eDiscovery Daily Blog

• February 4, 2014

Today is the start of LegalTech® New York 2014 (LTNY) and, for the fourth year in a row, eDiscoveryDaily 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 218 exhibitors providing information on their products and services.

While at the show, we will (also for the fourth year in a row!) be interviewing several industry thought leaders to see what they think are the significant trends for 2014 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 60 hits.  So, there is plenty to talk about!  Sessions in the main conference tracks include:

10:30 – 11:45 AM:

Cost Control – Enterprise Discovery Management Metrics and Repeatable Processes

The need for electronic discovery will not diminish in the short term which invites an opportunity to apply quantitative methods into the process in order to more effectively manage the people, process and technology.  Tools and techniques, which can provide appropriate Project Planning which can lead to efficient/comprehensive Project Execution, Monitoring and Control.  Lastly, capturing metrics/lessons learned for integration into the Optimization of the enterprise process is a key component contributing to process maturity.

1. Breakdown of EDRM In-house and Teaming with your Service Provider (5 minutes)
2. Project Planning – Types of information which help with decision making and cost avoidance
3. Project Execution – Develop/Acquire Project Team, Quality Assurance, Information Distribution
4. Monitoring – Real-time reporting on Process, People and leveraging Technology
5. Lessons Learned – Leveraging Organizational Process Assets (“OPAs”)

Panelists are: Kelly Lack, Counsel, Pacific Gas & Electric Company; Brett Tarr, Director of eDiscovery, Caesars Entertainment, Inc.; Scott A. Carlson, Chair, National eDiscovery Practice Group, Seyfarth Shaw LLP.  Moderator: Rick Nalle, Director, Forensic Technology Services, KPMG LLP.

Is the Best Defense a Good Offense? Proactively Manage Information Governance to Control eDiscovery

The sheer volume of enterprise data is permanently affecting how organizations prepare for eDiscovery.  Even with advanced predictive analytics, it is fast becoming a mathematical impossibility to respond quickly and efficiently to a legal matter when nets are cast wide across many data silos.   This expert panel discusses information governance best practices that can help you proactively prepare for litigation, using methodologies that drive down time and cost while retaining quality and defensibility.

Panelists are: Bennett B. Borden, Co-chair of the Information Governance and eDiscovery Group, Drinker Biddle & Reath LLP; Barry Murphy, Co-Founder, Principal Analyst, eDJ Group, Inc; Jason R. Baron, Information Governance and eDiscovery Group, Drinker Biddle & Reath LLP.  Moderator: Brian Weiss, VP Subject Matter Experts, HP Autonomy.

Optimizing People, Process, and Technology to Minimize the Total Cost of Discovery

This session will explore how corporate legal departments can take a holistic approach to discovery strategy, and better understand the primary factors that drive cost – people, process, and technology. By optimizing each of these factors, the discovery process becomes more predictable, efficient, and cost-effective:

People: Are the right resources performing each task in the discovery process? Is each participant in the process working to his/her core competencies?

Process: Is the process defined and documented? Does it appropriately balance efficiency and risk-reduction? Are effective QC and QA measures incorporated?

Technology: Is the organization taking full advantage of available technologies, consistent with its risk tolerance? Are outdated technologies driving greater expense and inefficiency?

Speakers are: Maureen O’Neill, SVP, Discovery Strategy (West), DiscoverReady; Casey Flaherty, Corporate Counsel, Kia Motors; Jessica Watts, Associate General Counsel – Discovery, Hewlett-Packard; Alex Ponce de Leon, Discovery Counsel, Intel Corporation; Marla Bergman, Vice President, Associate General Counsel Legal and Regulatory Proceedings, Goldman Sachs.

Doing It Right:  Combining Technology and Cooperation in eDiscovery

“Cooperation” and “transparency” became the buzzwords in 2008, when The Sedona Conference issued its Cooperation Proclamation.  Since then, the world of e-discovery has evolved at warp speed.  Volume has exploded.  Complexity has increased.  Judicial expectations have evolved.  At the center of it all, advancing technology has changed everything.. 

Ariana Tadler, Partner at Milberg LLP and Chair Emeritus, as well as an active member of The Sedona Conference® Steering Committee for Working Group I, leads a panel of eDiscovery thought leaders and practice experts in an overview of eDiscovery in 2014:

Attend this session to learn more about how to proactively combine technology and cooperation to “do e-discovery right,” including:

• When and how to use cutting edge technologies – and when to avoid them
• Updates on current “best practices” and judicial expectations
• How to cooperate in the world of technology-assisted review
• How to deal with the “pretend cooperator”

Gain from the experience and expertise of seasoned eDiscovery professionals in this mixture of discourse and dialogue.

Panelists are: Maura R. Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz; Ronni Solomon, Partner, King & Spalding; Conor Crowley, Chair of the Steering Committee, The Sedona Conference Working Group on Best Practices for Electronic Document Retention and Production.  Moderator: Ariana J. Tadler, Partner, Milberg LLP.

2:00 – 3:15 PM:

The New Frontier: Predictive Coding for Information Governance

Predictive coding is widely used in e-discovery, and its defensibility has been broadly recognized in US courts. The question is — can the same technology be used to implement an organization’s information governance policy? The basic concept is simple: train the predictive coding system to identify documents belonging to the organization’s retention categories. But does it work?  How do you start? Who should own the process? What are the challenges? What are the benefits? And is it defensible? In this session, our panel will address these issues, bringing to bear their first-hand experience, over the last year, in groundbreaking predictive coding projects in the information governance space.

Panelists are: John Rosenthal, Partner, Chair, E-discovery and Information Management Practice, Winston & Strawn; Bennett Borden, Partner, Drinker Biddle; Barclay Blair, President, ViaLumina; Laura Kibbe, Managing Director, Expert & Professional Services, Epiq. Moderator: Warwick Sharp, Vice President Marketing and Business Development, Equivio.

The Evolution, Uses, and Case Studies of Technology Assisted Review

Many forms of what is called “Technology Assisted Review” (TAR) exist today. Once a controversial and heavily scrutinized method of analysis and review is now gaining mainstream acceptance. Join this session to hear about recent case opinions on TAR and how its variations are applied to specific use cases.

Panelists are: Anthony J. Diana, Partner, Mayer Brown; Maura R. Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz; The Honorable Dave Waxse, U.S. Magistrate Judge, District of Kansas. Moderator: Eric Crespolini, VP eDiscovery Solutions, HP Autonomy.

Dipping a Toe in the Waters of Predictive Coding and Advanced Analytics – How to Use a Little Cutting-Edge Technology to Make Document Review a Lot Better

This panel will examine the lowest-risk use cases for incorporating predictive coding, statistical sampling, and other advanced analytics into a document review workflow, with little added risk or disruption to established processes. Attendees will come away with ideas for “painless” ways of adopting these tools to improve the efficiency and effectiveness of document review, such as:

• Prioritizing review
• Reviewer QC
• Basic statistical sampling for quality control and quality assurance
• The latest techniques for email near-dupe grouping and threading
• Coding propagation

Speakers are: Matt Miller, SVP, Discovery Strategy (East), DiscoverReady; Michelle Spak, Senior Counsel, Duke Energy; Marty Thompson, Senior Counsel, Hess Corporation; Shannon Capone Kirk, E-Discovery Counsel, Ropes & Gray; Thom Wisinski, Chief Knowledge Officer, Haynes & Boone LLP.

Information Governance Best Practices: Taking your Organization to the Next Level

Find out why regulatory compliance and its enforcement ranked as the second most significant threat to organizational growth after economic uncertainty.

• Do you know how poorly controlled data governance programs increase legal and regulatory risk?
• Do you know how data is identified, collected, and used during litigation and investigations
• Can you articulate how to improve compliance, data privacy and information security relative to data governance?

Join Grant Thornton’s Johnny Lee and a panel of experts’ in an in-depth look at the business, litigation and compliance drivers of data governance.  Find out why compliance, IT and legal expert s must collaborate to design sustainable policies and learn how case law, technology and best practices are used as the framework for sound Information Governance practices that mitigate risk.

Panelists are: David Horrigan, Esq., Analyst & Counsel, Content Compliance & Legal Technologies, 451 Research; M. Darren Traub, Partner, Litigation Practice Group, Akerman; Joshua R. Cohen, Partner, Garson DeCorato & Cohen LLP; Gail L. Gottehrer, Partner, Axinn, Veltrop & Harkrider LLP. Moderator: Johnny Lee, Managing Director – Forensic, Investigative & Dispute Services, Grant Thornton LLP.

3:45 – 5:00 PM:

The Three Rs of Enterprise Discovery Management

As the electronic discovery industry continues to mature, so must the underlying processes. Enterprises are moving away from an ad-hoc, single-matter reactive response model managed by outside counsel toward the creation of an internally-managed, e-discovery eco-system built on three fundamental Rs:

• Reduce the volume of data potentially subject to e-Discovery
• Re-use work product ranging from privilege keyword lists to past production sets
• Recycle past project knowledge and transform this information into not only more efficient e-Discovery methodologies, but also process improvements that can help the business.

Panelists are: Michael Fluhr, Discovery Counsel, Carroll Burdick & McDonough LLP; Kim-An Hernandez, Senior Counsel, International Paper Company; David Stanton, Partner, Pillsbury Winthrop Shaw Pittman LLP. Moderator: Daryl Teshima, Managing Director, Forensic Technology, KPMG LLP.

E-Discovery Caselaw Update

Each year, courts across the country issue hundreds of decisions addressing e-discovery issues. In this program, the panel will take a look at the most significant decisions over the last year, and analyze the state of the law on the most important issues. They will also share their views on how the opinions in 2013 foreshadow trends in 2014.

Speakers are: Amy Hinzmann, SVP, Managed Review, DiscoverReady; Ruth Hauswirth, Special Counsel and Director of Litigation and E-Discovery, Cooley LLP; Scott Coonan, Senior Director of IP, Litigation & Strategy, Juniper Networks; Kelly Lack, Attorney, Litigation Group, Pacific Gas & Electric Company; Jay C. Carle, Partner, E-Discovery and Information Governance, Seyfarth Shaw.

eDiscovery Ethics

The world of eDiscovery hinges on what comes down from the bench.  This session will feature a one-on-one casual conversation on the state of today’s eDiscovery market.  Hear from Judges Andrew Peck and James C. Francis as they discuss their views on the pertinent challenges and issues facing the industry today.  This intimate session will allow attendees true insight into the view from the bench to fully understand where the market is heading and how to best keep ahead of the game.

Speakers are: Honorable James C. Francis, United States Magistrate Judge, Southern District of New York; Honorable Andrew J. Peck, United States Magistrate Judge, Southern District of New York. Moderator: Anita Engles, Vice President of Product Marketing, Daegis.

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

eDiscoveryDaily 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 Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.