eDiscovery Daily Blog

• July 13, 2015

Today is the start of LegalTech® West Coast 2015 (LTWC) – nearly a month later than usual and in a new locale (San Francisco!) and eDiscovery Daily is reporting about the latest eDiscovery trends being discussed at the show.  Today and tomorrow, we will provide a description of some of the sessions related to eDiscovery to give you a sense of the topics being covered.  If you’re in the San Francisco area, come check out the show – there are a number of sessions (both paid and free) available and at least 58 exhibitors providing information on their products and services.

Perform a “find” on today’s LTNY conference schedule for “discovery” or “information governance” and you’ll get 23 hits.  Sessions in the main conference tracks include:

10:30 AM – 11:45 AM:

Laying the Foundation: An Information Governance Framework

Effective information governance involves multiple functions within an organization and requires a top-down, overarching structure that enables an organization to make decisions about information consistent with an organization’s mission, vision, and strategy. With such a structure, organizations can make proactive policy decisions about what information is important to the organization, how to keep and manage it, and how to defensibly dispose of it. This interactive panel discussion will offer practical steps to developing an information governance framework, including the strategic and tactical challenges that may arise during the process.

Speakers are: Jae Kim, Senior Vice President and General Counsel, Rambus Inc.; Jon M. Talotta, Partner, Hogan Lovells; Brett Tarr, Counsel, Litigation & E-Discovery, Caesars Entertainment.  Discussion Leader: Laurie Fischer, Managing Director, Huron Legal.

Analytics: The Revolution will be Visualized

Many generally understand the concept of analytics, but don’t know how to apply these technology advancements to the practice of law. 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 to apply these tools to speed fact-finding and reduce e-discovery costs.

Speakers to include are: Amy DeCesare, Assistant Vice President, Litigation Management, Allied World; David Houlihan, Principal Analyst, Blue Hill Research; Caroline Sweeney, Global Director, E-Discovery & Client Technology, Dorsey.  Discussion Leader: Jason Ray, Managing Director, FTI Technology.

12:30 PM – 1:30 PM:

Taking TAR to the Next Level: Recent Research and the Promise of Continuous Active Learning

Three years ago, Judge Andrew J. Peck and Maura R. Grossman introduced Technology-Assisted Review (TAR) to a standing-room-only crowd at LegalTech. Since then, TAR—with its promise of substantial reductions in review costs—has entered the mainstream of high-volume discovery, both in the U.S. and abroad.

In 2015, the grand challenge is to make TAR even more accessible and effective, while addressing  the real-world limitations of first-generation TAR products. Our panel, featuring TAR pioneers Maura R. Grossman and Gordon V. Cormack, will talk about their groundbreaking research on TAR protocols, including methods such as Continuous Active Learning, (“CAL”), which have been shown to identify relevant documents more quickly while significantly reducing review costs.

Discussion topics include:

• How does CAL work, and how does it differ from other TAR protocols?
• Which seeds are more effective in TAR training, random or judgmental, and why?
• Are subject-matter experts required for TAR training or can review teams do the job just as well?
• What savings can you expect from Continuous Active Learning compared to traditional linear review?
• What are the courts saying about TAR and CAL?

Join us for an informative hour on the future of TAR for 2015 and beyond. Be among the first to learn about the latest research comparing TAR protocols. Also, pick up a free copy of the new book, TAR for Smart People, How Technology Assisted Review Works and Why It Matters for Legal Professionals.

Speakers to include: John Tredennick, CEO and Founder, Catalyst Repository Systems, Inc.; Gordon V. Cormack, Professor, David R. Cheriton School of Computer Science, University of Waterloo; Maura R. Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz; Emi Ohira, Attorney-at-law (California), Patent attorney, Japan and President, DSA Legal Solutions, Professional Corporation.  Discussion Leader: Erin E. Harrison, Editor in Chief, Legaltech News.

2:00 PM – 3:15 PM:

Retention, Defensible Disposition, and How Analytics Can Help with Both

One of the challenges “big data” poses to an organization is the need to identify and retain the information of value that must be kept for legal or business needs and to defensibly dispose of that which is no longer required. Some organizations are using data analytics to help with these processes. The most promising use of analytics in information governance is its potential for automatic classification of data, which can aid in data clean-up, classification of existing information, and classification of information at its creation. This panel will discuss the principles of defensible disposition as well as the promise and difficulties involved in using analytics to aid in retention, disposition, and reducing downstream costs.

Speakers to include are: Keith M. Angle, Global Head of Records Management and Associate General Counsel, AIG; Pallab Chakraborty, Director of eDiscovery, Oracle; Keith Grochow, SR IT Technology Analyst – Records, Genentech.  Discussion Leader: Jon M. Talotta, Partner, Hogan Lovells.

The Seismic Effects of Mobile Device Data and BYOD Culture on E-Discovery

Data from mobile devices is either your current – or will be your next – biggest challenge. Whether you are collecting and reviewing for e-discovery or investigating for internal purposes, mobile device data remains tricky, hard to get and important. Complications range from increased encryption to legal and logistical issues with BYOD to keeping up with the newest operating systems and devices. With the mobilization of society and corporate culture showing no signs of abating, the effects of mobile data on legal disputes is becoming seismic. Join our experienced panel of legal practitioners and technical experts to learn strategies for dealing with the growing challenge of mobile device data in e-discovery. We’ll discuss:

• Case law and regulatory drivers regarding mobile data
• Planning and documenting mobile data policies
• Coping with the logistical and privacy challenges of BYOD culture
• Apps and the specific legal & technical challenges they present

Speakers to include are: Gareth Evans, Partner, Gibson, Dunn & Crutcher LLP; Veeral Gosalia, Senior Managing Director, FTI Technology; Anthony Knaapen, Manager Litigation Discovery, Chevron Corporation; Christopher Sitter, EnCE, eDiscovery & Digital Forensics Senior Manager, Juniper Networks.

3:45 PM – 5:00 PM:

Protecting Information Assets: Data Privacy and Security

Special attention needs to be paid to information if it contains personally identifiable information (PII), protected health information (PHI), or other sensitive data. There are legal requirements regarding the retention and disposition of much of this information, and there may be conflicting business needs to retain the information longer. At the same time, there are security concerns, especially for data housed in the cloud, concerns underscored by the abundance of recent breaches and cyber-attacks. This panel will discuss the development of a privacy policy and program as the first steps in developing preventive measures an organization can take to secure its most sensitive data. Additional topics will include data minimization and anonymization, data security programs, and breach response plans.

Speakers to include are: Andy Blair, Managing Associate, Dentons US LLP; Scott M. Giordano, Esq., Data Privacy Project Manager, Esterline Technologies Corporation; Jack Yang, Vice President, Visa Inc.  Discussion Leader: David Ray, Director, Huron Legal.

Disruption: Five Forces Shaping the Legal Landscape

From mobile and global work environments to alternative billing models to a perceived crisis in legal education, the legal industry is in the midst of a major transformation. Some changes are evolutionary, yet other developments may feel revolutionary for those unprepared for change. What are the five key trends that will disrupt the legal industry and impact how you do your job? What are the skills and mindset needed to adjust, innovate and thrive in this new legal landscape?

Attend this no-holds-barred, interactive discussion as leading legal minds and futurists outline the five key forces shaping the legal industry of tomorrow, and how you can remain ahead of the game.

Speakers to include are: David R. Cohen, Partner and Practice Group Leader, Global Records & E-Discovery Group, Reed Smith; Honorable John M. Facciola, United States Magistrate Judge, District of Columbia; Christopher Mooney, Corporate Counsel, Samsung Semiconductor, Inc.; Christopher Sitter, EnCE, eDiscovery & Digital Forensics Senior Manager, Juniper Networks.  Discussion Leader: Sophie Ross, Senior Managing Director, FTI Technology.

In addition to these, there are other sessions today that might be of interest.  For a complete description for all sessions today, click here.

So, what do you think?  Are you planning to attend LTWC 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.