native format with associated metadata “is relevant to the case at hand”.

Case Background

In this case involving alleged abuse of a child placed in a home by the defendants, the Court conducted an in-person hearing regarding the Kansas State Department of Children and Families’ (“DCF”) Amended Motion to Quash Subpoena and ultimately granted in part and denied in part the Motion to Quash on June 8, 2018, ordering DCF to produce certain records by July 31, 2018, with any responsive records subject to in-camera review to be produced directly to the Court for review.  DCF timely produced the records by July 31.  On October 24, 2018, after a review of the records submitted in-camera, the Court entered an order directing DCF to produce most of those documents to the plaintiff by November 30, 2018 and DCF timely produced those records as well.

On May 6, 2019, Plaintiff filed an instant Motion arguing DCF failed to comply with the Court’s June 28, 2018 Order because its November production did not contain six identified types of ESI in native format with associated metadata, instead producing the court-ordered documents (consisting of 5,767 pages) in PDF format on a USB flash drive.  The plaintiff asked the Court to issue an order: (1) requiring DCF to show good cause for why it should not be held in contempt of the Court’s June 28, 2018 Order; (2) requiring DCF to show good cause why it should not produce the requested ESI; and (3) imposing various sanctions on DCF pursuant to Fed. R. Civ. P. 37(b)(2)(A) for not obeying a discovery order.

Judge’s Ruling

Noting that “the subpoena asks for the records to be produced in ‘electronic format,’ but gives no specifics regarding whether the format should be PDF or native format with metadata intact”, Judge Birzer stated: “The Court is at a loss as to why Plaintiff would believe the June 8, 2018 Order required Defendant to produce the six above types of ESI when the subpoena did not specify it and the matter was not presented to the Court for consideration.”  As a result, Judge Birzer found that “the production of records in PDF format on an USB flash drive adequately satisfied DCF’s obligation under the June 8, 2018 Order, the subpoena and Rule 45” and that “there is no occasion for the undersigned Magistrate Judge to certify facts to the District Judge or to issue an order for DCF to show cause why it should not be held in contempt.”

Noting that “DCF is not a party to this action”, Judge Birzer also found that “requiring a non-party to spend time and money to re-produce 5,767 pages of PDF documents in native format with metadata would be burdensome and not proportional to the needs to the case considering Plaintiff has provided little reason as to why the native format and metadata would be relevant.”  As a result, Judge Birzer denied the plaintiff’s motion.

So, what do you think?  Could the plaintiff have done a better job of specifying its production format requirements up front?  Please let us know if any comments you might have or if you’d like to know more about a particular topic.

Case opinion link courtesy of eDiscovery Assistant.

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

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

M&M Are Looking to Update Their eDiscovery Rules: eDiscovery Trends

And, by “M&M”, I mean Missouri and Michigan.  ;o) Here is some important information regarding the impending eDiscovery rules changes in these two states.

On Thompson Coburn’s site (What you need to know about Missouri’s updated discovery rules, written by Rachel Harris), the author notes that Missouri Governor Mike Parson signed into law Senate Bill 224, which limit the scope of discovery and address electronically stored information (ESI) for the first time.  Welcome to the party, Missouri!

The amended rules went into effect on August 28th. Under Missouri Supreme Court Rule 41.06, the changes likely apply not only to actions filed after August 28th but also to civil actions pending as of August 28th, unless a court finds that applying the revised rules to a pending action “would not be feasible or would work injustice.”

Senate Bill 224’s changes attempt to bring Missouri’s discovery rules closer to the Federal Rules of Civil Procedure (FRCP) in several ways, such as:

  • Scope of discovery and proportionality: Missouri’s amended Rule 56.01(b)(1) will now limit the scope of discovery to information that is not only relevant but “proportional to the needs of the case.” This language mirrors the language of FRCP 26.
  • Electronically stored information: Rules 56.01(b)(3) and 58.01 now expressly permit discovery of ESI and permit a party to request that ESI be produced in native format. However, a responding party is not required to produce ESI that is not reasonably accessible because of undue burden or cost. A court may nonetheless order the ESI produced if the requesting party shows good cause.
  • Protection of privileged or work product material: Rule 56.01(b)(9) provides a procedure for clawing back information produced in discovery that is subject to a claim of attorney-client privilege or work-product protection. If the producing party gives notice, the receiving party must promptly return, sequester, or destroy the specified information. An attorney receiving what he or she reasonably believes to be privileged or protected information must stop reading the document, promptly notify the involved attorney, return the document, and delete it. Production of privileged or work-product protected information, whether inadvertent or otherwise, will not be a waiver of the privilege.

Additional impacts are discussed within the article.

In Legaltech News® (Michigan Is Getting Prepared for Its Biggest Discovery Rules Changes in 30+ Years, written by Zach Warren), the author notes that the latest state to update their rules to reflect the 2015 Federal rules changes is Michigan, which recently made the largest change to its civil discovery rules in 35 years(!) in a bid to increase “everyone’s access to our courts to resolve their civil legal dispute in a cost-effective manner,” the state bar said. The new rules go into effect Jan. 1.

Within the new rules, there is an increased importance on planning.  For example, judges will be placing a greater emphasis on discovery earlier in the case with required initial disclosures within Rule 2.302(A)(1). This may sound like it’s ported from FRCP Rule 26, and to some extent it is—but it also borrows from the recently amended Rule 26.1(a) of the Arizona Rules of Civil Procedure.

So, where can you go to learn more about and understand the changes?  At michbar.org/civildiscovery, the Michigan bar has set up a website going through the changes, as well as a calendar of events to help explain the changes throughout the state. This website also includes a link to a guidebook that runs through not only the changes, but also the relevant laws federally and in other jurisdictions that they are drawn from.

Michigan’s judiciary will take a central role in this education; it’s instructive that the guidebook begins with a forward from Chief Justice Bridget M. McCormack. B. Jay Yelton III, a partner at Warner Norcross + Judd, explained that judges were supportive of the committee and its changes for a rather simple reason: They want trials.

“People aren’t filing lawsuits because they can’t afford this system, and I think it strikes all of us that that’s a shame, that the system’s not working as well as it should,” he explained. “People are avoiding the system because of the use of outdated discovery rules that end up burdening the whole process to the point that you never get to a trial, you never resolve the issues.”

It was this sort of buy-in that made the rules process not only successful, but easier to understand, Yelton added. The committee brought in lawyers, judges and other stakeholders in early in the process, and the result was a rules package that elicited very few comments against and very few objections at live hearing.

So, what do you think?  What do you think of the changes?  Will more states follow suit?  Please share any comments you might have or if you’d like to know more about a particular topic.

Image Copyright © Mars, Incorporated and its Affiliates.

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.

Goodbye Columbus, Hello Relativity Fest!: eDiscovery Trends

Today may be Columbus Day, but it’s also six days until the 2019 Relativity Fest conference!  In case you didn’t already know, Relativity Fest is an annual conference designed to educate and connect the eDiscovery community and features panel discussions, hands-on labs, breakout sessions, and insights from Relativity staff, Relativity users, and industry leaders.  It’s a big show with over 2,000 attendees and a lot going on.

Once again, Relativity Fest is in Chicago at The Hilton Chicago (which was the largest hotel in the world when it opened in 1927 and cost ten times to build than the original Yankee Stadium) and it starts on Sunday, October 20 and runs through Wednesday, October 23.  As a development partner in the Relativity ecosystem, CloudNine will once again be the conference and will be there to provide demonstrations of our LAW Integration with Relativity via Compiled’s ReadySuite that enables customers to import and export data between these products with ReadySuite.  We will also be demonstrating a couple of other exciting upcoming capabilities as well, so come by and see us!

Also, I will be covering the show for eDiscovery Daily, and I’m delighted to say that I will also once again be speaking at a session at the conference.  My session is e-Discovery Disasters and How to Avoid Them: Don’t Let This Happen to You, on Tuesday, October 22 at 8:30am, with Kelly Twigger, Principal at ESI Attorneys, Salvatore Mancuso, Vice President of Client Solutions at BlueStar Case Solutions, Inc. and (my partner in crime on CloudNine webcasts) Tom O’Connor, Director at Gulf Coast Legal Technology Center.

In addition to that session, there are several other interesting looking sessions at the conference.  Some major discoveries here!  Here are a few of them:

  • Is It Time to Rethink the EDRM?, Tuesday (10/22) at 8:30am with Michael Quartararo – Managing Director, eDPM Advisory Services , Darcie Spruance – Senior Project Manager, Ms., George Socha – Managing Director, BDO, Constantine Pappas – Senior Manager, Relativity Solutions, Relativity, Philip Favro – Consultant, Driven, Inc. With one of the founders of EDRM, this should be interesting.  :o)
  • Talk Discovery to Me: How to Conduct Effective Interviews with IT and Custodians, Tuesday (10/22) at 2:45pm, a panel of three experts from McDermott Will & Emery (Erica Noel – Discovery Counsel, Alex Godofsky – Discovery Consultant and Tim Gleason – Discovery Counsel) will talk about conducting effective interviews with your client’s IT administrators and custodians.
  • The Judicial Panel, Monday (10/21) at 1:15pm, with the ubiquitous David Horrigan moderating discussions with Pennsylvania Judge Nora Barry Fischer, Texas Judge Xavier Rodriguez, New York Justice Tanya Kennedy and Florida Judge William R. Matthewman to discuss the latest legal developments in eDiscovery.
  • State of the e-Discovery Union: The Roundtable on the Industry and the Profession, Tuesday (10/22) at 2:45pm. David leads a discussion with Hon. Andrew J. Peck – Senior Counsel, DLA Piper, Zach Warren – Editor-in-Chief, Legaltech News, Mary Mack – CLO, MaryMack.com, Ryan O’Leary – Senior Research Analyst, IDC, Kelly Twigger – Principal, ESI Attorneys, Hon. James C. Francis IV – Distinguished Lecturer, City University of New York School of Law and Ari Kaplan – Principal, Ari Kaplan Advisors.
  • e-Discovery Cost Recovery: 5 Considerations for Law Firms, Monday (10/21) at 11:00am, with Daniel Pelc – Senior Manager, Industry Marketing, Relativity, John Koss – Special Counsel, Mintz Levin, Kimberly Fisher – Senior Practice Support Manager, Dickinson Wright PLLC and Kevin Clark – Litigation Support Manager, Thompson & Knight LLP.

To register to attend Relativity Fest, click here.  It’s not too late!  No Cubbies in the baseball playoffs this year, but the Astros are going to win it all this year (I hope!).  :o)

So, what do you think?  Are you attending Relativity Fest 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.