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Electronic Discovery

Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law

In Congoo, LLC v. Revcontent LLC, et al, No. 16-401 (MAS) (D.N.J. Aug. 10, 2017), New Jersey Magistrate Judge Tonianne J. Bongiovanni, finding that the plaintiff “has not met its burden of demonstrating that production of the source code is relevant and necessary”, denied the plaintiff’s Motion to Compel the inspection and production of the defendants’ source code.

Case Background

In this case the plaintiff alleged that the defendant (its competitor) published or caused to be published false and misleading “native advertising” (i.e., integrated online advertising in published content on various internet news and information sites).  The plaintiff stated that the source code was highly relevant because it pertained to a central issue in the case, that is, whether the defendants were involved in the creation of the content in false and misleading ads and asserted that production of the source code was necessary to prove their claim.  The defendants argued that requiring it to produce its source code to a competitor would cause irreparable harm to its business and stated that it has provided the plaintiff with evidentiary support concerning the few software functions that are relevant to its claims.

In February 2017, a discovery conference was held to discuss the issue of production of the source code and the Court stated that the parties should make their full submission to the Court on the issue.  Then, in March, the plaintiff filed the instant motion to compel inspection and production of the defendants’ source code.

Judge’s Ruling

Judge Bongiovanni, noting that “[t]he Court has broad discretion in deciding discovery issues such as that raised by the parties here”, indicated that “[i]n order for the production of source code to be compelled, Plaintiff must prove that it is relevant and necessary to the action.”  In that regard, Judge Bongiovanni stated that:

“The Court is not convinced that an understanding of the Defendants’ influence on or creation of the ads requires production of the technology, i.e., the source code, utilized by the Defendants. Rather, the Court is persuaded that through witness testimony an understanding of the functionality of the software algorithm as it relates to issues in this case, e.g., selection of higher paying Content Recommendations, can be adequately addressed.”

Judge Bongiovanni also found that the source code’s “highly confidential nature is such that it cannot be adequately safeguarded by a Discovery Confidentiality Order and therefore outweighs the need for production”, pointing to the declaration of the defendant’s Chief Product Officer, which pointed to an investment of 7 to 10 million dollars in the development of the software and the fact that neither the defendant’s “in-house lawyers nor any of our outside counsel is permitted to access and/or view Revcontent’s highly proprietary Source Code.”

As a result, Judge Bongiovanni found that the plaintiff “has not met its burden of demonstrating that production of the source code is relevant and necessary” and denied the plaintiff’s Motion to Compel the inspection and production of the defendants’ source code.

So, what do you think?  Should there be special considerations for producing source code or other intellectual property?  Please share any comments you might have or if you’d like to know more about a particular topic.

Case opinion link courtesy of eDiscovery Assistant.

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.

Potential Topics for Your 30(b)(6) Witnesses: eDiscovery Best Practices

I was talking to a client the other day about having to prepare their 30(b)(6) witness for a case, so I thought I’d revisit this topic…

When it comes to questions and potential issues that the receiving party may have about the discovery process of the producing party, one of the most common and direct methods for conducting “discovery about the discovery” is a deposition under Federal Rule 30(b)(6).

Rule 30(b)(6) enables a party to serve a deposition notice on the organization involved in the litigation rather than an individual. That notice identifies the topics to be covered in the deposition, and the organization being deposed must designate one or more people qualified to answer questions on the identified topics. While those designated to testify may not necessarily have day-to-day responsibility related to the identified topics, they must be educated enough in those issues to sufficiently address them during the testimony.

Topics to be covered in a 30(b)(6) deposition can vary widely, depending on the facts and circumstances of the case. However, there are some typical topics that the deponent(s) should be prepared to address.

Legal Hold: Perhaps the most common area of focus in a 30(b)(6) deposition is the legal hold process as the deposing party will want to find out if there is a possibility of spoliation of data, which could result in sanctions against your organization.  Issues to address include:

  • General description of the legal hold process including all details of that policy and specific steps that were taken in this case to implement the hold.
  • Timing of issuing the legal hold and to whom it was issued.
  • Substance of the legal hold communication (if the communication is not considered privileged).
  • Process for tracking and follow-up with the legal hold sources to ensure understanding and compliance with the hold process.
  • Whether there are any auto-delete processes in place in the organization and, if so, what steps were taken to disable them and when were those steps taken?

Collection: Logically, the next eDiscovery step discussed in the 30(b)(6) deposition is the process for collecting preserved data:

  • Method of collecting ESI for review, including whether the method preserved all relevant metadata intact.
  • Chain of custody tracking from origination to destination.
  • How the collection process was managed and conducted – i.e., was there custodian self-collection being performed and, if so, how tightly was that process managed by counsel.

Searching and Culling: Once the ESI is collected, the methods for conducting searches and culling the collection down for review must be discussed:

  • Methods used to cull the ESI prior to review (including de-duping, date range exclusion and other mechanisms, as well as the search criteria for inclusion or exclusion in review and how the search criteria was developed (including potential use of subject matter experts to flush out search terms).
  • Process for testing and refining the search terms used as well any testing or sampling conducted on ESI not retrieved.

Review: The 30(b)(6) witness(es) should be prepared to fully describe the review process, including:

  • Methods to conduct review of the ESI including review application(s) used and workflow associated with the review process.
  • Use of technology to assist with the review, such as clustering, predictive coding and near-duplicate identification.
  • Methodology for determining privileged ESI (this methodology may be important if the producing party may request to “claw back” any inadvertently produced privileged ESI – this order makes it easier to do that).
  • Personnel employed to conduct ESI review, including their qualifications, experience, and training.

Production: Information regarding the production process, including:

  • Methodology for organizing and verifying the production, including confirmation of file counts and spot QC checks of produced files for content.
  • The total volume of ESI collected, reviewed, and produced.

Depending on the specifics of the case and discovery efforts, there may be further topics to be addressed to ensure that the producing party has met its preservation and discovery obligations.

So, what do you think?  Have you had to prepare 30(b)(6) witnesses for deposition?  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.

Think That Your Firm Isn’t Subject to GDPR? You May Be Wrong About That: eDiscovery Trends

We’re getting closer and closer to the implementation of the General Data Protection Regulation (GDPR) standard designed to strengthen and unify data protection for all individuals within the European Union (EU).  It goes into effect in about eight months (May 25th of next year, to be exact).  Do you think GDPR doesn’t apply to your firm?  You may be wrong about that.

This JD Supra article (GDPR Applies to US Firms, written by Stanislaw Kastory)* discusses instances where GDPR can apply to firms and companies that are not established in the European Union.  According to the author, the GDPR applies to processing of personal data of data subjects who come from the European Union, by a controller or processing entity not established in the European Union if the processing activities relate to:

  1. a) the offering of goods or services to such data subjects in the European Union and
  2. b) the monitoring of their behaviour. (or “behavior”, depending on who’s reading it) – :o)

Oh, behave!

Here are examples of US companies that may be subject to GDPR requirements:

  • A US insurance company not based in the EU will be subject to the GDPR (and all the requirements thereunder) if it offers its insurance products to entities in EU countries.
  • The new GDPR will also apply to all companies offering “suggestions” used for example on YouTube, Instagram or Spotify. Suggestions that you may like someone’s profile or music are based on processing of personal data. If a US company makes such suggestions to EU citizens, it will automatically fall under the ambit of the GDPR.
  • Even if you’re just a local whisky producer in Kentucky and you send 10 bottles to a client in France, you’re still subject to the rules of GDPR.

So, it’s not just cloud providers, it impacts any organization that might have a market of customers in the EU.  According to the article, more than 50% of US companies will be required to implement the GDPR requirements, including having to process personal data in compliance with the EU regulation. They will therefore be directly required to ensure they have the appropriate legal basis for data processing, to meet the requirement of informing data subjects and to implement new procedures and documents under the GDPR.

Fines can reach up to EUR 20,000,000 or 4% of global turnover, so failing to comply could be costly.  For those that are fined at some level, I’ll bet the “GD” in GDPR may no longer stand for “General Data”.  :o)  Anyway, it’s clear that GDPR will be a big topic of discussion in our industry in the coming months and I expect that we’ll have quite a bit more coverage of it during that time.

BTW, just a reminder that, on Wednesday, August 30 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast On Premise or Off Premise? A Look at Security Approaches to eDiscovery.  This one-hour webcast will discuss different on-premise and off-premise eDiscovery solution options and considerations for each. I’ll be presenting the webcast, along with eDiscovery thought leader Tom O’Connor.  To register for it, click here.

So, what do you think?  Is your organization preparing for GDPR?  Please share any comments you might have or if you’d like to know more about a particular topic.

*Hat tip to Rob Robinson’s Complex Discovery site for the tip on the article.  Here’s two other articles he has covered in just the past two weeks on the 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.

Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., No. 2:15-cv-965 (W.D. Pa. July 21, 2017), Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to Produce Responsive Documents Pursuant to their Subpoenas, finding that “resolution of this case begins and ends with the Stored Communications Act (‘SCA’), which generally provides that ‘a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service.’”

Case Background

In this case where one of the plaintiff’s employees was arrested and charged with theft of trade secrets and ultimately committed suicide while under house arrest, the plaintiff obtained consent for the production of all materials related to the case from the employee’s brother, who was also the executor and beneficiary of his estate.  After receiving permission from the Court to conduct limited pre-answer discovery and serve specified subpoenas, the plaintiff served subpoenas on Microsoft, Google and Yahoo seeking e-mail communications received and sent from the employee’s accounts with each company.  When Microsoft, Google and Yahoo refused to provide the requested communications, the plaintiff filed the Motions to Compel.

Judge’s Ruling

Judge Hornak began his ruling by stating: “The resolution of this case begins and ends with the Stored Communications Act (‘SCA’), which generally provides that ‘a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service.’”  He also noted, however, “under the SCA a provider ‘may divulge the contents of a communication’ in certain circumstances, including when it has ‘the lawful consent of the originator or an addressee or intended recipient of such communication.’ § 2702(b)(3).”

The plaintiff argued that because the executor of the employee’s estate had consented to production of the emails, the SCA’s exception for the “lawful consent of the originator,”§ 2702(b)(3), applies and argued that under Pennsylvania law an executor has the authority to handle a decedent’s digital assets, including his electronic communications.  However, Judge Hornak stated that “First, it is plain that the SCA does not provide an exception to its general prohibition on disclosure for civil subpoenas…Second, even when one of the exceptions to prohibited disclosures delineated in§ 2702(b) applies, the SCA nonetheless does not require providers to disclose communications. To begin, § 2702(b) specifically states that providers ‘may’ divulge communications if an exception applies; it does not state that they ‘must’ do so.”

Judge Hornak did note that the plaintiff “could still gain access to the emails in Thomas Rukavina’s Microsoft account should it choose to pursue them. Microsoft stipulated at argument and in its papers that if the Pennsylvania court with jurisdiction over Thomas Rukavina’s estate concludes that Robert Rukavina’s consent is ‘lawful consent’ under § 2702(b)(3), Microsoft will voluntarily divulge the emails PPG seeks.”  He also noted that the plaintiff “could also potentially obtain the emails in Thomas Rukavina’s Yahoo and Google accounts by identifying the individual(s) who have been accessing the accounts since Thomas Rukavina’s death” (since both providers had indicated that his accounts had been accessed on “numerous” occasions since his death).

However, Judge Hornak’s parting notice was that, in the case of the Yahoo account, the employee had “repeatedly consented to Yahoo’s Terms of Service (‘TOS’), which included…a ‘No Right of Survivorship and Non-Transferability’ provision… [which] explains that any rights Thomas Rukavina had to the contents of his Yahoo account terminated upon his death.”  So, he would have been unlikely to order Yahoo to produce the emails under any circumstances.

Regardless, for the reasons noted above, Judge Hornak the plaintiff’s Motions to Compel against all three third parties.

So, what do you think?  Is it time to rewrite or update the 31 year old Stored Communications Act?  Please share any comments you might have or if you’d like to know more about a particular topic.

Case opinion link courtesy of eDiscovery Assistant.

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.

New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends

While recovering from ILTACON and Vegas, I found an interesting report with some interesting statistics and observations from The Aberdeen Group about how many organizations are handling eDiscovery and what they could be doing better.

The report, Key Strategies to Improve the Performance of eDiscovery Teams, is written by Michael Caton an IT Research Analyst at Aberdeen, who surveyed technology solution users.  Here are some of the observations and statistics included in the report:

  • In terms of technology adoption, 82% of companies surveyed use an eDiscovery solution.
  • Currently, organizations are 50% more likely to use an on-premises solution than a cloud-based solution.
  • While 33% of organizations have implemented a cloud-based solution, organizations plan to implement on-premises and cloud-based technologies in nearly equal numbers – 24% and 27%
  • Just 29% of responding organizations have adopted technology assisted review.
  • The same holds true (no pun intended) for legal hold management – just 29% of organizations have software tools to notify employees of legal hold and to prevent the loss of data that should be subject to eDiscovery.
  • Finally, only 27% of companies employ direct connectors to key systems to automate the collection of data, such as content management applications and communications systems.

The on-premises vs. cloud numbers might be the most surprising to me, given all of the recent numbers and trends that I’ve seen regarding cloud adoption within the eDiscovery industry.  It looks like both implementation methods will have a place in eDiscovery for some time to come.

Caton also provides statistics regarding top business pressures related to eDiscovery, core eDiscovery capabilities in use and eDiscovery technologies with low adoption levels (among other findings).  He provides several recommendations at the end of the document for organizations currently assessing eDiscovery solutions, including evaluating technology assisted review technology, assessing legal hold management solutions, integrating eDiscovery software with critical applications and evaluating cloud or hybrid technologies to simplify onboarding.  I won’t steal all his thunder here – I’ll leave it to you to check out his report here to see additional stats and recommendations (the report is free, with free signup for an Aberdeen membership).

BTW, speaking of on-premise vs. cloud, just a reminder that, on Wednesday, August 30 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast On Premise or Off Premise? A Look at Security Approaches to eDiscovery.  This one-hour webcast will discuss different on-premise and off-premise eDiscovery solution options and considerations for each. I’ll be presenting the webcast, along with eDiscovery thought leader Tom O’Connor.  To register for it, click here.

So, what do you think?  Do you use on-premise, off-premise or a combination for your eDiscovery solution(s)?  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.

CloudNine Voted as a Leading Provider in Ten Categories in National Law Journal’s Best of the Midwest Reader Ranking Survey

Second Annual Best of the Midwest Survey Highlights Lawyer and Legal Professional Recognition of CloudNine

CloudNine, the eDiscovery Company (cloudnine.com) providing eDiscovery automation software and services for litigation, investigations, and audits, today announced its recognition as a leading eDiscovery provider by voters in second annual Best of the Midwest Reader Rankings from The National Law Journal.

The Best of the Midwest Survey was published in August with the top three responses in each of more than 90 categories shared in the annual survey results. CloudNine was voted as a leading provider in the following ten reader ranking categories:

  • Best End-to-End Litigation Consulting Firm (2)
  • Best Technology Assisted Review eDiscovery Solution (3)
  • Best Data & Technology Management E-Discovery Provider (1)
  • Best Managed E-Discovery & Litigation Support Service Provider (3)
  • Best Legal Hold Solution Provider (2)
  • Best Online Review Platform (3)
  • Best Managed Document Review Services (2)
  • Best Information Governance Solution (1)
  • Best Predictive Coding E-Discovery Solution (1)
  • Best Corporate Investigations Provider (1)

Voting for the survey was conducted online via ballot and, in total, over 1,000 votes were cast in this extensive survey.

“CloudNine is excited and grateful to be recognized by Midwestern lawyers and legal professionals as a leader in the delivery of data and legal discovery software and services,” shared Brad Jenkins, Chief Executive Officer of CloudNine. “We highly value this vote of confidence and are committed to increasing that confidence through a continued and diligent focus on simplifying discovery.”

Try CloudNine at No Risk, Immediately

To sign up for a free trial of CloudNine, visit the CloudNine website (cloudnine.com), request your free account, and begin immediately to use the power and precision of simplified eDiscovery automation in your litigation, investigation, and audit efforts.

About CloudNine, The eDiscovery Company

Founded in 2002 and based in Houston, Texas, CloudNine is a legal intelligence technology company with deep expertise in the analysis, processing, and review of electronically stored information (ESI). Currently used by more than 50 of the top 250 Am Law firms as well as in many of the world’s leading corporations, CloudNine has been recognized in reports and surveys by Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the New York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily Blog, a trusted source of information for the legal industry. A leader in eDiscovery automation, you can learn more about CloudNine at 713.462.3885, info[at]cloudnine.com, or at cloudnine.com.

For more information contact:

Rob Robinson, CMO, CloudNine
PR@cloudnine.com
512.934.7531

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Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  Today is the last day to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.

Sessions of interest in the main conference tracks include (all times PT):

9:00 AM – 10:00 AM:

O365 and Exchange Ediscovery Capabilities: While Office 365 and Exchange ediscovery capabilities can make our jobs easier, they can also be subject to problems. What can you expect from these products? In this live demo, you’ll get an interactive tutorial of the features these platforms offer – from the glitz to the glitches.

Takeaways:

  • Understand what the different software offerings are and are not good at
  • Identify gotchas for each product

Speakers include: John Collins, Director of Information Governance & Office 365 Consulting DTI.

Your Perimeter Will Be Breached: Your law firm will be hacked. What do you do when that happens? How do you mitigate the damage done? Join us for a technical discussion on what you can put in place that will help you identify where you have been hacked and how to get rid of the threat.

Takeaways:

  • Determine a list of things to check when you’re back in the office
  • Identify ways to find intruders in your perimeter and mitigate risk

Speakers include: Brian Johnson, Sr. Security Engineer Emergent Networks.

11:15 AM – 12:15 PM:

New Microsoft Features That Will Affect Ediscovery in the Future: Microsoft continues to add features to its products that could make preservation, collection, review and production easier in the future. More and more corporations are using those products. Is it time for law firms to follow suit? Come hear a panel discuss how Microsoft’s legal hold and ediscovery compliance features could change how we deal with ediscovery now and in the future. Will you be prepared to take advantage of these changes?

Takeaways:

  • Learn how Microsoft’s legal hold and ediscovery compliance features are making it easier to deal with ediscovery challenges
  • See how these new features could affect how we deal with edIscovery
  • Discover how to take advantage of these features to further your career

Speakers include: Scott M. Cohen, Managing Director Winston & Strawn LLP; Jake Frazier, Information Governance & Compliance Practice Leader FTI Consulting; EJ Bastien, Lead eDiscovery Program Manager Microsoft Corporation – Legal and Corporate Affairs; Troy Dunham, eDiscovery Program Manager Adobe Systems Legal Department.

2:00 PM – 3:00 PM:

Data Analytics for Information Governance: Whether you’re in a law firm or corporate environment, using data and key metrics can improve your information governance (IG) and system performance. What types of data should you be evaluating, and how to do find the value of it? How can you create the ideal information governance framework by distilling data into building blocks that tie together? We’ll examine case studies to demonstrate data-driven decisions made throughout the building and remodeling of successful IG programs.

Speakers include: Gillian Glass, Director of Practice Support, Paralegals and Records Farella Braun + Martel LLP; Megan Beauchemin, Director of Business Intelligence and Analytics InOutsource; Daniel Holohan, Chief Information Officer The Advisory Board Company.

What’s in YOUR Ediscovery/Litigation Support Strategic Plan?!: Looking into the future, what is the focus of your strategic plan? What are your staff needs and technology needs? Is there company growth? Creating and managing a strategic plan can be difficult, especially as emerging needs fight for resources and attention. This presentation will give ediscovery and litigation support professionals tips on updating, revamping and revisioning their strategic plan. We will also discuss various approaches and timetables for the strategic planning process.

Takeaways:

  • Cultivate ideas on how to develop a strategic plan
  • Identify who needs to be involved
  • Determine factors to consider in your strategic plan

This session will NOT be recorded.

Speakers include: Mary Pat Poteet, Managing Consultant; David Bryant Isbell, Director, Global Practice Support Baker & McKenzie; Ashley Smith, Managing Director Deloitte.

3:30 PM – 4:30 PM:

Preserving, Collecting and Producing Databases for Ediscovery: An industry expert will share how they deal with, manage and produce structured data and databases during litigation and government investigations. Attendees will hear about common challenges and solutions to help deal with these challenging sources of data, and they will learn about techniques to preserve, collect, review and produce structured data and databases.

Takeaways:

  • Learn how to preserve, collect and produce databases
  • Understand common challenges and pitfalls to avoid when dealing with databases
  • Establish a list of questions to ask when dealing with databases

Speakers include: Jim Vint, Managing Director, Practice Lead Global Legal Technology Solutions Navigant.

So, what do you think?  Did you attend ILTACON this year?  If so, what did you think?  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.

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.

Sessions of interest in the main conference tracks include (all times PT):

9:00 AM – 10:00 AM:

eDiscovery Industry Resources: There are many industry resources for professionals in ediscovery, including Women in eDiscovery, ILTA, ACEDS, EDRM and Sedona. How can you get involved with these organizations, and what are the benefits of becoming a member? Speakers from each organization will share how they can help you and your team.

Takeaways:

  • Gain a better understanding of each organization
  • Learn how to become a member

Speakers include: Amy Juers, Founder & CEO Edge Legal Marketing; Peter Pepiton II, Director of eDiscovery Dinsmore & Shohl; Janelle Eveland Belling, Managing Director of E-Discovery Services & Strategy Perkins Coie; Doug Austin, Vice President of Professional Services CloudNine; Martin Tully, Co-Chair, Data Law Practice Akerman LLP.

Everything You Need to Know About EU General Data Protection Regulation, but Were Afraid to Ask (Until Now): Law firms that deliver services to European Union residents need to be prepared for the new General Data Protection Regulation going into effect May 25, 2018. Discover what you need to know about the GDPR, so you can develop a strategy for reviewing and updating your operations to meet the new obligations. We will also explore technologies available to assist and ways you can secure funding and support from firm leadership.

Takeaways:

  • Understand how to prepare for GDPR compliance
  • Develop a basic plan for implementing GDPR controls
  • Identify resources for GDPR preparation and implementation
  • Understand technology tools available

Speakers include: Ian Raine, Director of Product Management iManage; Jeff Hemming, Product Manager – Marketing Solutions Tikit Inc.; Robert Cruz, Senior Director, Information Governance Actiance, Inc.; Grant Shirk, Vice President, Marketing.

11:00 AM – 12:30 PM:

How to Hack a Law Firm: Many law firm’s conduct external penetration tests, but you can still be hacked. Whether you’ve been through a dozen tests or are facing your first, it’s important to gain insight into the most common ways hackers gain access to a law firm’s data and assets. Learn about the best controls you can put in place to defend against these threats.

Takeaways:

  • Determine a list of top 10 things you need to go back to your firm and check
  • Identify how your firm policies can increase your risk

Speakers include: Kenny Leckie, Senior Technology & Change Management Consultant Traveling Coaches, Inc.

3:30 PM – 4:30 PM:

Automating Information Governance: We’ve all been told that automation is the future of managing and governing information. With automation come many benefits, including rule-based email management, the most sophisticated forms of automated classification and discovery of data’s “meaning.” Interested? Come learn about available technologies, challenges in implementing automation and important lessons information governance (IG) practitioners have learned that can help us put these next-generation tools and techniques to work today.

Takeaways:

  • Discover different techniques to automate solutions to your IG problems
  • Outline what works and what doesn’t
  • Understand why automating IG is worth the investment

Speakers include: Julie J. Colgan, Senior Director, Strategy & Innovation DTI; Leigh Isaacs, Director, Records & Information Governance White & Case LLP; Brianne Aul, Firmwide Senior Records and Information Governance Manager Morgan, Lewis & Bockius, L.L.P.

Ediscovery Data and Records Collaboration: A closed matter is just the beginning to what can often be a complex data storage process. What information gets returned to the client? What data sets get destroyed? What data do you need to keep? From understanding your client’s records retention strategy to having a step-by-step plan with records managers, a collaborative strategy is necessary to ensure records are safeguarded and processes are compliant.

Takeaways:

  • Understand complex data storage methods
  • Comprehend the importance of your clients’ records retention policies and how they affect your retention practices
  • Identify best practices from records managers and general counsel

Speakers include: Brian Jenson, Director, Litigation Support & E-Discovery Services Orrick, Herrington & Sutcliffe LLP; Martin Susec, Assistant General Counsel Nationwide Mutual Insurance; Richard Dilgren, National Director, Data Science & Strategy FRONTEO.

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

Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.

Sessions of interest in the main conference tracks include (all times PT):

11:00 AM – 12:30 PM:

A Deep Dive into Project Management in Litigation Support: Take a deep dive into advanced litigation support project management (PM) principles. This workshop will be led by three high-level ediscovery strategists and is designed for professionals who live in the trenches of complex litigation support management. Learn principles you can leverage and apply immediately to improve your organization’s PM maturity.

Speakers include: Michael Quartararo, Director of Litigation Support Services Stroock & Stroock & Lavan LLP; Daryl Shetterly, Director, DRS Operations Orrick, Herrington & Sutcliffe LLP

1:30 PM – 2:30 PM:

Managing Data from the EU During Litigation: A panel will discuss current issues and solutions for dealing with data from the European Union during litigation and government investigations. Topics will include certification through Privacy Shield and using Model Clauses in your agreements to address privacy and security concerns.

Takeaways:

  • Learn about the current status of EU data privacy issues
  • Identify how to avoid getting in trouble when dealing with EU data
  • Become comfortable with how the Privacy Shield certification process works

Speakers include: Michael Boggs, Director of Practice Support Holland & Hart; Mollie C. Nichols, Senior Attorney Cleary Gottlieb Steen & Hamilton LLP; Chris Dale, e-Disclosure Consultant E-Disclosure Information Project; Ben Rusch, V.P. Review Solutions – Europe & APA Consilio; Jonathan Wilan, Partner Baker & McKenzie.

3:30 PM – 4:30 PM:

Real-World On-Prem to Cloud Migrations: A panel of peers from firms with experience migrating on-premises systems to the cloud will discuss how their cloud strategies were formed; what moved when and resource allocation; what to look for in a cloud provider; affected business processes; level of effort (time, cost, etc); cloud growth projections; addressing client data audits; and security concerns and challenges. This is a follow-up to Monday’s session on “The Cloud vs. No Cloud Debate.”

Takeaways:

  • Determine things to consider when planning a move to the cloud
  • Gain lessons learned from peers and how to avoid the same pitfalls

Speakers include: Jeffrey Brandt, Chief Information Officer Jackson Kelly PLLC; Christopher P. McDaniel, Chief Information Officer Smith, Gambrell & Russell, LLP; David Tremont, Director, Network Services Bracewell LLP; Moosa Matariyeh, Principal Solutions Architect CDW.

3:30 PM – 5:30 PM:

Litigation Support Roundtable: What major challenges will we face next in litigation support? Gather around this lively, moderated roundtable discussion that will focus on hot topics in industry-wide litigation support and issues to consider for the future. Topics will be selected by session attendees and could include staffing, product selection, technological advances, recent case decisions and outsourcing.

Takeaways include:

  • Experience a lively and timely discussion

Speakers include: Stephen Dooley, Assistant Director of Electronic Discovery and Litigation Support Sullivan & Cromwell LLP; Jack Thompson, Sr. Manager – Litigation Support/Legal Operations Sanofi.

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

Time for ILTACON 2017: eDiscovery Trends

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions.  eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  Over the next four 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 Las Vegas area, come check out the show at the Mandalay Bay – there are a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.  Sessions of interest in the main conference tracks include (all times PT):

11:00 AM – 12:00 PM:

Challenging ESI Sources: Judge Peck and Craig Ball will discuss the technical and legal issues related to the most challenging electronically stored information (ESI) sources they have dealt with over the past six months in ediscovery. Learn how to prepare and deal with these challenges in your own matters.

Takeaways:

  • Better understand some of the emerging data sources that will become more mainstream in the next several years
  • Identify real-world examples of how to deal with these ESI sources in a defensible way today

Speakers include: Craig Ball, ESI Special Master and Texas Attorney Craig D. Ball, P.C.; Allen McNee, Chief Revenue Officer Integreon; Honorable Andrew J Peck, US Magistrate Judge of New York.

1:00 PM – 2:00 PM:

Latest Trends in Leveraging Analytics in Litigation Support: As the ediscovery industry matures, much has been written and said about the concepts and theories underlying technology-assisted review. How is it being leveraged in practice in 2017, and what’s next on the horizon? Judge Peck and three industry experts will present real-life case studies — some including new applications — and give predictions on the future of advanced analytics in litigation support.

Speakers include: Thomas Barce, Director of Consulting Services KrolLDiscovery; Beth Patterson, Chief Legal & Technology Services Officer Allens; Doug Matthews, Partner Vorys, Sater, Seymour and Pease LLP; Jeremiah Weasenforth, Managing Attorney Team Lead Orrick, Herrington & Sutcliffe LLP Honorable Andrew J Peck, US Magistrate Judge of New York.

The Cloud vs. No Cloud Debate: More and more vendors are moving to cloud models, which can put you in a difficult spot. How do you successfully make the case to move to these cloud solutions? How do you address risk concerns from your firm’s leadership and clients? Can you comply with a client’s “no cloud” demands while leveraging cloud technology? Let’s explore the cloud vs. no cloud debate and prepare you for Tuesday’s session on “Real-World On-Prem to Cloud Migrations.”

Takeaways:

  • Develop a review process for considering cloud solutions
  • Identify features and controls to mitigate risk and make clients happy

Speakers include: Robert DuBois, Chief Information Officer Briggs and Morgan, P.A.

Using the Information Governance Maturity Model: Understanding the defining characteristics of information governance (IG) programs at differing levels of completeness and maturity is a must for your program to be effective.Using the Law Firm Information Governance Symposium (LFIGS) information governance maturity model as a guide, attendees will learn how to identify where you are in different facets of law firm IG maturity and how you can advance your program to the next level.

Speakers include: Brian Donato, Chief Information Officer Vorys, Sater, Seymour and Pease LLP; Dana C. Moore, Manager of Records & Information Compliance Vedder Price P.C.; Terry Coan, Senior Director HBR Consulting LLC.

2:30 PM – 3:30 PM:

Transition Your Litigation Support Career to Cybersecurity and Information Governance: Litigation and practice support specialists are cornering new niches of consultation and expertise in cybersecurity and information governance. While many of the skills and experiences of ediscovery professionals touch on the implications of information governance policies and data security issues, the transition from the litigation support world to another related discipline is not a short and easy path. Success requires significant additional education and certification, an understanding of advanced developing technology proficiencies, and the ability to leverage these areas of high value consulting work from a business perspective. Come hear tips and lessons learned from industry leaders who have incorporated cybersecurity and information governance into their roles.

Speakers include: Caroline Sweeney, Global Director Ediscovery & Client Technology Services Dorsey & Whitney; Rachelle Rennagel, eDiscovery Counsel Pillsbury Winthrop Shaw Pittman LLP; Wale Elegbe, Senior Manager, eDiscovery & Litigation Support Sullivan & Cromwell LLP; Jared Coseglia, Founder & CEO, TRU Staffing Partners, Inc.

4:00 PM – 5:00 PM:

Stand By Me: A Mock 30(b)(6) Deposition of a Corporate IT Representative: Litigation support professionals are often called upon to shepherd client data identification, preservation and collection. Discovery challenges could call into question the integrity and sufficiency of these processes, leading to motion practice and the deposition of a client’s corporate IT representative. In this interactive session, watch as we stage a 30(b)(6) deposition from start to finish and stop along the way to discuss key points and issues you should plan for and be aware of. We’ll also involve the audience to get thoughts and feedback on what you perceive to be the correct course of action.

Takeaways:

  • Understand what to expect during a typical 30(b)(6) deposition
  • Receive tips on how to properly prepare your client by focusing on litigation readiness
  • Learn how to avoid common pain points and errors

Speakers include: Scott B Reents, Lead Attorney, Data Analytics and E-Discovery Cravath, Swaine & Moore LLP; Matthew K. Blaine, Partner Davison Eastman & Munoz, P.A.; George Chiu, Director, Systems Development Prudential Financial, Inc.; Roe Frazer, Attorney, Frazer P.L.C.

The Future of Search in Law Firms: What does the future hold for search in law firms? How far will legal knowledge management push the search envelope beyond documents, matters and expertise? Further than you think! Let’s explore the future of search, including integrating search-enabled applications, broadening the search scope available to the mobile professional, incorporating artificial intelligence, enhanced visualization and the use of predictive analytics, and the use of machine-generated metadata to improve search results. See how search can fulfill its promise of making your lawyers more effective and firm-client relationships more collaborative.

Takeaways:

  • Identify possible search functions
  • Visualize the future of search in your law firm
  • Learn how you can prepare for the future of search
  • Hear Case Studies from two law firms to improve search

Speakers include: Todd Friedlich, Sr. Manager of KM Technology and Innovation Ropes & Gray; Douglas Freeman, Knowledge Systems Manager White & Case LLP; Glenn LaForce, EVP / Chief Strategy Officer Handshake Software; Peter Wallqvist, VP of Strategy iManage.

And, of course, you don’t want to miss the Exhibit Hall Opening Reception from 7:00 PM – 9:00 PM ET, where they’ll “beam you up” into another realm of space and science fiction. As always, this is a great opportunity to visit with exhibitors and tour the Exhibit Hall in a relaxed setting and hors d’oeuvres and beverages will be served.

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