eDiscovery Daily Blog

• February 4, 2016

As noted yesterday and Tuesday, LegalTech® New York 2016 (LTNY) is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  This is the last day 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 174 exhibitors providing information on their products and services.

While at the show, we will (for the sixth year in a row!) be interviewing several industry thought leaders to see what they think are the significant trends for 2016 and, which of those are evident at LTNY.  After the show, we will announce the series of thought leader interviews and identify when each will be published.  Mark your calendars!

Perform a “find” on today’s LTNY conference schedule for “discovery” or “information governance” and you’ll get 41 hits.  So, there is plenty to talk about!  Sessions in the main conference tracks include:

9:00 – 10:00 AM:

Keynote Panel Discussion – Private Network Servers, Deleted Emails & Texts and Other Controversies in the News

• Investigations into the State Department’s emails, the Fort Lee lane closure controversy and Deflategate: What do we know, and what would eDiscovery experts have advised to avoid each of these issues?
• What laws apply to public records on private networks?
• How should we deal with shadow IT applications (the use of commercial services for corporate and government business), beyond just having a BYOD policy?
• Are institutions losing control of their ability to find and access records?
• Comingling business, personal and public records: Can the knot be untied? Where is the line separating personal data?

Speakers to include: Daniel J. Capra (Discussion Leader), Reed Professor of Law, Fordham Law School; Jason R. Baron, Information Governance and eDiscovery Group, Drinker Biddle & Reath LLP, Former Director of Litigation, National Archives and Records Administration; Edward B. MacMahon, Jr., Attorney, Edward B. MacMahon, Jr., PLC Hon. Shira A. Scheindlin, United States District Judge , United States District Court , Southern District of New York.

10:30 – 11:45 AM:

Civil Litigation: Unique Considerations of a Federal Civil Investigation and Impact of Revised FRCP

There are legal and strategic e-discovery challenges at each stage of an investigation.  The government stresses communication, expertise, and planning.  Understanding of the scope of claims, preservation issues, and search strategies can often set the tone for an entire case.  This panel will address how the new amendments to the Federal Rules of Civil Procedure will affect litigation with the federal government, how new technology is changing old discovery, and provide practical suggestions on how to engage the government if you become involved in a civil investigation.

Speakers to include: George Kiersted (Discussion Leader), President, Kiersted Systems; Christopher Belen, Senior Litigation Counsel for E-discovery , US Department of Justice-Civil Division; Robert L. Levy, Counsel – Civil Justice Reform and Law Technology, Exxon Mobil Corporation; Allison Stanton, Director of E-Discovery, FOIA and Records, US Department of Justice-Civil Division, Joshua Wood, Director, Office of Litigation Support, US Department of Justice-Civil Division.

What Happened to the US/EU Safe Harbor?  The Tension Between Privacy and Business Efficiency for Multinational Corporations

• Overview of the CJEU’s Safe Harbor ruling and its impact on multi-national corporations
• Common-sense, practical steps that can help an organization deal with the current ambiguity and to mitigate exposure of EU resident data housed in the US
• What’s on the horizon – will there be a Safe Harbor 2.0? What will it look like?

Speakers to include: Robert D. Brownstone, Technology & eDiscovery Counsel and Chair, Electronic Information Management (EIM) Group, Fenwick & West LLP; Chris Dale, The e-Disclosure Information Project; Kenneth N. Rashbaum, Partner, Barton LLP; Amie Taal, Vice President of Digital Forensics and Investigations, Deutsche Bank; Richard Vestuto, Director – Deloitte Discovery, Deloitte Advisory.

Dancing with the Stars of eDiscovery: Case Studies in eDiscovery Powered by Analytics

eDiscovery practitioners have paired up with their software vendors to show their best litigation dance steps as they each present case studies in eDiscovery powered by analytics. See how clients saved millions of dollars and countless person-hours by putting analytics in motion with the grace and elegance of Fred Asaire and Ginger Rogers.

Hear firsthand how iControl ESI danced through 5.5 million documents partnered with Ipro Eclipse to reduce the corpus to a few thousand.  See how Paragon two-stepped a single 7 TB data set for two different cases using iCONECT Xera to save $1.5 million in review costs for the second case. Marvel at how McDermott Will & Emery tangoed with kCura’s Relativity to save millions in review fees during the Anheuser-Busch InBev merger investigation by the Department of Justice. And awe at Altep’s effortless legwork as Denton LLP reduced a 35k document set to less than 1% in less than 20 days, all with the sophisticated capabilities of advanced analytics.

Speakers to include: Ari Kaplan (Discussion Leader), Founder, Ari Kaplan Advisors; Iram Arras, Vice President, Product Strategy, iCONECT; Jacob Cross, Customer Success Workflow Consultant, kCura; Michelle Drucker, Litigation Paralegal, Dentons; Drew Lewis, Vice President of Innovation, General Counsel, Paragon; Hunter McMahon, JD, CIPT, Vice President of Legal & Consulting Services, Altep; Mike Schubert, Chief Operational Officer, Ipro; Alison Silverstein, Managing Director, McDermott Discovery; Mark G. Walker, Sr., eDiscovery Consultant, iControl ESI.

12:15 – 1:30 PM:

How E-Discovery is Different and How Social Media and Recent Decisions Affect the Landscape

The rules, risks, and responsibilities for Criminal investigations are different from E-Discovery in Civil Cases. Emerging trends in technology and in particular the impact of social media present challenges and opportunities.  This panel will address recent developments including the Second Circuit’s decision in Ganais. It will provide practical suggestions on how to engage the government if you become involved in an investigation, how to navigate the unique rules and e-discovery issues involved in criminal investigations, and why you need to be prepared.

Speakers to include: George Kiersted (Discussion Leader), President, Kiersted Systems; Curt Bohling, Assistant United States Attorney, Chief, Monetary Penalties Unit, United States Attorney’s Office for the Western District of Missouri; Tracy Greer, Senior Litigation Counsel for E-Discovery, US Department of Justice- Antitrust Division; John Haried, Assistant US Attorney, Colorado and Senior Litigation Counsel for Criminal eDiscovery, EOUSA, US Department of Justice; Kathleen Stimpson, Litigation Technology Manager, US Attorney’s  Office, District of Massachusetts.

Information Governance and the Updated FRCP: Speed, Proportionality, Preservation and Ethical Challenges

• How will the FRCP changes alter legal strategies in the discovery process and thus the information governance efforts necessary to support those strategies?
• Mapping and categorizing data sets proactively will help information governance professionals identify and preserve potentially relevant information more quickly when the inevitable lawsuit ensues.
• Defending the identification and preservation processes will depend on effective information governance disciplines while preparing for litigation.
• Navigating potential ethical challenges with regard to advice on data retention and disposition in light of the updated Rules.

Speakers to include: Robert D. Brownstone, Technology & eDiscovery Counsel and Chair, Electronic Information Management (EIM) Group, Fenwick & West LLP; Julie Colgan, CRM, IGP, Head of Information Governance Solutions, Nuix; John Isaza, Partner, Rimon PC, Jason Stearns, Director, Legal and Compliance Group, Blackrock.

Consumerization and eDiscovery: How Pandora, Netflix and Amazon are Changing eDiscovery Expectations through Analytics

Consumer applications such as Pandora music service, Netflix and Amazon have changed the way we expect information to be presented to us as consumers. We expect them to know what we’re looking for, anticipating our needs based on what we’ve liked in the past, powered by advanced analytics.

Litigation practitioners and corporate counsel should expect the same from their eDiscovery software – finding what they’re looking for without having to specifically ask for it by name.  Use predictive coding to find similar documents and tag them as responsive or privileged.  Come see real life examples of how sophisticated advanced analytics are used in eDiscovery much like they are with consumer applications used by hundreds of millions of people every day, to more intelligently and efficiently process massive amounts of data into manageable and cost-effective collections.

Speakers to include: Ari Kaplan (Discussion Leader), Founder, Ari Kaplan Advisors; Jeff Fehrman, Chief Strategy Officer, Mindseye; Jawahar Jaddu, Director, Product Management, Consilio; Collin Miller, Director of RiskcoveryServices, Altep.

2:00 – 3:00 PM:

Incident Readiness: The Role of Information Governance in Mitigating Breach Exposure

• Information breaches are increasingly common. In today’s business environment, information is power, and those who control information have the most power.  Bad actors are incentivized to break in, or recruit insiders, to steal data – to sell identities on the black market, as hacktivists to make a socio-political statement, as disgruntled employees and customers to get back at a corporation they think wronged them.
• In most of the recent high-profile data breaches, the bad actors were in the systems for a long time, acting unbeknownst to their victim and with little resistance; and the scope of the breaches were difficult to quickly ascertain. Most security experts agree that perimeter security is important but isn’t near enough – so what else can we do?
• In this session our expert panel will explore the relationship between Information Governance and Information Security and answer important questions such as:
  • What role can IG play in helping companies detect breaches more quickly and have greater confidence that they can identify the information that was at risk or stolen?
  • How can IG support an organization’s ability to establish better security protocols and processes?
  • What disciplines exist in a mature IG program that can aid in evaluating the impact of a breach?

Speakers to include: Robert D. Brownstone, Technology & eDiscovery Counsel and Chair, Electronic Information Management (EIM) Group, Fenwick & West LLP; James Arnold, Managing Director, Forensic Services, KPMG LLP; Ari Kaplan, Founder, Ari Kaplan Advisors, Peter Miller, Senior Counsel, Crowell & Moring LLP, Chris Pogue, Senior Vice President, Cyber Threat Analysis , Nuix.

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 attend 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. 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.