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Information Governance

Tuesday’s ILTACON Sessions: eDiscovery Trends

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show if you’re in the Las Vegas area with a number of sessions available and over 190(!) exhibitors providing information on their products and services.

Perform a “find” on today’s ILTACON conference schedule for “discovery”, “litigation support” or “information governance” and you’ll get at least 4 sessions with hits (including this one where I’ll be presenting, for a whopping six minutes).  So, there is plenty to talk about!  Sessions in the main conference tracks include:

11:00 AM – 12:00 PM:

Successfully Selling an Information Governance Program

Description: What is the secret to selling the idea of implementing an information governance program at your organization? A panel of experts will discuss the business drivers relevant to getting people on board, including key indicators of success.

Speakers are: Beth Chiaiese, CRM – Foley & Lardner LLP; Rudy Moliere – Morgan, Lewis & Bockius, L.L.P.; Sharon Keck – Polsinelli PC.

To Share Or Not To Share: The Debate Over Disclosure of E-Discovery Protocols

Description: What do you have to tell opposing counsel about your search, culling and review strategies? What if they object? What do courts say about these issues? Litigation support professionals will hear a thought-provoking discussion between Judge Andrew Peck and a panel of lawyers with differing views about the delicate balance between cooperation and advocacy.

Speakers are: Patrick L. Oot – Shook, Hardy & Bacon L.L.P.; Julie M Richer – American Electric Power Legal Department; Honorable Andrew J Peck; Mr Philip Favro – Recommind, Inc.; Alex Ponce de Leon – Google Inc. Legal Department.

1:30 PM – 2:30 PM:

20 E-Discovery Warnings in 60 Minutes

Description: We’ve all been there: Things don’t go as expected, and you end up getting burned. Join your peers in this interactive session where audience members will provide examples of things that went awry and, more importantly, how the issue was resolved. Attendees will walk away with some great tips to avoid future fire drills!

Speakers are: Michael Boggs – Holland & Hart; George J. Socha – Socha Consulting.

3:30 PM – 4:30 PM:

Building Strategic Litigation Support Relationships

Description: Trying to accomplish things on your own could take more resources than you have, and you might not generate the best results. The best strategic relationships don’t just happen, but what does it take to develop and maintain the optimal strategic relationship? Panelists will share techniques they have used to nurture and maintain their strategic relationships and how the investments have paid off. Gain insight on building and maintaining strategic relationships in your litigation support organization.

Speakers are: Greg Anderson – Lateral Data, A Xerox Company; Doug Matthews – Vorys, Sater, Seymour and Pease LLP; Donna Epes – Qdiscovery; Joe Turner – Lateral Data, A Xerox Company; Geoff Wilcox – UnitedLex.

For a complete summary listing of all sessions at the conference, click here.

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

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.

Welcome to ILTACON 2015!: eDiscovery Trends

The International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions.  eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

If you’re in the Las Vegas area, come check out the show – there are a number of sessions available and over 190(!) exhibitors providing information on their products and services.  Perform a “find” on today’s ILTACON conference schedule for “discovery”, “litigation support” or “information governance” and you’ll get at least 6 sessions with hits.  So, there is plenty to talk about!  Sessions in the main conference tracks include:

11:00 AM – 12:00 PM:

Creating the Firm of the Future: Utilizing IG Assessments To Drive Improvements

Description: In a world of ever-rising concerns of privacy, security and protecting intellectual property, clients are now more information savvy, and are insisting that their law firm representation is maintaining high standards when it comes to internal information governance (IG) strategies and practices.

Therefore, the firms of the future will need to able to offer clients proof of where they stand on the maturity of these practices to secure client trust and confidence.

Is your firm ready to answer the call for transparency?

In this session, you will learn how an IG assessment can play a critical role in taking your firm to the Next Level in preparing to meet your clients’ increasing demands and expectations for governing their information.  You’ll understand what it takes to deploy a firm-wide assessment,  and hear about real-world experiences with implementation and leveraging outcomes.

Speaker is: David Vickers – ARMA International

Embracing Managed Services for Litigation Support

Description: Is your firm contemplating a move to a managed services model? Are you wondering what the journey entails? A panel of leaders who have embraced the switch to managed services for litigation support will tell their tales of what led them there, associated costs, staffing, the type and volume of work and, most important, how it is working out.

Speakers are: Wale Elegbe – Sullivan & Cromwell LLP; R.P. Smith – Jones Walker LLP; Chris Haley – Troutman Sanders LLP; Kim C. Edwards – Patterson Belknap Webb & Tyler LLP.

1:00 PM – 2:00 PM:

Building Information Governance Like “Ocean’s Eleven”

Description: In the 2001 movie “Ocean’s Eleven,” George Clooney assembles the perfect team to pull off a spectacular Vegas robbery. In managing IT governance, risk and compliance (GRC), your firm also needs to assemble the perfect team. How do you find and manage the key players in GRC, and how do you properly divide the varied responsibilities that must be shouldered? Together we can figure out how to build a team that prepares us for the heist (GRC program) of a lifetime.

Speakers are: Nancy Beauchemin – InOutsource; Beth A. H. Faircloth – Seyfarth Shaw LLP; Tim Schank – Vedder Price P.C.; Stuart Senator – Munger, Tolles & Olson LLP.

Litigation Support Roundtable

Description: We all hate the fire drills and would like to prepare for challenges before they arrive. What major challenges in litigation support will we face next? During this moderated roundtable discussion of hot topics in litigation support, we will address concerns on the minds of your peers and identify issues to consider for the future. Topics will be selected by session attendees and could include staffing, product selection, technological advances, recent case decisions, outsourcing, etc.

Speakers are: Joanne Lane – Merck & Co., Inc.; Stephen Dooley – Sullivan & Cromwell LLP.

2:30 PM – 3:30 PM:

Information Governance Consulting: Law Firm Opportunity or Mistake?

Description: Driven by information security requirements, e-discovery costs and government regulations, clients are turning to law firms for strategic approaches to managing their information. Law firms have an opportunity to assist and further direct and grow information governance initiatives within client organizations, but what are the risks of this type of work? What do clients expect? What can law firms provide that technology solutions do not, and what benefits come from this type of client relationship? Opportunity or mistake? You make the call!

Speakers are: Brynmor Bowen – Schulte Roth & Zabel; Ms Samantha J Lofton – Ice Miller LLP.

4:00 PM – 5:00 PM:

Is Big Data in Legal a Figment of Our Imaginations?

Description: The big data phenomena simply does not apply to the legal market. After all, our firms’ data sets and data complexities are much too small to warrant industrial-strength big data technologies and techniques, right? This panel of law firm technology, privacy and governance experts strongly disagrees! We will share firsthand examples of big data at work in our law firms and show how to apply “big data thinking” to utilize technologies and techniques in a new, more productive, efficient and analytical way. Get ready for real-time role playing aimed to arm you with the information you need to address your managing partner’s big data questions (and doubts) and build a solid big data business case even the biggest curmudgeon can’t deny. Along the way, our experts will touch on hot themes including technology (analytics, algorithms, etc.) and governance (including privacy and security). We’ll also share enough legal big data (BD) case studies to make BD-lievers out of everyone!

Speakers are: Jobst Elster – InsideLegal.Com; Brynmor Bowen – Schulte Roth & Zabel; Eric Hunter – Bradford & Barthel, LLP; Galina Datskovsky – Vaporstream; Judy Selby – Baker & Hostetler LLP; Paul Starrett – Starrett Consulting and Investigative Services.

For a complete summary listing of all sessions at the conference, click here.

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

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

Tuesday LTWC 2015 Sessions: eDiscovery Trends

As noted yesterday, LegalTech West Coast 2015 (LTWC) is happening this week – nearly a month later than usual and in a new locale (San Francisco!) – and eDiscovery Daily is reporting about the latest eDiscovery trends being discussed at the show.  If you’re in the San Francisco area, today is the last day to come check out the show – there are a number of sessions (both paid and free) available and at least 58 exhibitors providing information on their products and services.

Perform a “find” on today’s LTNY conference schedule for “discovery” or “information governance” and you’ll get 64 hits.  Sessions in the main conference tracks include:

10:30 AM – 11:30 AM:

“Preserve or Perish” vs. “Destroy or Drown”: Managing Electronically Stored Information (ESI)

  • ”Less is more” both day-to-day and in eDiscovery, in that the many risks of over-saving trump potential concerns about under-saving.
  • Cleaning one’s ESI “garage” in a routinized way hinges on a combination of people, process and platforms.
  • Learning what an organization has and where is one step toward a solid IG regime as well as synergy between different internal constituencies.

Speakers are: Lael Andara, Partner, Ropers, Majeski, Kohn & Bentley; Vicki Lee Clewes, Vice President, Global Records & Information Management, McKesson; John Isaza, Esq., FAI, Partner, Rimon, PC; James Schellhase, Business Leader, Information Lifecycle Governance, IBM, Founder and President, StoredIQ, an IBM Company.  Discussion Leader: Robert D. Brownstone, Technology & eDiscovery Counsel and Chair, Electronic Information Management (EIM) Group, Fenwick & West LLP.

Everyday E-Discovery: Bringing It In-House or Outsourcing It

It is not easy deciding whether to bring everyday eDiscovery in-house, outsource it, or change nothing. With every organization starting from a different point and with many possible outcomes, this decision-making process can seem overwhelmingly complicated.  Join our panelists as they discuss:

  • How to determine where your everyday eDiscovery stands today: Who does it, what they do, and how they do it;
  • How to define where you want to be at the end of the process: what people, what processes, what technology;
  • How to gather the information needed to make an informed decision; and
  • How to arrive at an actionable decision on whether to bring everyday eDiscovery in-house or to outsource it.

Speakers to include are: David R. Cohen, Partner and Practice Group Leader, Global Records & E-Discovery Group, Reed Smith; Amy DeCesare, Assistant Vice President, Litigation Management, Allied World; David Popham, eDiscovery and Litigation Management Specialist, LexisNexis.  Discussion Leader: George Socha, President, Socha Consulting.

E-Discovery Challenges in Government Investigations and Regulatory Actions

Stakes are high when organizations face government investigations or enforcement activity. And when dealing with the government, unique e-discovery challenges arise. Many government legal professionals lack deep e-discovery expertise, and have limited technical support available. Yet e-discovery technology plays a role in virtually every matter. Other issues that complicate discovery in government matters include:

  • The “cooperative” posture often associated with governmental investigations when no judge is available to resolve discovery disputes;
  • The increased transparency requested by the government;
  • The broad breadth and compressed timelines associated with many government requests; and
  • The government’s increasing tendency to request specific discovery protocols, including technology assisted review.

In this program, the panelists will explore how organizations can overcome these challenges and more effectively handle discovery in government matters. They will discuss how to identify the scope of the government’s request and appropriately tailor a discovery solution that is reasonable, cost efficient, and defensive—and if necessary, educate the agency about e-discovery along the way. The program will also explain the obligations to preserve information, and the ramifications—including criminal liability—for spoliation of evidence. Finally, the panelists will discuss using predictive coding and other advanced analytics in government discovery.

Speakers to include are: Scott Coonan, Senior Director of IP, Litigation & Strategy, Juniper Networks; Mira Edelman, Senior Discovery Counsel, Google; Dawson Horn, III, Esq., Associate General Counsel, Vice President & Deputy Director of eDiscovery, AIG; Sylvie Stulic, Manager of Legal Operations and Litigation, Electronic Arts, Inc.  Discussion Leader: Amy Hinzmann, Senior Vice President, Managed Review, DiscoverReady.

1:30 PM – 2:30 PM:

New World Cyber Threats: Having a Good IG Foundation Can Help Guard Against Internal and External Threats

  • High profile data breaches, such as at Anthem and Target, emphasize the need for all companies – not just retailers – to fine-tune proactive policies and practices for managing sensitive electronically stored information.
  • Mapping and categorizing data sets help identify the more sensitive types of information warranting stronger protection measures
  • A sound infosec compliance regime should include: role-based –access control (RBAC); encryption of data at rest and in transit; a robust password regime; employee training as to phishing schemes and other threats; and an incident-response plan.

Speakers to include: Cary Calderone, Esq, Founder, SandHill Law, Faculty, University of Phoenix; Sylvia Johnson, Senior Counsel, Wells Fargo; Tyler Newby, Partner, Litigation Group, Fenwick & West LLP; James Schellhase, Business Leader, Information Lifecycle Governance, IBM, Founder and President, StoredIQ, an IBM Company.  Discussion Leader: Robert D. Brownstone, Technology & eDiscovery Counsel and Chair, Electronic Information Management (EIM) Group, Fenwick & West LLP.

Practical Pointers for Bringing Everyday E-Discovery Into Your Organization

You’ve decided to bring your everyday eDiscovery in-house.  Now comes the hard part: execution.  Our panelists will frame the issues, of course, but they also will deliver a plethora of practical pointers on how to bring everyday eDiscovery in-house in ways that are affordable and achievable:

  • How to develop and implement processes that are well-defined, can be repeated and become routine, and can best tested for quality control and quality assurance;
  • How to find, develop and support the people who will run and manage the processes; and
  • How to choose and implement appropriate technologies those people can use to run those processes.

Speakers to include are: Meghan Brosnahan, Director of eDiscovery Services, Sutter Health; Alon Israely. Esq., CISSP, Strategic Partnerships, BIA; David Popham, eDiscovery and Litigation Management specialist, LexisNexis.  Discussion Leader: George Socha, President, Socha Consulting.

Leveraging Technology and Analytics to Control the Information Deluge

As the volumes of information generated and stored by organizations grow, corporate counsel battle ever-increasing amounts of documents flowing into discovery. Counsel must find ways to effectively understand and use that information in the litigation, and they must also bring volumes down to reduce costs. This program will address how corporate practitioners can creatively use available technology and analytics tools—both in-house and with trusted technology partners—to control the document deluge.  Specific topics will include:

  • Using technology to preserve and collect narrowly and strategically;
  • Creative, new ways to cull down document collections;
  • Minimizing the number of documents subject to human review;
  • Deploying statistical sampling and analysis to boost defensibility; and
  • Harnessing information learned in discovery through effective knowledge management.

Speakers to include are: Pallab Chakraborty, Director of eDiscovery, Oracle; Kelly Lack, Litigation Attorney, Pacific Gas and Electric Company (PG&E); Alex Ponce De Leon, Corporate Counsel, Discovery, Google; James A. Sherer, Counsel and Co-Chair, Information Governance Practice Team, BakerHostetler.  Discussion Leader: Patrick Oot, Partner, Shook, Hardy & Bacon LLP.

3:00 PM – 4:00 PM:

IG 2020: Impact of Emerging Technologies on Proactive IG and Reactive eDiscovery –  Wearables,  IoT and Social Media  . . . Oh My!

  • Who is in “possession, custody or control” of data on BYOD/WYOD devices, in the “accidental”/shadow cloud and in social-networking sites?
  • Which policies and practices can help organizations adjust to the rapid pace of technological change?
  • What are the best ways to manage and collect data stored in these challenging environments?

Speakers to include: Laura D. Berger, Attorney, Div. of Privacy and Identity Protection, Federal Trade Commission; Patrick Heim, Head of Trust and Security, Dropbox; Heidi Maher, Executive Director, Compliance, Governance & Oversight Council (CGOC); Adam Sand, General Counsel, Shopkick.  Discussion Leader: Robert D. Brownstone, Technology & eDiscovery Counsel and Chair, Electronic Information Management (EIM) Group, Fenwick & West LLP.

Outsourcing Everyday E-Discovery: Managed Services Providers Versus  Outside Counsel

You’ve decided you want to outsource at least a portion of your everyday eDiscovery to someone else, but now you need to figure out who that will be and make sure it all works well for a price you can afford.  Our panelists will enlighten you, discussing the key outsourcing options and exploring their pros and cons:

  • How you decide to whom your everyday eDiscovery work should go;
  • What factors to consider with establishing contractual relationships with outsourcers;
  • Ways to manage the outsourcing relationships and work; and
  • Practicing good information governance in an outsourcing structure.

Speakers to include are: Shimmy Messing, Chief Technology Officer, Advanced Discovery, Patrick Oot, Partner, Shook, Hardy & Bacon LLP, David Yerich, Director, eDiscovery, UnitedHealth Group.  Discussion Leader: George Socha, President, Socha Consulting.

Beyond the Corporate Walls: Managing Data Security and Privacy in Discovery

Data privacy and security score the top spot on many lists of corporate counsel concerns. It’s difficult enough for organizations to secure sensitive information within their own four walls—when information must leave the organization for litigation discovery, the challenge increases. In this CLE program, in-house counsel and e-discovery professionals will discuss how they meet this challenge and protect the company’s valuable assets. The panelists will address:

  • Data security expectations for their e-discovery providers and law firms;
  • Measures to protect information turned over to opposing parties and the court;
  • When and how to insist that certain information may not even leave the organization, and must be kept behind the corporate firewall; and
  • Effective ways to screen for uber-sensitive information like trade secrets, source code, unreleased products, and personally identifying information.

Speakers to include are: Scott Carlson, Partner and Chair, eDiscovery and Information Governance Group, Seyfarth Shaw; John Davis, Executive Director and Counsel Global eDiscovery, UBS; Amie Taal, Vice President of Digital Forensics/Investigations, Deutsche Bank; Patrick E. Zeller, Director and Senior Counsel for eDiscovery and Privacy, Gilead Sciences.  Discussion Leader: Maureen O’Neill, Senior Vice President, Discovery Strategy, DiscoverReady.

In addition to these, there are other sessions today that might be of interest.  For a complete description for all sessions today, click here.

So, what do you think?  Did you attend LTWC 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.

Welcome to LegalTech West Coast 2015!: eDiscovery Trends

Today is the start of LegalTech® West Coast 2015 (LTWC) – nearly a month later than usual and in a new locale (San Francisco!) and eDiscovery Daily is reporting about the latest eDiscovery trends being discussed at the show.  Today and tomorrow, we will provide a description of some of the sessions related to eDiscovery to give you a sense of the topics being covered.  If you’re in the San Francisco area, come check out the show – there are a number of sessions (both paid and free) available and at least 58 exhibitors providing information on their products and services.

Perform a “find” on today’s LTNY conference schedule for “discovery” or “information governance” and you’ll get 23 hits.  Sessions in the main conference tracks include:

10:30 AM – 11:45 AM:

Laying the Foundation: An Information Governance Framework

Effective information governance involves multiple functions within an organization and requires a top-down, overarching structure that enables an organization to make decisions about information consistent with an organization’s mission, vision, and strategy. With such a structure, organizations can make proactive policy decisions about what information is important to the organization, how to keep and manage it, and how to defensibly dispose of it. This interactive panel discussion will offer practical steps to developing an information governance framework, including the strategic and tactical challenges that may arise during the process.

Speakers are: Jae Kim, Senior Vice President and General Counsel, Rambus Inc.; Jon M. Talotta, Partner, Hogan Lovells; Brett Tarr, Counsel, Litigation & E-Discovery, Caesars Entertainment.  Discussion Leader: Laurie Fischer, Managing Director, Huron Legal.

Analytics: The Revolution will be Visualized

Many generally understand the concept of analytics, but don’t know how to apply these technology advancements to the practice of law. Data mining technology, and the visual representation of mined data, offer a paradigm shift for how legal teams can uncover key facts. These technologies can quickly and effectively reveal the small subset of critical data in a universe of hundreds of millions of emails, effectively circumventing comprehensive review or greatly accelerating the review process.

Attendees will learn about common analytical and visualization technology and how to apply these tools to speed fact-finding and reduce e-discovery costs.

Speakers to include are: Amy DeCesare, Assistant Vice President, Litigation Management, Allied World; David Houlihan, Principal Analyst, Blue Hill Research; Caroline Sweeney, Global Director, E-Discovery & Client Technology, Dorsey.  Discussion Leader: Jason Ray, Managing Director, FTI Technology.

12:30 PM – 1:30 PM:

Taking TAR to the Next Level: Recent Research and the Promise of Continuous Active Learning

Three years ago, Judge Andrew J. Peck and Maura R. Grossman introduced Technology-Assisted Review (TAR) to a standing-room-only crowd at LegalTech. Since then, TAR—with its promise of substantial reductions in review costs—has entered the mainstream of high-volume discovery, both in the U.S. and abroad.

In 2015, the grand challenge is to make TAR even more accessible and effective, while addressing  the real-world limitations of first-generation TAR products. Our panel, featuring TAR pioneers Maura R. Grossman and Gordon V. Cormack, will talk about their groundbreaking research on TAR protocols, including methods such as Continuous Active Learning, (“CAL”), which have been shown to identify relevant documents more quickly while significantly reducing review costs.

Discussion topics include:

  • How does CAL work, and how does it differ from other TAR protocols?
  • Which seeds are more effective in TAR training, random or judgmental, and why?
  • Are subject-matter experts required for TAR training or can review teams do the job just as well?
  • What savings can you expect from Continuous Active Learning compared to traditional linear review?
  • What are the courts saying about TAR and CAL?

Join us for an informative hour on the future of TAR for 2015 and beyond. Be among the first to learn about the latest research comparing TAR protocols. Also, pick up a free copy of the new book, TAR for Smart People, How Technology Assisted Review Works and Why It Matters for Legal Professionals.

Speakers to include: John Tredennick, CEO and Founder, Catalyst Repository Systems, Inc.; Gordon V. Cormack, Professor, David R. Cheriton School of Computer Science, University of Waterloo; Maura R. Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz; Emi Ohira, Attorney-at-law (California), Patent attorney, Japan and President, DSA Legal Solutions, Professional Corporation.  Discussion Leader: Erin E. Harrison, Editor in Chief, Legaltech News.

2:00 PM – 3:15 PM:

Retention, Defensible Disposition, and How Analytics Can Help with Both

One of the challenges “big data” poses to an organization is the need to identify and retain the information of value that must be kept for legal or business needs and to defensibly dispose of that which is no longer required. Some organizations are using data analytics to help with these processes. The most promising use of analytics in information governance is its potential for automatic classification of data, which can aid in data clean-up, classification of existing information, and classification of information at its creation. This panel will discuss the principles of defensible disposition as well as the promise and difficulties involved in using analytics to aid in retention, disposition, and reducing downstream costs.

Speakers to include are: Keith M. Angle, Global Head of Records Management and Associate General Counsel, AIG; Pallab Chakraborty, Director of eDiscovery, Oracle; Keith Grochow, SR IT Technology Analyst – Records, Genentech.  Discussion Leader: Jon M. Talotta, Partner, Hogan Lovells.

The Seismic Effects of Mobile Device Data and BYOD Culture on E-Discovery

Data from mobile devices is either your current – or will be your next – biggest challenge. Whether you are collecting and reviewing for e-discovery or investigating for internal purposes, mobile device data remains tricky, hard to get and important. Complications range from increased encryption to legal and logistical issues with BYOD to keeping up with the newest operating systems and devices. With the mobilization of society and corporate culture showing no signs of abating, the effects of mobile data on legal disputes is becoming seismic. Join our experienced panel of legal practitioners and technical experts to learn strategies for dealing with the growing challenge of mobile device data in e-discovery. We’ll discuss:

  • Case law and regulatory drivers regarding mobile data
  • Planning and documenting mobile data policies
  • Coping with the logistical and privacy challenges of BYOD culture
  • Apps and the specific legal & technical challenges they present

Speakers to include are: Gareth Evans, Partner, Gibson, Dunn & Crutcher LLP; Veeral Gosalia, Senior Managing Director, FTI Technology; Anthony Knaapen, Manager Litigation Discovery, Chevron Corporation; Christopher Sitter, EnCE, eDiscovery & Digital Forensics Senior Manager, Juniper Networks.

3:45 PM – 5:00 PM:

Protecting Information Assets: Data Privacy and Security

Special attention needs to be paid to information if it contains personally identifiable information (PII), protected health information (PHI), or other sensitive data. There are legal requirements regarding the retention and disposition of much of this information, and there may be conflicting business needs to retain the information longer. At the same time, there are security concerns, especially for data housed in the cloud, concerns underscored by the abundance of recent breaches and cyber-attacks. This panel will discuss the development of a privacy policy and program as the first steps in developing preventive measures an organization can take to secure its most sensitive data. Additional topics will include data minimization and anonymization, data security programs, and breach response plans.

Speakers to include are: Andy Blair, Managing Associate, Dentons US LLP; Scott M. Giordano, Esq., Data Privacy Project Manager, Esterline Technologies Corporation; Jack Yang, Vice President, Visa Inc.  Discussion Leader: David Ray, Director, Huron Legal.

Disruption: Five Forces Shaping the Legal Landscape

From mobile and global work environments to alternative billing models to a perceived crisis in legal education, the legal industry is in the midst of a major transformation. Some changes are evolutionary, yet other developments may feel revolutionary for those unprepared for change. What are the five key trends that will disrupt the legal industry and impact how you do your job? What are the skills and mindset needed to adjust, innovate and thrive in this new legal landscape?

Attend this no-holds-barred, interactive discussion as leading legal minds and futurists outline the five key forces shaping the legal industry of tomorrow, and how you can remain ahead of the game.

Speakers to include are: David R. Cohen, Partner and Practice Group Leader, Global Records & E-Discovery Group, Reed Smith; Honorable John M. Facciola, United States Magistrate Judge, District of Columbia; Christopher Mooney, Corporate Counsel, Samsung Semiconductor, Inc.; Christopher Sitter, EnCE, eDiscovery & Digital Forensics Senior Manager, Juniper Networks.  Discussion Leader: Sophie Ross, Senior Managing Director, FTI Technology.

In addition to these, there are other sessions today that might be of interest.  For a complete description for all sessions today, click here.

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

DESI Got Your Input, and Here It Is: eDiscovery Trends

Back in January, we discussed the Discovery of Electronically Stored Information (DESI, not to be confused with Desi Arnaz, pictured above) workshop and its call for papers describing research or practice for the DESI VI workshop that was held last week at the University of San Diego as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015). Now, links to those papers are available on their web site.

The DESI VI workshop aims to bring together researchers and practitioners to explore innovation and the development of best practices for application of search, classification, language processing, data management, visualization, and related techniques to institutional and organizational records in eDiscovery, information governance, public records access, and other legal settings. Ideally, the aim of the DESI workshop series has been to foster a continuing dialogue leading to the adoption of further best practice guidelines or standards in using machine learning, most notably in the eDiscovery space. Organizing committee members include Jason R. Baron of Drinker Biddle & Reath LLP and Douglas W. Oard of the University of Maryland.

The workshop included keynote addresses by Bennett Borden and Jeremy Pickens, a session regarding Topics in Information Governance moderated by Jason R. Baron, presentations of some of the “refereed” papers and other moderated discussions. Sounds like a very informative day!

As for the papers themselves, here is a list from the site with links to each paper:

Refereed Papers

Position Papers

If you’re interested in discovery of ESI, Information Governance and artificial intelligence, these papers are for you! Kudos to all of the authors who submitted them. Over the next few weeks, we plan to dive deeper into at least a few of them.

So, what do you think? Did you attend DESI VI? 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 Collecting Emails, Make Sure You Have a Complete Outlook: eDiscovery Best Practices

I’m out of the office this week, taking the kiddos on a family vacation (can you guess where?). Instead of going dark for the week (which we almost never do), I decided to use the opportunity to give you a chance to catch up on cases we’ve covered so far this year with a couple of case law pop quizzes, sandwiched around a popular post from the past that you may have missed. Today’s post takes a look back at Outlook files and the different forms they take. How many do you know?

Most discovery requests include a request for emails of parties involved in the case. Email data is often the best resource for establishing a timeline of communications in the case and Microsoft® Outlook is the most common email program used in business today. Outlook emails can be stored in several different forms, so it’s important to be able to account for each file format when collecting emails that may be responsive to the discovery request.

There are several different file types that contain Outlook emails, including:

EDB (Exchange Database): The server files for Microsoft Exchange, which is the server environment which manages Outlook emails in an organization. In the EDB file, a user account is created for each person authorized at the company to use email (usually, but not always, employees). The EDB file stores all of the information related to email messages, calendar appointments, tasks, and contacts for all authorized email users at the company. EDB files are the server-side collection of Outlook emails for an organization that uses Exchange, so they are a primary source of responsive emails for those organizations. Not all organizations that use Outlook use Exchange, but larger organizations almost always do.

OST (Outlook Offline Storage Table): Outlook can be configured to keep a local copy of a user’s items on their computer in an Outlook data file that is named an offline Outlook Data File (OST). This allows the user to work offline when a connection to the Exchange computer may not be possible or wanted. The OST file is synchronized with the Exchange computer when a connection is available. If the synchronization is not current for a particular user, their OST file could contain emails that are not on the EDB server file, so OST files may also need to be searched for responsive emails.

PST (Outlook Personal Storage Table): A PST file is another Outlook data file that stores a user’s messages and other items on their computer. It’s the most common file format for home users or small organizations that don’t use Exchange, but instead use an ISP to connect to the Internet (typically through POP3 and IMAP). In addition, Exchange users may move or archive messages to a PST file (either manually or via auto-archiving) to move them out of the primary mailbox, typically to keep their mailbox size manageable. PST files often contain emails not found in either the EDB or OST files (especially when Exchange is not used), so it’s important to search them for responsive emails as well.

MSG (Outlook MSG File): MSG is a file extension for a mail message file format used by Microsoft Outlook and Exchange. Each MSG file is a self-contained unit for the message “family” (email and its attachments) and individual MSG files can be saved simply by dragging messages out of Outlook to a folder on the computer (which could then be stored on portable media, such as CDs or flash drives). As these individual emails may no longer be contained in the other Outlook file types, it’s important to determine where they are located and search them for responsiveness. MSG is also a common format for native production of individual responsive Outlook emails, though HTML is also used (as Outlook emails, by default, are already HTML formatted files).

Other Outlook file types that might contain responsive information are EML (Electronic Mail), which is the Outlook Express e-mail format and PAB (Personal Address Book), which, as the name implies, stores the user’s contact information.

Of course, Outlook emails are not just stored within EDB files on the server or these other file types on the local workstation or portable media; they can also be stored within an email archiving system or synchronized to phones and other portable devices. Regardless, it’s important to account for the different file types when collecting potentially responsive Outlook emails for discovery.

So, what do you think? Are you searching all of these file types for responsive Outlook emails? 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.

Here’s a New Job Title that May Catch On – Chief Data Scientist: eDiscovery Trends

With big data becoming bigger than ever, the ability for organizations to apply effective data analytics within information governance and electronic discovery disciplines has become more important than ever. With that in mind, one law firm has created a new role that might catch on with other firms and corporations – the role of Chief Data Scientist.

The article from Legaltech News (Drinker Biddle Names Borden Chief Data Scientist, by Chris DiMarco) notes that Drinker Biddle & Reath has named Bennett Borden the firm’s first chief data scientist (CDS). As the author notes, in this role, Borden will oversee the implementation of technologies and services that apply use of data analytics and other cutting edge tools to the practice of law and will be tasked with developing the firm’s data analytics strategy. The move positions Drinker Biddle as one of the first firms – possibly in the world – to carve out a leadership position overseeing data analytics, with the impetus for the new role coming from the firm’s longstanding views on the importance of governing information.

Borden, who is also co-founder of the Information Governance Initiative (IGI), was quoted in the article, stating, “Our perspective is that information governance is a coordinating discipline around all the different facets of the creation use and disposition of information. And so data analytics is one more part of a large IG framework.”

Borden’s selection as the firm’s chief data scientist comes on the heels of him receiving a Master of Science degree in business analytics from New York University.

“Because of where analytics is going, especially in the business arena, I was interested in getting additional training,” Borden said. “My entire career has focused on using advanced analytics on large volumes of information to find something of value. Much of my work has focused on using advanced data analytics across many of our practices, not only for discovery, but also for compliance and investigations.”

According to Borden, he is among the first to hold the title of CDS at a major firm. Will this start a trend? Maybe so. Congrats, Bennett!

So, what do you think? Do you think other firms and organizations will create a Chief Data Scientist position? Please share any comments you might have or if you’d like to know more about a particular topic.

Image © exploringdatascience.com

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.

For a Successful Outcome to Your Discovery Project, Work Backwards: eDiscovery Best Practices

Based on a recent experience with a client, it seemed appropriate to revisit this topic. Plus, it’s always fun to play with the EDRM model. Notice anything different? 🙂

While the Electronic Discovery Reference Model from EDRM has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery, it might be helpful to think about the EDRM model and work backwards, whether you’re the producing party or the receiving party.

Why work backwards?

You can’t have a successful outcome without envisioning the successful outcome that you want to achieve. The end of the discovery process includes the production and presentation stages, so it’s important to determine what you want to get out of those stages. Let’s look at them.

Presentation

Whether you’re a receiving party or a producing party, it’s important to think about what types of evidence you need to support your case when presenting at depositions and at trial – this is the type of information that needs to be included in your production requests at the beginning of the case as well as the type of information that you’ll need to preserve as a producing party.

Production

The format of the ESI produced is important to both sides in the case. For the receiving party, it’s important to get as much useful information included in the production as possible. This includes metadata and searchable text for the produced documents, typically with an index or load file to facilitate loading into a review application. The most useful form of production is native format files with all metadata preserved as used in the normal course of business.

For the producing party, it’s important to be efficient and minimize costs, so it’s important to agree to a production format that minimizes production costs. Converting files to an image based format (such as TIFF) adds costs, so producing in native format can be cost effective for the producing party as well. It’s also important to determine how to handle issues such as privilege logs and redaction of privileged or confidential information.

Addressing production format issues up front will maximize cost savings and enable each party to get what they want out of the production of ESI. If you don’t, you could be arguing in court like our case participants from yesterday’s post.

Processing-Review-Analysis

It also pays to make decisions early in the process that affect processing, review and analysis. How should exception files be handled? What do you do about files that are infected with malware? These are examples of issues that need to be decided up front to determine how processing will be handled.

As for review, the review tool being used may impact how quick and easy it is to get started, to load data and to use the tool, among other considerations. If it’s Friday at 5 and you have to review data over the weekend, is it easy to get started? As for analysis, surely you test search terms to determine their effectiveness before you agree on those terms with opposing counsel, right?

Preservation-Collection-Identification

Long before you have to conduct preservation and collection for a case, you need to establish procedures for implementing and monitoring litigation holds, as well as prepare a data map to identify where corporate information is stored for identification, preservation and collection purposes.

And, before a case even begins, you need an effective Information Governance program to minimize the amount of data that you might have to consider for responsiveness in the first place.

As you can see, at the beginning of a case (and even before), it’s important to think backwards within the EDRM model to ensure a successful discovery process. Decisions made at the beginning of the case affect the success of those latter stages, so working backwards can help ensure a successful outcome!

So, what do you think? What do you do at the beginning of a case to ensure success at the end?   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.

Here’s Some Useful Criteria for Evaluating Information Governance Vendors: eDiscovery Best Practices

Rob Robinson’s excellent Complex Discovery blog has been a terrific resource for eDiscovery information for several years now, covering everything from a “mashup” of eDiscovery market estimates to mergers, acquisitions and investments in the eDiscovery industry. His article from last week provides some useful information to organizations looking to select the right information governance vendor for their needs.

Rob’s article, 9 Subjective Considerations for Assessing Information Governance Vendors, considers more than just the hardware and software “nuts and bolts” to select the right information governance vendor. Rob notes that “just as there is much more to the utility of a knife than its edge (especially if you want to use it more than once), there are additional areas worthy of consideration in vendor selection if one is considering the long term strategic utility and viability of a vendor.” Rob uses the Free Dictionary’s definition of “viable” as “capable of success or continuing effectiveness”.

While he acknowledges that these nine criteria are not “all-inclusive”, Rob observes that they “may have an impact on {your} organization for many years to come”. Here are the criteria, along with questions that Rob asks for each (in italics):

  1. Technology = Demonstrated ability of product/service offering’s technical contribution to solving specific information governance challenges. Does the vendor’s technology appear to do what you need it to do? Can the technology be validated by some entity other than the vendor?
  2. Domain Knowledge = Demonstrated ability of an organization to utilize technology to solve specific information governance challenges. Does the vendor understand the domain you are operating in or do they just understand their technology?
  3. Awareness = An organization’s mindshare in the eyes of the client in relation to other organizations seeking to solve similar information governance challenges. Is the vendor known by information governance analysts, thought leaders, influencers, and information governance experts?
  4. Reputation = The confidence level customers have in the actual or perceived ability of an organization to solve information governance challenges viewed in relation to other organizations. Does the vendor have a reputation for being able to deliver on the expectations they set in a timely and accurate manner?
  5. Free Cash Flow = Net Income + Depreciation/Amortization – Changes In Working Capital – Capital Expenditure. Is the vendor able to meet financial commitments to support client needs and internal/external commitments?
  6. Clients = The number of active entities that have paid for information governance products/services in the current calendar year. Does the vendor have clients who have moved beyond the partner, master services agreement, and/or pilot phase of an engagement and are actually using the product/service in a production environment on a regular basis?
  7. Motive = The stimulus causing an organization to determine product/service strategies and tactics. Are vendor decisions made for the greater good of clients and vendor support staff or are they personality driven completely based on the personal objectives of the vendor ownership?
  8. Sincerity = Congruence or lack thereof between an organization’s stated market desires and actual leadership actions. Does the vendor do what they say they are going to do for both clients (external sincerity) and internal support staff (internal sincerity)?
  9. Employee Turnover = The rate at which an organization gains or loses staff. Is the vendor committed to its employees/contractors? Are vendor employees/contractors committed to the vendor?

Regardless how good an information governance vendor’s technology may be, if the vendor can’t demonstrate a knowledge of the industry and doesn’t have a proven track record for meeting client deadlines, an established client base or financial or organizational stability, they may not be the right choice for your organization for the long term.

Rob’s article has other key points and additional useful information, you can check it out here.

So, what do you think? Does your organization use one or more information governance vendors? If so, what criteria did you use to select them? 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.

Are You as “E-Savvy” as You Need to Be in Your “E-Disclosure” Process?: eDiscovery Best Practices

Craig Ball’s Ball in Your Court blog is always an excellent read, even when he writes it “across the pond” over in London. His latest post discusses how “fighting the last war” will eventually cost you when you come across an “e-savvy” opponent.

In Craig’s post, Girding for the E-Savvy Opponent, he mentions that he is presenting the keynote topic opening the Information Governance & eDiscovery Summit conference in London and how, while he was there, they were celebrating the 70th anniversary of VE day. I’ve heard him say before that “Generals are always prepared to fight the last war”, which he analogizes to technology and “e-disclosure” (which is what they call eDiscovery across the pond). Imagine if we were still trying use mounted cavalry to fight against armored tanks? It would be a disaster. As he notes, “In e-disclosure, we still fight the last war, smug in the belief that our opponents will never be e-savvy enough to defeat us.”

Craig notes that “Our old war ways have served so long that we are slow to recognize a growing vulnerability. To date, our opponents have proved unsophisticated, uncreative and un-tenacious.” He observes how our tech-challenged opponents “make it easy” and that he has “more than once heard an opponent defend costly, cumbersome procedures that produce what I didn’t seek and didn’t want with the irrefutable justification of, ‘we did what we always do.’”

But, that won’t always be the case. Craig predicts that “our once tech challenged opponents will someday evolve into Juris Doctor Electronicus.” When those tech challenged opponents evolve into e-savvy opponents, you can expect that they will (among other things): “demand competent search”, “insist on native production”, “compel transparency of scope and process”, “shrewdly use sampling to expose failure” and “demand competence, but not overreach”. With regard to that last point, Craig observes that “E-savvy counsel succeeds not by overreaching but by insisting on mere competence – competent scope, competent processes and competent forms of production. Good, not just good enough.”

Defenses against the e-savvy lawyer may include “the Luddite judge who applies the standards of his or her former law practice to modern evidence” or a strategy “to embed outmoded practices in the rules and to immunize incompetence against sanctions”. But, those won’t work forever. With virtually all evidence today “born electronically”, best practices for handling such evidence cannot be ignored forever. Someday, you will have to face e-savvy opponents on a regular basis, will you be ready?

As usual, Craig has numerous insightful observations in his post, I’ve referenced several of them here, but don’t want to fully steal his thunder, so I recommend you check out his post here.

So, what do you think? Is your organization still “fighting the last war” or are they prepared to deal with an “e-savvy” opponent? 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.