Industry Trends

If You’re a Small Firm, Learn Here Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends

Until recently, state of the art eDiscovery technology was only available to the largest law firms and corporations. Smaller firms and organizations were essentially priced out of the market and couldn’t afford the solutions that could be used by the “big boys” to manage their discovery workloads. Times have changed – thanks to cloud-based, software-as-a-service (“SaaS”) automated solutions that have made full-featured eDiscovery solutions affordable for even small and solo firms.  What do you need to do to take advantage of that?

On Wednesday, June 28 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms.  This one-hour webcast will discuss how SaaS automation technology has revolutionized eDiscovery for solo and small firms today and why there has never been a better time for those firms to embrace eDiscovery.  Examples of topics being discussed include:

  • How Automation and the Cloud is Affecting All Industries, including eDiscovery
  • Drivers for the eDiscovery Automation Revolution
  • The Impact of Automation and the Cloud on the Lawyer Job Market
  • The Evolution of eDiscovery Technology
  • Whip Me, Beat Me, Call Me EDna: Two Challenges, Seven Years Apart
  • Key Components of a SaaS eDiscovery Automation Solution
  • Cost Alternatives for SaaS eDiscovery Automation Solutions
  • Can Automation Really Disrupt the eDiscovery Industry?

I’ll be presenting the webcast, along with Karen DeSouza, Director of Review Services at CloudNine and we will discuss why there has never been a better time for those firms to embrace eDiscovery.  To register for the webcast, click here.

Also, my colleague Julia Romero Peter will be in Denver on Tuesday, June 20 for the Denver leg of The Master’s Conference.  The conference will be held at the NATIV Hotel Denver at 1612 Wazee St, Denver, CO 80202.  If you’re going to be in Denver that day (or close enough to come in for it), you can register here for the full day event (or attend for just half a day, if that’s all your schedule permits).  Julia will be moderating a panel discussion on Data, Discovery, and Decisions: Extending Discovery From Collection To Creation, at 11:15am on that day, with a group of knowledgeable panelists.  If you’re in Denver, feel free to check it out!

So, what do you think?  Are you a small firm struggling to get control of eDiscovery, at a price your firm can afford?  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.

“Master” Your Knowledge of eDiscovery With This Conference in Chicago Today: eDiscovery Trends

For the second year in a row, I’m participating in The Master’s Conference 2017 Chicago event, which happens to be today.  If you’re in the Chicago area today, join me and other legal technology experts and professionals at The Master’s Conference event for a full day of educational sessions covering a wide range of topics!

The Master’s Conference brings together leading experts and professionals from law firms, corporations and the bench to develop strategies, practices and resources for managing the information life cycle.  This year’s Chicago event – “Deep Dish Data with Only Chopsticks to Manage It” – covers topics ranging from technology evaluations to forces changing eDiscovery to analytics and social media discovery.  Cybersecurity and data privacy are covered too.

The event will be held at Wyndham Grand Riverfront, 71 E Upper Wacker Dr, Chicago, IL 60601.  Registration begins at 8am, with sessions starting right after that, at 8:30am.

CloudNine will be sponsoring the session Data, Discovery, and Decisions: Extending Discovery From Collection To Creation at 1:45pm.  I will be moderating a panel that includes Matt Wolfe, Commercial Litigator with Shook, Hardy & Bacon, L.L.P., Ryan Tilot, Counsel with Seyfarth Shaw LLP and Mykhaylo Bulyk, Cyber Intelligence/Incident Response Manager for CDK Global.

Our panel discussion will discuss how big data is impacting today’s litigation landscape, the use of non-traditional tools and approaches, how more and more organizations are conducting “data discovery” pre-litigation and the impact of big data on cybersecurity.  It should be a very informative discussion with a very knowledgeable panel!  Hope you can join us!

Click here to register for the conference.  It’s a day well spent with sessions all day long, including the keynote at lunch.

This year, The Master’s Conference also has events scheduled for Denver, New York City, London(!), Washington DC and Orlando.  Click here for more information on remaining scheduled events for the year.

So, what do you think?  Are you in Chicago today?  If so, come join us!  And, as always, 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.

Here’s an Opportunity to Learn More About Data Discovery, Legal Discovery and Where CloudNine Fits in Both: eDiscovery Trends

Let’s face it, in this era of Big Data, more data is being created than ever before, from more sources than ever before, for organizations to manage and potentially use in litigation, investigations and audits.  Thanks to our friends at ACEDS, you can learn more about these Data Discovery and Legal Discovery challenges today and how CloudNine addresses those challenges.

Today’s ACEDS webinar at noon CT (1pm ET, 10am PT) is titled Data, Discovery, and Decisions: Extending and Enhancing Legal Discovery.  This is a one-hour session that I will be conducting that is part presentation and part demonstration, including a couple of new modules we’ve recently introduced at CloudNine.

Presentation Highlights:

  • The Objectives of Data Discovery and Legal Discovery
  • A Framework for Approaching Discovery
  • Tasks and Tools For Effective Discovery

Demonstration Highlights:

  • CloudNine eDiscovery Platform (Upload/Process/Review/Produce)
  • NEW: Outpost from CloudNine: Data Transfer into Relativity
  • NEW: CloudNine Legal Hold Notification

If you want an opportunity to learn a lot more about CloudNine and how we address today’s challenges in data and legal discovery, this webinar is for you!  To sign up for today’s webcast, click here.  Hope to see you there!

So, what do you think?  Do you feel overwhelmed by the challenges presented by Big Data today and how to address them to meet your litigation needs?  If so, please feel free to join us!  And, as always, 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.

Here’s a Chance to Learn What You Need to Know About Cybersecurity and Data Privacy in 2017: eDiscovery Best Practices

You’ve heard the horror stories. Maybe even experienced them yourselves.  Data breaches are happening within organizations at an alarming rate, and sensitive data is being compromised regularly. As an attorney, what can you do to protect yourself, your firm and your client from becoming a victim? And, what do you need to do to keep up with ever-changing requirements for data security, both within the US and internationally?

On Wednesday, May 31 at noon CST (1:00pm EST, 10:00am PST), CloudNine, along with our friends, the cybersecurity experts at Firm Guardian, LLC, will conduct the webcast What Attorneys Need to Know About Cybersecurity and Data Privacy in 2017.  This one-hour webcast will discuss what you need to know today about cybersecurity and data privacy to protect the sensitive data that your organization manages every day.  Examples of topics being discussed include:

  • The State of Cybersecurity in the U.S. in 2017
  • Top Threats Facing Your Practice
  • Your Responsibility to Your Clients: The High Cost of Data Leaks
  • How to Protect Your Firm and Your Clients
  • Recent Developments in International Data Privacy
  • Criteria for Evaluating Providers in Your eDiscovery Projects
  • Ethics Considerations
  • Looking Forward: The Future of Cybersecurity in the Legal Field

I’ll be presenting the webcast, along with Julia Romero Peter, General Counsel and VP of Sales at CloudNine and joining us from Firm Guardian will be Sean Hall, CEO at Firm Guardian and Paul Cobb, the company’s COO.  The Firm Guardian team has over 30 years of combined experience dealing with foreign and domestic cyber-threats against government and military targets.  So, they have a lot of good information to share to help your organization combat those threats!

To register for the webcast, click here.  Don’t be this firm.

Also, I will be in Chicago on Tuesday, May 23 for the Chicago leg of The Master’s Conference.  The conference will be held at the Wyndham Grand Chicago Riverfront at 71 E Upper Wacker Dr., Chicago, IL 60601.  If you’re going to be in Chicago that day (or close enough to come in for it), you can register here for the full day event (or attend for just half a day, if that’s all your schedule permits).  I will be moderating a panel discussion on Data, Discovery, and Decisions: Extending Discovery From Collection To Creation, at 1:45pm on that day, with panelists Matthew C. Wolfe, Attorney with Shook, Hardy & Bacon, LLP, Ryan Tilot, Counsel, eDiscovery and Information Governance with Seyfarth Shaw and Mykhaylo Bulyk, Manager, Cyber Intelligence & Incident Response with CDK Global.  If you’re in Chicago, hope to see you there!

So, what do you think?  Do cybersecurity and data privacy concerns keep you up at night?  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.

Do We Have a Confidence “Spring” in Our Step in 2017?: eDiscovery Trends

The results are in from the Complex Discovery Spring 2017 eDiscovery Business Confidence Survey, which has just concluded and (as was the case for the 2016 Winter, Spring, Summer and Fall surveys and the 2017 Winter survey) the results are published on Rob Robinson’s terrific Complex Discovery site.  How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery?  Let’s see.

As always, Rob provides a complete breakdown of the latest survey results, which you can check out here.  So, to avoid redundancy, I will primarily focus on trends over the past four surveys to see how the responses have varied from quarter to quarter and will take a look at a year over year comparison to the Spring 2016 survey.

The Spring 2017 Survey response period was initiated on April 17, and continued until registration of 100 responses on May 3 (this survey was capped at 104). Rob notes that this limiting of responders to 100 (or so) individuals is designed to create linearity in the number of responses for each quarterly surveySo, in the future, if you want your voice heard, respond early!

Percentage of Provider Respondents Continuing to Rise: Of the types of respondents, 58.6% were either Software and/or Services Provider (44.2%) or Consultancy (14.4%) for over half of respondents as some sort of outsourced provider (over half of total respondents – I’m counting law firm respondents as consumers even though they can also be providers as well).  Law firm respondents comprised a majority of the remaining respondents with 30.8%.  Corporate responders were a distant fourth with 4.8% of respondents; no other type of respondents was over 3%.  Here’s a graphical representation of the trend over the past four quarters:

When comparing this year’s Winter survey to last year’s survey, it is clear that (despite the continued trend toward a rise in percentage of provider respondents), the survey is (barely) still more diverse than it was a year ago, especially with regard to the percentage of law firm respondents:

Just Over Half of Respondents Consider Business to Be Good: Over half (52.9%, to be exact) of respondents rated the current general business conditions for eDiscovery in their segment to be good, with only 6.7% rating business conditions as bad.  Last quarter, those numbers were 49% and 9% respectively, so this quarter reflects more bullish than last quarter, continuing the trend of up and down quarter over quarter.  Will the summer mean another downturn?  We’ll see.  Here is the trend for the last four quarterly surveys:

When comparing against last year’s Winter survey, respondents this Spring aren’t as bullish as they were a year ago (over 60% rated the current general business conditions for eDiscovery in their segment to be good in 2016).  Of course, the survey was smaller and more provider-centric back then (for what it’s worth):

Almost Everyone Still Expects eDiscovery Business Conditions to be as Good or Better Six Months From Now: Almost all respondents (96.2%) expect business conditions will be in their segment to be the same or better six months from now (well above last quarter’s 86%), and the percentage expecting business to be better jumped back up to 47.1%.  Revenue (at combined 93.3% for the same or better) and profit (combined 93.3%) also rose from last quarter (for the first time ever, half of respondents expect higher profits in six months).  Here is the profits trend for the last four quarterly surveys:

When compared against last year’s Winter survey, the distribution for profits six months from now was way more bullish with a 10.5% increase of respondents expecting higher profits and a 2.5% decrease of respondents expecting lower profits:

Increasing Volumes of Data is Still Most Impactful to eDiscovery Business: Increasing Volumes of Data was the top impactful factor to the business of eDiscovery over the next six months at 25%, with Budgetary Constraints next up at 21.2%.  Lack of Personnel was close behind in third with 20.2%, followed by Data Security (16.3%), Increasing Types of Data (10.6%) and Inadequate Technology (at 6.7%) bringing up the rear.  The graph below illustrates the distribution across the most recent four quarterly surveys.

A year ago, Budgetary Constraints was voted as the most impactful to eDiscovery business, but ever since then, Increasing Volumes of Data has been first or tied for first, so it’s a clear consistent impact on eDiscovery business these days:

Executive Leader Respondents Moving Back Up: Last time, the three groups of respondents were fairly balanced.  This time, Executive Leadership respondents rose again (to 44.2%) and was the clear leader, with Operational Management and Tactical Execution splitting the remaining respondents (at 27.9% each).  Here’s the breakdown of the last four quarters:

Nonetheless, the survey is certainly more distributed than last year, where Executive Leadership was a majority of the responses.  It will be interesting to see what the distribution is in the Summer survey.

Again, Rob has published the results on his site here, which shows responses to additional questions not referenced here.  Check it out.

So, what do you think?  What’s your state of confidence in the business of eDiscovery?  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.

Corporate Counsel Best of 2017 Survey Results: eDiscovery Trends

Last year, we covered the inaugural Best of Corporate Counsel Survey of the top providers to the in-house corporate legal marketplace in July.  This year, Corporate Counsel apparently decided to move it up a bit as, on Monday, it released its Corporate Counsel Best of 2017 results, which (once again) include rankings in a few litigation support and eDiscovery categories.

As they note in their introductory letter, Corporate Counsel Best of 2017 highlights the businesses and individuals who garnered the most votes from members of the in-house legal community.  Voting was conducted via online ballot and limited to those working within in-house corporate legal and compliance departments.  Once again, the ballot consisted of 55 categories and over 1,500 votes were cast.

The survey results start here and span eighteen(!) pages with advertisements interspersed throughout.  Here are the results of some of the notable eDiscovery categories:

END-TO-END LITIGATION CONSULTING FIRM

  1. RVM
  2. CloudNine Discovery
  3. Elite Document Technology

END-TO-END E-DISCOVERY PROVIDER

  1. Elite Document Technology
  2. RVM
  3. CloudNine Discovery

TECHNOLOGY ASSISTED REVIEW E-DISCOVERY SOLUTION

  1. RVM
  2. Elite Document Technology
  3. CloudNine Discovery

DATA & TECHNOLOGY MANAGEMENT E-DISCOVERY PROVIDER

  1. RVM
  2. Elite Document Technology
  3. CloudNine Discovery

DATA RECOVERY SOLUTION PROVIDER

  1. RVM
  2. Ernst & Young, LLP AND Kroll Ontrack
  3. BDO Consulting

LEGAL HOLD SOLUTION

  1. Legal Hold Pro by Zapproved
  2. Exterro Legal Services
  3. Relativity Legal Hold

MANAGED DOCUMENT REVIEW

  1. Elite Document Technology
  2. RVM
  3. Ernst & Young LLP

MANAGED E-DISCOVERY & LITIGATION SUPPORT SERVICE PROVIDER

  1. RVM AND Elite Document Technology
  2. CloudNine Discovery
  3. BDO Consulting

ONLINE REVIEW PLATFORM

  1. Elite Document Technology
  2. Relativity by kCura
  3. CloudNine Discovery

E-DISCOVERY MOBILE APP

  1. Exterro
  2. CasePoint for iPad
  3. APPlied Mobile (LexisNexis Applied Discovery)

LEGAL PROCESS OUTSOURCING

  1. Elevate
  2. Epiq
  3. Discover Ready

INFORMATION GOVERNANCE SOLUTION

  1. RVM
  2. PwC
  3. CloudNine Discovery

PREDICTIVE CODING E-DISCOVERY SOLUTION

  1. Elite Document Technology
  2. Druva
  3. FTI Consulting

LEGAL/LITIGATION SUPPORT STAFFING AGENCY

  1. Robert Half Legal
  2. DTI
  3. Special Counsel

So, what do you think?  Do you agree with the selections or do you have a different favorite provider in any of these categories?  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.

Everything You Need to Know about Buying eDiscovery (eDisclosure) Systems: eDiscovery Trends

If you ever wanted to know how many providers there are in the eDiscovery (eDisclosure) space, what services they provide and where they fit in the EDRM model, this is as comprehensive a guide as you can find.

Authored by litigation support and “eDisclosure” (that’s what they call eDiscovery across the pond) expert Andrew Haslam, the eDisclosure Systems Buyers Guide – 2017 Edition provides an overview of key technology considerations, industry approaches and vendor capabilities regarding eDisclosure.  Covering topics from the EDRM Model to vendor service and software analysis, the guide provides a complete and credible resource for legal and IT professionals seeking to understand and apply eDisclosure concepts, processes, techniques, and tools.

The target audience for the Guide are those individuals who understand they have a requirement, but don’t know how to proceed with the next steps. It is assumed that people within organizations that have a litigation support function, will turn to them in the first instance for advice, but might use this document as a primer on what’s available.

The Guide is based on Andrew Haslam’s general experience in the marketplace, also drawing from a number of vendor procurement exercises. The information on firms and software tools has been provided by the organizations themselves, albeit moderated by the author.

The Guide is an impressive 436 page PDF guide, yet is easy to navigate, with a detailed (and linked) table of contents that provides an Executive Summary, Guide Structure, a breakdown of each of the EDRM phases, a description of technology areas, a market survey, a proposed procurement approach in selecting vendors, additional resources and a comprehensive list of service “suppliers” and software providers (101 in all) which comprises the majority of the guide.  If you provide both services and software, you’re listed in both sections.  So, for example, CloudNine (shamless plug warning!) is listed on both page 116 of the PDF (104 of the document) in the services section and 280 of the PDF (268 of the document) in the software section.  Andrew even mentions our blog in the first section!  Thanks, Andrew!

In all seriousness, though, Andrew’s bios for each provider are very comprehensive and many are more than one page.  So, the Guide is more than just a cursory listing of providers, it’s a detailed listing that includes a detailed description of their services, providing the buyer with a terrific head start in understanding what each company does and whether their services and/or software might meet their needs.

Andrew is currently employed as the UK eDisclosure Project Manager for Squire Patton Boggs, so he makes sure to note that all opinion within the Guide is Andrew’s personal viewpoint and does not represent any views, opinions or strategies of Squire Patton Boggs.

So, what do you think?  Are you in the market for an eDiscovery (eDisclosure) provider or solution?  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.

Today’s the Day to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices

Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Pitfalls and Potholes to Avoid in Your eDiscovery Projects.  This one hour webcast will discuss some of the most common “pitfalls” and “potholes” that you can encounter during the discovery life cycle from Information Governance to Production and how to address them to keep your discovery project on track.

I’ll be presenting the webcast with Karen DeSouza, Director of Review Services at CloudNine and we will discuss twenty(!) different “pitfalls” and “potholes” that you can avoid to keep your project on track.  Examples of issues being discussed include:

  • Avoiding the Mistake in Assuming that Discovery Begins When the Case is Filed
  • How to Proactively Address Inadvertent Privilege Productions
  • Up Front Planning to Reduce Review Costs
  • How to Avoid Getting Stuck with a Bad Production from Opposing Counsel
  • Understanding Your Data to Drive Discovery Decisions
  • Minimizing Potential ESI Spoliation Opportunities
  • Ways to Avoid Potential Data Breaches
  • How to Avoid Processing Mistakes that Can Slow You Down
  • Common Searching Mistakes and How to Avoid Them
  • Techniques to Increase Review Efficiency and Effectiveness
  • Checklist of Items to Ensure a Smooth and Accurate Production

If you’ve ever managed a discovery project for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” can (and will) occur that can derail your project. These issues can add considerable cost to your discovery effort through unexpected rework and also cause you to miss important deadlines or even incur the wrath of a judge for not following accepted rules and principles for discovery.

To register for the webcast, click here.  You may thank us later. :o)  Hope you can attend!

So, what do you think?  Have you encountered “pitfalls” or “potholes” in your discovery projects?  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.

Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends

As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today.  As part of our commitment to eDiscovery education, I’m delighted to be participating in the series again this year.  In preparation for today’s kickoff event, I interviewed Robert Childress, CEO of The Master’s Conference to understand how the event came to be and what makes it unique compared to other conferences within the eDiscovery schedule.

By the way, today’s event will be held at Bently Reserve, 301 Battery St, San Francisco, CA 94111.  Registration begins at 8am, with sessions starting right after that, at 8:30am.  Click here to register for the conference.  CloudNine will be sponsoring the session Data, Discovery, and Decisions: Extending Discovery From Collection To Creation at 1:45pm.  I will be moderating a panel that includes Gordon J. Calhoun, Partner with Lewis Brisbois Bisgaard & Smith LLP, Jamie Raba, Attorney with Seyfarth Shaw LLP and Julia Romero Peter, General Counsel and Vice President of Sales with CloudNine.

Robert has continued to impact the many lives, companies and your day to day roles within the legal industry. If you are part of diversity groups, use legal research or products for processing and review, Robert has had a role. Mr. Childress is a visionary that focuses on bettering the legal community in all aspects. Robert has been recognized as one of the 25 most influential people in the legal industry. From the cover of magazines, news organizations and articles he has been a force in improving our industry. Over 25 years, he has held executive positions with some key legal corporations including Lexis-Nexis 5a Security, Thomson & Thomson, Elsevier Science, McGrawHill, Shepards, Wave Software and founder of The Masters Conference. Early in his career at LexisNexis, Robert managed product design, software sales for lexis.com. During his tenure, Robert has been awarded numerous contracts from clients such as the FBI, CIA, White House, Homeland Security, McDonald’s, Google, Littler and Walmart which have bolstered many company’s already elite portfolio of customers. Among his many achievements, Robert is the founder of the Masters Conference and the co-founder of a charity golf events, networking groups and associations for lawyers. Robert has been featured many times over the years within National Register Who’s Who, LTN Florida IT, Chicago Lawyer Legal Technology, BNA, INC. ARMA, EDRM Quarterly, ACEDS, and LTPI.  He is now part of the board of ACEDS, advisory panel of LTPI and serves on advisory roles within in many associations.

Tell me about your career before The Master’s Conference.  Why did you decide to launch the Conference?

I love this question, Doug, because I don’t think I lot of people are aware of my background.  In 1992, I was graduating high school, and I found this company in Colorado Springs called Shepards McGraw-Hill that was offering to pay for 80% of my college tuition.  So, I started working on “ending pages” from 6 am in the morning until noon and then went to school.  “Ending pages” was the process of going through a physical book of cases, case by case, and putting a check mark on the left or right side of the page just to tell where the case ended.  So, when we created the CD-Roms, they knew where to stop.

After a while, I started moving up in the company, and after I had got married, they offered me a great job in Washington DC after Lexis bought Shepard’s where I was the Lexis Nexis rep at age 25.  I was the youngest salesperson at Lexis (out of over 200 sales people), and I had this prime spot with the White House and FBI, among other clients.  I left Lexis in 2001 after working with Jeb Bush’s office at the time as the government rep for Lexis (I dealt with all of the governor’s offices in the southeast).  I noticed a CD in his office with a bill attached for $30,000, and I asked what it was for.  The secretary in the office said, “we had a guy collect data from a hard drive for us” (keep in mind, the term “eDiscovery” didn’t exist back then).  Because I was (and still am) a computer nerd, I knew how much per-megabyte costs were back then.  Not per gigabyte, per megabyte – a gigabyte was a lot of data back then.  I thought “holy crap, $30,000 is a lot to pay to pull around 600 or 700 MB of information!”

So, I started working with a friend who was a forensics expert, and we would make around $100,000 for three days’ worth of work.  We would collect and process hard drives and give the data to Holland and Knight law firm and others.  I decided to start a service bureau.  I went from a cushy job at Lexis with all of the perks, travel benefits, and so forth to working Sunday mornings at two in the morning preparing trial boards and exhibits and performing forensics for clients.  After four years of that, I realized that I was miserable – it was crazy money, but I never stopped working.

Having used LAW, Ipro and Discovery Cracker back then in 2005, I found an investor for a concept I had which became the company Wave Software with a software product called Trident.  Unless you had a lot of money to advertise with LegalTech and ALM, it was tough to get a product launched successfully.  So, I decided that I would create a users’ group that wasn’t around Wave Software, but would be separate.  In other words, I would create my conference, and I would get people to sponsor it, to pay for it.  That was called The Master’s Conference.

Lexis had this triangle approach to sales: product, education, and community.  You understand the education piece because CloudNine provides a lot of education.  With Wave and Master’s, I thought we need to have a membership group and realized that about 60% of the industry comprised of women, so I created Women in eDiscovery (WiE) with my wife, who recruited numerous high profile women in the industry and now it’s a huge group.  Now, I had that triangle approach.  That was my big impact on the space – those three things.

I left Wave Software in 2012 and WiE became non-profit, and The Master’s Conference became my primary focus.

How does your approach to The Master’s Conference differ from other conferences?

Now that I own a conference, it’s unusual because I have 21 years’ experience in legal research, forensic collections, and software development.  What’s different about Master’s is that I don’t run events, I enjoy events.  I enjoy the community and the dialogue.  I wish I had more money and resources to do what I enjoy.  When I engaged the other conferences during my time at Wave, it became very apparent that individuals who hosted events hadn’t been in the trenches.  They’ve never been doing client work at 2 am on a Sunday. They’ve never had experiences like that.  I think that’s my value.  While on the surface, Master’s may look like just another conference, but I know how to plug my provider participants into different clients and how you fit within those clients.  I understand that.

I don’t mean this as a “shot across the bow,” but more of clarification.  There are very few conferences that don’t have some agenda.  They’re either owned by a magazine or by a group that doesn’t focus on client relationships as I do.  They just happen to have an equitable division.  I used to sit on the board of LegalTech for about three years.  Some groups have a magazine and have had to publish for a long time and can’t get away from doing events because it’s so much revenue compared to their publishing piece, which has dwindled as everything has moved online.  So, they try to squeeze as much money as they can out of the events.  If you want a booth, great, that’s six grand, you want the floor sponsor, that’s six grand, and so forth.

There’s another group, which is the “click” group.  It’s the “good ole boy network.”  It’s the same usual suspects we saw eight years ago in one group, and you start to see factions start to happen.  We’ve seen it over the past couple of years where one speaker won’t be on the same panel as another speaker – even though they are both brilliant people, they just don’t like each other’s opinions.  But, if you research it, you find that both of them have a significant stake in what their respective organizations are doing so that influences their positions.

My focus is Diversity.  One, I’m not owned by any magazine, nobody can tell me what I can or can’t do.  Two, I listen to the clients and can “move on a dime” in meeting their needs.  For example, you and I are working on some stuff related to the webinars that you’re doing for CloudNine, and I can have that done and just say “let’s do it.”  I don’t have to get approval.  The third thing is when I speak about “diversity,” I’m not just talking about men, women or ethnicity; I’m talking about knowledge.

I’ll give you an example.  We had a prep call today for the San Francisco event, which has the theme of Minority Report. The discussion was on predictive analytics with a group that might not be part of the “click” that’s really receiving the opportunity to influence the debate at some of the other conferences because they’re unable to pay the money.  My idea is to take people from different groups, with different perspectives, regardless of resources they have to influence the conversation, and just try to solve the problem.

Where do you see The Master’s Conference heading in the future and how do you think that will coincide with the direction of the eDiscovery market?

Let me answer the market question first.  The more that the market continues to consolidate and these companies gobble up each other (and become part of IBM, Microsoft, HP, you name it), I think the opposite happens.  As more and more organizations start to “become one,” it opens up the specialty shops.  In the 90’s, there was a push for stores to all look the same within an organization, so, for example, regardless of which Home Depot you went into, you could find a hammer in the same place.  What’s happening with Yelp and other sites like it is that the specialty shops are emerging.  So, if you’re looking for a particular type of cheese, you’re looking for a cheese shop whereas, maybe ten years ago, you wanted to see if WalMart had it.  In our market, a similar thing is happening – the market is expanding, and that means we can focus on a lot of detailed offerings instead of just a one stop shop.  IBM bought PSS Atlas and had made other acquisitions and rolled it into their program.  They were the third-day keynote and LegalTech and had all these pitches, yet nowhere that I go I hear about IBM.

So, I think Master’s will always have a play.  There will always be plenty of clients for us, lots of opportunities, especially when you consider that the mid-tier and small firm markets have yet to be tapped.  In those businesses, you can buy a product without having to go through so many hoops to get approval to buy it.  So, I see the market exploding.  You also see cyber getting more involved in our space, and I think we’re bridging the gap between law and cyber.  We’re eleven years old, and we’ve been a player for a long time. I believe the next step for Master’s is to continue to refine, continue to develop high content, deliver great speakers and provide great experiences while still keeping it attainable and affordable for our clients to participate while being diverse.

Thanks, Robert, for your time!

So, what do you think?  Are you going to be in San Francisco on April 25?  If so, come join us!  And, as always, 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.

Has eDiscovery Business Gotten a Bump or a Slump from Trump?: eDiscovery Trends

Don’t be a chump, be the ump!  It’s time for another quarterly eDiscovery Business Confidence Survey!  This time, it’s the Spring 2017 eDiscovery Business Confidence Survey created (and cleverly titled) by Rob Robinson and conducted on his terrific Complex Discovery site.  It’s the second year of the quarterly survey and we’ve covered every round of the survey so far (2016 coverage of results are here, here, here and here, and Winter 2017 coverage is here).  Now, it’s time for the Spring 2017 Survey!

As before, the eDiscovery Business Confidence Survey is a non-scientific survey designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem. The term ‘business’ represents the economic factors that impact the creation, delivery, and consumption of eDiscovery products and services.

This year’s survey consists of nine multiple choice questions focused on factors related to the creation, delivery, and consumption of eDiscovery products and services and may be useful for eDiscovery-related business planning.  It’s a simple nine question survey that literally takes about a minute to complete.  Who hasn’t got a minute to provide useful information?  As always, individual answers are kept confidential.

The Spring 2017 Survey response period is between today and achievement of 100 responses or May 31, 2017 (whichever comes first).  If last quarter is indicative of the voting, the survey will be closed way before May 31.  So, vote early if you want to be counted!  What more do you need?  Click here to take the survey yourself.

Now that we have entered a second year for the survey, we’ve started to evaluate year over year results to differentiate those variations from quarterly fluctuations and eDiscovery Daily will cover the results once again!

So, what do you think?  Are you confident in the state of business within the eDiscovery industry?  Share your thoughts in the survey and, as always, please share any comments you might have with us or let us know 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.