eDiscovery Daily Blog

Welcome to Relativity Fest 2019!: eDiscovery Trends

CloudNine at Relativity Fest 2019

The 2019 Relativity Fest conference is here!  Actually, it started yesterday, with a few events, including the Welcome Reception.  Today, we have a full slate of sessions to talk about and CloudNine is once again here as a Sponsor and Exhibitor.  Let’s check out some of the sessions lined up for today.

This year, Relativity Fest is October 20 through October 23 in Chicago at The Hilton Chicago (a full three weeks later than last year). If you’re in the Chicago area, you can still make it for nearly all of the conference or attend on a one-day pass.  As a development partner in the Relativity ecosystem, CloudNine will once again be the conference and will be there to provide demonstrations of our product interconnections with Relativity.  Also, I will be covering the show for eDiscovery Daily, and I’m delighted to say that I will also once again be speaking at a session at the conference tomorrow.

Here are some of the eDiscovery-related sessions for today:

11:00 AM – 12:00 PM:

The Business of Law 2020: The FTI-Relativity General Counsel Survey

What does the future hold for law and business in 2020 and beyond? Chief legal officers provide a unique perspective, and to analyze that perspective, Relativity and the FTI Technology business unit of FTI Consulting commissioned a study by Ari Kaplan Advisors, surveying general counsel on a wide variety of legal issues affecting business and the legal profession. Limiting the study to chief legal officers, the survey covered topics ranging from the technical competence of legal teams to preparedness for cyberattacks. Initial findings were released over the summer, and in this Relativity Fest session, get a deep dive as we release and analyze the complete results of the FTI-Relativity General Counsel Survey.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Sophie Ross – Global Chief Executive Officer, FTI; Jessica Nolan – Sr. Vice President & General Counsel, PLZ Aeroscience; Ari Kaplan – Principal, Ari Kaplan Advisors.

e-Discovery Cost Recovery: 5 Considerations for Law Firms

As the practice of law evolves, services like data discovery have become a competitive advantage and a key part of successful case strategy. Law firms that value innovation may struggle to nurture it while upholding a pure cost absorption model. Many firms are modernizing their business models, positioning strategic services like e-discovery as part of their practice and factoring these costs into their fees.

Hear from three professionals at law firms who helped modernize their firms’ business models about considerations to ensure cost recovery plans are successful, including:

  • Ethical considerations
  • Internal perception
  • Attorney carve outs
  • Cost equation
  • Client communications

Speakers Include: Daniel Pelc – Senior Manager, Industry Marketing, Relativity; John Koss – Special Counsel, Mintz Levin; Kimberly Fisher – Senior Practice Support Manager, Dickinson Wright PLLC; Kevin Clark – Litigation Support Manager, Thompson & Knight LLP.

e-Discovery Data Management: Governance and Process Optimization

As e-discovery data continues to grow, it’s imperative for organizations to understand the exponential uptick in complexity, liability, and cost. In this panel and live Q&A, industry-leading experts will share how they’re tackling their data management challenges on a daily, weekly, and yearly basis while juggling the demanding requirements of their own clients (internal and external) across multiple industry verticals including law firms, solution providers, and global enterprises.

Speakers Include: Jordan McQuown – Vice President of Technology, Georgejon; John Kapp – Manager, Practice Support & E-Discovery, Shearman & Sterling LLP; Bryant Gauthier – Director Litigation Technology and Support, Finnegan; Susan Sepe – E-Discovery Technology Manager, Paul, Weiss, Rifkind, Wharton & Garrison LLP; David Akerson – CEO and Founder, Auriscrib; George Nedwick – Founder & CEO, George Jon.

e-Discovery Certifications: Why, Which, and in What Order

The evolution of the legal industry over the next decade will usher in a new and hyper-focused valuation of functional domain certification that was once only granted to a traditional three-year JD. Legal professionals who may or may not be or want to join the bar are increasingly seeking certifications. These professionals are specializing in an area of expertise and validating that knowledge with certification(s) such as the CIPP US/EU for privacy, the GLEG or CISSP for security, or CEDS for those wanting to specialize in e-discovery and more.

During this panel discussion, you’ll get a better understanding of the legal certification ecosystem for non-software specific accreditation. Panelists will discuss Relativity certifications—which overlap many functional domain certifications with elements of e-discovery project management, information governance, security, privacy, and analytics—and also provide potential career mapping pathways to help you expand and diversify your areas of expertise.

Speakers Include: Sarah Roberts – Director of Recruitment and Account Management, TRU Staffing Partners; Martha Louks – Director of Technology Services, McDermott Will & Emery; Sean Neilsen – Senior Certification Specialist, Relativity; Mary Mack – CLO, MaryMack.com.

1:15 PM – 2:15 PM:

The Judicial Panel

The Relativity Fest Judicial Panel returns for the sixth annual gathering of prominent jurists analyzing the vital legal issues of the day. Join Senior U.S. District Judge Nora Barry Fischer, New York State Supreme Court Justice Tanya Kennedy, U.S. Magistrate Judge William Matthewman, U.S. District Judge Xavier Rodriguez, and moderator David Horrigan of Relativity as the panel covers the leading data discovery developments of the year, including the latest e-discovery cases and the landmark data privacy decision, Rosenbach v. Six Flags Entm’t. We’ll also consider fundamental access to justice issues, including the “Who owns the law?” dilemma presented by the pending U.S. Supreme Court case, Georgia v. Public.Resource.Org, Inc. Whether you’re trying to read free online copies of state statutes or simply taking your child to an amusement park, the 2019 Judicial Panel will have thought-provoking commentary affecting your life and your work.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Hon. William R. Matthewman – U.S. Magistrate Judge, (S.D. Fla.); Hon. Xavier Rodriguez – U.S. District Judge, (W.D. Tex.); Hon. Tanya R. Kennedy – Justice, New York State Supreme Court, New York County; Hon. Nora Barry Fisher – Senior U.S. District Judge, (W.D. Pa.).

2:35 PM – 3:35 PM:

Tales from the Trenches: A 21st Century Second Request

More than two years after the deal was announced, the DOJ will no longer fight to block the fourth largest merger in US history: AT&T and Time Warner. During this discussion, we’ll take a look at how Ankura successfully managed the data, review workflows, and productions for this second request both from a vendor perspective and from in-house counsel’s perspective.

Topics include:

  • Data inventory/tracker
  • Use of predictive coding/analytics
  • Limiting users’ permissions
  • Managing multiple workflows
  • Production timing/quality control calls
  • Scheduling performance optimization scripts

Speakers Include: Nicole LeBeau – Managing Director, Ankura; Rishi Chhatwal – AVP – Senior Legal Counsel, AT&T Services, Inc.; Erin Toomey – Managing Director, Ankura.

Are You Violating Attorney Client Privilege?

On a city bus, your client calls. What do you do? Is what you’re saying potentially breaking client confidences? What about when you’re receiving a text message? How about on WhatsApp? The lines between violating client confidentiality and retaining it have blurred as technology and innovation has become pervasive. In this session, we’ll explore the latest in attorney/client confidentiality as it relates to technology and how we’ll respond when the line becomes even more blurred.

This session has been submitted for CLE accreditation.

Speakers Include: Constantine Pappas – Senior Manager, Relativity Solutions, Relativity; Salina Hamilton – Member Attorney, Dickinson Wright PLLC; Timothy Kennedy – Discovery Counsel, McDermott Will & Emery LLP; Laura Gottlieb Feldman – Senior Discovery Attorney, Willkie Farr & Gallagher LLP.

Government Data Demands: What You, Your Clients, and Your Companies Should Know

A document request in litigation is an important event for businesses and their law firms. The stakes are even higher, though, when that “request” comes from a state or the federal government in a civil or regulatory matter, or takes the form of a court order, grand jury subpoena or search warrant in a criminal investigation. The legal, regulatory and business issues can be complex. For instance, what can you do or not do if you receive a so-called “blind subpoena”? Although no one will be giving legal advice or speaking for any government, join us for this session where government lawyers will be joined by a law firm partner and former U.S. Department of Justice cybercrime coordinator as we examine best practices for compliance with government data demands.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Tracy Greer – Attorney Advisor, U.S. Department of Justice, Antitrust Division; Ed McAndrew – Partner, DLA Piper.

The Value of Mobile Device Data in e-Discovery

As an e-Discovery professional, its critical to include mobile device data as part of your investigation.  Join the Cellebrite discussion about what kind of information can be found on a mobile device, the different types of collections available and the challenges of processing the data.

Speakers Include: Shahaf Rozanski – Head of Cellebrite Business Solutions, Cellebrite; Eric Olson – Solutions Engineer, Cellebrite Business Solutions, Cellebrite.

3:55 PM – 4:55 PM:

CFIUS: A Guide to Navigating National Security Requirements in the Data Economy

The Committee on Foreign Investment in the United States (CFIUS) exists at the intersection of trade policy and national security. CFIUS holds jurisdictional authority to evaluate national security risks related to any merger, acquisition, or takeover that results in foreign control of any person engaged in interstate commerce in the United States. A key national security risk consideration is whether the transaction provides access to, or control of, material non-public information of the US business, or US citizen personally identifiable information (PII), protected health information (PHI), or other sensitive information such as genetic information or geolocation data. Parties must evaluate the threat, vulnerability, and consequence of the exploitation of data as a result of foreign control.

This session will provide practical tips and case studies from leading regulatory experts who operate in increasingly complex trade and security jurisdictions. Hear from the frontlines on successfully traversing US national security regulations and data security protocols, as companies carefully consider how data access, control, and exploitation impact M&A deal flow considerations.

The panel will explore best practices in identifying data threats, and applying technical expertise to establish reasonable mitigation measures. Recommended enhancements and suggestions on optimizing Relativity as a common platform for integration and visualization of disparate data sources will be shared.

Speakers Include: John Lash – Principal, Control Risks; John Kabealo – Founder, Kabealo PLLC; Michael Joudeh – Director, Control Risks; Chase Kaniecki – Of Counsel, Jones Day.

When Information Becomes Toxic: How Strict Information Governance Can Reduce the Impact of a Data Breach

Former FBI Director Robert Mueller said, “There are only two types of companies: those that have been hacked, and those that will be. Even that is merging into one category: those that have been hacked and will be again.” In this session, we’ll walk through a typical data breach review for notification and ways to minimize costs and overall impact through a sound information governance policy.

We’ll start with important questions to consider before the data breach—such as your privacy policy, sensible deletion, minimizing the use of emails as data storage, and interactive record retention. We’ll then discuss what happens after a data breach, including collecting and reviewing the right data, the hidden costs of a breach, unexpected data exposure, and poorly scrubbed data.

Speakers Include: Aaron Duncan – Director of Discovery Services, Special Counsel; Daniel Rogers – Managing Attorney, Special Counsel; Robert DeVries – Director – Outsourcing and Business Solutions, Special Counsel.

Little Data: The Results of the 2019 Relativity-CTRL Study on Data Minimization

Over the past decade, the terms, “Big Data” and “Defensible Deletion,” have been so overused they’re now trite. But what about “Little Data”? Have legal and regulatory developments such as the General Data Protection Regulation (GDPR) and the upcoming California Consumer Privacy Act (CCPA) caused organizations to embrace data minimization? To find out, Relativity and The Coalition of Technical Resources for Lawyers (CTRL) conducted a study on how organizations are handling–and perhaps minimizing—their data. Are organizations putting themselves at risk by deleting too much data, including deletion of data with the use of ephemeral messaging? Join us for this Relativity Fest session as we announce and analyze the results.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Philip Favro – Consultant, Driven, Inc.; Dean Gonsowski – Chief Revenue Officer, Active Navigation; Stacey Blaustein – Counsel, Corporate Litigation, IBM Corporation; Agnieszka McPeak – Associate Professor of Law, Duquesne University of Law.

5:15 PM – 6:15 PM:

A Practical Roadmap for Effective and Defensible Preservation, Collection, and Authentication

Taking appropriate measures to identify and preserve data from the beginning of litigation minimizes risk, can reduce burden, and will help you avoid problems later in the discovery process. Updating the topics and case law examples presented the last two years at Relativity Fest (previously titled “If You Wait, You May Spoliate”), this session will discuss how professionals involved in discovery can avoid common pitfalls and challenges related to data identification, preservation, and collection. The session will also include a discussion of Federal Rule of Evidence 902 regarding self-authentication and new decisions interpreting the amendments to The Federal Rules of Civil Procedure.

This session has been submitted for CLE accreditation.

Speakers Include: Erin Conlon – Discovery Counsel, McDermott Will & Emery; Alex Godofsky – Discovery Consultant, McDermott Will & Emery.

Blockchain Assets: Identification, Analysis, and Review

From family law to regulatory actions, and receiverships to class actions lawsuits, blockchains and cryptographically backed digital assets can pop up in any case. In this session, you’ll learn how to recognize when these digital assets (such as Bitcoin and Ethereum) are present in a case; how proper collection and review processes can reduce the risks that these new technologies expose us to; and how to ensure all relevant information is uncovered and understood.

Speakers Include: Joshua McDougall – Director, Duff & Phelps.

Disruption: The New Buzz Word in Tech

Is innovation enough? The purpose of innovation is to change the paradigm. The only way to change the paradigm is by disrupting the old to bring in the new. In this session, you’ll learn how firms are transforming their organizations through innovation and disrupting the law firm market, sometimes in small ways and sometimes monumentally.

Speakers Include: Daniel Pelc – Senior Manager, Industry Marketing, Relativity; Kelly Friedman – National Counsel, Discovery Services, Borden Ladner Gervais LLP; Chris Mammen – Partner, Womble Bond Dickinson (US) LLP; Colleen Kenney – Partner, Sidley Austin.

Data Privacy and Data Protection 2019

Data privacy and data protection are arguably the most important data law issues in 2019, and–with the possible exception of climate change–they may be the most important issues facing society as a whole. Join us for our annual Relativity Fest examination of the year’s developments in data privacy and protection. For 2019, we’ll look at mobile data, social media, and the Internet of Things, analyzing controversies from Amazon’s Alexa to Facebook. In addition, as we look ahead to the 2020 elections, we’ll examine the legal and technical aspects of alleged hacked elections, and what all these data privacy and protection challenges mean for you.

This session has been submitted for CLE accreditation.

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Rosemary Kuperberg – Assistant General Counsel & Data Privacy Officer, Ellucian.

Also, there’s the ACEDS Reception from 7:00-9:00PM.  ACEDS will once again host a special Cocktail Reception sponsored by Relativity with many special guests and eDiscovery luminaries again this year to meet! Mary Mack, Kaylee Walstad, and ACEDS’ new executive director Mike Quartararo and ACEDS ambassadors look forward to greeting you and introducing you to our vast global community! Come and enjoy a cocktail and hors d’oeuvres and meet new friends and connect with old!

To register to attend Relativity Fest, click here.  It’s not too late!  And, go Astros!  ;o)

So, what do you think?  Are you attending Relativity Fest this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

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.