eDiscovery Daily Blog

• February 1, 2012

As noted Monday and yesterday, LegalTech New York 2012 (LTNY) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show.  Last chance to check out the show if you’re in the New York area!  The weather is great and there are still several sessions (both paid and free) available and over 225 exhibitors providing information on their products and services.

As noted the past two days, we have been interviewing several industry thought leaders to see what they think are the significant trends for 2012 and, which of those are evident at LTNY.  We have conducted several exciting interviews and will announce the series of thought leader interviews after the show and identify when each will be published.  Mark your calendars!

Perform a “find” on today’s LTNY conference schedule for “discovery” and you’ll get 35 hits (short day).  Here are some of today’s sessions in the main conference tracks:

10:30 – 11:45 AM:

Technology Assisted Review (TAR): When to Use It and How to Defend It

How do you know whether the case you have before you is an appropriate one for TAR? What do you need to know in order to ensure that your implementation of TAR is defensible?

Judge Andrew Peck has written that computer-assisted coding should be used in those cases where it will help further the goals of FRCP 1 to "secure the just, speedy, and inexpensive" resolution of cases. We will examine this question through the lens of the legal discovery framework that guides parties and courts alike in all federal litigation: the Federal Rules of Civil Procedure. In addition, since the best defense for any search methodology is always agreement between the parties, we will also discuss the Sedona Cooperation Proclamation.

Audience members will leave this session with an understanding of what questions need to be asked and answered to determine when TAR should be a part of the overall litigation strategy and how that decision can be defended.

Panelists are: Maura R. Grossman, Counsel,  Wachtell, Lipton, Rosen & Katz; The Honorable Frank Maas, United States Magistrate Judge for the Southern District of New York.  Moderator: Ann Marie Gibbs, Esq., National Director of Consulting, Daegis.

Moving from a Reactive to a Proactive Approach in International eDiscovery

The majority of companies in the US are still reacting to eDiscovery requests. However, given the increasing awareness of proactive eDiscovery benefits, more and more are adapting a more aggressive proactive strategy. Companies that operate globally as well as those headquartered outside the US are catching up quick as well, but complexities associated with global litigation readiness make this task infinitely more challenging due to vast differences in local laws in regards to document retention and information management regulations. This session will focus on developing proactive global document retention policies, assuring multi-jurisdictional compliance as well as best practices of global data preservation as well as other proactive techniques assuring success of any global eDiscovery project.

Speaker is: Owen O'Connor, Managing Director, Cernam Online Evidence.  Moderator: George Rudoy, Founder & CEO, Integrated Legal Technology, LLC.

The GARP® Principles and eDiscovery

Attendees will hear from experts on the GARP Principles and eDiscovery as well as:

• Understand the importance of proactive records management through the eight GARP® Principles
• Revisit the GARP® Principles and learn how their role is magnified by recent case law
• Learn what to do before eDiscovery: how GARP® precedes and complements the EDRM

Panelists are: Julie J. Colgan, CRM, Director, Information Governance, Client Advisory Services, Merrill Corporation; Fred Pulzello, CRM, Board of Directors, ARMA International and George J. Socha, Jr., Esq., President, Socha Consulting.  Moderator: Howard Sklar, Senior Corporate Counsel, Recommind.

11:45 AM – 12:45 PM:

Litigation Preparedness Through Effective Data Governance

Be prepared. This panel will go through the benefits of data governance in your litigation preparedness and discuss benefits such as:

• Auto-classification of legacy and newly created content
• What is email management and is it ready for prime-time?
• Review the court's findings on the complexities of ESI, including metadata, native formats, back-up tapes, mobile devices, and legacy technology
• Key questions to ask before outsourcing ESI to the cloud

Panelists are: Michael Mills, CEO, Neota Logic; Alice McNeil, Chief Information Officer, Littler Mendelson; Fred Pulzello, CRM, Board of Directors, ARMA International; Derek Schueren, GM Information Access & Governance, Recommind and George J. Socha, Jr., Esq., President, Socha Consulting.  Moderator: Nick Patience, Director, Product Marketing & Strategy, Recommind.

1:45 – 3:00 PM:

Technology Assisted Review (TAR): Opening, Exploring and Bringing Transparency to the Black Box

It's time to set the record straight on technology assisted review (TAR). Some people object to what they mistakenly believe is the "black box" nature of the technology, while others are hesitant to adopt an approach that they perceive as novel. This panel will dispel the myths, clarify the definitions, and shed light on the so-called "black box" of technology assisted review.

Some audience members may be surprised to learn that technology assisted review is nothing new. Search and clustering technology, for example, have been commonplace for many years. The phrase "technology assisted review" simply refers to a more efficient use of people, process, and technology that is the next evolutionary step in electronic discovery. As with other legal technologies, human expertise and a proven workflow are the keys to success. This panel will clearly explain what technology assisted review is all about so that you can make an informed decision about adopting it in your organization.

Panelists are: David Horrigan, Analyst, eDiscovery and Information Governance, The 451 Group; David Leone, Esq., Director of Litigation Support Services, Saul Ewing LLP; Douglas W. Oard, Ph.D., University of Maryland College of Information Studies; Doug Stewart, Director of Technology, Daegis and Mike Stringer, Co-Founder & Managing Partner, Datascope Analytics.

Practical Handbook of Conducting eDiscovery – Tips and Tricks

An educational panel shares their knowledge on conducting a global eDiscovery initiative. Unique solutions to challenges in selected countries and regions as well as cross jurisdictional data movement will be discussed. Navigating unique cultural and procedural obstacles, handling multi-lingual data sets as well as strategic positioning of hosting data centers are just a few topics to be covered during this informative and interactive session.

Speaker is: Owen O'Connor, Managing Director, Cernam Online Evidence.  Moderator: George Rudoy, Founder & CEO, Integrated Legal Technology, LLC.

eDiscovery Circa 2015: Will Aggressive Preservation/Collection and Predictive Coding be Commonplace?

Who's holding back on Predictive Coding, clients or outside counsel? This session will discuss if aggressive preservation/collection of predictive coding will become commonplace as well as:

• How aggressive should clients be with preservation/collection?
• How to use effective searching, sampling, and targeting tools and techniques to not over-collect

Panelists are: Stephanie "Tess" Blair, Partner, Morgan Lewis; Julie J. Colgan, CRM, Director, Information Governance, Client Advisory Services, Merrill Corporation; David Kessler, Partner, Fulbright & Jaworski; Ralph C. Losey, Partner and National e-Discovery Counsel, Jackson Lewis, LLP and Robert Trenchard, Partner, WilmerHale.  Moderator: Craig Carpenter, VP of Marketing, Recommind.

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?  What did you think of the show this year?  Please share any comments you might have or if you’d like to know more about a particular topic.