Just The Basics: An E-Discovery Primer for Paralegals and Litigation Support
Before you attend the ACEDS West Coast E-Discovery Summit, brush up on basic e-discovery skills and knowledge with two experts from Stroock & Stroock & Lavan LLP, a national commercial litigation and transactional firm. These experts will walk you through the cornerstones of an e-discovery project. Moving through the Electronic Discovery Reference Model, this 75-minute webcast will give guidance on what roles and responsibilities paralegals and litigation support professionals must perform to play an integral role in their organizations’ e-discovery processes. Presenters will give tips on:
- Becoming familiar with terms and procedures,
- The first steps to take when you receive a case involving e-discovery,
- The essentials of legal hold, Rule 26(f) conferences, document search and review, privilege protection and production formats, and
- Preservation and collection strategies.
Hiring and Compensation: What Litigation Support Experts and Other Legal Professionals Need to Know
Join Charles A. Volkert, Esq. executive director of Robert Half Legal and executive managing director of Robert Half Legal eDiscovery Services and Gary C. Rosen, managing shareholder of Becker & Poliakoff, as they discuss the current job market and compensation trends for litigation support experts and other legal professionals. Our panelists will take a look at the hottest practice areas for 2014; examine in-demand skills and expertise; provide best practices for turning work on a project basis into a full-time career and reveal how job seekers can make themselves more marketable to prospective employers in the legal field.
Preparing for Success: How To Advance Your Career in E-Discovery
This webcast is for any aspiring, mid-level, or veteran professional in the e-discovery and legal technology space who is looking to stay current with industry hiring trends, improve value and marketability to a current or future employer, has curiosities about what to learn next, and wants to accelerate earning potential. Seasoned industry career manager and staffing recruiter, Jared Coseglia, will guide you in a step-by-step analysis and discussion of the following topics:
- Careers in e-discovery as they relate to different geographic market variables (both domestic and abroad),
- Hiring trends for various levels of talent (analysts, specialists, project managers, managers, directors, consultants, sales, and more),
- Vertical and horizontal growth options,
- Emerging career tracks and the future of e-discovery,
- The resume and the job description,
- Insights and best practices for hiring managers in law firms versus vendors,
- An understanding of corporate hiring trends, and,
- Salary statistics based on geography, position, and years of experience.
Attendees will receive solid data points about hiring trends throughout the country, look at the nuances involved in developing a successful career path, and will get tips and guidelines for everything from crafting the perfect job description to knowing how to hire the right talent for your company.
The Ethics of Predictive Coding
As predictive coding adoption continues to grow, it’s critical that lawyers achieve a basic understanding of the use of analytics and machine learning for advanced review. Predictive coding triggers a range of tactical and ethical considerations — such as determining disclosure obligations, negotiating review and production plans, gauging accuracy and completion, and ensuring defensibility of the review process. This interactive, one-hour webinar explores these issues. Attorneys and others will leave this session with an enhanced understanding that will help enable them to better negotiate e-discovery protocols at Rule 26(f) conferences and interact effectively with service providers and consultants on advanced review strategies.
- What predictive coding is and what it is not: key terminology and concepts, including workflow considerations.
- Navigating concepts such as cooperation, proportionality, and reasonableness, plus disclosure issues and ethical traps to be avoided.
- The latest pertinent case law and methodologies for regarding adoption and defensibility.
Creating a Defensible E-Discovery Search Strategy that Doesn’t Break the Bank
General Counsel face extraordinary pressures to predict and reduce e-discovery costs. With various options for searching for e-discovery, how can counsel select a search strategy that is appropriate for their cases, that is predictable and defensible, and that reduces costs?
This webinar will explore defensible and cost-effective methods to construct searches when predictive coding and technology-assisted review are not wise choices. Stay ahead of the curve with alternative strategies like:
- Iterative keyword searches,
- Linear searches,
- Pattern identifications,
- Domain analyses and conversation analyses.
Experts will show you how to create an effective e-discovery search strategy that increases defensibility and efficiency while decreasing costs and delays.
A Day in the Life of an E-Discovery Case Manager
E-discovery is a hectic arena, where law and technology intersect to provide solutions to complex litigation challenges. From millions of documents to tight production deadlines, no one understands the realities of the e-discovery frenzy better than an e-discovery case manager. Whether based at a law firm, corporation or software provider, e-discovery case managers are the people in the trenches, helping guide an e-discovery project through the ups and downs. Join us as we hear from some of the best e-discovery case managers as they discuss:
- The day-to-day highs and lows of being an e-discovery case manager
- Some of their most successful cases (and why they ended so well!)
- Ways to ensure your next e-discovery project won’t be a nightmare
How to keep OCR errors from spoiling your e-discovery party
The use of document scanners and PDF assembly tools within businesses today is at an all-time high, which guarantees that you will be involved in electronic discovery projects that will require processing scanned documents with optical character recognition (OCR) software. While OCR technology has been around for decades and has long been a feature in traditional legal discovery, for many eDiscovery professionals it remains a mystery and as a result is misunderstood – often mistakenly derided as highly inaccurate and error-prone. Join this session to learn how to think like an OCR expert to help you correctly process and ensure these special electronic documents are 100% searchable with document review tools. In this information-packed webinar we’ll cover the prevalence of digitized documents, the basics of OCR technology, why all OCR engines produce errors, external factors that contribute to OCR errors, what you can do to minimize and prevent errors and how to easily fix them when they occur.
E-Discovery Best Practices: The Crossroads of Legal Holds, Cooperation and Proportionality
E-discovery is no longer something you might have to deal with. It is something that you must prepare for properly or risk severe consequences. The eDiscovery Best Practices Model grew out of the Electronic Discovery Reference Model (EDRM) and drills down to the core of how practitioners should prepare for eDiscovery. In this webinar we will focus on the first three phases of the eDiscovery Best Practices Model: Litigation Readiness; Preservation Activities; and, Cooperation.
The Flavors of Data Analytics, Served Up for Attorneys
Data Analytics is frequently described as a “black box.” How can non-technical attorneys understand competing technologies that involve complex algorithms and an alphabet soup of flavors that includes LSI, PLSI, SVM and others? Join us as we break open the black box and show you what’s inside the different technologies, and how their different algorithms work on big data analytics and technology-assisted review. This presentation will tackle these complicated issues in a straightforward way for a non-technical audience.
Predictive Coding: How to Cut Through the ‘Hype’ and Determine Whether It’s Right for Your Review
With document review continuing to be the most expensive and time-consuming aspect of e-discovery, corporate counsel are seeking creative approaches for handling vast amounts of data in a cost-effective manner. Predictive coding is being heralded by many in the legal field as a key development in streamlining large-scale reviews and reducing expenses. Yet others have expressed concerns over its acceptability and defensibility within the judiciary system. Whether you currently use predictive coding or are evaluating it for future cases, you’ll want to hear our expert panelists discuss the pros and cons of technology-assisted review, including:
- Understanding the process
- The impact of recent court rulings and developments
- The risks, benefits and advantages of predictive coding
- Evaluating whether predictive coding is right for your case
- Balancing key elements and considerations
- Emerging best practices and stories from the field
Changes to the Federal Rules of Civil Procedure at final stages
The 2006 updates to Federal Rules of Civil Procedure (FRCP) put many requirements for e-discovery in place to address issues of volume, expense and sanctions. Last August, the Rules Committee proposed amendments to the FRCP to update these changes and address broader concerns identified at the 2010 Duke Conference. While not yet in final form, the Public Comment period has closed and the issues are sufficiently clear that their impact can be predicted. In this webinar, two outstanding experts on e-discovery discuss the proposed amendments, share their thoughts on what to expect and what corporate counsel can do to prepare.
Recycling Discovery in Pattern Litigation
Maintaining confidentiality takes the skill of a navigator to ensure privileged material is not produced to an opposing party. What was privileged intellectual property in one case is privileged in another. Moreover, none of the attorney work that went into conducting document review in pattern litigation should be forgotten at the end of each case, but recycled for future use to save time and costs. Join Sam Korte, senior patent attorney at Garmin International, Inc., and Kate Head, Esq, of Advanced Discovery, to learn best practices in navigating the use of hosted discovery in multiple cases to streamline the review process.
The webinar will explore best practices for efficient workflows, including:
• Leveraging Hosted Repositories in Pattern Litigation to Expedite Discovery Requests
• Protecting Privileged Intellectual Property in Multiple Cases
• Maximizing the Return on Investment for Data Used in Patent Litigation
• Digitizing Historical Reference Material to Refute Claims
• Saving Costs Focusing on the Merits of the Case
How to channel Predictive Coding and Forensics together within the Big Data Landscape
Take a walk through a hypothetical case study while utilizing various analytic and investigative forensic tools to calculate how a case evolves over a series of webinars to demonstrate best practices within the “Big Data” landscape. In this webinar our presenters will leverage predictive coding technology to quickly and efficiently locate valuable evidence and show how to bypass irrelevant data by the Gigabyte, saving time and legal spend. Tools from various areas in digital investigation will be utilized through machine learning to exemplify how the complete toolkit can be a success in a case matter.
Work Smarter, Not Harder with Portfolio Management
For years, there was an unspoken notion that the only way to approach e-discovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. As a result, many organizations have had to “re-invent” the wheel at the start of each case—meaning data is collected, analyzed, reviewed and produced wholly disconnected from other projects within that organization. This cycle has created a lot of inefficiency, especially considering that many aspects of an organizations’ existing case data could support the concept of a long-term, comprehensive portfolio management approach to e-discovery. Under the portfolio approach, the number of data transfers is minimized, the number of stored documents is reduced, and, ultimately, the cost of conducting e-discovery within your organization decreases significantly. Join two portfolio management experts as they discuss how to identify the ties that bind your e-discovery projects and maximize your efficiency with a portfolio management approach.
Stepping up to the big data challenge with teamwork and technology
UBIC North America, Inc. will present a webinar on the subject of big data challenges in the legal profession. Big data is defined as data of sufficient size, complexity or “velocity” (fast moving or which changes quickly) that it exceeds the capabilities of convention methodology. This same data may be in structured or unstructured form and presents many legal and logistical challenges. At a high-level, cost, deadlines and availability of properly trained staff are but a few of these challenges. As practitioners attempt to seek the truth whether for a legal matter, for compliance / regulatory purposes challenges continue. However, solutions and avenues are available! In the webinar, our panelists will address the challenges by detailing how data scientists and legal professional can work together, how enterprises can put in place information governance programs that leverage data analytics, what analytics tools are available and discussion of other, helpful resources. Don’t miss this opportunity to hear cutting edge answers to this ubiquitous subject.
Data Destroying Pitfalls of Processing PDF Files and How to Avoid Them
While from the outside all PDF files look alike, they’re not. PDF files can have very different characteristics that are a result of how they were originally created, which unfortunately you can’t control. Improper handling can expose to risk of inadvertent data destruction. With proper ESI processing protocols these risks can be eliminated. Speaker: Greg Gies, Director, Product Marketing, Nuance Communications Imaging Division Greg leads go-to-market planning for Nuance document imaging solutions for the legal industry. With over 15 years of industry experience, Greg has held positions in sales, product management and marketing. Greg holds an MBA from the Olin Graduate School of Management at Babson College and a degree in Economics from Indiana University.
Learn to Do More with Less: Best Practices for ‘DIY’ Legal Holds
Implementing an effective legal hold process can be an overwhelming task. Now consider doing it without any capital investment. Achieving more with less is not an insurmountable task, but it requires planning and keen evaluation of your organization’s in-house tools, abilities, personnel and risks. In this webcast, a companion to the ACEDS conference panel of the same subject, Michael Dixon, e-discovery program lead at Christiana Care Health System, and Allison Walton, founder of the consulting firm Fortis Quay, teach you how to:
- Identify, budget and allocate resources efficiently,
- Shoestring a legally-defensible legal hold process,
- Establish the appropriate corresponding policies,
- Develop a litigation response plan that identifies trigger events, custodians and data sources, and
- Implement compliance tracking and plan for a legal hold release.
This session identifies the minimal components to comply with legal hold deployment. By leveraging common office technology and support, organizations can build reasonable and defensible processes. Presenters Michael Dixon, CEDS | eDiscovery Program Lead | Christiana Care Health System | Delaware Allison Walton | CEO | Fortis Quay | Ojai, CA This webinar provides an advance look at the indispensible knowledge and training that will be offered at the 2014 ACEDS E-Discovery Conference, April 27-29, at the Westin Diplomat in Hollywood, FL. To learn more and register now, visit ediscoveryconference.com. Watch Now
Review Enhancement Technology: It’s All About Document Decisions Per Hour!
2013 was the Year of Predictive Coding. Certainly that work flow will enjoy a long future. But there are many ways to leverage the technology that makes Computer Assisted Review possible. This seminar will explore how Analytics can help improve your review productivity AND increase the overall quality of your reviews. We will explore when the use of technology is appropriate and how to maximize its effectiveness when it is. This is a real world look at how to use new technology within a law practice to manage increasingly challenging client budgets and demanding expectations.
Saving Dollars, Euros and Yen: Understand and Control Discovery Costs in Cross-Border Litigation
When faced with cross-border litigation or regulatory investigations, factors including multiple languages, disparate data types and strict data protection requirements can quickly lead to out-of-control discovery costs. Technology is only part of the solution – defensible data collections, scalable workflows and transparent budget reports are essential to ensuring the most cost efficient and accurate outcomes. Webinar Panel:
- Rachel Rubenson, Associate Vice President for Litigation at Barclays
- Scott Reents, eDiscovery Attorney for Cleary Gottlieb Steen & Hamilton
- Mike Flanagan, General Counsel for Consilio and former litigation partner at Gibson Dunn
- Robert Wickstrom, Vice President for Consilio
During this one-hour webinar, we will examine how to effectively manage several cost drivers; with an emphasis on cross-border scenarios:
- Creating effective cross-cultural project teams with internal and external resources
- Designing efficient workflows to accommodate varying requests in multiple jurisdictions
- Architecting data hosting in light of data protection requirements
- Assessing potential costs and monitoring project spend
People, Process and PLATFORM: Take control with a resilient and scalable e-discovery platform.
As more organizations consider the possibilities, there is much discussion these days with regard to in-sourcing, out-sourcing and managed discovery services (hybrid models) to manage, deliver and support high quality e-discovery services for your firm. The points to consider are extensive, and the results of this analysis are often unique to each firm and likely vary for each matter. This webinar will showcase how you can take advantage of current technology services, along with flexible and adaptive application licensing, to provide you with a wide array of options for all your matters, while remaining in control of your e-discovery environment. Please join us as we review real world examples, discuss trends we are seeing and answer questions we’ve received from clients about platform options. Speakers: Bob Rivas, Executive Director, Aquipt Iram Arras, Vice President, Product Strategy, iCONECT Patricia Isaacson, Firm Administrator, Seeger Weiss LLP Watch Now
Newsfeed: EDiscovery Trends of 2013
With #ediscovery more prevalent with each lawsuit, 2013 brought plenty of advancements and innovations. In this year-in-review newsfeed, experts from Kroll Ontrack will sift through the biggest hashtags from the last twelve months to:
- Discuss the most shared ediscovery stories of 2013
- Predict the ediscovery hot topics in 2014
From #PredictiveCoding to #BYOD, this is a update you have to tweet, pin and like before the new year! Speakers: Phil Favro, Independent Litigation Counsel Michele Lange, Director, Kroll Ontrack
Forging a Career in E-Discovery: Tips for Professional Development, Networking, and Landing a Job
Much has been written about the anemic job market for lawyers and other legal professionals. But business is booming in legal technology, and electronic discovery is leading the way. The lucrative e-discovery field has opened new doors for attorneys, litigation support, IT professionals, and others with the right set of skills. With law firms, service providers and corporations increasingly eyeing e-discovery practitioners, the time is right to make your move. In this ACEDS webcast, experts will give you pointers on:
- Identifying career paths,
- Making yourself marketable,
- Building a resume that attracts employers,
- Networking to succeed, and
- Professional development.
Speaker: Jared Coseglia, President of TRU Staffing Partners
HIPAA Audits and Compliance: What To Expect From Regulators and How to Comply
The much anticipated September 23, 2013 date has come and passed for Covered Entities to meet HIPAA’s new requirements. Going forward, the Health and Human Services Department’s Office of Civil Rights (HHS-OCR) will begin to more aggressively pursue audits. Moreover, there are several confusing regulations and laws that overlap in the healthcare arena. This webcast will explore these relationships and the actions Covered Entities must take for compliance. Laws addressed include The American Recovery Act (ARA), The Affordable Care Act (ACA), The HITECH Act, and HIPAA.
Speakers: Abbie P. Maliniak | Partner | Fenton Nelson Allison Walton | Chief Executive Officer | Fortis Quay Valarie Williams | Managing Director, HIPAA Consulting Practice | OnlineSecurityRX
Big Data: What It Means for Legal & Risk Management
In this program, Alon Israely, Esq., CISSP, Co-Founder of Business Intelligence Associates and Manager, Strategic Partnerships will help attendees understand the risks, obligations, best practices and standards associated with storing and managing Big Data. Professionals involved in records management, information governance, IT, compliance, security or litigation can gain valuable information and insights from attending this session. Attendees will learn the specific risks that can occur when data is missing, altered or inadequately preserved, along with best practices for reducing or eliminating these risks. The session will cover minimum standards for data integrity and privacy, including encryption, storage, vendor obligations and audits of security practices, such as chain of custody. The presenter will outline procedures covering people, processes and technologies to prevent exposure to legal risks, e.g., when the wrong tools are used to collect data for legal holds and subpoenas.
Speaker: Alon Israely, Esq., CISSP – Co-Founder of Business Intelligence Associates
Cyber Paleontology #1 Collecting Data From the Golden Era of the Microcomputer Revolution
This webinar addresses the techniques, challenges and potential pitfalls when dealing with the rare, but sometimes vital, scenario of collecting data from early microcomputers. We deal with the era from approximately 1978-1989 and the systems in use at that time. Both hardware and software concerns will be addressed in a conversational forum geared towards attorneys, paralegals and litigation personnel as well as technical staff. We hope the unique and fascinating challenges associated with systems used during the formative years of the microcomputer age we all enjoy now makes for an invigorating discussion!
Risks and Responsibilities: The Ethics of Legal Hold
One of the most talked about topics today is spoliation, preservation and legal hold. Join two of the nation’s most sought after lecturers in the field of legal hold, Brian Schrader, Esq., and Barry Schwartz, Esq., CEDS, as they do a deep dive into the risks and responsibilities associated with legal hold. This program will include a discussion of: · Federal Rules of Civil Procedure · ABA Model Rules of Professional Conduct · Case Law & Sanctions · Practical Guidelines This may be one of the most valuable programs you attend this year. Don’t miss this all ethics presentation.
Presenters: Barry Schwartz, ESQ., CEDS | Vice President, Advisory Services | BIA Brian Schrader, ESQ. | President | BIA
Identifying corporate e-discovery priorities to solve the big data problem
After a decade in the shadows, e-discovery is now a mainstream issue for corporate America and large organizations abroad. The smart companies are those that actively seek to make e-discovery a more efficient business process and connect it to related information governance projects. This one-hour ACEDS web seminar, presented by eDJ Group, will explore some of the top corporate e-discovery priorities, including:
- Managing e-discovery as a cost-effective business process,
- Ensuring the security and privacy of sensitive data,
- Dealing with new types of data, like cloud, mobile, and social media,
- Defensibly deleting data,
- Implementing manageable legal hold programs,
- Aligning stakeholders for effective information governance, and
- Selecting technology and service providers.
Presenters: Barry Murphy, Co-Founder and Principal Analyst of eDJ Group, and Mikki Tomlinson, eDJ Group Managing Director, will present.
What you don’t know can hurt you: Identifying, measuring and managing eRisk
A disconnect between policy, technology and practice has spawned within many public and private organizations a breeding ground of data risks that undermines important business, legal and compliance operations. The smart organizations are those that have integrated these three prongs to achieve a sound information governance strategy. Others don’t know how to measure the risks and costs of big data, or even begin to identify the problem areas where it is most harmful. Presenters: Sharon K. O’Bryan, Head of IT, Risk and Compliance at DeVry Inc., Allison Walton, an eRisk consultant and CEO of Fortis Quay, Allan Johnson, Senior Attorney at Southern California Edison
Why eDiscovery Automation and Mobile Review Will Keep Your Law Firm From Going Out of Business
You’ve heard of the New Normal, right? Maybe your law firm is experiencing it right now. Maybe not. But it’s coming. The Great Recession, ubiquitous computing, high speed internet, and mobile computing have changed everything. Your law firm is not immune. The good ol’ days of inefficient, and highly profitable, document discovery aren’t coming back. Those days are gone and if you don’t adapt you may not survive. You only need to read Darwin or Innovators Dilemma to know the fate of those that don’t evolve. But it’s not all doom and gloom. The same forces that caused the New Normal can also be leveraged to keep your law firm from going the way of the dinosaur. On this webinar we’ll explore ways you can automate eDiscovery and embrace mobile computing to capture more revenue for your law firm.
Presenter: Andy Wilson, Co-founder & CEO of Logik
Back to basics with ESI Roundtable: An overview of core e-discovery concepts
Presented by: With the explosion in types and volume of electronically stored information, performing e-discovery can be an intimidating and overwhelming prospect for many. But it doesn’t have to be. At the end of the day, sound e-discovery boils down to producing ESI as quickly, cost-effectively, and safely as possible. In this one hour crash course, experts from top service providers and law firms give you lessons and best practices for meeting these essential objectives and for navigating the day-to-day e-discovery tasks legal professionals routinely encounter. Presented by ACEDS partner ESI Roundtable, this program will also give an exclusive look at what attendees to the inaugural ESI Roundtable E-Discovery Hands-On Training CLE Workshop will learn.
Presenters: Jason Pill | Associate | Phelps Dunbar | Tampa Rose Jones | Director, E-Discovery Management and Client Services | King & Spalding | Atlanta Pierre Bueret | Client Relations Manager | Kroll Ontrack | Atlanta Jim Lancaster | Account Executive | Nextpoint | Atlanta
The Cross-Border Quandary: Facilitating e-Discovery While Protecting Data Privacy
Presented by: For many corporate counsel and law firm attorneys, receiving a request for e-discovery that crosses borders and countries can present a conundrum given today’s international data privacy landscape. Our panelists will discuss the elements of a successful cross-border e-discovery solution, including: • establishing frameworks to facilitate data transfer; • leveraging compliance to facilitate compliance with data privacy regulations; • best practices for implementing a legal hold outside U.S. borders; and • the admissibility of non-U.S. ESI.
Presenters: Charles A. Volkert, Esq. | Managing Director | Robert Half Legal eDiscovery Services James Gordon | Director | Berkeley Research Group David S. Panzer | Shareholder | Greenberg Traurig LLP Joel Wuesthoff, Esq. | Director | Robert Half Legal
What Honeybaked Ham can teach us about BYOD, BYOC, and the future of ediscovery
In late 2012, a court in Colorado in E.E.O.C. v. Original Honeybaked Ham Co. of Georgia ordered production of data contained on social media sites under the control of plaintiff class members in a sexual harassment suit. To balance privacy factors, the judge established a process leveraging a special master to assist in collection and in camera review of the Facebook, blog post, and cell phone data. While today the discovery of data contained on Facebook or smart phones seems complex, there are bigger problems on the horizon. For example, analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. Bring your own device (BYOD) or bring your own cloud (BYOC) policies are just two examples of future issues that will push ediscovery boundaries in coming years. Join ediscovery and computer forensics experts as they:
- Outline current ediscovery issues with regards to social and mobile data
- Review the lessons learned in E.E.O.C v. Original Honeybaked Ham
- Apply the Honeybaked Ham framework to future uncharted issues, such as the discovery of data stored on employee-owned devices or in Internet-accessible storage systems controlled solely by employees
Presenters: Alan Brill, Kroll Advisory Solutions Chris Wall, Kroll Ontrack
ACA Reporting and the HIPAA Omnibus Final Rule: Privacy and Security Requirements Doubly Strengthened
The Affordable Care Act (ACA), popularly known as Obamacare, requires healthcare organizations to report on multiple areas of care and cost data, and much of that data will be patient-identifiable. In March, 2013, the HIPAA Omnibus Final Rule took effect, mandating yet more protections for the security and privacy of that information. In addition the Omnibus Rule, by expanding the definition of “HIPAA Business Associate, ” has expended the jurisdiction of HIPAA to thousands of additional companies. These organizations will require pragmatic, cost-efficient ways to meet these requirements while maintaining their core business mandates. Preparing to comply will require a team effort, comprising technical assistance entitities, external and in-house counsel, internal compliance and IT departments and representatives of those who use the data on an everyday basis. In this webinar oriented to the practicalities of compliance and moderated by Mary Mack, Ken Rashbaum, a specialist on health information privacy and data protection and e-discovery challenges, will discuss practical aspects of creating, storing and disclosing electronic health information. Prof. Johannes Scholtes will show how technology can help mitigate legal risks and reduce costs of health information governance and readiness for federal and state investigations, internal investigations and audits or litigation.
Presenters: Kenneth N. Rashbaum, Esq. is Principal of Rashbaum Associates, LLC Johannes C. Scholtes, Ph.D. is chairman and chief strategy officer of ZyLAB Mary Mack, Esq., is Enterprise Technology Counsel for ZyLAB
Attorney competence in the digital age: How e-discovery is testing professional ethics and liability
If e-discovery and the practice of law were concentric circles, could you precisely pinpoint the overlap? Is there any overlap at all? The proliferation of electronic evidence has changed the composition of the litigation team, and the jobs those persons perform. Tasks once executed solely by lawyers are being outsourced to e-discovery technology providers, legal staffing firms, and legal process outsourcers at a fraction of the cost. In many instances, the line between practicing law and performing administrative e-discovery tasks is blurring, and to unsettling effect. How much of this work should, and can be ethically, performed by lawyers is a question with which many practitioners in the field wrestle. Attorneys who take on e-discovery tasks must abide by a professional code of competence that has been reshaped by technology. In this ACEDS Members Only Webinar, attorney Steven C. Bennett, partner at Jones Day in New York and head of the firm’s e-discovery committee, sorts through the murky ethical issues electronic evidence poses and explains what the duty of competence means to practicing lawyers in the age of e-discovery.
Presenters: Steven C. Bennett | Partner | Jones Day | New York
Ethics in E-Discovery: Evolving Standards for Competence, Confidentiality and Cooperation
Presented by: Are you still conducting electronic discovery the same way you were a few years ago? It is said that 90% of all data in the world has been created in the last two years. The explosion of data has brought fundamental changes to electronic discovery, and attorneys have a professional responsibility to understand these changes. In August 2012, the ABA made this responsibility explicit by amending the Comments to Model Rule of Professional Conduct 1.1 regarding attorney competence to reflect that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” Earn Ethics CLE Credits in this complimentary webinar regarding how standards in electronic discovery practices have changed to recognize the new EDI landscape. We will discuss how recent cases, statutes and court rules impact attorneys’ duties of competence, confidentiality and privilege, and cooperation with other parties while conducting electronic discovery.
Presenters: Tara S. Emory | Director of Corporate Strategy | Driven, Inc.
Empowering paralegals through e-discovery education, training, and career development
Presented by: The growth of electronically stored information in cases of all types has given rise to a new breed of practitioner responsible for handling the complex, nitty-gritty aspects of e-discovery. The “e-discovery paralegal,” as this increasingly important position is called, has become a fixture on litigation teams, and heads many crucial tasks involving the preservation, collection, processing, analysis, review and production of ESI. Where e-discovery has created new risks and challenges for many, it has also opened the door to new job roles and career paths for those who know where to find them. In this ACEDS web seminar presented by ESI Roundtable, four seasoned paralegals give you pointers and best practices for taking advantage of the exciting new opportunities that e-discovery affords. They will show you how paralegals can hone the skills needed to excel in e-discovery, appropriately bolster their resumés, and where to find the invaluable resources to aid in this professional development. If you are a paralegal or simply looking to acquire an e-discovery skill set, this 75-minute program is not to be missed.
Presenters: Linda McGrath-Cruz | Arnstein & Lehr | Miami Ann Pearson | Pearson Resource Management | Atlanta Melissa Rogozinski | ESI Roundtable | Birmingham, AL Tuandelia Williams | King & Spalding | Atlanta
XaaS. Everything as a Service!
Services are a society tested and proven way to effectively leverage assets in order to acquire expertise, convenience, and/or equipment that is far superior to what would otherwise be possible at a comparable expense. The entire business climate has shifted as professional services now exist to fulfill the needs of almost any business function. More specifically, law firms and professional service companies alike must now utilize these various services to remain competitive and profitable in a changing environment. The abbreviation ‘aaS’ (as a service) can practically be found paired to the entire alphabet: accounting as a service (AaaS), billing as a service (BaaS), desktop as a service (DaaS), and who knows what else we might come up with. The heart of the matter remains, if you can think of a business function, odds are someone else has too and now specializes in performing that function as a service. The options are overwhelming, but many providers are sensitive to this and are able to package a multitude of needs into one service; most commonly available à la carte to maximize customization options. The exponentially increasing prevalence of outsourcing to service providers does not mean fewer jobs in the market, but it does dictate where those jobs have and will continue to wander off to. We are now being completely submerged in an ‘as-a-service’ economy that has been steadily swelling since the first electric company, but has only now become an abrupt and palpable reality of business evolution.
Presenters: Sean Dennin, SVP, Aquipt Inc. Pete Mansmann, CEO, Precise Inc.
An East-to-West Roadmap for International E-Discovery
While most lawyers have a solid grip on the 2006 changes to the Federal Rules of Civil Procedure (FRCP) regarding the discovery of electronically stored information (ESI), their application in international litigation is still a difficult question to manage and respond correctly. Navigating cross boarder discovery is a challenge with sovereign blocking statues, complex privacy laws, and unique technologies and character sets. Missteps and mistakes can lead to sanctions, negative inferences as well as excluded evidence. Additionally, there are significant differences in discovery and privacy rules between what is encountered in Europe and the Asia Pacific region. John Bace, advisory board member for UBIC North America and Jason Priebe, Senior Counsel at Seyfarth and Shaw will map out the territory and provide suggestions on addressing international e-discovery. Both John and Jason are also guest lecturers at the Center for Information Technology and Privacy Law at the John Marshall Law School.
Tame the Legal “Document Monster”- How law firms, corporations, and courts can manage, share and secure information to protect case records, lower administrative costs, and improve client service.
In the legal profession, the ability to efficiently create and store paper documents is of paramount importance – even as staff resources continue to shrink, the paper intensity grows. Even small private practices continuously generate a staggering amount of physical documentation. And the management of documentation, evidence, depositions, filings, and court proceedings leaves no room for lack of availability, errors or lapses in security or availability. Whether it’s preparing pleadings, capturing depositions, submitting documentary evidence or sharing documents with opposing counsel, legal professionals need smart solutions for document scanning, document management, OCR, and forms processing to help them regain control over paper-intensive filings, billing, and regulatory/administrative processes. Nuance helps legal professionals achieve exceptional efficiency along with significant cost savings and increased productivity. This 40 minute webinar will address the “Monster” document issues common to every Law Firm and Corporate Legal Department and discuss the capabilities that are needed to:
- Increase productivity by transforming paper into editable electronic documents.
- Automate document redaction and document compare.
- Improve client service with faster, more accurate document processes.
- Shrink your environmental footprint through vastly reduced paper consumption.
Legal professionals including records managers, litigation support and corporate counsel should all attend this event to understand how the challenges that managing the “Document Monster” can be overcome easily, efficiently and cost effectively. Presenters: Greg Gies, Sr. Manager, Product & Industry Marketing, Nuance
MATH & STATS 101: What Lawyers Need to Know to (Properly) Leverage TAR
Lawyers can be a lot of things–they’re often exceptional speakers, highly analytical, and quick-witted—but they don’t need to know anything about math, right? Wrong. As data volumes expand and technology-assisted review (TAR) plays an increasingly important role in electronic discovery, lawyers need to be more tech- and math-savvy than ever to survive modern litigation. While math and statistics can be scary, lawyers are smart—and we’ve rounded up two of our brightest TAR experts to identify everything you need to know about math and stats in the age of TAR:
- Understanding what happens after machine learning: effectiveness reporting
- The metrics you need to know: False and true positive/negative; Recall, precision, and f-measure; Accuracy
- Analyzing and utilizing TAR metrics: Assessing the needs of your case and using metrics to get you where you need to go.
- Tony Reichenberger, Document Review Team Manager, Kroll Ontrack
- Eric Robinson, Solution Architect, Kroll Ontrack
Gaining Control over Exponential Discovery Data Growth
Courtesy of: This fast-paced webinar will arm you with the most recent e-discovery case law, help you understand how the growth in data is impacting your practice, and ethical considerations to consider in putting your critical data in the cloud. Presenter: Daniel E. Gold, Esq., eDiscovery & Litigation Management Solutions, LexisNexis Watch Now
Traversing ‘The Triangle’ – Best Practices for Managing and Improving Law Firm-Client-Service Provider Relationships
No matter the type or size of the e-discovery project, reducing cost and risk begins and ends with sound process. It is crucial, then, to get everyone on the same page as soon as possible. Establishing and maintaining a solid relationship between client, law firm and vendor can be the difference between a successful project and turbulent 11th hour collections. In this complimentary CLE webinar, experts give you diverse perspectives and best practices for preparing counsel and client for projects, engaging service providers, and managing and improving the marriage of the three.
Speakers: David Kearney, CEDS | Director of Technology Services | Cohen & Grigsby Lael Andara | Partner | Ropers Majeski Kohn Bentley Eric Robinson | Solutions Architect | Kroll Ontrack
Preparing & Dealing with B.Y.O.D.
Many companies have rolled out some form of B.Y.O.D. programs, some a little more thought through than others. However, much like the rogue IT group that takes a large corporation to the “cloud” over a weekend without consulting legal, there are serious ramifications a lax B.Y.O.D. program can have on both Information Security and eDiscovery. During this quick 1-hour ACEDS webinar, we’ll discuss the basics of B.Y.O.D., common complications that those programs bring, and how to effectively rollout and manage the inevitable.
Presenter: Hunter W. McMahon, JD
Jolly Good Updates: New UK Civil Procedure Rules and What the US Can Learn
Recently, Americans have had a great deal of exposure to our ally across the pond: we caught glimpses of the Queen’s Diamond Jubilee, we were awed by the London Olympics, and don’t even get us started about Downton Abbey. Now, e-discovery enthusiasts have something new to witness – the updated rules of civil procedure will introduce a menu of disclosure options and other procedural reforms related to cost management including the need to prepare and stick to case budgets. Given the focus on early and efficient disclosure, and the role technology will have to play in budgeting, American legal practitioners have much to learn from these updates. In this webinar, we will examine:
- The new UK Civil Procedure Rules
- How US ediscovery rules compare with UK edisclosure rules
- Options for discovery to allow a more tailored approach
- Using technology-assisted review in the warehouse
- How technical expertise can help lawyers comply with discovery rules
- Strategic approaches designed to address cost management
Presenters: Tracey Stretton, Legal Consultant, Kroll Ontrack, UK Mark Surguy, Partner, Eversheds, LLP, UK
Bridging the gap between legal and IT: working together in e-Discovery
Courtesy of: 1 CLE Credit (FL) Legal professionals and IT specialists often have different priorities and speak a different language. But there is no stronger driver that brings these professionals together than the common threat of a pending e-Discovery. Legal professionals may have the knowledge to manage an e-Discovery process, but it is the IT professional that needs to bring the skills and equipment to the table to accomplish the goals. Co-operation and shared understanding between these two groups might also encourage an approach to information governance which has positive business benefits, as well as e-Discovery, as its aim. In this webinar, Chris Dale, e-Discovery consultant and founder of the e-Disclosure Information Project, will share practical insights that legal professionals can use to work together with their IT colleagues towards a common aim: increased efficiency and reduced organizational risk. Prof. Johannes Scholtes will show how technology helps both the legal and the IT professional.
Moderator: Mary Mack, Enterprise Technology Counsel, ZyLAB
Accelerating Time to Data
Courtesy of: Index Engines 1 CLE Credit (FL) Finding and managing data in support of eDiscovery and legal hold is time consuming and resource intensive. The time and expense of identifying, culling and collecting online and offline ESI has grown exponentially as the volume of data has exploded. But Big Data does not have to be a struggle. Technology and streamlined workflows can accelerate time to data. *How a unified workflow increases defensibility while reducing the time to search and cull ESI *How legal hold archives allow for flexibility in multiple litigation events as queries and legal request change *How data mapping can reduce ESI identification time and costs.
Presenter: Jim McGann – Vice President of Marketing at Index Engines.
Recent Case Law Update: Stored Communications Act Clarified, Cost-Shifting of TAR Costs Approved, Inappropriate Reliance on Vendor for E-Discovery Obligations, and Other Poor Practices Penalized
*1 CLE 2012 and 2013 case law has progressed the field of eDiscovery in many ways. In this complimentary webinar, we will discuss the following cases to illustrate such progression in the following areas: • Application of the principles of the Stored Communications Act to requests for discovery of email, texts and social media • Inappropriate Reliance on Vendor for Discovery Obligations • Potential for cost-shifting or cost-sharing of E-Discovery costs • Additionally we will update a case from the previous ACEDS Case Law Update, in which more interesting events took place
Presenter: Randi Weaver, Esq. Project Management Consultant Driven, Inc
Gaining Control of eDiscovery: Visibility is The Key
**1 CLE (FL) Courtesy of: As eDiscovery matters become increasingly complex, legal professionals must juggle many elements just to stay on top of things: custodians, documents, data, deadlines, reviewers, tools, data sources, and more.
The key to remaining in control is access to information. Easy and understandable information allows counsel and client to set good litigation and discovery strategies, develop and maintain budgets, hit deadlines, and improve results. This webinar will focus on: • The major advantages of tracking discovery projects in real time • Key metrics that can be tracked and managed to • How to leverage information to gain control Those who attend will emerge with a better understanding of how information can provide those who lead, manage, and pay for eDiscovery with control and a leg up when dealing with even the most complex discovery projects.
Presenters: Chris Cameron – Client Services Manager at Advanced Discovery Daniel Pelc – E-Discovery Principal Verizon RISK Team
Practical Consideration for e-Discovery in the Cloud
Courtesy of: Web 2.0 technologies, such as social networking sites, wikis, blogs, web apps, and hosted services are driving an increasingly collaborative, online business culture. In this practical webinar Mary Mack and Johannes Scholtes will discuss how e-Discovery strategies should be adapted when evidence is scattered across various 3rd party repositories outside of your firewall.
Presented by: Mary Mack, Esq., Enterprise Technology Counsel, ZyLAB and Johannes C. Scholtes, Ph.D., Chairman and Chief Strategy Officer
Why Florida’s recent e-discovery rulings and other developments should matter to you and your organization
Courtesy of: Robert Half Legal FL CLE Credit Approved While Florida’s recent rules for the discovery of ESI in civil courts that took effect September 1 have improved efficiencies in civil procedure, they also have caused a sea change in the way the state’s 63,000 attorneys practice. What new burdens, liabilities and opportunities have the rules created for the court system, parties in litigation, visiting litigants, and the multitude of large and small businesses inhabiting the state of Florida? And why should they matter to you and your organization? Join our panel of legal experts as they share invaluable insights, including important lessons and best practices learned from this recent ruling and other developments in the e-discovery arena. Session moderator: Charles A. Volkert, Esq., executive director, Robert Half Legal; co-managing director, Robert Half Legal eDiscovery Services Session Panelists: Lawrence Kolin, Brad Schultz, Daniel Whitehouse
Defending Big Data
Courtesy of: Managing the Big Data growth problem in the enterprise is tough. While IT departments grapple with how to support complex Big Data environments, legal teams are tasked with making accommodations for Big Data in the already expensive e-Discovery process. How do legal teams account for emerging data types and do it all with fewer resources and budget spend? This webinar discusses how to best to retain, access, discover and ultimately delete content in compliance with evolving regulations and case law. Speaker: Simon Taylor – Senior Director, Information Access Management, CommVault Mr. Taylor leads CommVault’s Information Management business including Information Risk, e-Discovery, Compliance and Information Search.Over the last 20 years he has worked for many large multi-national while building deep expertise in a range of topics including business intelligence, data warehousing, application and information management.Most recently, he has gained specific experience in data retention and archiving, working for or with some of the leading companies in this field to gain specialist knowledge in information risk and compliance.
ACEDS Conference Sneak Peek Webinar: Leveraging the Cloud to Trim Costs Safely
You use it all the time: to email colleagues, to purchase products online, and, increasingly, to store, manage and process electronic information created in the course of business. Organizations of all types, even those under the most legal and regulatory scrutiny, are leveraging the cloud to reduce the costs associated with electronically stored information, while increasing workflow efficiency. The cloud affords inexpensive storage, scalable computing, and an exciting collaborative environment. But it can be a double-edged sword for organizations that do not account for the e-discovery challenges it presents. In this Sneak Peek webinar, Stephen Whetstone, Vice President and Leader of Pitney Bowes Legal Solutions, broaches some of the unique issues that he and other experts on this panel will explore.
Speaker: Stephen Whetstone, Vice President and Leader, Pitney Bowes Legal Solutions
ACEDS Conference Sneak Peek Webinar: Avoiding E-Discovery Malpractice and Other Data Landmines
The malpractice charges brought by J-M Manufacturing against McDermott Will & Emery signaled the arrival of a new ubiquitous danger arising from electronic data. That Los Angeles suit has generated the lion’s share of attention for the precedents it has set and repercussions it has wrought, but it is by no means an isolated incident. A lawsuit for malpractice is just one manifestation of the personal and professional risks e-discovery has spawned. With reputations and careers on the line, what can you do to protect yourself and your client from these new perils? In this Sneak Peek webinar, Bill Gallivan, founding partner at GGO in Seattle, tells you how he and other experts at the 2013 ACEDS Conference, from Feb. 28 to March 2 in Hollywood, FL, will tackle daunting malpractice risks.
Speaker: Bill Gallivan, Founding Partner, GGO
Margin of Error: A Primer on Sampling and its Practical Application in Document Review
Courtesy of: Driven Read any e-discovery article, review any decision, or attend any program, and you’re likely to hear a reference to sampling and its importance as a discovery tool and a quality control measure. But how do you use sampling? What do you sample, when do you sample it, how do you sample it, and what can you learn from it? This program will teach you sampling basics, including key terms, basic techniques, and some of the ways those techniques can be leveraged. Speaker: Matthew Verga, Esq., Driven Inc. Mr. Verga currently serves as the Director of Consulting for Driven Inc. where he counsels clients on issues throughout the discovery lifecycle and advises Driven on the development and refinement of its technologies and services. In addition to developing and presenting educational programs on discovery topics, he has spoken on discovery issues at LegalTech New York, the ACEDS Annual Conference, and AIDE. Prior to joining Driven, Mr. Verga worked as an Associate specializing in e-discovery matters at an AmLaw 100 firm.
Daunting Problems Facing Ediscovery in 2013
Courtesy of: In the 1990’s, ediscovery was in its infancy, as legal and IT professionals were newly confronted with the production challenges associated with computer data. We have come a long way, and today in 2013, ediscovery has evolved into a sophisticated area of law and technology. This webinar will examine significant daunting problems that will face the ediscovery community in the upcoming year, including:
- Rules and technology
- Technology-assisted review
- Case analytics
Do not miss out on this thought provoking webinar that will jolt even the most savvy ediscovery professional to begin to search for answers to these complicated problems.
Speakers: Adam Sand, Associate General Counsel, Ancestry.com Beth A. Rauker, Principal eDiscovery Specialist, Medtronic, Inc.
Gaining Full Value from Early Case Assessment
For many, Early Case Assessment means the filtering and culling of non-responsive electronic documents early in the discovery process. But reducing data sets is only a fraction of the value of an ECA program. Set Litigation Strategy Analyzing case data early can lead to a better litigation plan, an accelerated try/settle decision, and sometimes even a quick disposition with minimal costs. Build a Discovery Plan A solid discovery plan facilitates the best use of expertise, process and technology to shrink costs and improve defensibly. Reduce Data Sets Early culling, filtering and predictive coding can reduce document sets substantially, cutting up to half your discovery bill. Reserve your spot today and find out how to save 30-100% of your litigation costs with Early Case Assessment! Speaker Brian Kawasaki – Executive Vice President, Technology Solutions at Advanced Discovery Watch now
Effectively Managing Legal Holds
Join this panel discussion to better understand the legal requirements regarding the issuance and tracking of defensible legal holds. We’ll also consider the implications of recent case law and best practices for successfully implementing this critical element of your duty to preserve data. Our panel includes experts from corporate legal departments and law firms as well as other industry experts. Speakers: John Christiansen – Discovery Consultant with Applied Discovery, Inc. Brad Harris – Vice President of Legal Products with Zapproved David Cohen – Partner at Reed Smith Watch now
Say What? Reviewing Audio (and Video) Data for Discovery
Qualifies for 1 CEDS Credit (details) An increase in regulatory agency investigations has heightened the need to better understand the risks and requirements associated with audio data. Law firms and corporate counsel can no longer afford to ignore this important source of data for discovery. This webinar will cover:
- The technology behind audio review and how it differs from other ESI
- Overview of the requirements for retention of audio records
- Methods to optimize the accuracy of audio discovery
- How to create an eDiscovery workflow that incorporates audio and video
- How audio review, when done properly, is time efficient, cost effective and defensible
Speakers: Todd Mansbridge, VP of Product Management, First Advantage Litigation Consulting Jeff Schlueter, VP and GM of Legal Markets, Nexidia Watch now
Quality Control Essentials: How To Identify a Faulty Forensic Collection
How do you know when a forensic collection has been executed properly? This webinar, presented by Driven, will guide you on how to evaluate the quality of a client or opponent’s forensic collection process, and to spot signs of inadequacy or incompleteness in the the final product. From how documents were identified, to how they were preserved, to how they were collected and handled post-collection, this program will give you general guidelines for evaluating such work, along with specific examples of the ways it can go wrong. Speaker: Robert Hook – Forensics Operations Manager, Driven Inc. Rob Hook has over 20 years of direct, hands-on experience with digital forensics, systems configurations, protocol layouts, and the EDRM litigation support process. He has both EnCE and CCSA certifications and has multiple granted patents. Rob began his career as a network administrator at a U.S. Army research center at a young age. Since that time, Rob has worked in positions utilizing his skills as a programmer, electronics designer, investigator and trainer. Rob’s gifted fascination with the world of computers has matured into an enviable and highly professional set of skills. The U.S. Department of Justice recognizes Rob as an expert in the areas of computer forensics, operating system configurations, local and wide area network topologies and general computer engineering support. As a consultant to DOJ, Rob was responsible for designing and implementing several secure Independent Counsel systems used to support highly sensitive, historically significant investigations. He has also served as a consultant to a prestigious board of federal judges. Watch now
Get Your House in Order with Defensible Deletion
For years, many organizations have employed a “keep everything” strategy as it relates to corporate data. But with data volumes and content types growing by the minute, this is no longer possible. Storage costs are out of control while resources and budgets are decreasing. Not to mention finding the proverbial “needle in a haystack” amongst all this digital information causes serious challenges and risk. This webinar will teach you how to get proactive about cleaning house in a legally defensible way. With a defensible deletion strategy, you can identify, categorize and manage all ESI across multiple data repositories and confidently delete data that has no business, compliance or evidentiary value. Storage costs are reduced while discovery efforts are streamlined, providing bottom-line benefits back to the organization. Speaker: Simon Taylor – Senior Director, Information Access Management, CommVault Mr. Taylor leads CommVault’s Information Management business including Information Risk, eDiscovery, Compliance and Information Search. Over the last 20 years he has worked for many large multi-national while building deep expertise in a range of topics including business intelligence, data warehousing, application and information management. Most recently, he has gained specific experience in data retention and archiving, working for or with some of the leading companies in this field to gain specialist knowledge in information risk and compliance. Watch now
The Emergence of the Knowledge Worker: The Changing Workforce in eDiscovery Review and Production
As eDiscovery technology advances, the required expertise of Attorneys and Project Managers in effectively managing document reviews has dramatically increased. Utilizing advanced technologies presents great advantages for law firms and corporate law departments including significant time and cost savings. Ensuring that the workforce can effectively manage the technology is just as important as selecting the right software for your needs. The experts from Hudson Legal provides insight into:
- Best practices surrounding certification and training of Attorney/Project Managers and high level contract review candidates
- The proper ways to bring technology optimized review solutions to increase the quality of document review and to expedite the time frame for compliance
- The emphasis on both discovery compliance and factual development of the case
- The elevated role of outside counsel in the document review and production process
- The impact of Generation Y on the face of document review
Speakers: Catherine Casey, Director, Global Strategic Planning & Channel Sales, Hudson Legal Mark Yacano, Executive Vice President, Hudson Legal Watch now
Unsafe at Any Speed: Quality Control of Human Document Review
With technology-assisted review stealing all of the headlines, it’s easy to forget that the majority of document review is still done in a more traditional way by teams of human document reviewers and that traditional document review is not going away anytime soon. So, how important is quality control of traditional human document review? What tools and techniques can be leveraged to perform effective, efficient quality control? Attend this webinar to learn the answers! Speakers: Matthew A. Verga, Esq. – Director of Consulting, Driven Inc. Randi Weaver, Esq. Project Management Consultant, Driven Inc. Watch now
What You Need to Know to Navigate Florida’s New E-Discovery Rules
CLE Credits: 2 from the Florida Bar (credits available until Feb. 1, 2014)* A dramatic change is afoot. On September 1, Florida’s first ever rules for discovery of electronically stored information (ESI) in civil courts will take effect. They will cause a sea change in legal procedures in the nation’s fourth largest state, and put the onus on lawyers, judges, paralegals, litigation support, IT and others to learn the ropes of e-discovery. “Florida trial lawyers have no excuse for remaining ignorant about e-discovery,” says attorney Kevin Johnson, head of the committee who drafted the rules. The clock is ticking. Are you prepared to handle emails, texts, tweets, and the other forms of ESI in this area of high risks and costs? Do you know your duties under the new rules? What are the penalties for mishandling electronic evidence? And how can the rules make your job easier? In this special 90-minute presentation, experts from around the state, including those who helped draft the rules, will tell you how to navigate the new amendments, streamline the discovery process with opposing counsel, and stay out of trouble in the hundreds of courts dotting the Sunshine State. Presented By: Judge Richard A. Nielsen, Chair of the Florida Bar Civil Rules Committee Lawrence Kolin, Mediator and former chair of the Florida Bar Civil Rules subcommittee on e-discovery Patrick Montoya, Partner, Colson Hicks Eidson Moderator: Charles Volkert, Co-Managing Director, Robert Half Legal eDiscovery Services *Members must fill out an online survey at the end of the webinar in order to receive a CLE certificate Watch now
3 Ways to Know When Computer-Assisted and Predictive Coding Techniques Make Sense for Your Cases
There are multiple methods for automatically coding documents during eDiscovery, so how do you know which method is best for your case? Join Mary Mack, Esq. and Johannes Scholtes, PhD, one of this industry’s most distinguished professors of artificial intelligence technologies, for a straight-forward discussion of the most popular techniques for auto-coding documents and the respective advantages and obstacles for each. The presenters will outline 3 critical criteria for selecting the right method for a particular case. Session topics will include:
- Distinguishing the various methods and terminologies, including machine-learning, predictive, statistics-based, computer-assisted, rules-based coding techniques and more
- A practical comparison of the underlying algorithms that drive each methodology
- How each method differs in how it interprets your data – textual and metadata
- The technical, legal, and cost considerations for anyone evaluating auto-coding methods.
Speakers: Mary Mack, Esq., Enterprise Technology Counsel, ZyLAB Johannes C. Scholtes, Ph.D., Chairman and Chief Strategy Officer, ZyLAB Watch now
Best Practices in International eDiscovery: How to Avoid Landmines, Pitfalls and Excessive Costs Webinar (ACEDS Members Only)
Discovery of electronically stored information (“eDiscovery”) located in foreign jurisdictions for the U.S. litigation raises a multitude of challenges including language and cultural barriers, blocking statues, and privacy laws of those jurisdictions. Many such laws are enacted by those jurisdictions precisely for the purpose of blocking the U.S. eDiscovery. Navigating the U.S. style eDiscovery in a foreign land can find an attorney face to face with workers’ rights councils to sitting in a jail cell. Collection and processing of data located in foreign lands in foreign languages for production in the U.S. litigation under tight deadlines is a herculean task. Finding the right technology and platform for conducting key word searches of documents containing foreign language characters is no easy task. The costs associated with such exercise is prohibitive and could easily exceed $1 million in just one case. This webinar examines the traditional methods of conducing eDiscovery of data located outside the U.S., some of the key challenges such discovery presents and how to overcome such challenges, control costs and do it all in a manner so as not to run foul of the laws of foreign jurisdictions which could land attorneys and their clients in hot water. Speaker: Mukesh Advani, Special Counsel at Guy Kornblum & Associates Peter Chen, Partner, Latham & Watkins Watch now
A 360° View: How E-Discovery Priorities Shift from the Law Firm to the Corporate Legal Department
E-discovery is a crucial and unavoidable element of litigation today. Both corporate and outside counsel strive to minimize risk within litigation but, based upon their viewpoint, their approach to e-discovery may at times create conflict. What concerns shape the corporate counsel’s view of e-discovery, and how can that conflict with outside counsel’s desired approach? Is there an unspoken agenda that can pit these two important players against one another? Once both sides decode the subtext, they can be better positioned to address the client’s needs, ensure that ethical obligations are met, and develop the collaborative relationship crucial for success in business and in court. This informative seminar covers the following topics:
- How the responsibility of corporate counsel may conflict with the goals of outside counsel.
- How outside counsel can best serve the needs of the corporate client without sacrificing their ethical obligations.
- How corporate counsel can maintain their focus on risk management, including controlling the scope—and thus the expense—of the discovery process.
Speakers: Heidi J.K. Fessler, Esq., Electronic Discovery Consultant at Applied Discovery Sarah Stroebel, Senior Counsel at U.S. Bancorp John Degnan, Esq. from Briggs and Morgan Watch now
Whipping Your Information Archive into Shape
The promise of cost-effective data management has driven the evolution of archiving solutions from niche solution into a multifaceted, enterprise-level option capable of hosting a variety of semi-structured data and end-user files. However, as Enterprise Information Archives (EIAs) play a larger role in information governance, the risk of mismanagement—and the resulting inability to extract data when needed most—increases dramatically. Join us as experts provide practical guidance for whipping your archiving solution into shape by identifying:
- Common errors in implementing an EIA solution
- The most frequent instances of inaccessible archives and the likely causes
- Steps you can take now to properly implement and manage your EIA solution to ensure proper retention and fewer issues when extracting archived data is a must
Speakers: David Meadows, PMP, Managing Director – Discovery Consulting, Kroll OntrackRichard Harding, Senior Consultant – Kroll Ontrack Watch now
5 Vital Components of Every Custodian Interview
Interviewing key document custodians and potential witnesses is nothing new in litigation; it has always been a crucial aspect of good lawyering. However, in the digital age, custodian interviews are more critical – and more technical – than ever. Information gathered during custodian interviews sets the stage for the entire e-discovery process across the EDRM – including developing a detailed data map and preparation for 30(b)(6) depositions. From identifying relevant data locations to uncovering valuable information to aid in privilege review, there are 5 vital components to a successful custodian interview in the e-discovery age: Compliance with Policies, Location of Relevant Documents, Other Custodians, Privilege and Confidentiality and Background Information. After watching this webinar, you will have a better understanding of how a custodian interview fits into the overall discovery strategy and why you need a good plan for conducting custodian interviews in the age of e-discovery. Speakers: David Meadows, PMP, Managing Director – Discovery Consulting, Kroll OntrackKaren Andersen, ESI Consultant – Discovery Consulting, Kroll Ontrack Watch now
Tweets, Texts, and Terabytes: Collect Smarter with Forensics
The importance of forensic collection has become widely understood in the legal profession, but the potential scope of forensic services has not. From social media preservation, to mobile device capture, to analysis and reporting, to pure consulting, forensics experts can add value throughout the discovery lifecycle. The modern forensic technician is not just a collection agent, but a translator between the technical world and the legal world for all aspects of a case. Speakers: Matthew A. Verga, Esq. – Director of Consulting, Driven Inc. Jason Fry, EnCE, CISSP, PMP – Forensics Operations Manager, Driven Inc. Watch now
eDiscovery in the Real World: Beyond The Law – Real life scenarios and how to handle them
We will discuss the production side of eDiscovery with a deep look into real life scenarios. Topics will cover issues ranging from collections, ESI processing, review & productions for matters with both local and international components. Scenario: Company B has become party to an SEC investigation. The SEC is asking for any and all emails specifically related to the sale and or purchase of common shares for specific public companies over the past 5 years. The SEC would like to be able to analyze the timing of the executed trades along with the information used to carry out (on behalf of their clients) any and all trades related to the transactions in question. Relevant ESI (email) has been requested for personnel within management and or sales directly tied to the asset management divisions across the company. Speakers: James Bickley, CEDS, Senior Director – eDiscovery at Counselor Resource Group – A TransPerfect Company Clay D. Crooks – Senior Case Consultant – TransPerfect Jim Iseman III – Vice President, Litigation Technology Services – TransPerfect Watch now
A New Approach to Managing E-discovery Infrastructure
The amount of matter specific data is growing exponentially and needs to be active for extended periods of time. Across many matters, this data adds up fast on valuable local resources, which are often times not billed to the matter. The typical options are to purchase more hardware or to outsource with legal hosting providers when requests are urgent, storage is limited, or can’t be provisioned internally fast enough. How do you address the demands that client generated data places on your firms’ infrastructure? How can you keep your cost predictable and create acceptable charges for use of your infrastructure? How can your firm retain complete control while reducing the cost and risk of trying to predict future resource demands? Join us to learn how outsourcing your e-discovery infrastructure allows you to be more competitive, achieve better cost recovery, and help your litigation support and IT teams easily handle unknown resource demands from your clients discovery. Speakers: Bob Rivas, Executive Director, MatterPoint, Aquipt Sean Dennin, VP Sales and Marketing, Aquipt Harold Edison, CEO, Edison LTAS Watch now
A Look Inside the World of Hosted E-Discovery Pricing
Do you find e-discovery pricing confusing? Have you ever agreed to a price proposal, only to have the actual project costs significantly exceed the estimate? Which is better for your project, “per GB” pricing? Hourly service rates, or a “flat fee”? E-Discovery expert and industry veteran Bill Gallivan will share his “4 corners” of e-discovery pricing, and introduce you to the characters nesting in each’ pricing corner’: the Hosting hawkers, Processing Purveyors, Filtering Ferrets, and Access Anglers*. In this webinar, Bill will give you an insider’s view of common Hosted E-Discovery Pricing models in use today. You’ll learn what drives the numbers in the bid, enabling you to confidently compare bids and negotiate services. Speakers: Bill Gallivan, CEDS, Managing Director, Gallivan Gallivan & O’Melia Watch now
E-Discovery Evolved – Smart Searching
Even with recent advancements in technology assisted review, tried and true searching tactics will continue to play an important role in e-discovery filtering, review and production activities across the Electronic Discovery Reference Model (EDRM). From traditional keyword searching to advanced searching techniques, such as concept searching, topic grouping, near de-duplication and e-mail threading, e-discovery teams need to know how and when to leverage these tools. What do these technologies do? How are they used to conduct a cost-effective, defensible search? How can you get the most out of keyword searches? This presentation will explore smart searching techniques and provide best practices to increase the effectiveness of your next search protocol. Speakers: Harris T. Berenson, E-Discovery Counsel, Hughes Hubbard & Reed LLP Alexander C. Gross, Legal Consultant, Kroll Ontrack Watch now
A Closer Look at Technology-Assisted Document Review
Savvy corporations and law firms are quickly realizing that this technology is designed to aid a human document review – not replace legal analysis and advocacy, and when properly leveraged, the cost savings are substantial and the process is defensible. Furthermore, with the developments in Da Silva Moore v. Publicis Groupe and other similar cases across the country, the judiciary appears to be on the verge of addressing the efficacy of these technologies. Speakers: David D. Lewis, Ph.D., Information Retrieval Consultant Kara Kirkeby, Esq., Document Review Manager, Kroll Ontrack Watch now
eDiscovery Protocol for the DOJ in Criminal Cases
In this webinar we cover the recent Protocol released by the Administrative Office/Department of Justice Joint Working Group on Electronic Technology (JETWG). They have developed a recommended ESI protocol for use in federal criminal cases. Entitled “Recommendations for Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases”, it is the product of a much needed collaborative effort between representatives from the Defender Services program and the DOJ. Speakers: John Haried, Assistant National Criminal Discovery Coordinator, DOJ Allison J. Walton, Esq., eDiscovery Counsel, Symantec Watch now
Conference Panel Sneak Peek: Core training for new e-discovery players and those who need a refresher
If terms like ESI, metadata, concept searching, proportionality, and data protection laws evoke quizzical looks on your face, this conference panel sneak peek is a must-attend for you. Ignorance is not bliss in e-discovery because it carries great risk and cost. The first provision of the Rules of Professional Responsibility of most bar associations imposes a duty of “competence.” Speaker: Seth Row, Partner at Parsons Farnell & Grein LLP Watch now
Conference Panel Sneak Peek: Social media opportunities and risks in litigation
Social media conduct and content increasingly affect the outcome of legal disputes and investigations. How do you obtain social media for use in your case? How can you preserve social media to avoid sanctions? What are the risks to litigants and lawyers of using social media? This preview webinar will highlight the major themes of this panel. Speaker: Seth Row, Partner at Parsons Farnell & Grein LLP Watch now
Crossing Borders: An International View of E-Discovery
The era of globalization is colliding with the complexity of e-discovery. Lawyers today are responsible for litigation without borders and discovery without language barriers. Yet, the reality is that many practitioners and legal professionals find themselves struggling to implement efficient and cost-effective discovery practices in US-based litigation, let alone navigating the conflicting privacy and legal implications associated with other countries’ discovery laws. Speaker: M. James Daley, Esq., CIPP/US, Partner, Daley & Fey LLP Watch now
Conference Panel Sneak Peek: Paying your opponent’s e-discovery bills – Facing and navigating the risks of the US ‘Taxation of Costs’ laws
A federal law allows a judge or clerk of court to “tax costs” on parties. Some states have similar laws. A civil procedure rule says a “prevailing party” may have its costs, except attorneys’ fees, paid by the losing party. These provisions are now being applied to e-discovery costs, even though they are silent on such costs. This may deter aggressive e-discovery demands and prompt great scrutiny of the bills e-discovery vendors present to prevailing parties. What standards do courts and clerks use to determine what costs are taxed? The cost taxation law uses terms like “exemplification,” “copying” and “necessarily obtained for use” in a case, but not “e-discovery.” Can losing parties limit taxable costs? Will this law deter meritorious plaintiffs’ cases? Is it being applied consistently in the 93 federal districts? Speaker: Robert Barth , Clerk of court of the US District Court for the Western of Pennsylvania Watch now
Conference Panel Sneak Peek: Succeeding in catastrophic cases – Maintaining data security in high-profile matters
Catastrophes are inescapable and usually spawn legal actions that generate activity in investigation, information technology, computer forensics, litigation support, reputation management and other fields. What threat response plan should an organization have? What is a good data preservation strategy? Speaker: Jeffrey S. Jacobson, Litigation partner at Debevoise & Plimpton LLP Watch now
Conference Panel Sneak Peek: How Predictive Coding Is Altering the E-Discovery Landscape
Under Fire: Technology-Assisted Review Computer-assisted Review? Intelligent Review? Predictive Coding? Smart review? Whatever you call it, amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur. In this session, the panel will:
- Explore the “what”, “why”, and “how” behind technology-assisted review
- Discuss think-tank and judicial support of this technology, including the most recent Da Silva Moore commentary from Judge Peck
- ACEDS conference in April
Speaker: Michele Lange, Director for the Discovery product line for Kroll Ontrack Watch now
State of the States: E-Discovery State and Local Rules Update
After the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, state rules committees set to work to adopt the federal revisions – with some states adopting the federal procedural rules in full and some creating local, jurisdiction-specific rules. In addition, certain federal districts have begun to adopt local rules pertaining to e-discovery practices for litigants in their jurisdiction. As lawyers, paralegals and litigation support professionals working on e-discovery productions, it is critical to stay on top of the local nuances to the e-discovery civil procedural rules across the U.S. Speakers: Thomas Y. Allman, Esq., Attorney and Consultant, Cincinnati, OH Michelle Lange, Kroll Ontrack Watch now
Social Media and E-Discovery: Rights, Restrictions and Employee Expectations in the Workplace
Social networking is hot in corporate America. Companies are using Facebook, Twitter, and other emerging networks to build their brands and connect with customers. They are also using it to strengthen their own internal communities – investors, employees, and partners. Success in social networking is not without risk, however. Lawyers and e-discovery practitioners, in particular, struggle with the rights, restrictions and reality involved in employees’ use of social media. The responsibility for governing, managing, preserving and ultimately producing data from social networking activities can be a burden, but when litigation or investigation arises, companies must be able to respond. Speaker: Ed Lee, E-Discovery | Forensic and Dispute Services, Deloitte Financial Advisory Services LLP Watch now
The ‘Mainstreaming’ of E-Discovery: Practical Application of EDRM processes on E-Discovery for the ‘Average’ Case
E-Discovery is often described (and sold) as a complex, mysterious, highly technical process designed to address Investigations on the scale of Enron and high-profile litigation cases like Qualcomm v Broadcom. But what about the rest of us? It’s estimated that 85% of e-discovery projects involve less than 20 custodians and 200 GB of data. The EDRM framework applies in the mainstream as well. There are processes and tools available for the ‘average’ size matter, allowing corporate legal teams and law firms handling these cases to implement effective processing, review and production in a manner that’s practical and fully defensible. In this webinar we will look at mainstream e-discovery through the lens of the EDRM. Speakers: Keith Slyter, owner and principal at Litigation Paralegals, LLC Barry O’Melia, leads the operations and enterprise program management efforts at Gallivan Gallivan and O’Melia Watch now
Resolving E-Discovery Disputes: The Role of the E-Neutral
Allison and Peter are Co-founders of the American College of E-Neutrals, an organization providing the world’s only directory of qualified discovery neutrals for a digital age. Depending on the e-neutral’s role, the e-neutral may carry the proverbial stick as a special master or the proverbial carrot as an e-mediator. E-Neutrals help parties promote proportionality in preservation and production, control costs and avoid spoliation while preserving credibility with the court. Speakers: Allison O. Skinner, Of Counsel at Sirote and Permutt Mediation Center, Adjunct Professor of E-Discovery, University of Alabama School of Law Peter S. Vogel, Partner at Gardere, Wynne, and Sewell LLP; Adjunct Professor of E-Discovery and E-Commerce, SMU Dedman School of Law Watch now
Dealing with Cross Border Issues Effectively
With the exponential increase in the global reach of corporations and other commercial entities, an increasing number of disputes in U.S. courts involve protected data situated in and subject to the laws of foreign countries, many with notions of privacy and disclosure that are much stricter than those in the United States. Those notions of privacy are, quite frequently, given less than due consideration by courts in the U.S. How does the multinational corporation handle the potential Hobson’s Choice of violating foreign privacy laws or an order of a U.S. court to produce protected data? Speakers: Kenneth N. Rashbaum, Esq., Rashbaum Associates, LLC Watch now
Status of Amendments to the Federal Rules of Civil Procedure
Nearly six years after the Federal Rules of Civil Procedure were first amended to address electronic discovery, another round of amendments are now under consideration. Questions regarding highly contentious, complex and multifaceted issues such as the duty to preserve, Rule 37 sanctions and the role played by technology are among the primary challenges that are up for discussion. But amidst circuit splits, spiraling costs and ever-evolving technology, finding the right solution is no easy task. Speakers: Gail Gottehrer, Esq., Partner, Axinn Veltrop & Harkrider LLP Katie E. Winseck, Esq., Solution Architect, Kroll Ontrack Watch now
Exploring Cloud-Based DIY Discovery
Studies indicate that more than 50% of corporations are working to insource some aspect of e-discovery activities in an effort to save money. In addition, many law firm practice support departments are reassessing in-firm technologies and use of service providers during the e-discovery process. Join us as we explore how organizations can better manage costs and increase control over discovery through in-house or in-firm e-discovery tools. Speakers: Ken Ewell, Kroll Ontrack Ann Marie Riberdy, Wilmer Hale Watch now
Computer Assisted Review
Computer-assisted review, or predictive coding, has been a hot topic in the e-discovery industry and is becoming the new paradigm for document review. The process can offer substantial cost and time savings resulting from improved speed and accuracy during review. However, for some, there’s still a stigma attached to the technology, as well as confusion regarding best practices for implementing computer-assisted review. How does the computer-assisted review process work and how can law firms implement a workflow that’s both effective and defensible? Speakers: Jay Leib, Chief Strategy Officer, kCura, Dave Lewis, Ph.D., David D. Lewis Consulting, Michael Schubert, Senior Vice President, Encore Discovery Solutions, Daryl Shetterly, Partner, LeClairRyan Watch now
Privacy in the Workplace: International Perspectives
In an age of constant connectivity – juggling mountains of personal and work email; mobile access to countless applications; rampant blogging and online networking – is there any such thing as true workplace privacy? Does our pervasive use of technology for all things personal and professional lull employees into a false sense of ownership over electronic communications? Speakers: Kate Paslan, Esq. Assistant General Counsel for Access Data Heidi Watson, Senior Associate for Clyde & Co, an international law firm Georg Kirsch, Senior Patent Discovery & Litigation Expert for Bayer AG Watch now
Social Media Data and the Cloud – The Omnipresent E-Discovery Challenge
Facebook, LinkedIn, Twitter, YouTube, IM, and Google Docs have changed how we communicate, and are repositories of ESI. On whom can you serve a subpoena? When might a court order a social media host to disclose protected information? How can data preservation be managed in ‘the cloud’? In this previously recorded online training, Seth H. Row, Of Counsel, Parsons Farnell & Grein LLP demonstrates how to find, catalog, retrieve and present social media data and teaches you crucial knowledge on how to use social media data to present your cases well. Watch now
How Data Mapping Arms You for Courtroom Battles: ‘Know Your Information (KYI)’
Bankers use the term KYC, but in e-discovery, specialists say KYI (Know Your Information). Companies and other litigants must know what data is created and where their data is maintained. Without that, implementation of the critically important litigation hold becomes guesswork. Creation of a data map is Step One in managing your data. In this previously recorded online training, Michael I. Quartararo demonstrates how to create a valuable and usable ESI data map. Watch now
The Basics of E-Discovery for Beginners and Not-Computer Savvy
Are you one of the newcomers and non-tech savvy professionals perplexed by the rapid developments and complex procedural rules in e-discovery? Take advantage of this complimentary access to a recording of our recent virtual training! In this dynamic discussion, Helen Bergman Moure, an ACEDS Advisory Board member, principal at Lex Aperta pllc, and litigator seasoned in e-discovery and document review management, shows you the essentials of the high-risk, high-cost realm of electronically stored information, or ESI, and e-discovery. Watch now
Fostering Strong Collaboration Among E-Discovery Team Members to Increase Chances of Asset Recovery Success
In asset tracing and recovery cases, e-discovery records, data and programs can be enormous, complex and costly. The process of collecting, processing and reviewing electronically stored information (ESI) opens countless opportunities for error. It is imperative to establish transparency and to effectively communicate priorities and strategies to decrease overall cost and increase efficiency in your investigation. In this panel, you will learn how to build coherent working relationships among team members in a case including attorneys, digital forensic accountants, investigators, IT specialists and risk mitigation specialists—all of whom are essential players. Speakers: Keith Barger, Kenneth Neumann, Brandon D’Agostino Moderator: Charles Intriago Watch now
How Good Early Case Assessment Can Maximize the Value of E-Discovery in Asset Recovery Cases
Before an e-discovery program begins, early case assessment is vital. When a case is not properly organized and planned from the start, time and money can be spent unnecessarily. In this panel, top experts, through studies of early case assessment, show you how to develop sound guidelines and timelines to assure your cases run smoothly and how to avoid mistakes. The experts will not only guide you on taking smart steps through e-discovery review, but also show you how to determine the proper vendor and solution, giving you a better chance to succeed in your cases. Watch now
Using Smart Data Mapping and ‘Meet-and-Confer’ to Meet the Requirements of the Amended Federal Rules
With the varied interpretations of the Amended Federal Rules of Civil Procedure, data mapping and ‘meet-and-confer’ have become critical components of the e-discovery process, especially in asset recovery cases where the volume of data can be daunting. Without a data map, the ability to deal with legacy data, database structures and the proper preservation of data mismanagement and poor planning can result in fines, sanctions, lost cases, and even more damages. This session will provide you with a comprehensive overview of set guidelines and procedures to sustain compliance throughout a case. Our experts will also teach you best practices on data collection and preservation procedures. Speakers: Karen Hourigan, Caroyln Southerland, Brandon D’Agostino Moderator: Keith Barger Watch now