Big Ideas to Rethink and Improve E-Discovery

Learn how to implement proper record retention policies with strict auto deletion features from a privacy practitioner who executed the dreaded "90 day email retention policy" at a multinational company. -

U.S.-based companies that do not have an international footprint may be surprised to learn that personal data cannot be transmitted from certain jurisdictions, such as the European Union, to the United States unless specific-legal requirements are met. Now that employees are working remotely and do not need to physically be in a U.S. office, U.S. companies need to be aware of these data privacy laws if employees move overseas and transmit personal data from those regions. This presentation will present such a scenario, and provide an example of the legal issues implicated, for example, if an employee moved to Europe to work remotely for a U.S. company. -

The role of the chief legal officer has changed in the past few years. It has grown to encompass legal operations, privacy, compliance, and ethics. IT Security, Enterprise Risk, and Enterprise Data all have a dotted line to the CLO. In this edtalk, learn how Legal Governance, Risk and Compliance (GRC) technology and automation are critical to handling this expanded scope and achieve the speed, accuracy, and efficiency demanded by modern businesses. -

In this edTalk, learn how legal professionals are using Artificial Intelligence while considering the history of AI use (including Technology Assisted Review) in the profession by attorneys. Additionally, discover how legal professionals using AI based on the advice of third party experts. -

Value varies by circumstance and is not easily calculated by looking at boxes on a process map. This can be especially true in the hectic world of high-stakes litigation where a case’s ultimate value may be measured only on the outcome. However, a focus on gaining efficiency in e-discovery by capturing and analyzing metrics can be the key to building a solid program that enables the better legal outcomes and lowers costs and burdens. -

Building an In-House E-Discovery Program: What are some things you should consider including in your in-house E-Discovery program? In this edTalk, hear from one individual who brought the e-discovery program to life at her company. -

Cultural influences affect a users choice of social media. For example, the words chosen may mean something different based on the user. This presentation will address the importance and impact of diversity on the e-discovery team. -

E-Discovery is very prevalent in litigation given the explosion of communication devices and platforms. Such information may be necessary in litigation but the process of obtaining it in accordance with procedural rules and judicial preferences must not be overlooked. This edTalk will discuss judicial perspectives on resolving discovery issues and disputes. -

One of the most important elements of successfully conducting e-discovery activities is leveraging meet and confers to help both parties establish proportional and reasonable e-discovery parameters. This edtalk will review what topics should be discussed, who should be involved and how to work effectively with your opponent. -

In cases involving commercial issues it is common for the parties to enter into confidentiality agreements which may require a party to seek to seal any electronic document marked confidential that is filed with the court. Recent decisions require a judge to consider many matters on a document by document basis before permitting any filing to be sealed in whole or in part. -

Decision making regarding the scope of preservation and production in the E-Discovery world can be a perilous task. Learn from a judicial perspective best practices for a collaborative approach that results in efficient and cost-effective solutions. -

On a regular basis, I receive phone calls from other in-house legal professionals inquiring about how to manage the increasing demand and eDiscovery expenses resulting from an ever-growing and expanding electronic document world. In this edTalk, I'll discuss our journey and reasoning for investing in e-discovery technology and staffing, bringing an end-to-end eDiscovery solution in-house and how that has empowered our organization to take control of electronic discovery demands, mitigate risk and save millions of dollars on traditionally outsourced eDiscovery tasks. -

This edTalk will address ways firms can develop a global e-discovery program that will service the specific needs of the matter, comply with local laws and bring value to the client. -

This edTalk will discuss the Government Investigations Reference Model (GIRM) and steps that can be taken at the outset of an investigation to establish and maintain the attorney-client privilege and work product protections. -

About a dozen years ago, e-discovery presented a new business challenge for corporate legal departments. We find ourselves on the cusp of something very similar, how privacy and e-discovery are converging to present an entirely new business challenge. -

Outside of the hype practitioners deep in the weeds of discovery find that GDPR has created new and interesting issues, but also new opportunities for discovery. A look at some of these topics and possible solutions. -

The Civil Rules Advisory Committee purports to preclude the exercise of a judge's inherent authority to issue sanctions for the spoliation of electronically-stored information.  This seemingly innocuous note to Rule 37 raises surprising constitutional issues relating to the separation of powers. -

The use of machine learning to support e-discovery is widely known, but artificial intelligence has much broader applications for the legal industry.  In this edTalk, learn how artificial intelligence really works, what the best applications of AI are currently, and how AI will impact the legal industry in the future.  -

The value of in-house e-discovery teams and technologies extends beyond simply gathering data relevant to discovery demands. In-house e-discovery teams can play an important role in early data assessment, litigation preparedness, and information governance initiatives resulting in cost savings/avoidance for the organization. -

As technology proliferation accelerates and data sets move to the cloud, advancing the IT/Legal partnership becomes even more essential. As an e-discovery manager with a background in IT, in this edTalk, Gene will offer some important tips to facilitate effective communications between legal and IT departments. -

Cross-border discovery did not end on May 25, 2018 when the GDPR became effective. This edTalk will address ways to mitigate conflicts between the GDPR and US discovery obligations. -

Collegial competitive disconnects between information security, data protection, e-discovery, supervising litigation and outside merits counsel can negatively impact the adoption of innovation and risks reputational damage to our profession. Learn how recognizing, leveraging and learning from the strengths of our colleagues can turn a hostile heat into a healthy competition for technical competence.  -

Do you know how to successfully authenticate ESI (e.g. social, mobile content)? In today’s digital age it’s a must. Learn how to successfully authenticate ESI along with the hurdles a proponent of admissibility will have to surmount, and arguments which can be made against admissibility of ESI. -

A hard look at the challenge of lawyer competence in information technology and e-discovery, addressing the question, "Must the paper chasers die off, or can trial lawyers learn to thrive in a digital world?" -

Like life in the real world, life in the digital world is likely to be nasty, brutish, and short without governance. Learn how "Programatic Information Governance," while complex and difficult to achieve, is the key to escaping the digital "state of nature" and moving organizations of all sizes toward greater security and prosperity.  -

As compared to manual human review, predictive coding potentially can do the same work in less time, at lower cost, and with equal or better quality. But not all machine learning algorithms are the same. And not all approaches to using predictive coding will lead to similar results. Learn how practitioners can improve their approach to predictive coding and make their reviews more efficient with better outcomes. -

The availability of ESI makes it easier than ever to tell a story and to piece together the facts. Rather than getting lost in your data, imagine the landscape of available data as a series of puzzle pieces that may or may not be for the puzzle you are building. Learn how to find the right puzzle pieces and put them together — and why the notion of thinking that way will help refine your discovery efforts and make them much more productive and valuable.  -

Employee changes at any organization are common and unavoidable; in this session learn about the types of employee movement you should worry about, why they are important, and what can be done to keep your data safe. -

Office 365, Microsoft’s market-leading email, collaboration, and file storage platform is one of—perhaps the most—significant technologies to impact the legal and information governance professions over the past 20 years. Why? First, it is becoming one of the primary locations where organizations store their corporate data. Second, built into Office 365 are tools that enable an organization to perform discovery tasks such as identification, preservation, collection, and even predictive coding. Third, Office 365 includes retention and disposition features which support implementing an information governance framework. -

Clients need their lawyers to help them address increasingly complex problems-the kinds that only teams of multidisciplinary experts can tackle. Yet, even the best-intentioned lawyers often confront barriers to collaboration: working together often seems messy, risky, and expensive.  Dr. Gardner's research shows that firms earn higher margins, inspire greater client loyalty, attract and retain the best talent, and gain a competitive edge when specialists collaborate across functional boundaries. Learn how to foster smart collaboration to reap benefits for you, your clients and GT. -

For decades legal teams have struggled with properly leveraging proportionality in regards to discovery. Learn how proportionality should be applied in today's courts and walk away being able to answer questions like: When is it required to be considered? What should counsel do to prepare for and to properly present the issues regarding proportionality? How should the court decide what is proportional? -

Discovery costs associated with retention, review and production have been blamed for why litigants do not seek relief or why some parties settle non-meritorious claims.  Are these true statements?  Can the civil justice system be saved? -

With so few cases going to trial, lawyers may be unaware of provisions in the Federal Rules of Evidence (FRE) that protect privilege during discovery. In this edTalk, Judge Peck will discuss why every lawyer should use FRE 502(d) in every case to prevent waiver of privilege. -

Learn how paralegals can take advantage of opportunities to become e-discovery leaders in their organizations. -

TAR can be confusing, especially for less tech savvy people. Learn ways you can clearly present the defensibility and benefits of TAR to both lawyers and clients. -

Get the tools and tips that smaller firms can use to level the playing field when engaging in e-discovery proceedings with larger opposing parties. -

In the legal industry, we have observed two conflicting reactions to artificial intelligence: both resistance to using algorithms that have been shown to be effective and efficient, and over reliance on algorithms that are unproven and dangerous. This edTalk will address these opposing tendencies from psychosocial, economic, and scientific perspectives. -

Controlling doc review costs and making proportionality objections under revised Rule 34(b)(2) is tricky, especially if your main complaint is overburdensomeness. The metrics you need for a good review plan and valid objection both depend on being able to estimate the time and costs of review. This talk will give you a quick peek on how to do that. -

E-Discovery is typically conceived as a question of technology: How can we use electronic tools to solve the problems of electronic information? But this conception risks abandoning or devaluing necessarily human aspects of e-discovery—especially relationships of trust. Focusing particularly on e-discovery for in-house legal teams and large organizations, this talk addresses the continuing need to integrate trust as part of the e-discovery process.  -

Are e-discovery costs recoverable by the prevailing party as part of the costs of producing material necessary to the pursuit of the litigation? If so, how much of those costs can be assessed against the losing party? Learn how best to maximize recovery if you are the prevailing party and minimize the recovery if you are the losing party. -

The rules of ethics may serve as an impediment to the kind of cooperation judges expect at an e-discovery meet and confer if lawyers interpret them to prevent cooperation. Is that a fair interpretation and do we need clarification of what a lawyer’s ethical obligation is at the meet and confer? -

Legal professionals have technological apprehensions when it comes to e-discovery, which have created outdated discovery cultures. In this edTalk, learn how to create a shift in mindset that can catapult the way legal professionals handle e-discovery into the tech savvy 21st century. -