eDiscovery Daily Blog

• January 30, 2013

As noted yesterday, LegalTech® New York 2013 (LTNY) is happening this week and eDiscoveryDaily 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 (both paid and free) available and over 225 exhibitors providing information on their products and services, including (shameless plug warning!) CloudNine Discovery™ at booth 2006.

While at the show, we will also be interviewing several industry thought leaders to see what they think are the significant trends for 2013 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 34 hits.  More eDiscovery sessions happening!  Here are some of the sessions in the main conference tracks:

10:30 – 11:45 AM:

E-Discovery and the Cloud – A Checklist for Success

What is your organization’s cloud strategy? For all of the benefits of cloud computing – from reduced infrastructure to greater accessibility – new challenges are emerging for the e-discovery process. From preservation to security, legal and IT teams need to weigh the new responsibilities and opportunities available with cloud applications.

To assist in the evaluation process, this session will discuss:

• Key legal considerations for moving to the cloud, including the differences between public and private clouds
• Key technical considerations for moving to the cloud, including security, 24/7 access and data privacy
• Effectively negotiating service level agreements with cloud providers

Panelists are: Joel Jacob, FTI Technology; Caroline Sweeney, Dorsey & Whitney; Greg Buckles, eDiscoveryJournal; Mark Browne, Practice Support Regional Manager – Eastern Region, Paul Hastings.

Are We Here to Bury Search Terms?

“I come to bury Caesar, not to praise him. The evil that men do lives after them; the good is oft interred with their bones.” – William Shakespeare

Many pundits today are suggesting that search terms may be inadequate for locating truly relevant information in litigation. But do search terms still have a place in the e-discovery process? Are we “interring the good” without adequate thought? This session will cover the use of search terms in litigation, as well as discuss using technology assisted review in order to balance both cost and risk in responding to discovery requests in litigation and governmental investigations.

Panelists are: Rob Kidwell, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Gail Foster, Baker Botts; Matthew Baker, Bracewell & Giuliani; David Chaumette, Chaumette PLLC; The Honorable Andrew J. Peck, United States Magistrate Judge, Southern District of New York.  Moderator: Carolyn Southerland, Huron Legal.

Creative EDiscovery Problem Solving

There is no right answer. There is no wrong answer. There is only the BEST answer. This session will help you find the best possible solution to your ediscovery problems. In this brainstorm power session, you will:

 

• Tackle the latest ediscovery problems
• Develop action plans
• Discuss meaningful ways to implement solutions

Panelists are: David Yerich, Director of Ediscovery, United Health Group; Martha Harrison, Ediscovery Attorney, Ropes & Gray; Rachel Rubenson, Assistant Vice President – Legal, Barclays.  Moderator: Jonathan Sachs, Regional Manager, Kroll Ontrack.

12:30 – 1:30 PM:

Meaning Based eDiscovery: Case Studies and Lessons Learned from the Use of Predictive Coding and Advanced Analytics

Traditional document discovery and linear review methods are no longer cost effective, let alone practical, for matters of all sizes. Too much valuable staff time and client dollars are sunk in an ocean of email. Join this session to hear best practices and real-life examples from leading law firms and thought leaders on a meaning-based approach to computer assisted review – how it is used today to optimize review and production and help lawyers improve cost and work product quality in the eDiscovery process.

Panelists are: Thomas A. Lidbury, Partner, Drinker Biddle & Reath LLP; Alan Winchester, Partner, Harris Beach PLLC; Jennifer Keadle Mason, Esq., Managing Partner, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP; George Tziahanas, SVP, Legal and Compliance Solutions, HP Autonomy; Maura R. Grossman, Counsel, Wachtell, Lipton, Rosen & Katz.

2:00 – 3:15 PM:

E-Discovery in 2015 – How Corporations Will Do More with The Right Blend of Lawyers, Economics, Statistics and Software (LESS)

What will predictive coding’s long-term impact be on e-discovery and the legal profession? What will be the right balance of people, processes and technology in a mature and fully optimized e-discovery program? This interactive roundtable discussion will bring together legal professionals, academics, economists and statisticians to share the e-discovery industry roadmap and what corporations and law firms can do today to plan for e-discovery in 2015.

Attendees of this session will learn:

• The long-term roadmap for e-discovery software development, including predictive coding
• The key skills and training attorneys will need in order to effectively manage e-discovery, including statistics
• Advice on how legal teams can plan and prepare for e-discovery in 2015

Panelists are: Joe Looby, FTI Technology; Judge Faith Hochberg, United States District Court for the District of New Jersey; Dawn Hall, FTI Consulting; Daniel Martin Katz, Michigan State University.

The Evolving Role of Analytics

There has been much discussion of the evolution of analytics. For years various analytic tools have been used to QC productions after human review, and now both sides are relying on analytics of various types to find the key documents in a matter. The Da Silva Moore and Kleen Products cases have shown us that parties—and judges – can disagree on the best processes for locating potentially relevant documents. What do the rules require? Are parties obligated to be transparent in their processes to show that their methods are reasonable? If the standard is reasonableness, what does the reasonable standard require?

Panelists are: Paul Zimmerman, Christian & Small; David Chaumette, Chaumette PLLC; Hon. Ron Hedges, Former US Magistrate Judge; Sarah Jane Gillett, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.  Moderator: Carolyn Southerland, Huron Legal.

A Live Simulation: TAR, CAR, IRT, Predictive Coding

This teaching exercise will involve audience participation so be ready to take part in this revolutionary experience. Your assistance categorizing documents, debating defensibility and more will help mold future TAR thinking.

Panelists are: Ralph Losey, Partner, Jackson Lewis; Jason R. Baron, Director of Litigation, National Archives and Records Administration.  Moderator: Chris Wall, Senior Director, Kroll Ontrack.

3:45 – 5:00 PM:

Advice from Counsel: Trends that Will Change E-Discovery (and what to do about them now)

For the fourth consecutive year, corporate counsel of Fortune 1000 companies are sharing their thoughts on e-discovery, and this year the focus is on the evolving trends that will impact the legal industry for years to come. From incorporating analytics for greater legal review productivity, to effectively managing a “Bring Your Own Device” (BYOD) workplace environment, attend this session to learn about where e-discovery is going, and what you can do today to better prepare for these changes.

Discussion topics to include:

• The legal and technical ramifications of a Bring Your Own Device (BYOD) environment
• The role of analytics in improving legal review
• Going on offense against Big Data
• The future of information governance

Panelists are: Ari Kaplan, Ari Kaplan Advisors; Sophie Ross, FTI Technology; Mai Pham Robertson, Fannie Mae; Vincent Miraglia, Chief Counsel for Litigation, International Paper; Daniel Boland, Associate, Pepper Hamilton LLP.

Will Technology Assisted Review Save Money?

The studies comparing other methods of search to technology assisted review (predictive coding) show that the use of TAR results in the identification of fewer non-relevant documents and a larger percentage of potentially relevant documents compared to methods such as keyword search. So why do we assume that the use of TAR will result in cost savings? Will there really be less data to go to human review, or can human review be avoided? Are further analytics required?

Panelists are: Ignatius Grande, Hughes Hubbard & Reed LLP; Sarah Jane Gillett, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.; Paul Zimmerman, Christian & Small; Rob Kidwell, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.  Moderator: Hon. Ron Hedges, Former US Magistrate Judge.

A Panel of Experts: A Candid Conversation

A panel of expert judges and lawyers will discuss cutting edge ediscovery challenges. Bring your questions for prestigious members of the bench and bar.

Panelists are: Honorable Lisa Margaret Smith, United States Magistrate, Southern District of New York; Honorable James C. Francis, United States Magistrate, Southern District of New York; Honorable Frank Maas, United States Magistrate, Southern District of New York.  Moderator: Anthony J. Diana, Partner, Mayer Brown.

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?  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.