eDiscovery Daily Blog

Welcome to LegalTech New York 2016!: eDiscovery Trends

Today is the start of LegalTech® New York 2016 (LTNY) and, for the sixth(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.  If you’re in the New York area, I encourage you to check out the show – there are 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 (also 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 75 hits.  So, there is plenty to talk about!  Sessions in the main conference tracks include:

9:00 – 10:00 AM:

Keynote Panel Discussion – How is Technology Being Used in Today’s Court Rooms and Cases?

In this session, our panel of United States judges describes what they are currently seeing in their courts regarding big data, analytics, eDiscovery and other technologies.  Discussion points include:

  • How are today’s attorneys incorporating these technologies into their cases?
  • How does managing big data and analytics proactively and employing eDiscovery benefit the litigation process?
  • How do judges view emerging technologies such as products that provide judicial intelligence, including the use of predictive analytics in order to gain insight into judicial behavior?
  • What does the future legal technology landscape look like and how should we prepare?

Speakers to include: Erin E. Harrison (Discussion Leader), Editor-in-Chief, Legaltech News, ALM; Hon. James C. Francis, United States Magistrate Judge, United States District Court, Southern District of New York; Hon. Lorenzo F. Garcia, Chief Magistrate Judge Emeritus, United States District Court, District of New Mexico; Hon. Elizabeth D. Laporte, United States Magistrate Judge, United States District Court , Northern District of California; Hon. Andrew J. Peck, United States Magistrate Judge , United States District Court, Southern District of New York; Hon. Pamela Meade Sargent, United States Magistrate Judge, United States District Court, Western District of Virginia.

10:30 – 11:45 AM:

Taking a Step Back Could Leap You Ahead of eDiscovery

While the best of intentions are there, most of us still wait for a lawsuit, investigation, or data breach before we think about eDiscovery.  In fact, 50% of us still manually search across electronic and paper records when it happens.  Just a little bit of proactive planning can go a long way to help you more efficiently access, evaluate, and respond to legal matters.  Join these experts to learn the baby steps you can take towards more holistic information governance.

Speakers to include: Matthew Levy (Discussion Leader), Vice President eDiscovery, Hewlett Packard Enterprise; Gareth Evans, Partner, Gibson, Dunn & Crutcher LLP; Marty Provin, Executive Vice President, Jordan Lawrence; Michael Simon, Principal, Seventh Samurai.

Protecting the Company’s Crown Jewels in the Age of Information Security Threats

Is all enterprise data created equal? If not, should all enterprise data have the same protections? The ethical pitfalls of well-publicized data breaches, from customer credit card data to employee health records, highlight the increasing need for companies to better secure truly sensitive data. Developing a tiered approach to protecting the company’s “crown jewels” can help reduce costs as well as reduce the risk of future breaches. Hear from a panel of industry experts, including in-house legal and information governance executives, as they discuss the different strategies at work with a “crown jewels” approach and practical steps your organization can take to minimize information security threats.

Speakers to include: Jake Frazier (Discussion Leader), Senior Managing Director, FTI Technology; Michael Lisi, Director of Litigation Support, Fidelity Investments; Sylvan “Sibito” H Morley III, Vice President of IT Infrastructure and Operations, DaVita Kidney Care; Gail Rodgers, Partner, DLA Piper, Jason Stearns, Director, Legal and Compliance Group, Blackrock.

Controlling the Total Cost of Discovery: Tools, Rules, and Accruals

The Great Recession may be over, but the pressure on corporate counsel to keep reducing litigation costs has not subsided. And as volumes of electronic information grow, the expense of dealing with that information in discovery remains a substantial portion of litigation budgets. In this CLE program, legal department professionals will explore three strategies for controlling discovery costs –

  • Tools: How to cut the cost of e-discovery programs by incorporating efficiency-boosting analytics tools into standardized, routine workflows.
  • Rules: How to leverage new amendments to the Federal Rules of Civil Procedure, which hold the promise of reducing costs by increasing the focus on proportionality in discovery.
  • Accruals: How to better understand—and contain—discovery costs by strategically collecting and analyzing discovery-related fees billed by law firms and other service providers.

Speakers to include: Jeanne Somma (Discussion Leader), Discovery Practice Director, DiscoverReady; Marla Bergman, Vice President, Associate General Counsel , Goldman Sachs; Scott Coonan, Senior Director of IP, Litigation & Strategy, Juniper Networks; John Marchese, Executive Director & Associate General Counsel , CME Group; Thane Vallette, Associate General Counsel, HP.

How is the New What:  Re-Thinking Legal Work

This CLE session will address a fundamental shift caused by the impact of technology on the practice of law.  The real technology innovations today are not about the speed, efficiency, or cost of what lawyers do.  They are all about re-thinking how legal work is delivered in the first place.   It will take a long-term view of a wide variety of technologies and aspects of change in the industry, including the structure of legal work and legal services organizations.

It will address aspects of change including:

  • The legal tech startup landscape, and the areas where they are having most impact
  • The new structure of the industry, with more players that aren’t traditional law firms
  • The rise of the legal operations function in in-house law departments and its impact
  • The impact of technology on courts and access to justice
  • Blockchain technology and the prospect of smart contracts
  • The evolving design of legal services and business models in the industry

Speakers to include: Joe Borstein, Esq., Global Director, Pangea3, Thomson Reuters Legal, David Curle, Director, Strategic Competitive Intelligence, Thomson Reuters Legal.

12:30 – 1:30 PM:

TAR 2.0 for Smart People: Moving Beyond E-Discovery Review

Once controversial, Technology Assisted Review (TAR) has gained judicial acceptance and is increasingly used for production reviews. Today, the challenge is to take TAR to the next level, using it for a variety of purposes including early case assessment, inbound productions, privilege protection and more.

Smart legal professionals are using a new protocol called Continuous Active Learning (CAL), which has proven more effective than first-generation TAR engines. With CAL, the system gets smarter as review progresses. That means you find relevant documents more quickly and at lower cost. In addition, CAL is simpler and more flexible, solving TAR 1.0 limitations in dealing with rolling deliveries and low-richness collections.

Join our panel of e-discovery veterans for an informative look at how corporations, government agencies and their law firms are taking advantage of the power of TAR 2.0 with CAL to move beyond simple e-discovery review. Topics include:

  • An introduction to CAL: How it works with TAR 2.0 and why it matters
  • Making TAR 2.0 the standard at your law firm: An e-discovery lawyer’s perspective
  • TAR 2.0 for corporate litigation: in-house and outside counsel’s views, and
  • TAR 2.0 for government agencies: Adapting new procedures in a government setting.

In this hour, we take a hard look at the future of TAR for 2016 and beyond. Attendees will receive a free copy of the newly released second edition of Catalyst’s popular book, “TAR for Smart People: How Technology Assisted Review Works and Why It Matters for Legal Professionals.”

Speakers to include: John Tredennick (Discussion Leader), CEO and Founder, Catalyst Repository Systems, Inc.; Diane Barry, Assistant Attorney General/eDiscovery Attorney, Office of the Attorney General, Commonwealth of Massachusetts, Dera J. Nevin, Director, eDiscovery Services , Proskauer Rose LLP, Daniel J. Polatsek, Partner, Katten Muchin Rosenman LLP, Sharyn M. Procaccio, Vice President, Assistant General Counsel, Hunt Companies, Inc.

2:00 – 3:15 PM:

Ditch That Data to Mitigate Risk and Reduce Legal Spend

The volume of your data increases 40% every year.  Manual processes and legacy systems simply can’t keep up.  Learn practical knowledge on how people, process, and technology can help your organization create a leaner, more value driven information store while mitigating risk and reducing legal spend.

Speakers to include: Greg Clark (Discussion Leader), Chief Field Technologist, Hewlett Packard Enterprise; Barclay T. Blair, Founder & Executive Director , Information Governance Initiative; Mark W. Cowing, Partner, Shook, Hardy & Bacon LLP; Michael Simon, Principal, Seventh Samurai.

Using Analytics in E-Discovery; Swim Instead of Sink in the Era of Big Data

Many generally understand the concept of analytics, but don’t know how to apply these technology advancements to achieve practical benefits during the e-discovery process. Data mining technology, and the visual representation of mined data, offer a paradigm shift for how legal teams can uncover key facts. These technologies can quickly and effectively reveal the small subset of critical data in a universe of hundreds of millions of emails, effectively circumventing comprehensive review or greatly accelerating the review process. Attendees will learn about common analytical and visualization technology and how practitioners are applying these tools to speed fact-finding, reduce e-discovery costs and avoid ethical pitfalls.

Speakers to include: Kathryn McCarthy (Discussion Leader), Senior Managing Director, FTI Technology; Nia Castelly, E-Discovery Counsel, Google; Sandra Rampersaud, Litigation Attorney, Cravath; Jessica Ross, Vice President, Litigation & Regulatory, Deutsche Bank.

Innovation or Inertia in eDiscovery: How Far Have We Come and Where Do We Need to Be?

Once, the very idea of eDiscovery itself was innovative. Today, we are years beyond eDiscovery as a novel concept, but some would argue that true innovation in the industry has been slow to arrive. Yet, innovation is critical to our ability to meet increasingly demanding regulatory requirements, manage constantly escalating costs, and control ever-evolving risks. The panel will discuss innovation in eDiscovery from the perspective of corporate users. Panelists will discuss how their current workflows have kept up with rapidly changing technology and increasingly stringent cost pressures. The discussion will address some of the key challenges facing the industry in the next five years and what types of innovation will be needed to overcome them, as well as the factors that will enable or stifle that innovation.

Speakers to include: Priya Keshav (Discussion Leader), Managing Director, KPMG LLP; Jeff Nass, Senior Counsel, eDiscovery, Boehringer Ingelheim, Kara Ricupero, Head of eDiscovery and Records and Information Management, eBay, Brett Tarr, Counsel and Director of Ediscovery, Caesars Entertainment Corporation.

Away With Words: The Myths and Misnomers of Conventional Search Strategies

Unparalleled advances in computing power and the ability to rapidly analyze data have been major drivers of business growth in the information economy. Traditional businesses have also come to rely heavily on analyzing data rapidly to make business decisions. This—while the volume, variety and velocity of data is increasing exponentially. One sector that has noticeably lagged behind is the legal industry. Relying on decades-old tools, technology and processes will not meet the challenges of finding, analyzing and deriving knowledge from the data deluge we are experiencing. This has to change. Fortunately, it is about to.

Speakers to include: Tom Barnett, Special Counsel eDiscovery and Data Science, Paul Hastings LLP; Ed Sohn, Sr. Director, Client Services, Thomson Reuters Legal.

3:45 – 5:00 PM:

Don’t Let Your Information Undermine Cybersecurity

Security is not a corporate IT problem, and failure to address it risks not just fines and financial loss, but long-term brand erosion.  The information governance you implement provides a critical understanding of the what, where, and who of your or your clients’ data that can move you closer to preemptive cybersecurity.  This session discusses how an end-to-end information governance strategy can help you protect your data assets and ethical obligations to your clients’ security.

Speakers to include: Doug Weiner (Discussion Leader), Senior Counsel, Cyber Security, Hewlett Packard Enterprise; Joseph S. Abrenio, Vice President, Delta Risk LLC, A Chertoff Group Company; Martha Berek, Associate General Counsel, IT & Corporate Operations, United Technologies Corporation; James A. Merrifield, Information Governance Manager , Robinson & Cole LLP; Julia Montgomery, Solution Architect, Onguard Security Awareness, Traveling Coaches, Inc.

Advice from Counsel: How Legal Departments are Innovating & Disrupting the E-Discovery Process

Alternative billing models. Microsoft Office 365 and other cloud data sources. Cross-border litigation. The rise of machine learning and AI. From technical needs to business processes, the legal industry is riding the wave of innovations affecting the greater technology landscape. How are leading in-house legal teams adapting and evolving in their strategies to handle or even drive these disruptive forces? And what implications do these innovations have for the law firms that serve them? This session will feature results from the 2016 Advice from Counsel study on the disruptive forces affecting corporate counsel as well as strategies and hacks for embracing changes in legal technology for 2016 and beyond.

Speakers to include: Sophie Ross (Discussion Leader), Senior Managing Director, FTI Technology; Marla Bergman, Vice President, Associate General Counsel, Goldman Sachs; Kelly Clay, Senior Counsel and Director of Information Management , GlaxoSmithKline; Magistrate Judge Paul Singh Grewal, United States District Court , Northern District of California; Dera J. Nevin, Director, eDiscovery Services, Proskauer Rose LLP; Jessica Richheimer, Associate, Ropes & Gray.

Information Governance in Action: Data Reduction

This panel of distinguished information governance leaders will detail drivers for defensible data reduction and how its link to larger data governance and big data concerns make data reduction corporate requirement. Actual global governance designs, implementations and use cases will be detailed. The presentation and discussion will include details on secure, compliant data reduction around the full universe of information governance needs, and how to justify budget. The presentation will incorporate specific industry knowledge, experience and leading practices that have led to actionable recommendations for Fortune 100 global organizations. It will detail how data reduction is a mitigating factor against privacy, confidentiality and intellectual property breaches due to large and unmanageable information volumes. It will also include a discussion of how organizations have benefitted from Information Governance development and implementation.

Speakers to include: Steve Stein (Discussion Leader), Principal, KPMG LLP; Richard P. Kessler, Executive Director, Information Lifecycle Governance, UBS, David Smythe, Information Lifecycle Management; Firmwide Data Management, JPMorgan Chase, Jason Stearns, Director, Legal and Compliance Group, Blackrock.

Managing Data Security and Privacy in Litigation: Securing Every Link in the Chain

It’s difficult enough to effectively secure private and sensitive information within a company’s own four walls; when information flows into litigation discovery, weak links in the data security chain create substantial additional risk. In this CLE program, in-house counsel and e-discovery professionals will discuss how they manage this risk and protect the company’s valuable data assets. The panelists will address:

  • Data security expectations for e-discovery providers and law firms;
  • Measures to protect information turned over to opposing parties and the court; and
  • Effective ways to screen for uber-sensitive information like trade secrets, source code, unreleased products, and personally identifying information.

Speakers to include: Amy Hinzmann (Discussion Leader) , EVP, DiscoverReady; Ruth Hauswirth, Special Counsel and Director of Litigation and E-Discovery Services and Senior Attorney, Cooley LLP, Allan Hsu, Director, eDiscovery/Litigation, Fannie Mae, Chris Sitter, EnCE, eDiscovery & Digital Forensics Senior Manager, Juniper Networks, Michelle Spak, Associate General Counsel, Duke Energy Corporation.

The Ediscovery Question Challenge, If You Choose to Accept

Do you have an ediscovery ‘headache’ that will not subside?  Are you perplexed by an ediscovery question that seems to have no answer? Do you want expert advice, but don’t want to pay consultancy rates?  Join our session to ask the assembled panel of ediscovery experts the seemingly impossible and difficult questions.  They like a challenge, so if you are currently dealing with pricing or budgeting issues, poorly managed processes, or just have a complex data nightmare – submit your toughest questions to our panel of ediscovery experts (they can handle it).  Maybe you don’t have an impossible question, that’s great!  You are welcome to ask a random ediscovery question, or request more information around a nuanced ediscovery topic during this interactive session.  The most-challenging question just might win a prize.  Is this a challenge you are willing to accept? If so submit your questions here:  http://lms.tr.com/LTNY2016

Speakers to include: Greg McPolin (Discussion Leader), COO, Thomson Reuters; Scott Reents, Senior Associate and Discovery Counsel, Clearly Gottlieb Steen & Hamilton LLP; Ed Sohn, Sr. Director, Client Services, Thomson Reuters Legal; Martin Tully, Partner, Akerman LLP, Skip Westfall, FVS Managing Director – FTS Practice Leader, Grant Thornton LLP.

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

eDiscovery Daily will also be “tweeting” periodically throughout LTNY, so feel free to check out our updates at twitter.com/Cloud9Discovery.

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.

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.