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Industry Trends

It’s Time Again to Vote for Your Favorite Legal Blogs at The Expert Institute: eDiscovery Trends

Sure, you just voted a couple of days ago, but it’s time to do so again!  If you have a favorite eDiscovery blog or a favorite general legal blog, here’s a chance to see it recognized as one of the best.  Once again, The Expert Institute is looking for your votes in the 2018 Best Legal Blog Contest.

From now until December 15th, readers can select the “best of the best” in legal blogs.  The Expert Institute has broken the nominated blogs (which includes over 100 new blogs) into nine different categories, including Expert Witness, Litigation, Criminal Law, Legal News, Education & Law School Blogs and, of course, Legal Tech.

The rules of the contest are simple. Blogs will be ranked within their category by the number of votes they receive. In addition to winners in each category, the three blogs in any category that receive the most votes overall will come home with prizes, as well as a permanent position in their Best Legal Blogs Hall of Fame.

Readers can submit only one vote per blog, but can vote for as many blogs as they like across every category. In order to cast your vote, you must log into the social media platform of your choosing (Google, LinkedIn or Twitter) to verify your voter identity. This authentication is intended to prevent duplicate votes. The Expert Institute says it does not collect or share your information with third parties under any circumstances.

There are several excellent eDiscovery blogs out there and it would be great to see at least one or two receive enough votes to be recognized as a top legal blog in legal tech.  So, if there’s one you like, feel free to vote for it!  And, if that blog that you vote for happens to be eDiscovery Daily, even better!  ;o)

So, what do you think?  Do you have a favorite legal blog?  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.

Here’s a Webcast to Help The “Luddite” Lawyer Learn to Embrace Technology: eDiscovery Webcasts

Technology Assisted Review (TAR) has been court approved for nearly seven years now and other technologies and approaches have been proven to save time and money while even improving quality within the discovery process. Yet, many lawyers still have yet to embrace these new technologies and approaches. Why, and what needs to happen to change things?  Here’s a webcast that will take a look at what needs to happen to help the “Luddite” legal professional learn to embrace technology.

Wednesday, November 28th at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology?. In this one-hour webcast that’s CLE-approved in selected states, we will discuss a lawyer’s ethical duty to understand technology, how to address today’s challenges and embrace approaches for addressing those technologies, pertinent case law regarding the use of technology and resources for more information. Topics include:

  • Ethical Duties and Rules for Understanding Technology
  • Addressing Discovery of Various Sources of ESI Data
  • Understanding the Goals for Retrieving Responsive ESI
  • Considerations and Challenges for Using Technology Assisted Review
  • Considerations for Form of Production
  • Key Case Law Related to Technology Challenges
  • Resources for Expanding Your Technical Expertise
  • Recommendations for Becoming Technology Competent
  • Resources for More Information

As always, I’ll be presenting the webcast, along with Tom O’Connor.  To register for it, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  If you want to learn how to become competent working with the latest technologies, this webcast is for you!

So, what do you think?  Are you a technology “Luddite” or do you work with one?  If so, please join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Results of the Microsoft Office 365 eDiscovery Challenge Survey: eDiscovery Trends

Remember the Microsoft Office 365 eDiscovery Challenge Survey that Tom O’Connor and Don Swanson were conducting?  The results are in!

The results were published on Bob Ambrogi’s LawSites blog last week.  The survey was conducted over seven weeks using both an online SurveyMonkey tool and telephone interviews. Tom and Don received a total of 75 survey responses from corporations, government agencies and law firms, with the estimated breakdown of respondents mostly being from corporate legal (69 percent of the total respondents).  Law firms were a distant second at 20 percent, followed by government respondents at 10 percent.  Vendors constituted just 1 percent of the responses.  1 percent!

Of all respondents, approximately 30 percent were attorneys. The remainder were litigation support professionals, paralegals and IT staff.

As for the questions, here are some notable results:

What was your first reaction to Microsoft offering eDiscovery features within Office 365?: Nearly two-thirds of respondents said their initial reaction was either very positive and promising (37 percent), or somewhat positive (29 percent).  Thirteen percent of respondents did not know that O365 offered eDiscovery functionality.

Does your organization run Microsoft Office 365? Version?: Just over 3/4 of respondents said they were running O365, with version E3 (G3) the leader at 32 percent.  22 percent did not know what version they use.  Only 7 percent had no plans to move to O365.

Which EDRM activities can be/have been performed within Office 365 eDiscovery? (check all that apply): Generally, the phases on the left side of the EDRM model were considered to be the most likely to be performed within O365, with Preservation the leader at 73 percent, closely followed by Identification at 72 percent.  However, only 46 percent and 41 percent of respondents (respectively) had actually used it in those phases.  40 percent of respondents had never used any of O365’s eDiscovery capabilities.

Are Microsoft Office 365’s eDiscovery features helpful?: Over 4 out of 5 respondents indicated that they would definitely need (53 percent) or probably need (29 percent) O365’s eDiscovery capabilities.  Only two percent of respondents indicated that they probably don’t need or definitely don’t need O365’s eDiscovery capabilities (1 percent each).

Click here for a complete set of results on Bob’s blog.  In early 2019, Tom and Don will be publishing their findings and observations.

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

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

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

It’s Fall! Has eDiscovery Business Confidence Fallen?: eDiscovery Trends

The Complex Discovery eDiscovery Business Confidence Survey is in the last quarter of its third year and the results are in for the Fall 2018 eDiscovery Business Confidence Survey!  As was the case for the 2016 Winter, Spring, Summer and Fall surveys, the 2017 Winter, Spring, Summer and Fall surveys and the 2018 Winter, Spring and Summer surveys, the results for the Fall survey are published on Rob Robinson’s terrific Complex Discovery site.  How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery?  Let’s see.

As always, Rob provides a complete breakdown of the latest survey results, which you can check out here.  As I’ve done for the past few surveys, I will provide some analysis and, this year, I’ll take a look at all surveys conducted to look at trends over time.  So, this time, I will look at the results for all twelve surveys to date.

The Fall 2018 Survey response period was initiated in early October and continued until registration of 85 responses by the beginning of this week.  As Rob notes, this limiting of responders to 85 individuals is a change from previous surveys and reflective of an adjusted survey participant listing based on GDPR implementation by Complex Discovery and sensitivity to the increasing number of industry surveys.

As Usual, Providers are the Largest Group of Responses: Software and/or Services Provider respondents stayed on top, accounting for 37.6% of all respondents.  Law Firm respondents were close behind at 35.3% and Consultancy respondents were again third at 17.6%.  So, once again, if you count law firms as providers (they’re technically both providers and consumers), this is a very provider heavy survey with 90.6% of total respondents.  Here’s a graphical representation of the trend over the twelve surveys to date:

Not surprisingly, this is another provider heavy survey.  So, how confident are providers in eDiscovery business confidence?  See below.

Over 62 Percent of Respondents Consider Business to Be Good: Now that’s a bounce back!  This time, 62.4% of respondents considered business to be good, over 9% (9.2%, to be exact) more than the 53% we had last quarter.  And, 7.4% more than last Fall (55%).  Only 3.5% of respondents rated business conditions as bad, a record low!  Last Fall, it was 5.5% higher (9%).  So, current business conditions appear to be strong, based on the respondents’ results.  Here is the trend over the twelve surveys to date:

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

However, Revenue and Profit Expectations Are Mixed: While nearly all respondents (96.5%) expect business conditions will be in their segment to be the same or better six months from now (one percentage point better than last quarter’s 95.5%), but the percentage expecting business to be better dropped to 44.7%.  Revenue (at combined 94.1% for the same or better) is 1.7 points higher than the last quarter.  Profit expectations (combined 87.1%) dropped nearly a point from last quarter, but with those expecting higher profits dropping another 4.3 points from last quarter (which was already a 7.5 point drop from the previous quarter).  And, the percentage of those expecting higher profits is lower than than either of the last two years during the Fall.  Here is the profits trend over the twelve surveys to date:

Still, the overall profit sentiment average is stronger than the past two years, for what that’s worth.

Increasing Types of Data Considered to Be Most Impactful to eDiscovery Business: For only the second time, Increasing Types of Data was top impactful factor to the business of eDiscovery at 20%.  Increasing Volumes of Data was second at 18.8%, followed by Lack of Personnel at 17.6% and then Data Security at 15.3%.  Amazingly, Budgetary Constraints and Inadequate Technology brought up the rear at 14.1% (which was the lowest ever result for Budgetary Constraints by far – and it’s budget season!).  The graph below illustrates the distribution over the twelve surveys to date:

With all of the emphasis on various data sources, it’s not surprising that increasing types of data is trending upward over the past few quarters.

Executive Leadership is still, um, the Leader: The Executive Leadership respondents were on top again at 41.2%. Operational Management respondents were second at 30.6% and Tactical Execution respondents brought up the rear at 28.2% (still higher than last time).  Here’s the breakdown over the twelve surveys to date:

The variance in distribution continues each quarter, demonstrating that it’s not the same people giving the same answers each time.

Again, Rob has published the results on his site here, which shows responses to additional questions not referenced here (including three brand new questions asked for the first time!).  Check them out.

So, what do you think?  What’s your state of confidence in the business of eDiscovery?  Please share any comments you might have or if you’d like to know more about a particular topic.

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

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

The Only Thing We Have to Fear is eDiscovery Itself: eDiscovery Horrors!

As indicated by our friend “Jack”, today is Halloween!  This is our ninth(!) year to identify stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog.  Let’s see how we do this year.  Michael Myers ain’t got nothing on us!

Does this scare you?

Did you know you could receive a bad faith sanction for your employees’ failure to follow your preservation policy?

What about this?

Here’s why you probably don’t want to murder someone wearing a Fitbit.  Or somebody you met on Tinder.

Or this?

You know your eDiscovery violations are bad when the order discussing them is so large, it needs a table of contents.  We’ll be discussing this one today!

How about this?

When does Twitter not have possession and control of its own direct messages?  Find out here.

Or maybe this?

More than two-thirds of data breaches take months to discover.

Have you considered this?

Here’s how a dead person’s finger can be an investigative tool.

Finally, how about this?

When the court is too busy to perform an in camera review of the defendant’s documents deemed privileged, it will just let the plaintiff have a “quick peek” at them.

Scary, huh?  If the possibility of sanctions, getting arrested for murder due to evidence from Internet of Things (IoT) devices (serves you right!), data breaches and dead fingers opening iPhones scares you, then the folks at eDiscovery Daily will do our best to provide useful information and best practices to enable you to relax and sleep soundly, even on Halloween!

Of course, if you seriously want to get into the spirit of Halloween and be scared, check out this video.  You won’t be able to “lego” of it!

What do you think?  Is there a particular eDiscovery issue that scares you?  Please share your comments and let us know if you’d like more information on a particular topic.

Happy Halloween!

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 Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends

It’s here!  Today is the start of the The Master’s Conference DC event!  It’s almost two days of educational sessions covering a wide range of topics!  If you’re in the DC area, it’s not too late to attend!

The Master’s Conference brings together leading experts and professionals from law firms, corporations and the bench to develop strategies, practices and resources for managing eDiscovery and the information life cycle.  This year’s Washington DC event includes nearly two days of educational sessions covers topics ranging from privacy to cybersecurity to social media to cloud computing.  GDPR, blockchain and big data are also significant topics for the event.

The event is being held today and tomorrow at Sidley Austin LLP, 1501 K Street, N.W. #600, Washington, DC 20005.  It’s about three blocks away from the White House.  Registration begins at 8am each day, with sessions starting right after that, at 8:30am.

CloudNine will be sponsoring the session Data, Discovery, and Decisions: Extending Discovery From Collection To Creation at 11:15pm tomorrow.  I will be moderating a panel of eDiscovery experts that includes Mike Quartararo, Founder and Managing director of eDPM Advisory Services and author of the 2016 book Project Management in Electronic Discovery; Robert D. Keeling, Partner with Sidley Austin and an experienced litigator whose practice includes a special focus on electronic discovery matters; and Mimi Singh, General Counsel and Director of Consulting at Sandline Discovery, who has over thirteen years of eDiscovery legal counseling experience.  We will be discussing the challenges that big data place on information governance and legal discovery professionals and potential approaches for addressing those challenges.  Hope you can join us!

Click here to register for the conference.  The cost to attend can be as low as $250 for nearly two days of terrific educational content.  So, if you plan to attend and haven’t registered yet (why not?), now is the time to do it.

This year, The Master’s Conference still has one more event scheduled for Orlando.  Click here for more information on remaining scheduled events for the year.

So, what do you think?  Are you going to be in Washington DC today and tomorrow?  If so, come join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

“Master” Your Knowledge of eDiscovery With This Conference in Washington DC Again This Year: eDiscovery Trends

It’s October!  The leaves are turning, the baseball playoffs are currently going on (with the Astros one step closer to making my prediction come true again).  And, it’s time for another The Master’s Conference DC event!  It’s almost two days of educational sessions covering a wide range of topics!

The Master’s Conference brings together leading experts and professionals from law firms, corporations and the bench to develop strategies, practices and resources for managing eDiscovery and the information life cycle.  This year’s Washington DC event includes nearly two days of educational sessions covers topics ranging from privacy to cybersecurity to social media to cloud computing.  GDPR, blockchain and big data are also significant topics for the event.

The event will be held on Tuesday, October 23 and Wednesday, October 24 at Sidley Austin LLP, 1501 K Street, N.W. #600, Washington, DC 20005.  It’s about three blocks away from the White House (anything happening over there these days?).  Registration begins at 8am each day, with sessions starting right after that, at 8:30am.

CloudNine will be sponsoring the session Data, Discovery, and Decisions: Extending Discovery From Collection To Creation at 11:15pm on Wednesday, October 24th.  I will be moderating a panel of eDiscovery experts to discuss the challenges that big data place on information governance and legal discovery professionals and potential approaches for addressing those challenges.  Hope you can join us!

Click here to register for the conference.  The cost to attend can be as low as $250 for nearly two days of terrific educational content.  So, if you plan to attend and haven’t registered yet (why not?), now is the time to do it.

This year, The Master’s Conference still has one more event scheduled for Orlando.  Click here for more information on remaining scheduled events for the year.

So, what do you think?  Are you going to be in Washington DC on October 23 and 24?  If so, come join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

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

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

Here’s a Webcast to Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts

As evidenced by some high-profile recent eDiscovery disasters, managing eDiscovery projects is more complex than ever. Not only have the volume and variability of ESI data sources increased dramatically, but there are often more stakeholders in eDiscovery projects today than characters on the board game Clue©. Successful eDiscovery today means not only meeting your obligations, but also making sure that each stakeholder in the process succeeds as well.  Here’s a webcast that can enable you to get a “clue” regarding your eDiscovery process – with a special guest!

Wednesday, October 31st at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Get a “Clue” Regarding Your eDiscovery Process. In this one-hour webcast that’s CLE-approved in selected states, we will discuss the various participants in the eDiscovery process, what motivates each of them, and best practices on how to avoid becoming the next high-profile eDiscovery disaster. Topics include:

  • The Process: Managing the Project from Initiation to Close
  • The Phases: Managing the Flow of ESI Before and During the Process
  • The Players: Goals and Objectives of Each eDiscovery Stakeholder
  • Whodunnit?: Lessons Learned from a Large Financial Institution’s Mistakes
  • Whodunnit?: Lessons Learned from a Government Entity’s Mistakes
  • Whodunnit?: Lessons Learned from a Medical Center’s Mistakes
  • Recommendations for Avoiding Your Own Mistakes
  • Resources for More Information

I’ll be presenting the webcast, along with Tom O’Connor.  But, this time, we will have a special guest — Mike Quartararo!  Mike is the founder and managing director of eDPM Advisory Services, a consulting firm providing e-discovery, project management and legal technology professional services to law firms, corporate legal departments and service provider organizations. He is also the author of the 2016 book Project Management in Electronic Discovery, which merges project management principles and best practices in electronic discovery.

To register for the webcast, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  Three guys with beards on the Wolfman’s favorite day, what could be better!  It’s a lead pipe cinch!  Get it?  :o)

So, what do you think?  Do you have a “clue” about how to avoid your own eDiscovery disaster?  If not, please join us!  And, as always, please share any comments you might have or if you’d like to know more about a particular topic.

Clue Board Game Image Copyright © Hasbro.

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.

Wednesday’s Relativity Fest Sessions: eDiscovery Trends

As we noted yesterday and Monday, the 2018 Relativity Fest conference is going on this week, CloudNine will once again be here as a Silver Sponsor and I have been covering the show for eDiscovery Daily.  Let’s check out sessions lined up for today, the last day of the conference.

This year, Relativity Fest has been September 30 through October 3 in Chicago at The Hilton Chicago.  As a development partner in the Relativity ecosystem, CloudNine is at the conference and will be there today to provide demonstrations of our Outpost for Relativity capability that automatically ingests and loads data into Relativity based on your specified criteria.  Also, I had a great time speaking at the Social Media session yesterday, moderated by Phil Favro, with Amy Sellars, Craig Carpenter and Ignatius Grande!

Here is one of the eDiscovery-related sessions for today (it’s a short day):

9:00 AM – 10:00 AM:

LIE230322 – e-Discovery Law and Practice: Case Studies in Cooperation

From The Sedona Conference Cooperation Proclamation and the judges across the nation who have endorsed it to the 2015 amendments to the Federal Rules of Civil Procedure, cooperation in e-discovery has become an important consideration in the United States and internationally as well. However, is cooperation in e-discovery even possible in an adversarial system? Even if it is possible, is it practical? How can you cooperate with an adversary? What about transparency in the process? What do other nations think about cooperation in e-discovery and e-disclosure?

Join us for a case study in e-discovery cooperation where e-discovery teams for both plaintiffs and corporate defendants discuss how they used technology and e-discovery workflows to not only conduct e-discovery with cooperation, but do it better, faster, and cheaper. This session has been submitted for CLE accreditation.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity, Chad Roberts – Discovery Counsel, eDiscovery Co-Counsel, PLLC, Kelly Twigger – Principal, ESI Attorneys LLC, Suzanne Clark – Discovery Counsel, eDiscovery Co-Counsel, PLLC, Kathleen Porter Kristiansen – Senior Consultant and Solicitor, Risk Management & Cyber Security, Advanced Discovery.

Hopefully, you enjoyed Relativity Fest this year!  If not, there’s always next year!

So, what do you think?  Did you attend Relativity Fest this year?  Was it worthwhile?  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.

Tuesday’s Relativity Fest Sessions: eDiscovery Trends

As we noted yesterday the 2018 Relativity Fest conference is going on this week, CloudNine will once again be here as a Silver Sponsor and I will be covering the show for eDiscovery Daily.  Let’s check out some of the sessions lined up for today.

This year, Relativity Fest is September 30 through October 3 in Chicago at The Hilton Chicago.  If you’re in the Chicago area, you can still make it for nearly all of the conference or attend on a one-day pass.  As a development partner in the Relativity ecosystem, CloudNine will once again be the conference and will be there to provide demonstrations of our Outpost for Relativity capability that automatically ingests and loads data into Relativity based on your specified criteria.  Also, I’m delighted to say that I will also once again be speaking at a session at the conference today!

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

8:30 AM – 9:30 AM:

LIE227578 – International e-Discovery and Data Protection

2018 has been a significant year for international e-discovery, and the annual international session will address important issues that have affected cross-order discovery and data law generally, including the General Data Protection Regulation (GDPR), United States v. Microsoft, and the CLOUD Act, as well as upcoming important topics, such as the EU’s ePrivacy Regulation.  This session has been submitted for CLE accreditation.

Speakers Include: Chris Dale – Founder, eDisclosure Information Project, Heidi Stenberg – Principal | Assurance Services | Fraud Investigation & Dispute Services, EY, Karyn Harty – Partner, McCann FitzGerald, Karl Hennessee – Senior Vice President, Litigation, Investigations & Regulatory Affairs, Airbus, Johnny Lee – Principal & National Practice Leader, Forensic Technology Services, Grant Thornton US LLP.

11:10 AM – 12:10 PM:

PD188410 – Fostering Inclusiveness: Promoting Diversity and Inclusion on Your e-Discovery Team

Fostering environments that provide openness and inclusion has been proven to drive team performance, innovation, and employee retention. Recognizing the benefits of diversity in the workplace is only the first step—how do you build a culture of diversity into your e-discovery business? Relativity Fest is a unique opportunity to have a productive dialogue around how we, as a community, promote diversity both within our own organizations and within the larger e-discovery and legal world.

This 60-minute panel will discuss ways of driving inclusion in your practice and inspire a vision of an inclusive e-discovery community. The panel will cover:

  • Why diversity matters to e-discovery
  • How to foster a culture of inclusion, diversity, and openness, as well as promote diversity of thought
  • Strategies for finding and retaining diverse talent
  • How to make inclusion part of your e-discovery DNA
  • Selling diversity initiatives internally to your organization and gaining alignment on why it’s an important investment
  • Unlocking inclusion with global e-discovery teams

Speakers Include: Drew Stern – Founder & Co-CEO, Esquify, Elizabeth Anastasia – Director of Technology Operations, Perkins Coie LLP, Will Syvongsa – Technical Business Analyst, Relativity, Maria Zanfini – Vice President & Senior Managing Counsel, Investigations, Mastercard, Antonio Avant – Manager, Litigation Technology, Troutman Sanders eMerge, Mary Mack, ACEDS.

LIE230321 – ILTA and Relativity Fest Present Finding the Fun in Writing Fundamentals

Writing skills are mission critical for lawyers and paralegals, and studies show that even those in the technical fields advance faster and are more effective with colleagues if they know how to write well.

The International Legal Technology Association (ILTA) began Finding the Fun in Writing Fundamentals, a legal technology writing skills program, at ILTACON, and now ILTA and Relativity are pleased to bring it to you in an ILTA webinar live from Relativity Fest. Whether you’re trying to write motions, pleadings, effective emails, team bios, technical training manuals, client timekeeping entries, blogs, or social media posts, this program will guide you through the writing process and help you communicate better in the legal technology workplace.  In addition, we’ll examine legal matters where writing errors have influenced the outcome of the case.

Join us for writing best practices from Gary Kinder of Wordrake, a nationally recognized writing coach who has appeared on The New York Times Best Sellers List, and Relativity’s David Horrigan, a longtime legal author and former reporter and assistant editor at The National Law Journal—with retired US Magistrate Judge Andrew Peck of DLA Piper providing guidance and sharing some of the biggest legal writing blunders he’s seen—in this fun and educational program.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity, Honorable Andrew Peck – Retired U.S. Magistrate Judge (S.D.N.Y) and Senior Counsel, DLA Piper, Gary Kinder – Founder, WordRake.

3:40 PM – 4:40 PM:

LIE227576 – Social Media Law and Practice

Join Relativity and the Coalition of Technology Resources for Lawyers in this session covering the latest case law and rules on the discovery of social media data, including the 2017 amendments to Fed. R. Evid. 902, as well as practical considerations for dealing with social media data.  This session has been submitted for CLE accreditation.

Speakers Include: Phil Favro – Consultant, Driven, Inc., Amy Sellers – Associate General Counsel, Walmart, Craig Carpenter – CEO, X1, Doug Austin – VP of Products, CloudNine.

5:00 PM – 6:00 PM:

LIE231935 – e-Discovery in the Cloud: Legal, Ethical and Security Considerations

As e-discovery and the legal profession continue to join the rest of business and society in the move to the cloud, legal teams are encountering new legal, ethical, and security issues. Jurisdictional considerations, information governance—including system security and data privacy—and ethical considerations, including ethical requirements for technological competence, are important issues. Join us for a new version of this popular session with timely new updates, including 2018 case law and regulatory developments.  This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity, David Kilgore – Corporate Counsel, Rackspace, Karl Hennessee – Senior Vice President, Litigation, Investigations & Regulatory Affairs, Airbus, Dennis Garcia – Assistant General Counsel, Microsoft.

To register to attend Relativity Fest, click here.  It’s not too late!  And, the Cubbies are in the baseball playoffs again (in as a Wild Card – sorry Cubbies!) – though the Astros are going to win it all again this year.  Hey, I was right when I predicted it last year!

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

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

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