Industry Trends

What is the Future of the Legal Technology Conference?

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

Tom’s overview is split into three parts, so we’ll cover each part separately.  Here’s the first part.

Introduction

I was recently asked to write about the upcoming ILTACON19 conference and you can see my full comments here. But that discussion leads naturally to the larger question about the current state of legal tech conferences.

We know for example that Legaltech® quietly discontinued their West Coast event several years ago and that their NYC event has had vendor presence drop dramatically over that same time frame.  At the same time, events which always proudly billed themselves as being free of vendor participation, notably the ABA TechShow and ILTACON, now have numerous vendor speakers and vendor sponsored agenda events.

What exactly is going on here?  A number of renowned legal commentators have been asking the same question all year.  In this series, I’ll take a look at some of their observations and provide some of my own and analysis of legal tech conferences out there today.

We’ll publish Part 2 – Legal Tech Conference Observations from Other Commentators – on Wednesday.

So, what do you think?  Do you attend legal tech conferences and do you think attendance has proven valuable to you over the years?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Having the Right Technology is Only One Piece of the Puzzle: eDiscovery Trends

We all get the eDiscovery technology is changing – in large part because the demands of eDiscovery are changing.  Amazingly enough though, it’s not just about the technology – as a recent article discusses, it’s as much about the training on how to use the technology as it is about the capabilities of the technology itself.

In Corporate Counsel (A Journey of Self E-Discovery, written by Frank Ready), the author speaks with several eDiscovery and technology experts regarding the needs and challenges of selecting eDiscovery providers and training on eDiscovery tools.  For example, Debbie Reynolds, data privacy officer at Eimer Stahl, describes the process of evaluating contracts with eDiscovery providers as a pendulum, a process by which every few years firms take a look at their ongoing budgets and expenditures to reevaluate whether or not they would be better served by bringing eDiscovery process in-house.

“About every three years you can kind of reconsider, ‘Are we doing the right thing? Are we looking at the right software? Do we have the right staffing?’” Reynolds says.

Investing in an array of high-powered eDiscovery tech and software is all well and good, but putting it into the hands of an untrained staff is still akin to tossing a set of Porsche keys to someone who slept through the entirety of drivers ed. As David Hasman, litigation support manager at Bricker & Eckler, says, “The reality of it is that if you don’t have talent to drive that technology, that technology is useless.”

“Really, the biggest spend from a client’s perspective when you’re facing litigation is typically the discovery. … You as a lawyer better be able to talk to your client and educate them on the process, why it’s important and the costs associated with it,” explains Joseph Tate, director of eDiscovery and practice advisory services at Cozen O’Connor.

To be sure, corporate legal departments aren’t immune to the whims of foot-dragging folks either. George Socha, co-founder of EDRM and a managing director in BDO’s forensic technology services practice, pointed out that some companies have never had a reason to focus on eDiscovery. Still, a sudden spike in litigation can force their hand.

But necessity does not always translate to enthusiasm, at least in the eyes of some of the companies that Socha has spoken to about starting down the eDiscovery path. “Their response is, ‘You’ve got to be kidding? This is what’s going on? This is insane,’” Socha says.

But, as we have all heard before, insanity is doing the same thing over and over again, hoping for a different result.  As Tom O’Connor and I discussed in our April webcast (Discovery Isn’t Just for Litigation Anymore), growing data privacy concerns with the General Data Privacy Regulation (GDPR) and California Consumer Privacy Act (CCPA) and increase in harassment claims with #MeToo and rising corporate malfeasance concerns have led to a lot of potential compliance and investigations needs with regard to discovery that organizations have today whether or not they ever lead to litigation.  In short, most organizations are likely to have some need today regarding eDiscovery, even if they never have any litigation.  As a result, more organizations than ever will not only have a need for eDiscovery technology, they will also have a need for training: training to not only understand how to get the most out of the technology, but also training on best practices regarding eDiscovery in general.  This means an increased emphasis on certifications like the Certified E-Discovery Specialist (CEDS) Certification from ACEDS, as well as trainings and certifications on the eDiscovery technology itself.

That’s one of the many things great about our industry – there’s always a lot of new things to learn!

So, what do you think?  How does your organization address technology and best practice training needs?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Heat Wave or Cool Front? Results of the Summer 2019 eDiscovery Business Confidence Survey: eDiscovery Trends

It’s that time again!  I’m here to cover the results of the Summer 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.  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 fifteen surveys to date, from January 2016 to present.

The Summer 2019 Survey response period was initiated on July 1 and continued until registration of 173(!) responses last week, 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 Reclaim Their Normal Position: After a rare instance of another group (Law Firm respondents) leading in the Spring survey, we’re back to Software and/or Services Provider respondents as the top group with 31.8% of all respondents.  Law Firm respondents weren’t too far behind at 30.6% of all respondents (still higher than last time).  Corporation respondents were third at 15.6%, another high percentage of corporate respondents and Consultancy was fourth at 12.7%.  If you count law firms as providers (they’re technically both providers and consumers), they account for over three-quarters of respondents at 75.1% of total respondents, which is still the second lowest percentage of provider respondents (higher than only last quarter’s 72.2%).  So, expanding the respondents has still continued diversify the responses somewhat.  Here’s a graphical representation of the trend over the fifteen surveys to date:

So, how confident is the largest group of respondents ever in eDiscovery business confidence?  See below.

Most Respondents Consider Business to Be Good (Barely): After the lowest ever number of respondents last time considered business to be good, we saw a 9.8 point rebound to 50.9% of respondents.  While that’s higher than last quarter, it’s lower than the last two summers.  41.6% of respondents consider business to be normal, so the good and normal numbers pretty much flip-flopped from last quarter.  7.5% of respondents rated business conditions as bad, which is comparable to last summer, but higher than two summers ago.  So, was last quarter’s lower current business conditions rating an anomaly?  Hmmm…  Here is the trend over the fifteen 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, that’s a drop of 1.8% as those expecting worse business conditions rose to 4.0% (from 2.2% last quarter), while the percentage expecting business to be the same fell to 56.1%.   More than half of respondents also expected the same on revenues and profits – 51.4% and 57.2% respectively.  When looking at previous summers, this summer reflects the lowest percentage of respondents expecting higher profits at 31.2% (only Winter 2019 was lower at 28%).  Great scott!  Here is the profits trend over the fifteen surveys to date:

Will the trend toward lower future profits predictions continue?  We’ll see.

Cost, Cost, Cost!  Budgetary Constraints Considered to Be Most Impactful to eDiscovery Business: Tag, you’re it!  Budgetary Constraints and Increasing Volumes of Data continued their almost reliable flip-flop between the top two positions, with Budgetary Constraints identified as the top factor this time with 27.2%.  Increasing Volumes of Data dropped back down to second at 22.5%. Increasing Types of Data was once again third at 20.8%, followed by Lack of Personnel at 12.7%, Data Security at 11.6% and Inadequate Technology (once again) bringing up the rear at 5.2%, the lowest number ever for any factor in the history of the survey.  Does this mean most people are happy with their technology?  Hmmm…  The graph below illustrates the distribution over the fifteen surveys to date:

Increasing Volumes of Data, Budgetary Constraints and (now) Increasing Types of Data continue to consistently be at the top of the most impactful factors quarter after quarter.

“Managing” to Be Somewhat Even in Distribution of Respondents: Operational Management respondents were the top group at 37.6%, almost it’s highest level ever (other than 38.9 percent in Fall 2016).  Tactical Execution respondents were second at 35.3% and Executive Leadership respondents were last again at 27.2%, though almost 3 percent higher than last quarter.  Here’s the breakdown over the fifteen surveys to date:

It’s clear that the more respondents we get, the more diverse the results with a much greater influence from the “rank and file” (i.e., managers and technicians).

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.

Image Copyright © Rankin/Bass Productions

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.

Thinking Like a Millennial: How Millennials are Changing Discovery, Part Five

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, which we covered as part of a webcast on June 26.  Now, Tom has written another terrific overview regarding the impact of millennials on eDiscovery titled Thinking Like a Millennial: How Millennials are Changing Discovery that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

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

Conclusions and Recommendations

The favorite tools of millennials are in use now.  We know them. We are trying to adjust to them. But perhaps the problem is not the tools. We must acknowledge the cultural shift in work flows and communication methods influenced by millennials as more employees work remotely, including from home, than ever before. Then we must be prepared to design eDiscovery tools to deal with these changes.

Millennials will quickly and easily embrace new apps. They will employ collaboration and innovation to yield more effective workflows. Responding to those changes requires proactive planning not reactive responses.

Companies need to design and establish data retention policies and deletion protocols around these new tools. Engage custodians now to understand how they are communicating and collaborating at work. Understand that overlooked applications which you may consider informal mobile apps can, in reality, be the main form of communication for many employees.

Service providers need to develop new strategies and processes for collecting data from these new tools.  These new tools may be will be less uniform and more diversified in their deployment and this implementation may vary widely within departments of the company. This will require extensive collaboration with IT departments in order to understand how their tools are implements

Data growth is expanding at an enormous rate. In 2018, DOMO reported that “over 2.5 quintillion bytes of data were created every single day and it estimated that by 2020, 1.7MB of data will be created every second for every person on earth.  And, a recent report in the Visual Capitalist found the following:

  • 500 million tweets are sent daily
  • 294 billion emails are sent daily
  • 4 petabytes of data are created on Facebook daily
  • 4 terabytes of data are created from each connected car daily
  • 65 billion messages are sent on WhatsApp daily
  • 5 billion searches are made every day

By 2025, it’s estimated that 463 exabytes of data will be created each day globally – that’s the equivalent of 212,765,957 DVDs per day!

Source: Visual Capitalist

As technology advances, millennials will continue to blur the lines between personal and professional communications and the demand for faster and better tools and applications that are integrated with both work applications and personal social media will continue to create more and more data. This combination will place even more stress on the eDiscovery components of preservation and collection.

Companies and law firms will need to proactively identify and address all these new data sources and combinations by designing new internal policies while working with vendors to develop new collection tools.  Getting ahead of the technology curve is the best way to limit exposure to litigation risks and reduce the inevitable costs related to eDiscovery.

So, what do you think?  Have the habits of millennials impacted eDiscovery for your organization?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

ILTACON is One Month Away. And, I’m Speaking – Twice!: eDiscovery Trends

Hard to believe, but we’re just one month away from ILTACON 2019, being held this year at the Walt Disney World Swan and Dolphin Resort in Orlando August 18-22.  CloudNine will be at the conference in a big way again this year.  And, so will I, as I will be speaking not just once, but twice at this year’s conference!

As always, the conference will be four days, preceded by some networking activities (including the annual golf tournament) on Sunday the 18th.  Educational sessions will begin on Monday the 19th and continue through Thursday the 22nd.  And, the Exhibit Hall will also be open for four days, starting with the annual opening reception: A Whole New World of Possibilities-A Journey through Classic TV.  Should be interesting to see what types of characters people dress up for that one!  Here’s a link to the summary agenda.

Speaking of the Exhibit Hall, CloudNine will be exhibiting again at this year’s show at booth #624.  We expect to have several exciting announcements regarding our products in the next couple of weeks and will announce what we plan to showcase before the conference begins.  If you are attending ILTACON this year and would like to schedule a meeting with us, you can go to this page to request a demo and indicate that you want to meet at ILTACON 2019!

When we get closer to the conference, we will have a preview post to identify some of the more interesting topics to be covered at this year’s educational sessions.  Here’s a link to the session grid – keep in mind that this is as of July 12 and still subject to change.

One thing that won’t change is that I’m speaking at ILTACON again this year.  This time, I’m speaking twice!  On Wednesday, I will be part of ILTACON’s brand new Litigation Support Day, which features a DAY of SPARK (Short, Provocative, Action-oriented, Realistic, and Knowledgeable) talks by leaders in the industry.  Organized by David Hasman of Bricker & Eckler, David Horrigan of Relativity, and Philip Weldon of Fried Frank, this program will be moderated by David, and the program will feature presentations on everything from cloud transformation to career development and job interview techniques.

I will be participating in Session One – Litigation Support State of the Union from 9:00-10:30am that day.

I will also be moderating the session Choosing a Predictive Coding Approach – “Predictive Coding For Dummies” on Thursday from 11:30am-12:30pm.  In that session, you can gain a full understanding of analytic jargon, acronyms [TAR, CAL, SPL, SAL?], learn the pros and cons of each approach, and collect a few tips for selling it to case teams, clients, and opposing counsel!  We’ll also conduct a fun exercise that illustrates how a supervised machine learning approach works.  Speakers for the session include: Doug Matthews, Partner at Vorys, Sater, Seymour and Pease LLP; Lia Majid, CEO and Founder of Acorn Legal Solutions; Julian Ackert, Managing Director at iDiscovery Solutions, Inc. and Trena Patton, Solutions Architect at Epiq.  Come check it out!

So, what do you think?  Do you plan to attend ILTACON this year?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Thinking Like a Millennial: How Millennials are Changing Discovery, Part Three

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, which we covered as part of a webcast on June 26.  Now, Tom has written another terrific overview regarding the impact of millennials on eDiscovery titled Thinking Like a Millennial: How Millennials are Changing Discovery that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into five parts, so we’ll cover each part separately.  Part one was last Tuesday, part two was last Friday, here is the third part.

Drivers for Millennials’ Thinking Today

Voting Studies

So, where do we learn more about this new generation? Most of the information we have on millennials comes from studies of their voting patterns and buying habits. In the first area the general assumption is that they are social loners who don’t vote. An estimated 31% of eligible people ages 18 to 29 voted in the 2018 midterms, according to the Center for Information and Research on Civic Learning and Engagement (CIRCLE). This exceeds participation from the same age group in the 2014 midterms by about 10 percentage points but is still far below the number that voted in the 2016 presidential election, when 51% of eligible millennial voters cast a ballot.

In the 2018 midterm, a poll released the week of the election by the Institute of Politics at Harvard Kennedy School, found four out of 10 adults under 30 said they would “definitely vote” and in Texas and Georgia, early turnout by 18-29 year olds was up by a whopping 500 percent in the days before the election, according to The Independent.

But the fact is that millennial voting rates have never exceeded 50%, even in 2018. According to a national poll last fall, just two-in-ten of America’s young adults consider themselves “politically engaged and active.” So far, only  41% of millennials ages 18-29 are certain they’ll vote.

But are they really isolated social loners intent only on gaming and texting? Why such low turnout when in the 1800’s 80% turnout was commonplace?

Maybe the reason isn’t the generation but the society. In the mid-1800s, transcendentalist Margaret Fuller envisioned the individualistic reality millennials now inhabit. Fuller believed that “American culture was best served by the influence of the self-cultivated individual.” If individuals prioritized themselves, America would fulfill its destiny as a truly democratic nation.

But as those ideal became reality, as individualism increases, each successive generation since World War II participates less in civic duties and governmental expectations. And so to the they are political, millennials are moved by measures championing personal choice—not society, country or planet. Only half of millennials see themselves as patriotic, and less than a third consider themselves to be environmentalists. Just 19% of millennials see themselves as generally trusting of others, compared to 40% of boomers. But we support gay and interracial marriage, abortion and marijuana legalization substantially—and sometimes exponentially—more than other generations.

Political engagement has been replaced by more direct social engagement  A 2014 report on the impact of millennials revealed 87% donated money to an organization that supported a cause they supported.

Millennials do have a desire to make an impact for a good cause, they simply don’t see voting as the best mean to accomplish that.

Millennials in 2016 were significantly less likely to vote or try to influence others vote than were the ’80s generation in the 1987 survey, or the first wave of postwar baby boomers in 1967. BUT millennials display about the same level of political interest as the youngest generation did in 1987, and millennials contact local government and work with others in the community at essentially the same rates as did youth in the earlier surveys.

So, if the 1980s generation that was once considered apathetic is now, in middle age, actually more politically active than earlier generations were at that same stage in their lives then we can expect the same for millennials. The “participation gap”, which actually just appears under closer scrutiny, to be a reluctance to vote, might just indicate that “kids these days” – the millennials – just won’t participate more actively until later in life.

What does that mean for technology usage? That’s where marketing studies come in.

Marketing

We all “know” that millennials are mobile consumers tapping their mobile devices for hours each day and we’ve all seen or heard of research that indicates they spend more time interacting with their phones than other people but at the same time have short attention spans.

This may be because, as mentioned above, millennials appreciate tech as something they saw grow up while they did. They’ve seen numerous networks and devices come and go. Instagram, Pinterest, Snapchat and Tumblr, MySpace, Vine, Google+.

Given their comfort level with technology, they tend to favor services that offer practicality, utility, convenience and even fun. In short, millennials value technology when it delivers value.

Common characteristics of millennials that marketing studies have revealed include that they:

  1. Will Embrace New Technology
  2. Want to Create Opportunities for Good Causes
  3. Want Product to Support their Creativitity
  4. Want Innovation
  5. Want Product to “Speak their Language”
  6. Want Flexibility
  7. Want Personable Company
  8. Want Passionate Company
  9. Want to Be Valued as “Real”
  10. Want to Be Recognized

What we see in these studies is that the perception as being the next “me generation” is really a focus on personal rather than social validation.  Millennials are the largest single generation in history and have become the largest influence in social and technological habits.  They value utility, effectiveness and relationship over price and are undaunted by technological innovation.

We’ll publish Part 4 – Impact of Millennials on Legal Technology and eDiscovery – on Wednesday.

So, what do you think?  Have the habits of millennials impacted eDiscovery for your organization?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Thinking Like a Millennial: How Millennials are Changing Discovery, Part Two

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, which we covered as part of a webcast on June 26.  Now, Tom has written another terrific overview regarding the impact of millennials on eDiscovery titled Thinking Like a Millennial: How Millennials are Changing Discovery that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

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

Understanding Millennials and How They Differ from Previous Generations

Well first, let’s ask, what exactly is a millennial? Are they really, as often stated, misunderstood job jumpers who have taken control of both the workplace and economy?

What exactly is the generational breakdown? Generational analysis is difficult and often shifting and it takes time for popular and expert consensus to develop precise breakdowns, but the Pew Research Center assesses such demographics and has come up with the following chart:

  • The Silent Generation: Born 1928-1945 (74-91 years old)
  • Baby Boomers: Born 1946-1964 (55-73 years old)
  • Generation X: Born 1965-1980 (39-54 years old)
  • Millennials: Born 1981-1996 (23-38 years old)
  • Generation Z (Post Millennials): born 1997 or later (up to 22 years old)

Millennials are expected to overtake Boomers in population in 2019 as their numbers swell to 73 million and Boomers decline to 72 million while Gen X is projected to pass the Boomers in population by 2028.

The Millennial generation growth is not just from a growing birth rate. Census figures show that young immigrants also expand its ranks. Meanwhile, boomers are aging and their numbers shrinking in size as the number of deaths among them exceeds the number of older immigrants arriving in the country.

What does this mean in terms of technical usage trends? The Millennial segment may not be “digital natives” to the degree of the Gen Z population but they have grown up during the digital revolution.  They’re tech savvy and saw firsthand the explosion in the use of mobile phones, social media and Internet-based information at your fingertips.

Compare that to my generation. As a bona fide boomer, I was born in 1950 in upstate Vermont. I grew up listening to a radio for my entertainment and getting my news from a paper. When TV entered my life, it came on at 4PM, went off at 11PM and consisted of two Lo VHF channels. One of which was from Montreal. At least I didn’t need to speak French to watch hockey.

Then came transistor radios. Portable data! I listened to the first Mercury launch, to the Beatles sing I Want to Hold Your Hand. To Cassius Clay beat Sonny Liston, Bill Mazeroski homer to win the World Series in the 9th. In my own room.

Next up was a car. AM radio. Better than a transistor. But I was a teenage and on AM radio there was a nothin’ goin’ down at all. Then one morning I found a New York station and I couldn’t believe what I heard at all. I started shakin’ to that fine, fine music and my life was saved by rock ‘n’ roll. FM baby. And the next thing I know I was rolling down the window and letting the wind blow back my hair on the New Jersey Turnpike in the wee, wee hours.

8 tracks, cassette players, the Internet, IPods: all of it one big wow. But technology does not present a “wow” factor for millennials and Gen Z. Rather new technology products and apps are just another channel in the cable network world of 500 channels that is their lives. A new channel appears, they try it. If they like it, they listen more. If not, switch the channel, flip the switch, try something new.

We’ll publish Part 3 – Drivers for Millennials’ Thinking Today – next Monday.

So, what do you think?  Have the habits of millennials impacted eDiscovery for your organization?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Thinking Like a Millennial: How Millennials are Changing Discovery

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, which we covered as part of a webcast on June 26.  Now, Tom has written another terrific overview regarding the impact of millennials on eDiscovery titled Thinking Like a Millennial: How Millennials are Changing Discovery that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into five parts, so we’ll cover each part separately.  Here’s the first part.

Introduction

I was asked to tackle this topic after a question in a recent webinar. It seems to imply that millennials are or will be using some forms of technology that will present significant challenges to ESI preservation and production as the member of that social group enter the work force.

Paul Gentile, Senior Director, Product Marketing at LogMeIn (a.k.a., GoToMeeting) had this observation regarding millennials impact on the workforce:

The major shifts taking place in the modern workforce—remote working, geographically distributed teams, the growing popularity of online collaboration tools—can be attributed to the millennial generation’s preferences that flow into their careers.

But is that really accurate? Haven’t those changes already taken place? Aren’t millennials already part of the work force and using the same tools as the rest of us? Is there some rising tide of millennial software that will befuddle legal technologists in the coming years or are we all on the same technology flight, just some of us are sitting in first class chatting on our tablets on free Wi-Fi while the people in steerage are struggling to sign in to the Boingo signal so they can pay an outrageous fee for three hours of horribly slow connectivity?

In this paper, we will take a look at millennials, what motivates them and how they differ from previous generations and what the impact of millennials is on legal technology and eDiscovery, as follows:

  1. Understanding Millennials and How They Differ from Previous Generations
  2. Drivers for Millennials’ Thinking Today
  3. Impact of Millennials on Legal Technology and eDiscovery
  4. Conclusions and Recommendations

We’ll publish Part 2 – Understanding Millennials and How They Differ from Previous Generations – on Friday.

So, what do you think?  Have the habits of millennials impacted eDiscovery for your organization?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Survey Says! Results of the ACEDS Community Survey: eDiscovery Trends

As part of its focus on offerings and opportunities that impact certifications, careers, contacts, and competence, the Association of Certified E-Discovery Specialists (ACEDS) recently conducted one of the more comprehensive online surveys of individuals currently working in the field of the eDiscovery that I’ve seen in a long time.  So, what were some of the findings?  Let’s take a look.

ACEDS posted Nineteen Observations on ACEDS in the Summer of 2019, written by Rob Robinson, editor of the excellent Complex Discovery blog and probably the unofficial survey king of eDiscovery.  Rob posted those same observations on his blog here.

Notably, the survey was open between May 15, 2019, and June 3, 2019. The survey was conducted by an outsourced and primary research firm, Hanover Research, and was designed to provide insight into survey areas through the responses to approximately 250 questions(!) organized around six general ACEDS-related topics.  Of those receiving invitations to participate, 149 eDiscovery professionals completed all 250 questions (I was one of those – kudos to ACEDS for generating so many responses to such a long survey). Partial responses to the survey were not tabulated as part of the survey results, and the reward for full survey completion was $20 directed by respondents to one of three charities.

Here are a few of the observations from the survey:

  • 93% of ACEDS Community Survey respondents were aware of the Certified E-Discovery Specialist (CEDS) certification, with 80% of these respondents being very familiar or extremely familiar with the CEDS certification.
  • The ACEDS Blog was noted as a primary source of legal news and thought leadership information by 79% of survey respondents.
  • Unsurprisingly given the target audience of the survey, 75% of respondents shared that they were current members of ACEDS. Additionally, 35% of respondents noted Women in eDiscovery (WiE) as the most common non-ACEDS membership to possess among presented legal industry groups.
  • 84% of respondents shared that they have a positive impression of ACEDS, and one-third of respondents noted that the reason for the positive impression was ACEDS educational content and certification course materials.
  • In considering the frequency respondents use skills acquired from certifications in their work, security-related certifications appeared to be the most utilized certification skills with 91% of respondents with security-related certifications reporting that they always use the skills related to that certification in their work. Also, 58% of respondent CEDS certificate holders noted that they always use CEDS-related skills in their work.
  • Only 7% of respondents shared that eDiscovery was taught as part of their law school or paralegal school curriculum. With just under two-thirds of that teaching (64%) being teaching as part of a course dedicated to eDiscovery.
  • 89% of ACEDS Community Survey respondents reported an increase in compensation during the last five years and 77% reported an increase in job offers.
  • 69% of survey respondents attended at least one industry professional development conference during the past year, with LegalTech NY, Relativity Fest, and ILTACON being the most attended conferences. 32% of respondents noted attending LegalTech NY, 24% of respondents noted attending Relativity Fest (Chicago or London), and 20% of respondents noted attending ILTACON.

These are just a few of the published results, check out the article for more.  Also, speaking of surveys, Rob launched the Summer 2019 eDiscovery Business Confidence Survey over the weekend, so you can participate in that one too.  I’ll cover the results of it in a few weeks as I have the previous surveys over the past 3+ years.

So, what do you think?  Are you surprised by any of the ACEDS survey results?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Daily will return next Monday.  Happy Independence Day!

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.

From Legal Week to Legal Geek, The Conference You May Not Have Heard Of: eDiscovery Trends

Don’t feel bad – neither did I until after the fact.  But, the first ever Legal Geek North America conference happened last week in Brooklyn and it sounds like it might be one to check out in the future – if you can get in.

In Legal IT Professionals (Legal Geek North America Makes Its Mark in Brooklyn), Christy Burke described the “Legal Geek Ethos” as outlined by Legal Geek founder Jimmy Vestbirk as one that “prioritizes friendship over selling, recommends both learning and teaching, reminds of the importance of pitching in to help, and reminds about the all-important ‘no ties’ policy, which was strictly observed – no ties in sight!”  According to Christy, “Vestbirk compared the conference to Woodstock, the legendary American music festival of 1969 – a great analogy because the event’s clear aim was to bring a diverse group of people together for a memorable, singular experience that could never be recreated.”

Speakers included Marc Cohen of Legal Mosaic (who actually attended the original Woodstock), Dr. Eva Bruch of AlterWork, Tess Blair of Morgan Lewis, Lucy Dillon of Reed Smith, Susan Hackett of Legal Executive Leadership, Karl Chapman of EY Riverview Law, Karl Kong from Axiom, Nicole Bradick of software development and design firm Theory & Principle and Dan Reed, CEO of UnitedLex.  According to Reed, the push of innovation is coming from Boards and C-Suites of the best companies in the world.  “Law has lost its immunity,” he said, and “going digital” means extreme client centricity.  Corporate clients are thinking in terms of “value capture” – gains built on performance and quality, lowering risk and cost.  Reed said that law firms need value capture to be relevant in today’s world.

These were just some of the 60+ speakers from 6+ countries that spoke to 450 attendees (apparently a waitlist of another 100+ couldn’t get into the event).  So, clearly some people have heard of it and it sounds like it was a very interesting and entertaining event.  Christy’s article goes a lot more in depth into some of the content discussed by the speakers and it sounds like there will be a Legal Geek Festival in London for a whole week from October 14 through October 18.  Legal Geek – Week!

I’m intrigued and will have to consider it for next year.  Are you intrigued?

So, what do you think?  Are you a “legal geek”?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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