eDiscoveryDaily

We’ve completed Legaltech New York (LTNY) 2019.  What did attendees at the conference think about this year’s show?  Let’s take a look.

As I’ve done the past three years, I reached out to several attendees (some of whom I met with during the show) to get their thoughts and impressions of this year’s show.  As always, these should be taken as their personal opinions and observations regarding the show, not those of their employer or clients.  We had more people than ever respond with their thoughts, so thanks to all who did!  So many that we’re going to spread these observations over two days.  Here we go!

“This was my 23rd LegalTech conference, and one of the most enjoyable in memory despite the intense cold.  But, my joy sprung from seeing old friends and interviewing Bob Woodward at the E-Discovery Heroes awards.  The central event, LTNY 2019 (who calls it LegalWeek?), lacked the crowds and sprawl of its storied past, shrunken in sympathy with the consolidating vendor community.  I predict it will soon be but a single bustling floor, down from the raucous and rambling three or four it once commanded.  Most everything else about the incredible shrinking LegalTech was business-as-usual with the sad exception of the educational tracks, which have never been less engaging nor more distant from the intersection of law and technology from a practitioner’s perspective.  Experience was paper thin and paper-centric; the distance between the lawyer presenters and the technologies they discussed was scarily evident.

I felt I’d stumbled into a conference about managing the international legal industry, not about using technology in the practice of law.  That may be as much a comment about this old trial dog as about LegalTech itself.  Litigators no longer do; they delegate.  No lawyer I heard on a dais had ever tried a case, save for a few judges and former attorneys general who’d done it when fax machines were cutting edge.  It made me long for the days when LegalTech was exciting because of what was inside the Hilton instead of the many events and networking opportunities orbiting its faded gravity.  ALM is starting to feel more like AOL: overdue for a cold reboot.”

— Craig Ball, Lawyer Technologist

“Although I didn’t attend any sessions this year, I always enjoy seeing long-time friends. I was honored to attend Mary Mack’s bloggers luncheon and spend time with some of my mentors. It was sad to see the exhibitors’ area shrink again this year. Nikolai and I partnered up to record an educational video, so keep an eye out for that!”

— Amy Bowser-Rollins, Editor of LitigationSupportGuru.com

“I am amazed every year at this annual event, Legal Tech.  The participation and involvement by the legal industry, including judges, attorneys, technologists, and legal professionals from the government, corporations, and vendors. This year proved no different.  This year’s Legal Tech event affirmed we work in an incredible eDiscovery community and industry.  More consolidation yet new players introduced themselves.  And the community remains strong and supportive.  Great panels, fun parties, education and friendship….networking and strengthening relationships.  The icing on the cake was the snow.  Sadly no blizzard this year but we did get the cold and snow…. It was great seeing you all and here is to everyone having an amazing and successful 2019….”

— Kevin M. Clark, Litigation Support Manager at Thompson & Knight LLP

“Negatives:

1. I wish I had a dime for every time I heard ‘AI’ …. nobody can explain what it is but everybody is selling it and they have the best.
2. Lot of vendors and law firms talking about how innovative they are … very few sessions of any real substance for end users.  Couple of exceptions were Access to Justice featuring Maura Grossman. Jim Sandman of LSC and Judge Xavier Rodriguez and a demo on O365 Advanced Discovery by Rachi Messing.
3. Lots of activity outside the show hotel …many, many folks doing demos at hotels within a block of the show. Clearly drained attendees off site.
4. Which is OK because the Hilton is dingy, narrow, ill lit and poorly managed.   BRING BACK HENRY DICKER!!

Positives:

1. Great B2B venue…I see people I just don’t get to see much otherwise:  Michael Arkfeld, Rachi Messing, Lincoln Mead, Henry Dicker, Craig Ball ….. oh, never mind!
2. Some off site sessions were great …..client focused, great speakers, well worth the walk even in 5 degree weather.
3. Good place to see what ‘big fish’ in the market are doing even if it doesn’t really apply to me and the client space where I work”

— Tom O’Connor, Director, Gulf Coast Legal Tech Center

“The thing I enjoy the most at LTNY is connecting with my vendors and colleagues.  There’s no substitute for meeting folks in person and spending time in a casual setting with them.

I say again:  Either have LTNY in the summer, or have it in Florida in January.

Disco’s Legaltech NY cartoons were legendary.  Seriously, I want to buy some of those as framed art work for our Discovery Operations area.  Where can I get them?”

— Janice Jaco, eDiscovery Project Manager at Keesal, Young & Logan (on long-term secondment at Walmart’s Home Office)

“The show floor seemed to be a little smaller in size and appears to be more very niche around eDiscovery, Investigations and Compliance. In the past, there were more general law firm software providers, but that seems to be dwindling. The focus on the Cloud also continues to be very big. As usual, there appeared to be a lot of meeting activity and many meetings outside the show – more than ever, it seems.

GDPR was talked about a lot this year, but I did not see a lot of software purely focused on that space, though it was clear there is an increased focus on compliance and investigations, in addition to the traditional focus on litigation.

One trend I noticed this year is the tremendous amount of private equity investors attending this year. The lobby seemed to be full of PEs and Investment Bankers all looking for their next investment.  Between that and all of the investment announcements we’ve seen recently (including our own announcement last year about our affiliation with Peak Rock Capital and our acquisition of the LexisNexis eDiscovery suite), it’s clear that investing in this market has heated up considerably.”

— Brad Jenkins, CEO of CloudNine

So, what do you think?  Did you attend Legaltech last week?  What did you think of this year’s show?  Please share any comments you might have or if you’d like to know more about a particular topic.

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

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

I always try to find an easy topic to talk about on the Friday after Legaltech ends because I’m usually exhausted after running around all week (this week even more so, though the results were worth it as CloudNine had a fantastic Legaltech this year!), even with the near record cold that hit New York on the last day.  So, when the topic falls in your lap because of something you did a few days earlier, it’s like receiving a gift and that’s how I feel about finding out that my podcast with Digital Detectives is up and available!

As I mentioned last week (or did I?), I sat down with the hosts of the Digital Detectives podcast – Sharon Nelson and her husband John Simek of Sensei Enterprises and Sharon’s terrific blog Ride the Lightning (from which we’ve referenced numerous stories over the years).  The podcast is titled eDiscovery: Major Developments in 2018 and a Look Ahead and it’s available on their Digital Detectives page within the Legal Talk Network site.

Sharon and John covered a lot of topics with me, ranging from notable eDiscovery trends in 2018 to my thoughts about the most important eDiscovery case opinion from last year (spoiler alert: I picked one each for civil and criminal litigation) to talk about a couple of fun sanctions cases to trends regarding Technology Assisted Review.  We also discussed some of the biggest challenges facing lawyers today, the state of lawyer technology competence today, trends with Internet of Things (IoT) devices in eDiscovery and my predictions as to where eDiscovery is heading.

If you’ve got a little less than 28 minutes available, feel free to click on the link above and give it a listen!  Thanks to both Sharon and John for the invite – believe it or not, that was the 99th podcast they’ve done all time!  Their podcast series is excellent and they always have interesting guests (which is a lot to live up to!).  Hope you’ll find my podcast interview on par with the other excellent interviews they have done over the years – they did ask me back, so I must be doing something right.  ;o)

I mentioned that this year’s Legaltech was fantastic for CloudNine this year and it was in several ways.  We had some excellent meetings with a number of our clients and we were able to show them a lot of new enhancements and functionality within our LAW, Concordance, Explore and Review products (here’s a link to the press release if you want to see the highlights of what we had to show in New York this week).  We also had our third Drinks with Doug (as in me!) and Mary (as in Mary Mack!) happy hour this year that CloudNine sponsored again with ACEDS and Compliance Discovery Solutions.  The room was absolutely packed this year – to the point that many of us agreed that we’re going to need a bigger boat, er, venue for next year.

And, finally, it was a successful event because of our first ever NineForum eDiscovery educational series of 20 minutes TED-style talks at the booth!  Kudos to our Director of Marketing, Salana Yarger, for the idea!  I want to thank Kelly Twigger (who agreed to be the “guinea pig” by going first), Janice Jaco, Amy Sellars (who was so fired up she didn’t even need a microphone!), the always wonderful Craig Ball, Mike Quartararo (who is so smart, his middle and last initials spell “IQ”), Trent Livingston from ESI Analyst, Brandon Law from Oasis Discovery (who has a great last name for this business), the aforementioned Mary Mack and my “partner-in-crime” on our monthly webcasts, Tom O’Connor.  Tom and I are thinking of taking our comedy act to Vegas next – we’re that funny!  :o)

That’s enough for now (did I say I was REALLY tired?) – back to normal next week.

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

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

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

As noted Monday and yesterday, Legaltech® New York (LTNY) is happening this week and, for the ninth(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  Today is the last day to check out the show if you’re in the New York area with a number of sessions available and over 160 exhibitors providing information on their products and services, including our company, CloudNine at booth #310-312.

In addition to that, CloudNine conducted a great new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts delivered 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  And, we also hosted the 3rd annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by ACEDS, CloudNine and Compliance Discovery Solutions.  Hope you were able to catch us there!

There are plenty of interesting sessions today.  Sessions in the main conference tracks include:

9:30am – 10:30am:

The Future Is Now: Managing Messaging Data

Organizations are now leveraging technology and processes to identify records as part of large projects and as part of “business as usual” processes. With the advent of technology platforms that allow for indexing of documents/data, including Microsoft O365, developing processes around the technology will be transformative for the management of information. Hear lessons learned and case studies on: (i) the record classification of 1.5 billion email messages for a healthcare company; and (ii) the defensible disposal of more than 10 billion email messages for a highly regulated financial institution.

Upon completing this session, you will be able to:

• Highlight the need for a multi-disciplinary approach for transformative information governance projects
• Focus on key risks and challenges of managing messaging data, particularly when disposing of billions of emails in highly regulated environment
• Demonstrate how to leverage new technology to achieve the goal of only retaining messaging data based on legal, regulatory, and business needs
• Develop a framework for continual “business as usual” disposal of messaging data

Speakers: Anthony Diana, Co-Head Global IP, Tech & Data Group, Reed Smith, Therese Craparo, Partner, Redd Smith.

The State of Data Breach Litigation: What You Need to Know and How to Protect Yourself

The number of records compromised in data breaches since the start of 2017 has increased at an astounding rate. This huge uptick has led to numerous data breach litigations in the civil and regulatory contexts. In this session, highly experienced lawyers and technologists will discuss the major cases and trends from 2018 and will address practical measures organizations can take to try to reduce their risks of breaches and resultant legal liability.

Moderator: Robert Brownstone, Chair, Electronic Information Management (EIM) Group, Technology & eDiscovery Counsel, Litigation, Fenwick & West LLP; Speakers: Douglas H. Meal, Partner, Ropes & Gray LLP, Christopher Sitter, Information Security Director, Forensic Technology, Juniper Networks, Matthew Todd, Ph.D., CISM, CIPP/E, CIPP/US, GCED, Isis Miranda, Associate, London Fischer, Roberta Anderson Sutton, Esq. – RAS Enterprise Risk Management.

1:30pm – 2:30pm:

Information Governance in the Cloud: Compare and Contrast

Build your cloud knowledge. With CIO surveys showing over 90% of businesses use the public cloud, now is the time to improve your cloud readiness! Engage in lively discussion with the experts who worked directly with Amazon, Box, Google, IBM, Microsoft and other major cloud providers on the IG elements of their cloud solutions. Explore the Cloud’s information governance (IG) features for retention, legal holds, disposition information protection and more! Expanding your knowledge will assure your place at the table as a valued resource, as your organization leverages the cloud.

Upon completing this session, you will be able to:

• Examine key information governance capabilities of cloud solutions
• Compare and contrast cloud support for creation-date versus event-based retention
• Discuss legal hold capabilities
• Consider automated disposition features

Speakers: Michael Haley, Principal Consultant – Cohasset Associates, Carol Stainbrook, Executive Director – Cohasset Associates.

GDPR 8 Months Later: Trends in Litigation and Regulation

Europe’s data protection law went into effect on May 25, 2018 and technology giants such as Facebook and Google immediately started facing regulatory proceedings and multi-billion dollar lawsuits alleging lack of compliance with the General Data Protection Regulation (GDPR). Our panelists will analyze the most recent enforcement proceedings and lawsuits and also discuss the GDPR and Privacy Shield compliance and litigation trends they foresee for 2019.

Moderator: Robert Brownstone, Chair, Electronic Information Management (EIM) Group, Technology & eDiscovery Counsel, Litigation, Fenwick & West LLP; Speakers: Kenneth N. Rashbaum, Partner – Barton LLP, Amie Taal – Stratagem Tech Solutions Limited, Rich Vestuto, Managing Director – Deloitte Risk & Financial Advisory.

3:00pm – 4:00pm:

2018 CA Consumer Privacy Act: The Big Tail Wagging the U.S.

The CCPA will essentially “wag the dog” and your organization will need to be ready in time. Taking effect on January 1, 2020, this critical new data privacy law will impact organizations far beyond California (now the world’s 5th largest economy). Having been called the U.S. version of the E.U.’s GDPR, organizations are still scrambling to understand what data and rights are covered, how this is different than GDPR’s requirements, and how the CCPA impacts Privacy, IG, RIM, and Security across virtually all organizations who collect, sell, and/or retain personal information. In this session, two leading information governance attorneys will share why you need to and how you can be ready.

Join us for these key discussions and take-aways:

• Identify the implications of the 2018 CA Privacy Law and related new legislation for your organization​
• Define/refine strategies for compliance
• Initiate changes to Privacy, IG, RIM and Information Security programs to ensure compliance with the law

Speakers: John Isaza, Partner, Rimon, P.C., Jeff Beard, Member, IAPP.

Unique Personal Privacy Issues after this Decade’s Supreme Court Mobile-Devices and Geolocation Privacy Rulings

Great, your digital location is protected by the Constitution. So what are the implications of the Supreme Court rulings in Quon (2010), Jones (2012), Riley (2014) and Carpenter (2018) regarding the future of workplace employee monitoring, for civil and criminal investigations and as to litigations? In this session, we will take a deep dive into the impacts the Supreme Court’s rulings could have on future contexts and cases.

Moderator: Robert Brownstone, Chair, Electronic Information Management (EIM) Group, Technology & eDiscovery Counsel, Litigation, Fenwick & West LLP; Speakers: Hanley Chew, Of Counsel, Fenwick & West LLP, Kimberly Quan, Lead, eDiscovery & Information Governance – Juniper Networks, James Sherer, Partner – Baker Hostetler.

In addition to these, there are other sessions today that may interest you.  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?  If so, what did you think about the show?  Please share any comments you might have or if you’d like to know more about a particular topic.

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

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

As noted yesterday, Legaltech® New York (LTNY) is happening this week and, for the ninth(!) year in a row, 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 available and over 160 exhibitors providing information on their products and services, including our company, CloudNine at booth #310-312.

In addition to that, yesterday and today, CloudNine is launching its new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for our first NineForum, so if you are at the show, come check it out.  The schedule for the topics and speakers is available here.  We had five great sessions yesterday, and have four more today to check out!

Not only that, but today from 4pm to 6pm is the 3rd annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by ACEDS, CloudNine and Compliance Discovery Solutions.  You MAY still be able to register here.  We have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Seriously.

There are plenty of interesting sessions today.  Sessions in the main conference tracks include:

10:30am – 11:30am:

The International Legal Cloud 2019: Discovery, Security, and Business Considerations

Every time you pick up your phone, you’re using the cloud, and legal teams are no exception. In 2019, the cloud is fait accompli, a ubiquitous part of life for just about everyone. What does it mean for your legal team? This session will examine important considerations as your legal team and business move to the cloud, including security advantages, cross-border e-discovery strategies, and data privacy and protection issues from the EU General Data Protection Regulation (GDPR) to the California Consumer Privacy Act and other legal and regulatory considerations.

Moderator: Chris Dale, Editor – eDisclosure Information Project; Speakers: Dera Nevin, Senior Associate, IPTech, Information Governance and eDiscovery, Baker McKenzie LLP, Sean Pike, Program Vice President, Security Products – IDC, David Horrigan, Discovery Counsel & Legal Education Director – Relativity, Heidi Stenberg, Principal and Americas and Global Leader, Discovery Services, EY, Mark Anderson, Senior Project Consultant – Complete Discovery Source – London.

Why Lawyers Are Adopting AI Faster Than You: Law Firm Leaders Share Technology Strategies

Predictive coding paved the way for a new era of AI-enhanced law firms. Where do we go next? Automated document summaries, claims extraction, multifaceted chronologies, sentiment analysis, and more are on the horizon. Law firm leaders are looking to these technologies to grow their competitive edge and realize new client service enhancements. In this breakout, panelists will share their insights on the problems and pain points faced in their practice, their innovation journey towards developing technological solutions, and the new AI-enhanced technologies that they are actively pioneering with software developers right now.

Moderator: Adam Kuhn, Director of Product Marketing – OpenText; Speakers: David Lapresi, CEDS, e-Discovery and Litigation Support Manager – Phillips Lytle LLP, David Stanton, Litigation & eDiscovery Partner, Information Law & Electronic Discovery Team Leader – Pillsbury Winthrop Shaw Pittman LLP, Alexis Mitchell, Principal Data Scientist – Opus 2 International, Andrea D’Ambra, Partner & Head of eDiscovery & Information Governance for the United States – Norton Rose Fulbright US LLP.

How Litigation and Regulatory Teams Can Effectuate Change and Drive Value by Leveraging Technology and Defining Business Objectives Across a Global Corporate Enterprise

As the pressure to manage the cost of litigation continues to rise, companies must continually evaluate the legal department and look for ways to operate more efficiently and cost effectively. By preparing for the future today, litigation and regulatory teams will be better apt to predict and control costs, mitigate risk, and increase speed to revenue. In this session, we will discuss how the legal department can function more like a business and how better managing everything from data, evidence gathering, and litigation support, to budgeting and metrics can affect long-term company performance.

Key takeaways include:

• How to value your eDiscovery team beyond rates?
• What critical business objectives can the litigation team impact?
• What are the typical legal issues that need to be considered when responding to litigation or regulatory demands?
• How can litigation teams effectuate change and drive value?
• How do we measure the readiness for change?
• How to operate pro-actively?

Speakers: Christine Hasiotis, Senior Vice President and Deputy General Counsel – UnitedLex, Seth Eichenholtz, Head of eDiscovery, Security Monitoring and Response – Mastercard, Kathleen Turland, Executive Counsel, Compliance, Litigation, Investigations & Privacy – Current, powered by GE, Kiriaki Tourikis, VP, Assistant General Counsel, Data and Privacy Legal – JPMorgan Chase.

1:30pm – 2:30pm:

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

How should you plan for your career and the future of your business or law firm when the e-discovery industry and the legal profession are in a period of rapid change? Where is the industry going, and what does the future hold for the legal professionals who make up the e-discovery profession? Join us for this session where leading journalists, industry analysts, and legal experts will examine the current state of e-discovery, the market, and legal forces affecting the industry, your firm or company, and your career. In addition, our panel of industry leaders will be making predictions on what the future holds for all of us.

Moderator: David Horrigan, Discovery Counsel & Legal Education Director – Relativity;  Speakers: Bob Ambrogi, Attorney and Founder – LawSites,  Ari Kaplan, Principal – Ari Kaplan Advisors,  Mary Mack, Executive Director – Association of Certified E-Discovery Specialists (ACEDS),  Zach Warren, Editor-in-Chief – Legaltech News, Kelly Twigger, Principal – ESI Attorneys, Ryan O’Leary, Senior Research Analyst, Legal, Risk, & Compliance – IDC.

What’s in Your Smartphone? Mobile Device and Email Investigation Strategies and Stories

Your email and internet search history may be used against you in a court of law. Join a panel of forensic and eDiscovery experts to learn about the strategies and tactics they use to collect, investigate, and present digital evidence from the very device you are reading this on. Panelists will focus in on the special challenge of email and cell phones (policy, hardware, and software). Join this session to see just how much information we can pull off your devices and better understand the tools, techniques, and strategies available to modern investigators.

Moderator: Adam Kuhn, Director of Product Marketing – OpenText;  Speakers: Anna Clark, Partner – Phillips Lytle LLP,  Brian Morrison, Principal eDiscovery Analyst – Liberty Mutual,  Warren Singh, Supervisor of Practice Technology Consulting – Latham & Watkins, Laura Roman, Litigation Operations and E-Discovery Specialist Regulation – New York Stock Exchange.

3:00pm – 4:00pm:

3rd Annual Corporate Legal Operations Survey Results: Key Metrics, Trends, and Expectations

Each year, Ari Kaplan and OpenText partner to survey corporate legal professionals and gather their opinions on a range of eDiscovery, InfoGov, and technology questions. What metrics are you tracking? How is your caseload changing? What new security precautions are you taking? How have your responsibilities changed? Are robots taking your job?

In this breakout we’ll share survey data covering these questions and, joined by law firm and corporate legal guest speakers, engage in an interactive discussion on the state of the industry with diverse perspectives from consultants, vendors, outside counsel and corporate legal. Some of the survey highlights show significant increases in:

• Efforts to centralize eDiscovery hosting
• Outside counsel technology audits
• Adoption of AI for legal ops
• Cross-department collaboration
• And more!

Moderator: Adam Kuhn, Director of Product Marketing – OpenText; Speakers: Ari Kaplan, Principal – Ari Kaplan Advisors; Brent Holmes, eDiscovery Program Director & Head of Legal Technology – Siemens, Kristin Comer Belyew, Assistant General Counsel: Legal Strategy, Technology, and Risk Management – GlaxoSmithKline.

In addition to these, there are other sessions today that may interest you.  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 here at LTNY this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Today is the start of Legaltech® New York (LTNY), and, for the ninth(!) 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 available and over 160 exhibitors providing information on their products and services, including our company, CloudNine at booth #310-312.

In addition to that, today and tomorrow, CloudNine will launch its new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for our first NineForum, so if you are at the show, come check it out.  The schedule for the topics and speakers is available here.  We have five sessions today to check out!

Not only that, but tomorrow from 4pm to 6pm is the 3rd annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by ACEDS, CloudNine and Compliance Discovery Solutions.  You MAY still be able to register here.  We have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Seriously.

There are several interesting sessions today.  Sessions in the main conference tracks include:

1:00pm – 2:00pm:

The Government Reference Model

Businesses facing government investigations require specialized and experienced support. The Government Investigations Reference Model (GIRM) roadmaps how to manage an investigation from start to finish for regulators and their subjects. During this session, practitioners will learn where, when and how they can identify, contain, interrogate and disclose relevant data for optimal representation through the course of an investigation.

Moderator: David Greenwald, Partner – Jenner Block; Speakers: Scott A. Milner, Partner – Morgan, Lewis & Bockius LLP, Allison C. Stanton, Director of E-Discovery, Office of the Assistant Attorney General, U.S. Department of Justice – Civil Division, Glenn Melcher, Special Counsel for eDiscovery – Consumer Financial Protection Bureau.

Everything I Learned About Legal Ops I Learned in eDiscovery

A decade ago, most lawyers would have struggled to describe the responsibilities of a legal operations manager, let alone considered it a hot career path. Now an increasing number of law departments are hiring operations professionals and consider their operations teams as indispensable. Many of the professionals in legal operations started out as attorneys or eDiscovery professionals. In this session, you will hear from corporate counsels and eDiscovery professionals on how they have successfully transitioned into the legal ops roles by utilizing their experience in eDiscovery and law. Whether you are new to legal operations or a season veterans this session will provide tips and tricks on strategic planning and areas where you as a legal ops professional can make the most impact.

Moderator: Steven O’Donnell, Director, Product Marketing – MITRATECH; Speakers: Jim Michalowicz, Senior Manager – Legal Operations – TE Connectivity, Jack Thompson, Sr. Manager – eDiscovery & Legal Operations – Sanofi US, Melissa DeHonney, Corporate Counsel – Information Governance – Novo Nordisk, Inc., Eric Lieber, Director of Legal Operations & Litigation Support – Toyota Legal One c/o Toyota Motor North America Inc.

2:30pm – 3:30pm

Data Management in an Investigation: Staying Ahead of the Curve from Forensics to Production

Effectively managing the volume of company retained data is key to controlling budgets related to risks and investigations. Our session will explore best practices of data management and issues relating to document retention, records management, litigation hold policies, legal preservation, data privacy, and discovery management.

Moderator: Denise Talbert, Partner and Co-Chair – DDS, Shook, Hardy & Bacon; Speakers: Tess Blair, Partner – Morgan, Lewis & Bockius LLP, Francine French, Assistant Manager, eDiscovery – GSK, Daniel Lee, eDiscovery Program Manager – Experian, Constance Mockaitis, Associate Director of IG & eDiscovery Operations – Abbvie, Florence Yee, Director, Corporate Counsel, Enterprise Litigation Group – The Prudential Insurance Company of America.

Rethinking Your eDiscovery Approach for In-House Counsel

How are in-house counsels navigating eDiscovery’s technology driven sector to protect their companies from litigation threats? Our session will discuss the innovative ways in-house counsel are managing eDiscovery and litigation risks.

• In-sourcing vs. out-sourcing
• Single source provider vs. preferred provider programs
• Custodian spoliation of electronic information

Moderator: Jon Kerry-Tyerman, VP – Business Development & Intelligence, Everlaw; Speakers: Tara S. Lawler, Partner – Morgan, Lewis & Bockius LLP, Tom Morrissey, Sr. Director, Legal Operations & eDiscovery – Purdue Pharma LP, Brian Corbin, Executive Director, Assistant General Counsel – JPMorgan Chase & Co., Dawson Horn, III, Associate General Counsel – AIG.

Leveraging Data Analytics: Getting More Done, without Doing More

Data analytics use is on the rise in legal operations. The information derived from data analytics can lead to improved operational efficiency, cost reductions and reduced risk. In this session we will showcase real life examples of how legal operations in corporations and law firms are using data analytics to manage risk and drive results. We will cover the following areas:

• Legal strategies
• Data governance
• Contract review
• Synergy with outside counsel

Moderator: Brian McGovern, Executive Director, Strategic Programs – MITRATECH, Speakers: John Albright, Chief Legal Officer & Corporate Secretary – HUB International, Ltd.,  Javier Robles, SVP & Group Chief Compliance Officer – News Corp, Lisa Girmscheid, Manager, Legal Operations – Rockwell Automation, Inc.

4:00pm – 5:00pm:

Cross-Border Investigations: Protecting the Privilege and Meeting Privacy Expectations

GDPR went into effect May 2018. Globally, new enforcement authorities stepped forward, while companies worked to incorporate new guidance and enforcement priorities into their corporate compliance programs. In this session, we will discuss considerations and provide real life scenarios for companies when dealing with international investigations.

• Challenges in collecting, reviewing and understanding data scattered across multiple jurisdictions
• Ethical and cultural considerations in global investigations
• Legal privilege in global investigations: preserving the privilege in jurisdictions where it is not recognized
• Data privacy in global investigations: compliance with local law, including GDPR in Europe

Moderator: Adam Shoshtari, Staff Attorney – Shook, Hardy & Bacon, LLP;  Speakers: Linda Johnson, Lead eDiscovery Manager – GSK, Jack Thompson, Sr. Manager, eDiscovery & Legal Operations – Sanofi US, Michael Russell, Lean Leader – Legal Operations – Ingersoll Rand.

Mobile Workforce: Operational Efficiency, Productivity, and Security

Service departments and organizations often search for solutions to maximize efficiency. As enterprises shift towards a decentralized model, more and more companies have increased their mobile workforces. Increased mobile workforces need a mobile workforce management system. This session will analyze the advantages, challenges and best practices of mobile workflow management.

• Under the advantages of a mobile workforce
• Challenges and risk (i.e. BYOD and security)
• Case studies with best practices, ROI benefits and efficiencies achieved

Moderator: Steven O’Donnell, Director, Product Marketing – MITRATECH; Speakers: Kevin Fumai, Senior Managing Counsel – Oracle, Suresh Pillai, Senior Corporate Counsel, IP – Astellas, Julie Richer, Legal Operations & Discovery Manager – American Electric Power.

AI Collaborations between Legal Departments, Law Firms, and Solutions Providers

Like many types of legal technology, we know that AI solutions are not “push-button” and require a significant investment of time and human capital in addition to financial resources. Attend this ILTA session to hear from a panel of experts designing and managing successful AI projects in corporate legal departments and law firms. The panel will share case studies covering the lifecycle of an AI solution, from assessing contractual risk issues to upstream/downstream customization of the tools to developing internal champions who will ensure adoption. The session will conclude with a future-focused discussion on other ways AI may gain ground in the legal field.

Moderator: Amy Sellars, Associate General Counsel & Legal Discovery Operations Group Lead – Walmart; Speakers: Huu Nguyen, Partner – Squire Patton Boggs, Scott Bailey, Global Director of Research Services – Squire Patton Boggs, Lara Trujillo Webb, Manager, Forensic Data Solutions – PwC, Adam Nguyen, Co-Founder & President/COO – eBrevia.

In addition to these, there are other sessions today that may interest you.  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.

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

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

Legalweek starts today, with Legaltech® starting in earnest tomorrow.  The past couple of years, I have run the agenda through our CloudNine review software to generate a word cloud, but I didn’t really get a chance to do it up right this year.  Fortunately, InsideLegal has done theirs again – for the ninth year in a row!  Let’s take a look.

As you can see in the image above, there are a lot of words and phrases (you could almost call it a “phrase cloud” as well).  Not surprisingly, words like “legal” and “technology” (because it’s Legaltech, duh!) are the biggest in the word cloud.  We’ll also discount other words like “panel”, “session” and “new”.  Some other notable other words and phrases:

• The word “analytics” appears a lot in the agenda (I have it as the seventh most often used word when running a straight word count using the agenda minus the list of speakers), so that seems to reflect the trend towards the use of analytics in legal technology;
• The word “privacy” appears a lot too – at least 18 times by my count. Add in hits for “General Data Protection Regulation (GDPR)” and, not surprisingly, data privacy is a big topic this year, given all of the developments with regard to data privacy trends last year.  And, we just had our first big GDPR fine!
• Of course, the terms “eDiscovery” and “discovery” hit a lot too. But, this year’s show just doesn’t feel as eDiscovery focused as in years past.  Maybe it’s just my perception – what do you think?
• The term “risk” has a lot of hits as well. This is a term I expect to see more of in the coming years – along with “compliance” and “investigations”.  If you’re wondering why, come to my NineForum session on Tuesday!
• And, of course, terms like “Artificial Intelligence” (or “AI”), “cloud”, “mobile devices”, “information governance” and even “Alternative Legal Service Providers (ALSPs)” register on the word cloud.

As always, the word cloud reflects some interesting trends at the show.  Looks like fun!  Here is a link to all of the word clouds Inside Legal has done over the last nine years.

Regardless, one thing that’s happening at the show for sure is that CloudNine will be at the show in a big way!  Of course, we will have a booth in the exhibit hall (booth #310), but that’s not all.  On Tuesday and Wednesday, CloudNine will launch its new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for our first NineForum, so if you are at the show, come check it out.  The schedule for the topics and speakers is available here.

Not only that, but on Wednesday from 4pm to 6pm is the 3rd annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by ACEDS, CloudNine and Compliance Discovery Solutions.  Believe it or not, you can still register here.  We have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Seriously.

So, what do you think?  Are you going to Legaltech this week?  It starts tomorrow!  Please share any comments you might have or if you’d like to know more about a particular topic.

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

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

OK, everybody gets hung up on Legalweek vs. Legaltech®.  Technically, Legaltech is part of Legalweek and it starts in earnest on Tuesday.  So, what’s happening this year?  Let’s take a look.

One thing that’s happening is that CloudNine will be at the show in a big way!  Of course, we will have a booth in the exhibit hall (booth #310), but that’s not all.  On Tuesday and Wednesday, CloudNine will launch its new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts will deliver 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community.  We’ve got a great list of eDiscovery thought leaders lined up for our first NineForum, so if you are at the show, come check it out.  The schedule for the topics and speakers is available here.

Not only that, but on Wednesday from 4pm to 6pm is the 3rd annual Drinks with Doug (as in me!) and Mary (as in Mary Mack!), sponsored by ACEDS, CloudNine and Compliance Discovery Solutions.  Believe it or not, you can still register here.  We have a ton of people who have already registered and, trust me, you don’t want to be left out.  We’re going to take over Ruth’s Chris Steak house.  Seriously.

Anyway, as always, there are some interesting sessions happening at the show this year.  Here are some of the highlights.  Next week during the show, I’ll cover the sessions each day that relate to eDiscovery, Information Governance, Cybersecurity and Data Privacy to give you a complete sense of options.  In the meantime, here are some notable sessions to check out at the show:

Tuesday, January 29:

1:00pm – 2:00pm:

Everything I Learned About Legal Ops I Learned in eDiscovery

A decade ago, most lawyers would have struggled to describe the responsibilities of a legal operations manager, let alone considered it a hot career path. Now an increasing number of law departments are hiring operations professionals and consider their operations teams as indispensable. Many of the professionals in legal operations started out as attorneys or eDiscovery professionals. In this session, you will hear from corporate counsels and eDiscovery professionals on how they have successfully transitioned into the legal ops roles by utilizing their experience in eDiscovery and law. Whether you are new to legal operations or a season veterans this session will provide tips and tricks on strategic planning and areas where you as a legal ops professional can make the most impact.

Moderator: Steven O’Donnell, Director, Product Marketing – MITRATECH; Speakers: Jim Michalowicz, Senior Manager – Legal Operations – TE Connectivity, Jack Thompson, Sr. Manager – eDiscovery & Legal Operations – Sanofi US, Melissa DeHonney, Corporate Counsel – Information Governance – Novo Nordisk, Inc., Eric Lieber, Director of Legal Operations & Litigation Support – Toyota Legal One c/o Toyota Motor North America Inc.

2:30pm – 3:30pm

Rethinking Your eDiscovery Approach for In-House Counsel

How are in-house counsels navigating eDiscovery’s technology driven sector to protect their companies from litigation threats? Our session will discuss the innovative ways in-house counsel are managing eDiscovery and litigation risks.

• In-sourcing vs. out-sourcing
• Single source provider vs. preferred provider programs
• Custodian spoliation of electronic information

Moderator: Jon Kerry-Tyerman, VP – Business Development & Intelligence, Everlaw; Speakers: Tara S. Lawler, Partner – Morgan, Lewis & Bockius LLP, Tom Morrissey, Sr. Director, Legal Operations & eDiscovery – Purdue Pharma LP, Brian Corbin, Executive Director, Assistant General Counsel – JPMorgan Chase & Co., Dawson Horn, III, Associate General Counsel – AIG.

4:00pm – 5:00pm:

AI Collaborations between Legal Departments, Law Firms, and Solutions Providers

Like many types of legal technology, we know that AI solutions are not “push-button” and require a significant investment of time and human capital in addition to financial resources. Attend this ILTA session to hear from a panel of experts designing and managing successful AI projects in corporate legal departments and law firms. The panel will share case studies covering the lifecycle of an AI solution, from assessing contractual risk issues to upstream/downstream customization of the tools to developing internal champions who will ensure adoption. The session will conclude with a future-focused discussion on other ways AI may gain ground in the legal field.

Moderator: Amy Sellars, Associate General Counsel & Legal Discovery Operations Group Lead – Walmart; Speakers: Huu Nguyen, Partner – Squire Patton Boggs, Scott Bailey, Global Director of Research Services – Squire Patton Boggs, Lara Trujillo Webb, Manager, Forensic Data Solutions – PwC, Adam Nguyen, Co-Founder & President/COO – eBrevia.

Wednesday, January 30:

10:30am – 11:30am:

The International Legal Cloud 2019: Discovery, Security, and Business Considerations

Every time you pick up your phone, you’re using the cloud, and legal teams are no exception. In 2019, the cloud is fait accompli, a ubiquitous part of life for just about everyone. What does it mean for your legal team? This session will examine important considerations as your legal team and business move to the cloud, including security advantages, cross-border e-discovery strategies, and data privacy and protection issues from the EU General Data Protection Regulation (GDPR) to the California Consumer Privacy Act and other legal and regulatory considerations.

Moderator: Chris Dale, Editor – eDisclosure Information Project; Speakers: Dera Nevin, Senior Associate, IPTech, Information Governance and eDiscovery, Baker McKenzie LLP, Sean Pike, Program Vice President, Security Products – IDC, David Horrigan, Discovery Counsel & Legal Education Director – Relativity, Heidi Stenberg, Principal and Americas and Global Leader, Discovery Services, EY, Mark Anderson, Senior Project Consultant – Complete Discovery Source – London.

1:30pm – 2:30pm:

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

How should you plan for your career and the future of your business or law firm when the e-discovery industry and the legal profession are in a period of rapid change? Where is the industry going, and what does the future hold for the legal professionals who make up the e-discovery profession? Join us for this session where leading journalists, industry analysts, and legal experts will examine the current state of e-discovery, the market, and legal forces affecting the industry, your firm or company, and your career. In addition, our panel of industry leaders will be making predictions on what the future holds for all of us.

Moderator: David Horrigan, Discovery Counsel & Legal Education Director – Relativity;  Speakers: Bob Ambrogi, Attorney and Founder – LawSites,  Ari Kaplan, Principal – Ari Kaplan Advisors,  Mary Mack, Executive Director – Association of Certified E-Discovery Specialists (ACEDS),  Zach Warren, Editor-in-Chief – Legaltech News, Kelly Twigger, Principal – ESI Attorneys, Ryan O’Leary, Senior Research Analyst, Legal, Risk, & Compliance – IDC.

Thursday, January 31, 2019:

9:30am – 10:30am:

The State of Data Breach Litigation: What You Need to Know and How to Protect Yourself

The number of records compromised in data breaches since the start of 2017 has increased at an astounding rate. This huge uptick has led to numerous data breach litigations in the civil and regulatory contexts. In this session, highly experienced lawyers and technologists will discuss the major cases and trends from 2018 and will address practical measures organizations can take to try to reduce their risks of breaches and resultant legal liability.

Moderator: Robert Brownstone, Chair, Electronic Information Management (EIM) Group, Technology & eDiscovery Counsel, Litigation, Fenwick & West LLP; Speakers: Douglas H. Meal, Partner, Ropes & Gray LLP, Christopher Sitter, Information Security Director, Forensic Technology, Juniper Networks, Matthew Todd, Ph.D., CISM, CIPP/E, CIPP/US, GCED, Isis Miranda, Associate, London Fischer, Roberta Anderson Sutton, Esq. – RAS Enterprise Risk Management.

1:30pm – 2:30pm:

GDPR 8 Months Later: Trends in Litigation and Regulation

Europe’s data protection law went into effect on May 25, 2018 and technology giants such as Facebook and Google immediately started facing regulatory proceedings and multi-billion dollar lawsuits alleging lack of compliance with the General Data Protection Regulation (GDPR). Our panelists will analyze the most recent enforcement proceedings and lawsuits and also discuss the GDPR and Privacy Shield compliance and litigation trends they foresee for 2019.

Moderator: Robert Brownstone, Chair, Electronic Information Management (EIM) Group, Technology & eDiscovery Counsel, Litigation, Fenwick & West LLP; Speakers: Kenneth N. Rashbaum, Partner – Barton LLP, Amie Taal – Stratagem Tech Solutions Limited, Rich Vestuto, Managing Director – Deloitte Risk & Financial Advisory.

That’s just a sampling of the sessions at Legaltech next week.  If you’re there, look me up at the CloudNine booth, especially during the NineForum sessions!  Hope to see you there!

So, what do you think?  Are you going to Legaltech next week?  It’s just four days away!  Please share any comments you might have or if you’d like to know more about a particular topic.

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

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