eDiscovery Daily Blog

• February 5, 2014

The weather spared the big game, but came back with a vengeance yesterday.  Was your flight delayed or cancelled trying to get into New York?  For us too – twice.  Oh, and our laptops were stolen while we stopped off at a restaurant to wait out yesterday’s delay.  Don’t get us started.

Anyway, hopefully the rest of you made it, despite the weather.  As noted yesterday, LegalTech® New York 2014 (LTNY) is happening this week and there’s still two more days to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and over 218 exhibitors providing information on their products and services.

Perform a “find” on today’s LTNY conference schedule for “discovery” and you’ll get 53 hits.  More eDiscovery sessions happening!  Here are some of the sessions in the main conference tracks:

9:05 – 10:00 AM:

Day Two Keynote General Session Presentation – Judges Panel: Changing Rules and Best Practices in e-Discovery – Open to All

When it comes to legal technology, few names are more synonymous with the industry than those of our day two panelists. We are thrilled to welcome Judges Lee Rosenthal, Shira Scheindlin, John Facciola, James Francis and Andrew Peck to the keynote stage at LegalTech.  Never before has LegalTech had the privilege of having these five judges grace the stage at the same time.  Plan to arrive early for what promises to be the most insightful and provocative session at LegalTech 2014.

E-Discovery Special Master Craig Ball will lead the discussion, as the judges share their views on today’s legal landscape with an eye towards what the future holds.  Our e-Discovery pioneers will share their experiences and viewpoints to help attendees best prepare for the law and practice of tomorrow.

Panelists are: Honorable Lee H. Rosenthal, United States District Judge, Southern District of Texas; Honorable Shira A. Scheindlin, United States District Judge, Southern District of New York; Honorable John M. Facciola, United States Magistrate Judge, District of Columbia; Honorable James C. Francis, United States Magistrate Judge, Southern District of New York; Honorable Andrew J. Peck, United States Magistrate Judge, Southern District of New York.  Moderator: Craig Ball, Attorney and Forensic Technologist, Certified Computer Forensic Examiner.

10:30 – 11:45 AM:

Predictive Coding and Analytics Applied on Three Common Scenarios

Analytics can help supplement predictive coding – by visually clarifying its results, accelerating review of the remaining materials, and even assisting in trial and deposition preparation. Using a case study approach, attendees will learn how to develop workflow incorporating both predictive coding and analytics for three common e-discovery scenarios.

Panelists are: Hon. Andrew J. Peck, United States Magistrate Judge,Southern District of New York; Eric Lieber, Director of Legal Technology, Toyota Motor Sales, USA; Jason Lichter, Director of Discovery Services and Litigation Support, Pepper Hamilton LLP.  Moderator: Kathryn McCarthy, Senior Managing Director,  FTI Technology.

The Evolution of Information Governance: Predictive Governance

Predictive Coding technology has already been successfully used for information Governance including defensible disposal use cases. In this session we will explore how the “train by example” iterative training process can be used to train an information governance system to categorize gigantic unstructured data set quickly and accurately and we will explore how predictive technologies can be used to create highly accurate and consistent automated information governance solutions.

Speakers are: Barclay Blair, ViaLumina; Bennett Borden, Partner and Co-Chair of the Information Governance and eDiscovery Group, Drinker Biddle & Reath; Dean Gonsowski, Vice President, Business Development and Head of Global Information Governance, Recommind.

Have we Reached a “John Henry” Moment in Evidentiary Search?

Humans have always played a large role in document review, but the advent of predictive coding raises significant questions about the role of the human reviewer in the future of ediscovery. Is there room for both human and machine in ediscovery, or are human reviewers, like the great John Henry, doomed to become irrelevant by faster, more efficient machines?

Join us as we discuss the evolving role of the human reviewer as the ediscovery community grows increasingly comfortable with technology assisted review.

Speakers are: Ralph Losey, Jackson Lewis; Cliff Dutton, AIG; Jason R. Baron, Drinker Biddle & Reath.  Moderator: Eric Robinson, Kroll Ontrack.

Discovery Insourcing v. Outsourcing – Finding the Right Balance for Your Organization

As Legal Departments continue to face significant resource constraints, identifying new ways to achieve cost savings and efficiencies can make a real impact.  These savings can often be achieved through implementing new technologies for culling and review, as well as reevaluating the internal and external discovery support model to ensure the right resources are doing the right tasks.  Creative and competitive outsourced pricing models have allowed some to get the best of both worlds – reduced risk and cost predictability combined with the latest technology and scalable resources.   Others have found success with increased insourcing often through better partnerships between Legal and IT and creating centralized functions with skilled discovery resources on hand.  This session will focus on innovative options to strike the right balance between insourcing and outsourcing to achieve high levels of cost savings.

Speakers are: Pamela M. Pearson, Managing Counsel, Wells Fargo; Constance Mockaitis, Manager, eDiscovery Legal Operations, AbbVie, Inc.; Jenya Moshkovich, Associate, Patterson Belknap Webb & Tyler.  Moderator: Stacie Neeter, Senior Director, Huron Legal.

12:30 – 1:30 PM:

Day Two General Session: eDiscovery without the Strings Attached: how the Cloud will Change eDiscovery in 2014 and Beyond – Open to All

Since the inception of eDiscovery, the range of technology solutions available – to help organizations address growing data volumes and rapidly respond to a legal matter – have been somewhat limited.  Options included buying and deploying software for use behind the firewall, or paying a third party to host the technology for you.  The Cloud is changing the paradigm and providing those organizations that don’t have the infrastructure and resources for an in-house solution, or that don’t have the appetite to pay additional fees to a middle man, with a third viable option.  In this session, learn how Cloud-based solutions will change the face of eDiscovery by combining control and flexibility with convenience and cost efficiency.

Panelists are: Timothy Carroll, Partner, Perkins Coie LLP; Alan M. Winchester, Partner, Harris Beach PLLC; Gareth Evans, Partner,Gibson, Dunn & Crutcher LLP.  Moderator: George Tziahanas, SVP, Legal and Compliance Solutions, HP Autonomy.

2:00 – 3:15 PM:

Advice from Counsel: One Small Step for E-Discovery, A Giant Leap for Information Governance?

For the fifth consecutive year, the Advice from Counsel survey captures the top e-discovery trends for corporate counsel of Fortune 1000 companies.  This year the survey focuses on the intersection of e-discovery and information governance. Just as common e-discovery workflow and technology can help legal teams  proactively manage data as part of a broader information governance strategy, these strategies promise to reshape e-discovery practices in the coming years. Whether in-house or outside counsel, attendees will learn how leading-edge companies are approaching information governance and how this will impact legal processes for years to come.

Panelists are: Marla Bergman, Vice President, Associate General Counsel, Goldman Sachs; Anthony Knaapen, Manager of Litigation Discovery, Chevron; Ari Kaplan, Principal, Ari Kaplan Advisors.  Moderator: Sophie Ross, Senior Managing Director, FTI Technology.

The End of Predictive Coding?

2012 was haled as the year of predictive coding. 2013 was declared to be the year of information governance. So as 2014 begins we are faced with the question of what’s next in eDiscovery? In this session we will explore how the concept of predictive coding has evolved and consider if 2014 will mark the end of predictive coding as we know it. Come to learn how the barrier between lawyer and machine is eroding and how real time interaction with advanced analytics is the next big thing in eDiscovery.

Panelists are: Steve Berrent, WilmerHale; Drew Lewis, Recommind.  Moderator: Phil Favro, Recommind.

The Ediscovery Pulse: Metrics You Need to Know

If you have been looking for benchmarks to compare, forecast, or evaluate your ediscovery performance, this session is for you! A panel of judges and ediscovery experts will review and discuss real-time, trended data pulled from thousands of consolidated matters that show key trends and changes in the ediscovery market. Examples of the metrics our panel will discuss include:

• The average number of custodians per matter
• The percentage of data processed that is email
• The average number of produced gigabytes

Panelists are: Wendy Butler Curtis, Orrick; Emily Cobb, Ropes & Gray; Eli Nelson, McKenna Long & Aldridge; Lynn Looby, Dow Chemical.  Moderator: Dean Hager, President & CEO, Kroll Ontrack.

Dispelling Myths: Understanding the Risks of Discovery Outsourcing

Outsourcing discovery is not a new concept in today’s legal landscape. Clients and counsel are always looking for new and innovative ways to balance the duty to preserve and produce information while attempting to add predictability with ever-growing legal expenses. Many law departments have formed strong opinions about whether outsourcing all or some portion of the discovery function is the best approach for their organization. While some view outsourcing as an important part of managing their discovery workload and scaling to meet the unpredictable demand, others shy away from using outside resources. Over time, competing opinions have given rise to confusion, fears and myths that may prevent companies from reaching the most efficient, affordable and effective balance in the discovery process. This session will focus on dispelling the myths often associated with outsourcing and will discuss a range of options, models and lessons learned through years of experience.

Panelists are: Dustin Guzior, Desmarais LLP; David Stanton, Pillsbury Winthrop Shaw Pittman LLP; Tom Mullane, United Technologies Corp. (UTC); Dawson Horn, American International Group (AIG).  Moderator: Royce Cohen, Stroock & Stroock & Lavan LLP.

3:45 – 5:00 PM:

Global Discovery: Asia, Europe and Beyond

Even if you are not handling matters in Asia or Europe today, you will be within the next three years. From country-specific data privacy laws to cultural and language differences, US-based companies and firms have a number of challenges when conducting cost-effective and defensible e-discovery practices overseas. Incorporating survey results from leading e-discovery practitioners in Asia and Europe, this panel will provide US-based attorneys with a framework for managing multinational discovery matters effectively.

Attendees of this session will learn about:

• The evolving data privacy regulatory environment across Asia and Europe
• Common cross border scenarios and key “dos and don’ts” for maintaining data privacy compliance
• Case studies of recent multinational discovery projects and additional resources

Panelists are: Craig Earnshaw, Senior Managing Director, FTI Technology; David Horrigan, Analyst & Counsel, Content Compliance and Legal Technologies,451; Gareth Evans, Partner, Gibson Dunn; Ellen Frye, Litigation Associate, Simpson Thacher & Bartlett LLP; Jennifer Hamilton, Senior & Global eDiscovery Counsel, John Deere.

Navigating the Technology Minefield – Managing Discovery Challenges from the Cloud, Social Media and BYOD

Just as organizations were becoming comfortable managing discovery within traditional IT environments, technology leaps forward, presenting new opportunities and new challenges.  The growth of emerging technologies such as Cloud Computing, Social Media and Bring Your Own Device (BYOD) has enabled organizations to reduce costs, while improving scalability, productivity, visibility, communications and customer service.  These innovations, combined with increasing globalization, also introduce new information management challenges and potentially security and privacy risks.  Today’s environment requires new strategies, governance, policies, procedures and systems to effectively manage data and administer a successful discovery program.

Panelists are: Dan Coppola, Huron Legal; Sabrina Mizrachi, FMC Corporation; Jeff Fuisz, Kaye Scholer.

In addition to these, there are other eDiscovery-related sessions today.  For a complete description for all sessions today, click here.

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

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