Information Governance

As noted yesterday and Tuesday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  This is the last day to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and at least 182 exhibitors providing information on their products and services.

While at the show, we will (for the seventh year in a row!) be interviewing several industry thought leaders to see what they think are the significant trends for 2017 and, which of those are evident at LTNY.  After the show, we will announce the series of thought leader interviews and identify when each will be published.  Mark your calendars!

American Lawyer Media (ALM) has redesigned their site so that all three days are on a single page, so you can’t really perform a “find” anymore to get the number of hits for “discovery” or “information governance” for the day.  Nonetheless, based on Monday’s post, there is still plenty to talk about!  Sessions in the main conference tracks include:

10:30 – 11:30 AM:

E-Discovery for Investigations and Criminal Matters

Traditionally, e-discovery has been a part of complex commercial litigation, but as electronically stored information becomes a ubiquitous part of everyday life, the frontiers of e-discovery are expanding to new areas of law and corporate governance.  These areas include the expanded use of e-discovery in investigations and criminal matters.  Join us for this session as speakers from government and private practice discuss these growing fields in e-discovery.

Speakers to include: Moderator: David Horrigan, E-Discovery Counsel & Legal Content Director, kCura; Panelists: Edward J. McAndrew, Partner, Ballard Spahr, Xavier Rodriguez, United States District Judge, Western District of Texas, Ronald Sharpe, U.S. Attorney District, Virgin Islands, Stan Stampson, Senior Counsel, The World Bank.

Update on Effects of Brexit on Privacy and Data Protection Considerations

Now that Brexit is a reality, organizations doing business or even serving customers in the United Kingdom are struggling to understand which data protection requirements they should follow and how. Technically the General Data Protection Requirements (GDPR) of the European Union will no longer apply to the UK. So what are organizations supposed to do if they are doing business not only in the UK but also in other EU countries? In this session, a panel of experts will walk the audience through the salient UK requirements, as well as the salient GDPR requirements.

Speakers to include: Moderator: John Isaza, Partner, Rimon PC; Panelist: Richard Hogg, Global InfoGov Solutions Leader, IBM, Jason C. Stearns, Director – Legal & Compliance Group, BlackRock, Jill M. Williamson, Counsel, Rimon PC.

12:30 – 1:30 PM:

New Frontiers for International e-Discovery

Cross-Border e-discovery has always presented challenges for practitioners and clients alike.  With the increase in data privacy and protection requirements around the globe, Brexit in the United Kingdom, the upcoming EU General Data Protection Regulation (GDPR), the demise of the EU-US Safe Harbor, and the uncertain future of the EU-US Privacy Shield, these challenges are only growing.  To prepare for the future of international e-discovery, hear this panel of US and international legal experts discuss ways to navigate the new frontiers of international e-discovery.

Speakers to include: Moderator: Steve Couling, Vice President of International Sales, kCura; Panelists: Chris Dale, Founder, eDisclosure Information Project,  Karyn Harty, Partner, McCann Fitzgerald, Davin Teo, Managing Director Forensic Technology, Alvarez & Marsal Disputes & Investigations Limited, David Horrigan, E-Discovery Counsel & Legal Content Director, kCura.

Data Disposition Strategies from the Trenches

Despite advances in technology and legal clarifications, organizations continue to struggle with hitting the delete button on back-up tapes. This is due in part to a grave misunderstanding of where the law currently stands on the issue, as well as legitimate concerns about inadvertent spoliation or the perception that it was intentional. In this session, without naming names, a panel of experts will walk the audience through the legal methodology and thought processes used to help clients reach a studied and vetted decision to finally hit the delete button.

Speakers to include: Moderator: John Isaza, Partner, Rimon PC; Panelist: Richard Hogg, Global InfoGov Solutions Leader, IBM, Jason C. Stearns, Director – Legal & Compliance Group, BlackRock, Jerry Cohen, Partner, Burns & Levinson LLP.

Stop the Lip Service: Real Advocacy Under the Federal Rules

While counsel has been overrun with news that the Federal Rules of Civil Procedure have changed – very little guidance has been provided to in-house counsel and large data holders on how to leverage the 2015 Amendments to prevent discovery side-shows that waste time and drive costs.  This program will discuss how to use the new rules to your organization’s advantage in litigation, including effectively negotiating scope in discovery, cutting short unduly burdensome and disproportionate requests; and re-scoping preservation requirements with concepts of proportionality. Hosted by the Electronic Discovery Institute.

Speakers to include: Moderator: Zach Warren, Editor-In-Chief, Legaltech News; Panelists: Jamie Brown, Consulting Attorney – Law and Technology, Barclay’s, Patrick Oot, Partner, Shook, Hardy & Bacon, LLP, Robert Owen, Partner, Sutherland, Asbill & Brennan, LLP, George Socha, Managing Director, BDO Consulting.

2:00 – 3:00 PM:

The Future of e-Discovery Law, Business, and Practice

In this final session of Legaltech New York 2017, members of the bar and bench and industry analysts predict the future of e-discovery, including how the law will change, how the industry will change, and how law firms and corporations will deal with exploding data volumes in the coming decades of the 21st Century.

Speakers to include: Moderator: David Horrigan, E-Discovery Counsel & Legal Content Director, kCura; Panelists: Monica Bay, Fellow, CodeX: The Stanford Center for Legal Informatics, Dennis Garcia, Assistant General Counsel, Microsoft, James Francis IV (S.D.N.Y), United States Magistrate Judge, Daniel Martin Katz, Professor, Illinois Tech – Chicago Kent College of Law, Andrew Jimenez, CEO, Fronteo USA.

Social Media: Ethics and Records Considerations

Social Media presents a host of challenges for organizations, not the least of which involve its impact on legal ethics and records retention considerations. John Isaza will lead a panel of experts and walk the audience through legal ethics implications arising from a social media presence, including best practices on how to address those ethical concerns. A related topic of discussion will be the records that could arise from social media, including best practices on how to declare, classify and manage the resulting records.

Speakers to include: Moderator: John Isaza, Partner, Rimon PC; Panelists: Jerry Cohen, Partner, Burns & Levinson LLP, Kevin Fumai, Managing Counsel, Oracle, Jefferey Ogden Katz, Member, The Patterson Law Firm LLC.

In addition to these, there are other eDiscovery-related sessions today.  For a complete description for all sessions today (and for the entire show, since they’re all on one page), click here.

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

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.

As noted yesterday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and at least 182 exhibitors providing information on their products and services.

While at the show, we will (for the seventh year in a row!) be interviewing several industry thought leaders to see what they think are the significant trends for 2017 and, which of those are evident at LTNY.  After the show, we will announce the series of thought leader interviews and identify when each will be published.  Mark your calendars!

American Lawyer Media (ALM) has redesigned their site so that all three days are on a single page, so you can’t really perform a “find” anymore to get the number of hits for “discovery” or “information governance” for the day.  Nonetheless, based on Monday’s post, there is still plenty to talk about!  Sessions in the main conference tracks include:

9:00 – 10:00 AM:

The Effects of the December 2015 Amendments to the Federal Rules of Civil Procedure from 3 Perspectives (Judges, Defense & Plaintiff)

Speakers to include: Moderator: Patrick Oot, Partner, Shook Hardy & Bacon; Panelists: Hon. Andrew J. Peck, United States Magistrate Judge, Southern District of New York, Hon. Xavier Rodriguez, United States District Judge, Western District of Texas, Hon. Elizabeth D. Laporte, United States District Court Judge, Northern District of California, Ariana Tadler, Partner, Milberg LLP, Paul D. Weiner, National eDiscovery Counsel | Shareholder, Littler Mendelson P.C.

10:30 – 11:30 AM:

The Data Privacy Landscape: Emerging Laws Affecting Cross-Border Discovery

In this session, a panel of leading eDiscovery experts will offer best practices for navigating the current state of cross-border data transfers unscathed. The panel will evaluate the impact of the General Data Protection Regulation, the EU-US Privacy Shield, blocking statutes and other data localization developments from around the globe, including in Russia, South America and the Asia-Pacific. Panelists will also review differing definitions of privacy in light of recent case law and discuss how they affect organizations’ legal obligations and suggest strategies for implementing safeguards and reducing the risks posed by these developing laws.

Speakers to include: Moderator: Drew Macaulay, Consilio; Panelists: Natascha Gerlach, Senior Attorney, Cleary Gottlieb Steen & Hamilton LLP (Brussels, Belgium), Taylor M. Hoffman, Global Head of eDiscovery Management & Senior Vice President, Swiss Re America Holding Corporation, John Davis, Executive Director and Counsel – Global eDiscovery, UBS, Catherine Castaldo, Global Chief Privacy & Data Protection Counsel, GE Capital.

5 Forces Changing Corporate eDiscovery: What Law Firms Need to Know

Corporate eDiscovery is evolving, and savvy law firms are adapting to new client demands. This session brings together in­house and outside experts to discuss quantitative and qualitative benchmark data from dozens of interviews with AmLaw 200 firms and Fortune 500 companies. Join us for an interactive session that covers real client issues like data security, cloud consolidation, outsourcing, reporting, TAR adoption… and see how corporate legal and outside counsel are actually working with each other in the new model.

Speakers to include: Moderator: Hal Marcus, Director of Product Marketing, OpenText Discovery; Panelists: Ari Kaplan, Ari Kaplan Advisors, Rachelle Rennagel, eDiscovery Special Counsel, Pillsbury, Sharika de Freitas, Senior Manager, Discovery Solutions & Technology, Viacom, Mira Edelman, Discovery Counsel, Google.

3 Situations, 2 Lawyers, 1 Corporation: Using Relativity in a Data Breach, an Investigation & Litigation

Hypothetical scenarios with real-world Relativity workflows. Learn how a fictitious corporation in the financial services sector leverages new document review work streams to assist with three different types of hypothetical legal matters—a data breach response, an investigation, and litigation.

Speakers to include: Moderator: Cathleen Peterson, SVP – Consulting & Advanced Review Services, Kroll Ontrack; Panelist: Bernard (Brian) Hensgenbaugh, Partner, Baker Mackenzie.

1:30 – 2:30 PM:

Finding a New Safe Harbor: Using Technology and 1LR to Comply With Cross-Border Data Privacy Rules

The nullification of the U.S.-EU Safe Harbor Agreement was a shot heard around the legal world. In the vacuum created by the collapse of this framework, and with new data privacy laws continuously emerging, organizations have been struggling to determine how best to proceed with cross-border data transfers for litigation, compliance and regulatory investigations. In this panel, international e-discovery experts will discuss how various approaches to compliance, including tools such as deduplication, predictive coding, automatic redaction and anonymization.

Speakers to include: Moderator: Michael Becker, Consilio; Panelist: Jeff Nass, Senior Counsel – eDiscovery, Boehringer Ingelheim, Ashley Baynham, Partner, Brown Rudnick, Brian Corbin, Vice President & Assistant General Counsel, Legal Discovery Management, JPMorgan Chase & Co.

TAI: Technology Assisted Investigations for the Enterprise

How many lawyers does it take to investigate an email server? Analytics are a force multiplier for modern investigators, empowering lean teams to understand and review millions of documents. Join this session to learn about the expert techniques and tools used by top lawyers, data scientists, and regulators to expedite fact finding, inform decisions, and better support their clients. This session will present practical strategies and real life success stories that you can start replicating right away to find smoking gun emails—or prove the lack thereof.

Speakers to include: Moderator: Adam Kuhn, eDiscovery Attorney, OpenText Discovery; Panelists: Robert Keeling, Partner, Sidley Austin, John Davis, Executive Director and Counsel – Global eDiscovery, UBS, David Yerich, Director – eDiscovery, UnitedHealth Group, Laura Roman, E-Discovery Specialist, New York Stock Exchange, Stephen Medlock, Senior Associate, Mayer Brown.

Mobile Device Investigations: From Android to iPhone and Back

A smartphone from a key employee lands on your desk, what next? Spend 60 minutes with a mobile forensics expert and in-house counsel/IT, who will discuss various scenarios involving forensics and perform a live smartphone acquisition to help you see actual data available that might help an investigation or litigation. Questions that will be answered include: (1) What mobile device data might be helpful during litigation? (2) What common legal and IT challenges are associated with mobile forensics investigations? (3) How do mobile device investigations differ from computer investigations?

Speakers to include: Moderator: Jason Bergerson, Director of Consulting Operations, Kroll Ontrack; Panelists: Rich Robinson, eDiscovery & Information Manager, JCPenney, Michael J. Burg, Corporate Counsel, DISH Network L.L.C., Clifford E. Nichols, Senior Counsel, Day Pitney.

Cost Predictability in eDiscovery:  A Real Innovation That Is Long Overdue

You have already heard it:  ECA, TAR, AI and AFAs are the answers. Despite all the hype, there are legal departments that can control and predict the internal and external contributors to the total cost of eDiscovery. They are doing so in the face of typical uncontrollable variables like the number of custodians in a matter, the number of pages per document that are in a gigabyte of data, and the speed at which documents are reviewed. In this session, our experts go beyond the theoretical and will discuss their first-hand experiences in creating predictable eDiscovery budgets and reducing total eDiscovery costs.

Speakers to include: Moderator: Jamie Berry, Senior Vice President of Questio Operations, UnitedLex; Panelists: Constance Mockaitis, Senior Manager, eDiscovery, AbbVie, Jacob Herstek, Vice President and Senior Legal Counsel, HSBC Bank USA, NA, Judith Beall, Associate General Counsel & Senior Vice President, Bank of America, Ellen Blanchard, Senior Corporate Counsel, eDiscovery, T-Mobile.

3:00 – 4:00 PM:

Global Investigations and Multilingual Data – How to Manage the Risks Presented by Multilingual Datasets

Global businesses speak many languages. While conducting business in multiple languages is necessary and inevitable it also creates grave business risks as some of the most egregious and concerning compliance issues become much harder to detect.  Sound risk management requires an effective approach to reviewing multilingual datasets.  In this thought-provoking session, attendees will get a refreshing flavor for how delightfully complex multilingual reviews can be.  The speakers will illustrate the challenges of searching multilingual data and explain workflow choices for the review of multilingual documents.

Speakers to include: Moderator: Ben Rusch, Consilio; Panelist: Farrah Pepper, Executive Counsel Discovery, General Electric Company, Mark Hjerpe, Partner, Divergent Translations.

Enough Already! Predictive Coding is for Every Matter

Machine learning isn’t just for multi­million document discovery— it’s not even just for discovery. Come learn how continuous machine learning is being used every day for litigation, investigations, due diligence and more as a natural extension of human analysis. No complicated written protocols, advanced project management, or extraordinary involvement by SMEs needed. This session will include a discussion of the latest case law, trends, and perceived “barriers”.

Speakers to include: Moderator: Hal Marcus, Director of Product Marketing, OpenText Discovery; Panelists: Ethan Ackerman, Associate, Morgan Lewis, Kiriaki Tourikis, Vice President, Associate General Counsel, JPMorgan Chase, Dawson Horn, Vice President, Associate General Counsel, AIG Corp, Alexis Mitchell, Principal Data Scientist, OpenText Discovery.

Information Governance – Hindsight is 20/20: A Moderated Debate

It’s an InfoGov showdown! Panelists will debate the merits of taking a reactive approach (“we did the best we could give the situation”) versus applying a proactive model (“you could have been better prepared if you had done this”) in a global discovery matter. This session will provide you with a playbook on how to implement a global Information Governance program, balancing against the practical constraints preventing organizations from making infogov a priority – from people that have lived through both reactive and proactive approaches to discovery.

Speakers to include: Moderator: Tom Barce, Director of Consulting Services, Kroll Ontrack; Panelists: Patrick J. Burke, Senior Counsel, Seyfarth Shaw, Ben Hubble, Manager – Records Management, Wendy’s, Jessica Escalera, Global Head of Legal Discovery Operations, Barclays.

In addition to these, there are other eDiscovery-related sessions today.  For a complete description for all sessions today (and for the entire show, since they’re all on one page), click here.

So, what do you think?  Are you planning to attend LTNY this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

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

Today is the start of LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – and, for the seventh(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.  If you’re in the New York area, I encourage you to check out the show – there are a number of sessions (both paid and free) available and at least 182 exhibitors providing information on their products and services.

While at the show, we will (as always) be interviewing several industry thought leaders to see what they think are the significant trends for 2017 and, which of those are evident at LTNY.  After the show, we will announce the series of thought leader interviews and identify when each will be published.  Mark your calendars!

American Lawyer Media (ALM) has redesigned their site so that all three days are on a single page, so you can’t really perform a “find” anymore to get the number of hits for “discovery” or “information governance” for the day.  Nonetheless, based on Monday’s post, there is still plenty to talk about!  Sessions in the main conference tracks include:

12:45 – 1:45 PM:

EDRM & NOT eDiscovery?

For more than a decade, the EDRM framework has served as guidance during the legal discovery process. Today, these principles are being applied in different scenarios and contexts to assist industries with challenges such as data migration, company mergers and acquisitions, divestitures, and more. Join us for an interactive discussion with a global panel of legal, technical, and corporate operational professionals to discuss these unique applications of the EDRM.

Speakers to include: Moderator: Darren Pauling, Managing Director, Forensic Technology, KPMG; Panelists: Seth Eichenholtz, Head of Electronic Discovery, Mastercard, Jeff Sharer, Partner and Co-Chair – Data Law Practice, Akerman LLP, Julie Heller, Global Head of eDiscovery Programs, AIG.

Shielding the Organization from Data Risk & E-Discovery Failures

Data risk can strike an organization from many angles – from external attacks to internal malfeasance to third party negligence – and have real consequences for the e-discovery process.  How do security risks such as data leakage, shadow IT and third party negligence lead to e-discovery failures? And how can organizations eliminate preventable e-discovery mistakes such as failure to preserve, failure to protect and the inadvertent release of privileged information?  Attend this panel to discuss who bears responsibility and how to prevent failures while instituting best practices in light of the latest case law and new federal rules.

Speakers to include: Moderator: Jason Ray, Managing Director, FTI Technology; Panelists: Ignatius Grande, Senior Discovery Attorney, Hughes Hubbard, Jordan Razza, Senior Counsel and Director of U.S. Litigation, Diageo, Matthew Fisher, Global Head of Records and Information Management, Diageo.

2:15 – 3:15 PM:

eDiscovery, the Cloud & Beyond

Join us for a collaborative conversation about strategies, technologies, and workflows surrounding eDiscovery and the Cloud. Our panel of professionals will discuss pre-migration considerations, implications for preservation and collection, the potential to perform “in place” culling, and opportunities for Information Governance and Litigation Readiness. Being able to adapt strategies to the cloud will provide a roadmap for the future while driving down the cost of eDiscovery.

Speakers to include: Moderator: Brett Trizzino, KPMG; Panelists: Thane Vallette, Associate General Counsel, HP, Bonnie Kennedy, eDiscovery Manager, Delta, Jeff Nass, Senior Counsel – eDiscovery, Boehringer Ingelheim.

Corporate Data Assessments: The New Game Changer?

Where do you begin in implementing a data governance and security plan? How to secure executive buy-in? How can you incorporate shifting regulatory frameworks to ensure compliance? What if you plan to move to Microsoft Office 365? How does this impact your broader data management strategy? These are just some of the questions that can stymie and stall corporate data governance initiatives. Increasingly, corporations are shifting to a data assessment model, which can help proactively 1) identify threats, 2) map an organization’s data universe and 3) help identify an action plan that is presentable to the c-suite. Attend this session to learn more about what these data assessments should incorporate, who should be involved, and how you can customize the data assessment to your own organizational needs.

Speakers to include: Moderator: Jake Frazier, Senior Managing Director, FTI Technology; Panelist: Judy S. Lao, Chief Legal Officer, Blackstone Group, Ben Robbins, E-Discovery and Information Governance, LinkedIn, Jenya Moshkovich, Partner, Barnes & Thornburg, Jason C. Stearns, Director, BlackRock.

3:45 – 4:45 PM:

The Future of Analytical Strategies

It’s no secret that company data volumes and the costs to manage them continue to grow at exponential rates. The application of advanced analytical technologies and methodologies are helping company legal departments by providing critical insight into data in effective, timely, and affordable ways. During this discussion, industry professionals will share their strategies and experiences using emerging tools, technologies, and workflows in various combinations to quickly and effectively understand populations of both structured and unstructured data as well as the impact of these approaches on legal departments.

Speakers to include: Moderator: Tom Keegan, KPMG; Panelists: Michelle Six, eDiscovery Counsel, Kirkland & Ellis, Brett Tarr, Counsel-Litigation & E-Discovery, Caesar’s Entertainment, Erick Drobinski, eDiscovery Counsel, Gilead Sciences.

Advice from Counsel: Data and Risk-Intensive Investigations

From corporate fraud and IP theft to regulatory investigations, legal teams are hard-pressed to quickly find, understand and act upon data in investigations. What are some of the strategies that top legal teams use to proactively prepare for data-intensive investigations? Which analytics tools are best suited for uncovering different pieces of information? How can you balance investigative needs with adherence to various data privacy and State Secrets laws? This panel represents the 5th consecutive year FTI will present the results of our annual Advice from Counsel corporate law survey at LTNY. Showcasing case studies and best practices from leading legal teams, this session is one not to miss!

Speakers to include: Moderator: Sophie Ross, Senior Managing Director, FTI Technology; Panelists: Marla Crawford, Vice President, Associate General Counsel, Goldman Sachs, Jessica Ross, Counsel, Deutsche Bank, Kelly Clay, Senior Counsel, GSK, Ari Kaplan, Principal, Ari Kaplan Advisors.

In addition to these, there are other eDiscovery-related sessions today.  For a complete description for all sessions today (and for the entire show, since they’re all on one page), click here.

So, what do you think?  Are you planning to attend LTNY this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

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.

What is “Legalweek, The Experience”, you say?  LegalWeek is LegalTech New York, along with six other “events-within-an-event” that will be going on next week in New York at the New York Hilton Midtown, starting next Tuesday, January 31 and concluding on Thursday, February 2.  Let’s take a look at some of the sessions and events worth particular note for eDiscovery professionals.

Several Tracks Dedicated to eDiscovery: There is at least one educational track each day devoted to eDiscovery, with Forward Thinking in eDiscovery on Tuesday, The Challenges of Cross-Border eDiscovery and Ediscovery Everywhere on Wednesday and E-Discovery’s New Frontiers on Thursday.  So, there are plenty of eDiscovery related sessions during the conference (and at least three different ways to spell eDiscovery apparently).  There are also at least a couple of tracks related to Information Governance (IG) and Cybersecurity (Data Security and Governance on Tuesday and 2017: Information Governance Challenges and Solutions on Thursday).  So, there are plenty of interesting sessions to check out.

Tuesday Highlights: At 12:45pm, the session EDRM & NOT eDiscovery? looks intriguing – the panelists apparently apply the EDRM framework to non-discovery related challenges such as data migration and company mergers, acquisitions and divestitures.  Another interesting session is at 2:15pm (eDiscovery, the Cloud & Beyond) which looks to discuss IG and litigation readiness for data in the cloud.

I would be remiss if I didn’t also mention that CloudNine and ACEDS is hosting Drinks with Doug (that’s me!) and Mary (as in Mary Mack, Executive Director of ACEDS!) at Ruth’s Chris Steak House at 148 West 51st Street on Tuesday from 4:00pm to 6:00pm.  It’s a “PowerPoint free” event to hang out with other conference attendees over a drink.  Space is filling up, but you can still RSVP here if you’ll be at the show and want to attend.  Come join us!

Wednesday Highlights: At 9:00am, the session The Effects of the December 2015 Amendments to the Federal Rules of Civil Procedure from 3 Perspectives (Judges, Defense & Plaintiff), with panelists like Judges Peck, Rodriguez and Laporte, as well as some notable law firm panelists seems like a can’t miss opportunity to get insight as to how the 2015 Rules changes have impacted discovery.  With recent developments in international discovery privacy laws, The Data Privacy Landscape: Emerging Laws Affecting Cross-Border Discovery at 10:30am should be a good look at a quickly changing landscape.

Thursday Highlights: For those who think eDiscovery is only about litigation, consider attending the 10:30am session E-Discovery for Investigations and Criminal Matters to learn more about its expanding role in new areas of law and corporate governance.  And, it’s always interesting to see thought leaders predict the future, which is what will happen at The Future of e-Discovery Law, Business, and Practice at 2:00pm.

Exhibit Hall: Of course, the largest legal technology conference of the year wouldn’t be complete without an extensive list of exhibitors.  This year, according to my count, there are 182 exhibitors (which is actually a few more than last year, reversing a slide in the number of exhibitors since 2013).  One thing which will be interesting this year: for the first time “Exhibits-Plus” passes are not free like they have been in previous years – it now costs $45 to get into the State of the Industry Address, Keynotes, Emerging Technology and Super Sessions and, of course, the Exhibit Hall (still a lot for the money).  Nonetheless, it will be interesting to see how the first-time cost will affect attendance at the show and the Exhibit Hall.

As always, we will cover the show here at eDiscovery Daily, including a list of eDiscovery and IG related sessions each day.  Check here for the sessions you may want to check out at the conference!

So, what do you think?  Are you attending LegalTech, er, LegalWeek next week?  Please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

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.

We usually preface any mention of our parent company CloudNine with a “shameless plug warning” note.  So, consider yourself warned.  However, our latest announcement – an exciting new partnership – bears mention here in this blog.  Oh, and there’s a webinar you should check out too.  :o)

Today, CloudNine is announcing a partnership with Heureka Software, a preeminent provider of technology that gathers and analyzes unstructured data. Our partnership will provide legal, business, and information technology professionals an integrated solution that combines data discovery and legal discovery to harvest data insight to provide actionable legal intelligence.

Remember last week when we discussed a framework for discovery automation that includes data discovery and legal discovery?  Our partnership with Heureka embraces that framework.

Our partnership provides users with Simplified Discovery Automation that gives information, business, and legal professionals an integrated solution that automates eight core tasks that help organizations translate data discovery into insight, and insight into legal intelligence.  Combined, the Heureka Intelligence Platform and the CloudNine eDiscovery Platform provide customers with a complete capability to discover data from the point of creation to defensible disposition.

Here is a link to our press release with more information.

Also, Heureka Founder & Chairman of the Board Ron Copfer and I will be presenting an ACEDS webinar titled Simplified eDiscovery Automation: From Evolution to Revolution next Thursday, November 3rd at 1pm ET.

Our webinar presentation will provide an overview of the evolution of electronic discovery technologies and share ways that you can consider and compare technology offerings from the large ecosystem of providers supporting litigation, investigations, and audits. It will also include an overview of the attributes of fourth generation eDiscovery automation technology as well as a short demonstration of two of those offerings: the Heureka and CloudNine platforms (and we’ll show you how to get a free trial during the presentation!).

Hope to see you there! (Recorded Version Available for On Demand Review)

So, what do you think?  Do you think of discovery as just related to litigation?  Please share any comments you might have or if you’d like to know more about a particular topic.

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.

Automation has been a recurring theme this year on this blog. At the beginning of the year, I declared that the age of eDiscovery automation is upon us. I’ve also spoken about discovery automation on numerous occasions, including here, here, here, here and here (just two days ago!). Now, a recent post on the Complex Discovery blog takes an interesting look at a framework for discovery automation.

The post A Concise Framework for Discovery Automation notes that “[o]ne of the biggest challenges facing information, business, and legal professionals is the ability to cohesively consider the elements of data discovery and legal discovery within a technology framework that is comprehensive enough to address critical discovery tasks throughout information and legal lifecycles yet concise enough to be realistically approached from an automation perspective.” It illustrates how daunting the challenge can be by looking at the results of the Information Governance Initiative’s Annual Survey for 2015-16 to see how many types of discovery dependent products are considered as part of the information governance technology ecosystem – 22 technologies in all, from records and information management to compliance to data science.

One of the most interesting things about the post is the differentiation between Legal Discovery (a.k.a. Electronic Discovery, which is defined as “the process of identifying, preserving, collecting, processing, searching, reviewing and producing electronically stored information that may be relevant to a civil, criminal, or regulatory matter”) and Data Discovery (which is defined as “the exploration of patterns and trends within unstructured data with the objective of uncovering insight and driving action”). As the diagram above illustrates, there are (not just one, but) two types of discovery, each with its own set of processes and tasks.

I’ve been increasingly interested in efforts to manage information prior to commencement of the legal process and the term “Data Discovery” seems very appropriate to reference those activities.

Another interesting thought about the framework is the idea of a fifth generation of eDiscovery offerings. Just when you got used to four generations, there’s a fifth! As Rob notes, the “characteristics of a fifth generation eDiscovery offering would be the adaptation of current data discovery offerings for use with offerings that were designed for eDiscovery, designed for eDiscovery task integration, and designed for eDiscovery task automation”.

Great article, and it saves me having to do a lot of writing on a travel day back from DC and The Masters Conference (with a bad cold, to boot). Thanks, Rob!

So, what do you think? Do you think of discovery as just related to litigation? As always, please share any comments you might have or if you’d like to know more about a particular topic.

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.

When it comes to effective records management of your organization’s data, many people think that the data has to be moved to a centralized location, such as a server or other file share, to be managed effectively.  But, you can also effectively manage that data where it resides with an In-Place Records Management solution.

As discussed by Julie Lintner in RecordLion ( What is In-Place Records Management? ), In-Place Records Management is when the Records Management Solution does not physically move the content to manage it; the content remains it its original location, but the solution is managing the retention policies and overall File Plan for the content.

As Julie notes, many solutions are not architected to use in-place records management, utilizing instead the concept of moving the content so it can be managed.  Unless there is a valid use case for moving records (e.g., transfer them to a specific area for later disposition), moving them could have security and workflow implications.

Julie notes there are many advantages of In-Place Records Management and lists five specific reasons to consider it for your organization, as follows:

1. Your users can still find their documents in the same place. The users will still search and view the documents the same way; they don’t have to go to a different location or use a different interface to find the documents.
2. Security does not have to be replicated. The security that you created for your documents is still applicable since the documents will not be moved.  The originating business system is still responsible for the document and controlling the security.  You don’t want to have to re-create a security plan inside your Records Management solution.  It should be noted that the Records Management solution should absolutely have the ability to lock down a record (e.g. make it immutable), but it should be able to do that without moving the record.
3. Centralized policies. This may not be a standard feature for all solutions with In-Place Records Management, but it should be.  Your policies should be managed in a central location by a single web interface.  This is especially relevant if you have disparate systems.  Your Records Managers should have a single File Plan to manage, and that File Plan should be managed from a single interface.
4. Your workflow does not have to change. Since the content hasn’t moved, your workflow processes do not have to be updated to incorporate a new location for the documents.  Updating workflows can become an arduous task if you have extensive workflows.  If your documents are being moved, you also need to consider if your existing workflow solution can interface with the new repository.
5. One solution for all disparate systems. Many large organizations have a variety of repositories in which their data is stored.  If you are forced to move your content to a centralized repository, this can be an overwhelming task and may take many years to complete in a large organization.  In contrast, if your data can remain in-place, then the Records Management Solution can be implemented faster because it doesn’t have to move the data and it will just need to know the location of the data.

Just because the data may be dispersed in various places doesn’t mean it would necessarily make it more difficult to perform data discovery when you may need to collect that data for litigation, audits or other types of investigations.  Technology exists that can support that data discovery on the in-place data.

So, what do you think?  Does your organization utilize an In-Place Records Management solution?  Please share any comments you might have or if you’d like to know more about a particular topic.

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.