Category Archives: Industry News

Coming Full Circle with the 2021 ABA TECHSHOW

ABA Techshow

Coming Full Circle with the 2021 ABA TECHSHOW
Written by Doug Austin, Editor of eDiscovery Today

As we get closer to one full year since the pandemic changed our way of life, it’s worth noting that the last in-person conference that many of you may have attended was last year’s ABA TECHSHOW, which was conducted February 26-29 at the Hyatt Regency Chicago (yes, 2020 was SO challenging, we had to endure 366 days last year).  This year’s ABA TECHSHOW (like many other conferences) will be virtual, but still a very exciting event, as it always is!

This year, the ABA TECHSHOW will be conducted from March 8th through March 12th.  It begins with the Start-Up Pitch Competition at 11am ET on Monday, March 8th, where “ABA TECHSHOW will host a startup competition showcasing 15 innovative legal startups that will face off in a pitch competition – judged by TECHSHOW attendees – to pick the most innovative startup for the year”.  It concludes with the 60 in 60 session on Friday, March 12th at 3:45pm, which provides “an hour of the latest in apps, work hacks, hot technologies, and more”.  And there are plenty of interesting other sessions in between – there’s literally a full week of legal technology education!  Here are some of the highlights (all times ET):

  • Monday: Ethical AI: Playbook for a Rapidly Changing World (2:15pm), Data Security and Privacy for Lawyers (4:30pm);
  • Tuesday: Lawyer’s Guide to Zoom (11:15am), The Amazing Depth of Cyber Investigations (1:00pm), How Attorneys Get Hacked (and What You Can Do About It) (2:45pm);
  • Wednesday: Best Practices for Securing Your Virtual Practice (11:15am), Is Legal Innovation an Oxymoron? (1:45pm);
  • Thursday: Outsourcing as an Efficiency Tool (3:45pm), Mixing People and Automation: Finding the Sweet Spot (also at 3:45pm);
  • Friday: The Future of AI, Mindmapping, and Online Dispute Resolution (11:15am), Cloud Based E-Discovery for Small Firms (12:00 pm), Artificial Intelligence and Analytics in Litigation and Beyond (2:15pm, with Maura Grossman!).

The schedule of sessions is available here organized by day and available here in a PDF file organized by day and topic.

As for CLE credit, the ABA will seek 15 hours of CLE credit in 60-minute states, and 18 hours of CLE credit for this program in 50-minute states including 3 hours of CLE ethics credit in 60-minute states and 3.6 hours of CLE ethics credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.  And, even though all sessions will be recorded and made available to view for at least 30 days post-show, only live attendance at sessions will give you CLE credit.

The Full Conference rates for all five days of the conference are $295 for an ABA or LP member, $350 for a Non-Member (Government/Professional Affiliates/Standard).  So, that’s no more than $350 for an entire week of great educational topics!  The cost is only $25(!) for a Law Student (provided they’re an ABA member, which is free).  Single-day passes for all attendees are $175, so, unless only one day of sessions interests you, it’s a significantly better value to register for the entire conference.  Note: prices for all will go up after 3/5, so you’ll want to lock in before that for the best rates.  Here’s the page with complete pricing info and to register for the event.

And there will still be a TECHSHOW EXPO this year!  There are a number of sponsors who will be participating this year, including Ipro.  You can request a meeting with Ipro at the ABA TECHSHOW here – it’s a great opportunity to learn about exciting development with the Ipro product suite!

ABA TECHSHOW is always one of the most unique conferences of the year – it’s probably the conference that has the widest appeal and participation across the spectrum of law firm and legal professionals, from solo and small firms to Am Law 100 firms, large corporations and government entities.  It’s truly a conference for everybody in legal technology!  Hope to see you there!

For more educational topics from Doug Austin related to eDiscovery, cybersecurity and data privacy, follow, eDiscovery Today! And as part of the continued educational partnership between Ipro and eDiscovery Today, he’ll be here in the Ipro Newsroom next week with more educational content!

The Sedona Conference Commentary on Ephemeral Messaging

Gavel in a Maze

The Sedona Conference Commentary on Ephemeral Messaging
Written by Doug Austin, Editor of eDiscovery Today

In last week’s post, I discussed the challenges associated with ephemeral messaging, including a case where the use of an ephemeral messaging app at the wrong time contributed to the issuance of terminating sanctions against the defendant in a case and identified a couple of recommendations to consider with regard to ephemeral messaging.  In the conclusion of my two-part series on ephemeral messaging, I’ll discuss a recently released Commentary on the topic from The Sedona Conference®.

A couple of weeks ago, The Sedona Conference and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) announced that The Sedona Conference Commentary on Ephemeral Messaging (“Commentary”) has been published for public comment.

The 32-page PDF Commentary defines the nature and scope of ephemeral messaging and provides a detailed sketch of the tension and competing demands facing organizations – particularly organizations seeking to use ephemeral messaging to comply with cross-border data protection directives without violating other legal requirements – that wish to use these tools. The Commentary also includes a discussion of five guidelines that provide direction to organizations on how to navigate the landscape of uncertainty surrounding the use of ephemeral messaging. The guidelines also offer recommendations to regulators and judges for evaluating good faith uses of corporate ephemeral messaging.  Those Guidelines are:

  • Guideline One: Regulators and Courts Should Recognize that Ephemeral Messaging May Advance Key Business Objectives
  • Guideline Two: Organizations Should Take Affirmative Steps to Manage Ephemeral Messaging Risks
  • Guideline Three: Organizations Should Make Informed Choices and Develop Comprehensive Use Policies for Ephemeral Messaging Applications
  • Guideline Four: Regulators, Courts, and Organizations Should Consider Practical Approaches, Including Comity and Interest Balancing, to Resolve Cross-Jurisdictional Conflicts over Ephemeral Messaging
  • Guideline Five: Reasonableness and Proportionality Should Govern Discovery Obligations Relating to Ephemeral Messaging Data in U.S. Litigation

You can download a copy of the Commentary for FREE here (registration required). It is open for public comment through March 28th. Questions and comments may be sent to comments@sedonaconference.org.  A webinar on the Commentary will also be held in early March and will be announced on The Sedona Conference website to give people a chance to learn more about it and ask questions.

This is the first comprehensive guide like this I’ve seen on ephemeral messaging and it’s well worth the read (at just 32 pages, it’s a lot shorter than a case law ruling I just covered!).  The Commentary provides useful information regardless of your role within the litigation lifecycle (in-house, outside counsel, judges, providers, etc.) to understand ephemeral messaging and how to address it as an organization pre-litigation, as well as what to do when you’re under a duty to preserve and contains references to numerous other resources, including case law, articles and other guides).  Kudos to The Sedona Conference and Working Group 6 for publishing such a useful and timely guide!

Just a reminder that Ipro and ACEDS will be conducting the webinar titled Unpacking the Ipro and ACEDS 2021 Law Firm Snapshot Survey on Tuesday, February 23rd at 1pm ET to review the results.  Mike Quartararo, President of ACEDS, Aaron Swenson, Director of Product at Ipro, and Jim Gill, LegalTech Industry Writer, will discuss the survey results and what they reveal about the state of the industry in 2021.  Even if you didn’t participate in the survey (if not, why not?, unless you don’t work for a law firm, of course), you’ll want to check out the survey results.

For more educational topics from Doug Austin related to eDiscovery, cybersecurity and data privacy, follow, eDiscovery Today! And as part of the continued educational partnership between Ipro and eDiscovery Today, he’ll be here in the Ipro Newsroom next week with more educational content!

Start Planning for Data Minimization Under the CPRA

CPRA

There’s No Time Like the Present to Start Planning for Data Minimization Under the CPRA
Jim Gill, Guest Blogger

Just when we were getting used to the idea of the California Consumer Privacy Act (CCPA), a new law was passed in November 2020, which will supercede it. Fortunately, there is time to prepare since the California Privacy Rights Act (CPRA) won’t be fully operative until January 1st, 2023. CCPA, CPRA, what’s the difference?

One of the tenets of Europe’s General Data Protection Regulation (GDPR) is a data minimization clause stating that personal data collected, stored, and used by companies must be limited to only that which is relevant, adequate, and absolutely necessary. The CCPA did not have a data minimization clause, but the new CPRA does. So what does this mean?

As the eDiscovery Blues cartoon which accompanies this blog points out, it isn’t exactly cut and dry. The exact language of the CPRA states a business “shall not retain a consumer’s personal information or sensitive personal information . . . for longer than is reasonably necessary.” In the same way that “reasonableness” under the Federal Rules of Civil Procedure (FRCP) rule 37(e) is interpreted by the courts, I can foresee the same happening for the CPRA. So until that takes place, what can organizations do to prepare their IT, Legal, and Compliance departments for the inevitability of data minimization?

First, if your company doesn’t have a data map already, now is the time to begin. For a great review of things to consider in that process, read Doug Austin’s article The 5 W’s of Organizational Data Maps which leaves readers with these 5 questions organizations should keep in mind when it comes to their data:

  • What data is being stored?
  • Where is it being kept?
  • When do we need to keep/destroy it?
  • Who is responsible for the data?
  • Why are we keeping/tracking it?

After you have all of your data mapped, a next step would be to establish a records retention program in order to ensure compliance and protect electronic business records from unauthorized exposure, alteration, or destruction.

To help reduce risks and increase adherence to legal and regulatory guidelines, companies should adopt the 3Es of electronic record management:

  • Establish effective policies and procedures governing Nonpublic Personal Information (NPI), Personally Identifiable Information (PII), and other business records.
  • Educate employees about record risks, organizational rules, and individual responsibilities.
  • Enforce policies through a combination of disciplinary action, training, and best-in-class technology solutions designed to manage content, use, and records.

Yes, it may seem like a long time before the CPRA becomes active, or you may not fall under its jurisdiction (though the chances of your company doing business with a citizen of California is not a longshot), but good information governance and data retention policies and programs take time to put together. They also require the right technology to enable the successful execution of these programs. So an early start, in this case, might mean you are compliant just in the nick of time.

Attention Law Firm Readers! Ipro and ACEDS Needs Your Input

Law Firm Snapshot Survey 2021

Attention Law Firm Readers! Ipro and ACEDS Needs Your Input
Written by Doug Austin, Editor of eDiscovery Today

I’m surely dating myself with this reference, but, in the 1986 movie Short Circuit, with Steve Guttenberg and Ally Sheedy (when is the last time you saw either of them starring in a movie?), the robot “Number 5” kept repeating the phrase “Need input” as its way of saying it needed information to decide what to do next.  Now, that’s artificial intelligence!

But, if you’re a reader of this blog and work for a law firm handling litigation and discovery, here’s a chance to help develop some real intelligence that can certainly enable you to understand how other law firms are addressing today’s discovery needs.  To better understand the challenges law firms are facing and how they are planning to meet them, Ipro has partnered with the Association of Certified eDiscovery Specialists (ACEDS) to conduct a Law Firm Snapshot Survey to create an industry benchmark going into the new year.

The survey is a twelve-question survey covering various topics such as whether your litigation work will increase this year, how you expect your current eDiscovery process to change, how far down the EDRM lifecycle do clients go before engaging your firm, how often your firm uses Continuous Active Learning (CAL) for review, the re-use of AI predictions on future cases, whether you perform redactions manually or using auto-redact tools, how you deal with collaboration tool data, and so forth.  In other words, how well is your law firm and others innovating (there’s that word again) to address the challenges of discovery today?  The survey literally takes a minute to complete and you can even fill it out anonymously.  Here’s the link to the survey, please check it out!

Ipro and ACEDS will be conducting the webinar titled Unpacking the Ipro and ACEDS 2021 Law Firm Snapshot Survey on Tuesday, February 23rd at 1pm ET to review the results.  Mike Quartararo, President of ACEDS, Aaron Swenson, Director of Product at Ipro, and Jim Gill, LegalTech Industry Writer, will discuss the survey results and what they reveal about the state of the industry in 2021.  Even if you’re not participating in the survey (if not, why not? unless you don’t work for a law firm, of course), you’ll want to check out the survey results.

Speaking of events (and innovating), one last reminder that Ipro is a sponsor and participant of the SOLID Winter 2021 event this week on January 28 and 29, which is an event where speakers give TED-STYLE talks around the intersection of innovation, advanced technology and the business of law.  They share what they are doing, how they are doing it, and the business impact it has. You can register for it here on the Ipro events page.

So, that gives you two terrific events coming up to learn about trends and innovation!  Anything else happening out there in the legal technology and eDiscovery world?  Well, it just so happens that next week is Legalweek!  Because of the pandemic of course, this year’s event is virtual and is not just one event next week, but five total virtual events between now and July!  It’s Legalweek(year) this year.  The good news is that because the event is virtual this year, you can attend virtual live events for FREE!  Here’s the link to the virtual agendas for next week’s sessions and the link to register to attend.

Needless to say, there are plenty of opportunities to learn about trends, best practices and innovating to succeed in the next few weeks.  More opportunities for input than even “Number 5” can handle!

For more educational topics from Doug Austin related to eDiscovery, cybersecurity and data privacy, follow, eDiscovery Today! And as part of the continued educational partnership between Ipro and eDiscovery Today, he’ll be here in the Ipro Newsroom next week with more educational content!

This Blog Post Means Business

Gavel Above COVID-19 Documents

This Blog Post Means Business
Written by Doug Austin, Editor of eDiscovery Today

Last week, eDiscovery Today launched the first ever State of the Industry Report (sponsored by EDRM).  The report discusses key trends including remote work during the pandemic, usefulness of virtual conferences, pandemic effect on litigation workloads, use of predictive coding technology, discovery of data from mobile devices and collaboration apps, eDiscovery business trends in 2021, biggest overall eDiscovery trends in 2021 and the eDiscovery challenges not being discussed enough.  It includes survey results regarding key trends of 183 legal industry professionals (with breakouts by law firm, service/software provider and consultancy respondents) and observations from 20 industry thought leaders regarding these trends.

As noted above, one of the trends discussed was eDiscovery business trends and survey respondents were asked this question:

What do you think will be the biggest business-related trend in eDiscovery in 2021?

Almost a third of respondents (31.7%) identified consolidation of eDiscovery providers through investment or attrition as the biggest business-related trend in 2021. Along with 18.0% that identified expanded investment in eDiscovery providers, essentially half of respondents (49.7%) indicated that they expect factors that will impact eDiscovery providers. Another 45.9% of respondents expected continued restructuring of companies to address eDiscovery work post-pandemic (26.8%) or reduced budgets for eDiscovery spend (19.1%). Only 4.4% of respondents identified expanded ownership of law firms by non-lawyer entities.  Perhaps many of them were from this state?

Regardless, these survey results do appear to point out two clear trends:

The eDiscovery Provider Landscape is Continuing to Evolve

As noted here in Rob Robinson’s excellent Complex Discovery blog, while merger, acquisition and investment activity for eDiscovery providers paused when the pandemic hit with only 4 total transactions in Q2 (3 of those in June), we saw at least 22 total transactions in Q3 and Q4, including Ipro’s acquisition of NetGovern.  Clearly, even the pandemic can’t keep the business of eDiscovery down for long and capital investors are continuing to look at the eDiscovery industry as an attractive investment, even in these challenging times we’re currently facing.

There’s More Pressure to Do More with Less Than Ever

Every quarter, Complex Discovery conducts an eDiscovery Business Confidence survey to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem. Since the pandemic began, Complex Discovery has conducted three quarterly surveys – in April, July and October of last year. The average percentage of respondents over those surveys that selected Budgetary Constraints as the factor with the most impact was 52.2%, which is 28.4% higher than the lifetime average before the pandemic of 23.8%.  Clearly, budgets are impacting eDiscovery business more than ever before.

At the same time, as discussed in the State of the Industry report noted above, nearly half of all respondents (44.8%) are already seeing a greater litigation workload since the pandemic began, with another 35.5% expecting a greater litigation workload to come. That means four out of five respondents (80.3%) has seen or expects to see more work resulting from the pandemic and the associated economic crisis.

Combined, the factors of tighter budgetary constraints and more litigation are undoubtedly putting the squeeze on organizations to do more with less in eDiscovery.

So, What Does That Mean for You?

Tying back to last week’s post (I love it when a plan comes together!), these factors illustrate why now is the time to embrace innovation and leverage eDiscovery technology and best practices to do more with less.  Old workflows and manual processes are no longer viable in today’s challenging pandemic-influenced world.

As noted last week, Ipro is a sponsor and participant of the SOLID Winter 2021 event on January 28 and 29, which is an event where speakers give TED-STYLE talks around the intersection of innovation, advanced technology and the business of law.  They share what they are doing, how they are doing it, and the business impact it has. You can register for it here on the Ipro events page.

And, if you would like a full copy of the 2021 State of the Industry Report from eDiscovery Today, it’s FREE!  Simply go to the eDiscovery Today website and enter your email address in the right sidebar to become an email follower and receive the report as well as emails with links to new posts.

For more educational topics from Doug Austin related to eDiscovery, cybersecurity and data privacy, follow, eDiscovery Today! And as part of the continued educational partnership between Ipro and eDiscovery Today, he’ll be here in the Ipro Newsroom next week with more educational content!

It’s 2021! Time to Break Some Eggs!

Breaking Eggs

It’s 2021! Time to Break Some Eggs!
Written by Doug Austin, Editor of eDiscovery Today

If that title seems confusing to you, it will (hopefully) make more sense by the end of this post!

After the crazy year in 2020 that we all just experienced, perhaps no year has represented a better chance for a fresh start than 2021.  Most of us can’t distance ourselves from 2020 soon enough and look to this year for growth and improvement in all areas, both personal and professional.  This is the time of year when we make New Year’s resolutions as individuals.  For many of us each year, the resolution is to “get in shape” – which is why you’ve probably noticed so many ads these days for diet plans and exercise equipment!  Personally, I’m glad right now that Zoom meetings only show me from the shoulders up!

It’s a time for organizations to “get in shape” as well and look to become more efficient and effective in their business operations.  New year beginnings are often the best time to embrace innovation, including the use of best practices and technology to help achieve those goals.  But many organizations resist because change is difficult and it’s more comfortable sticking with established manual processes that may not be near as efficient as they could be.

“Ne saurait faire d’omelette sans casser des œufs”

Didn’t expect a French lesson in this post, did you?  So, what does that phrase mean?  Translated into English, it means “you can’t make an omelet without breaking some eggs”!  That phrase which you’re probably much more familiar with was originated in the 1700s by French Royalist soldier and politician François de Charette.  The idea behind that famous phrase is that to achieve a goal, something else often must be destroyed to do so.  Disruption is necessary for growth.  From a personal standpoint, that means we must change our habits to diet and exercise more if we want to get in better shape.  From a business standpoint, that means that we must get out of our “comfort zone” to achieve innovation.

I’ll Do You a SOLID

However, that doesn’t mean you have to do it without help.  There are many resources out there, such as blogs (including this one), webinars and more.  And there are also several eDiscovery events to learn more about best practices, technology and innovation.  Earlier this week, I covered a list of 2021 eDiscovery-related events, conferences, and meetings courtesy of Rob Robinson’s Complex Discovery blog (link to his list here).  It’s a great resource that continues to be updated regularly as events are added or dates for events are announced, so I highly recommend that you consider bookmarking that link to stay current on event updates.

Currently, the first event on the list is SOLID Winter 2021 on January 28 and 29.  Founded by David Cowen (who also founded The Cowen Group), SOLID events are summits where speakers give TED-STYLE talks around the intersection of innovation, advanced technology and the business of law. They share what they are doing, how they are doing it, and the business impact it has.  Those talks are then followed by facilitated table talks, sprint panels, and town hall discussions, where participants discuss what they’ve learned and how to apply these lessons to their own organizations.  SOLID provides participants with maximum interaction with peers and colleagues in a round table, workshop environment to assess current challenges and design concrete solutions.

Normally, of course, SOLID is an in-person event conducted a couple of times a year, but, in these pandemic-influenced times of social distancing, the Winter event (at least) is being conducted as a virtual event.  And Ipro is a sponsor and participant of the SOLID Winter 2021 event!  You can register for it here on the Ipro events page.

Are You Hungry for Innovation?

A new year is about new beginnings and that includes being shaken out of your “comfort zone” to try new ways of doing things, whether that’s related to personal or professional situations and goals.  From a legal technology standpoint, it’s about innovating to leverage best practices and advanced technology to improve workflows and processes.  eDiscovery is about workflows and, sometimes, you’ve got to “break a few eggs” to update those workflows to incorporate those latest innovations.  There’s never been a better time to innovate than right now.  If you don’t, you might wind up with “egg on your face”.

For more educational topics from Doug Austin related to eDiscovery, cybersecurity and data privacy, follow, eDiscovery Today! And as part of the continued educational partnership between Ipro and eDiscovery Today, he’ll be here in the Ipro Newsroom next week with more educational content!

Five Must-Read eDiscovery Cases from 2020

Case Law 2020

Five Must-Read eDiscovery Cases from 2020
Written by Doug Austin, Editor of eDiscovery Today

It’s that time of year when you look back at “the best of”…well, anything and everything!  Even a year like 2020, which has been challenging (to say the least) for many of us, there are still “best of” items we can take a look back at from the year.  Why should blog topics be any different?

Ipro has already done so with the “best of” their terrific “eDiscovery Blues” legal comic strip for the year here.  And, earlier this week, they also identified their top 10 articles of the year here.  I’m honored that two of the articles were written by me and I covered the top article on eDiscovery Today here.  Needless to say, Ipro’s acquisition of NetGovern was one of the most notable acquisitions of the year and reminded us that M&A activity can even happen within a pandemic.

With that in mind, I’ve identified five case rulings (technically, seven or eight opinions) that you need to read which occurred in 2020 – with links to resources about the cases, including eDiscovery Today (of course!) and why you need to know about them.  Are they the “best of” cases for 2020?  You make the call.

#5-E.E.O.C. v. M1 5100 Corp.: In this EEOC case regarding age discrimination, at specific issue was the fact that defense counsel allowed two employees of the client to identify and collect ESI to respond to requests for production with no oversight from counsel at all. Despite no knowledge of the process the client undertook to gather information (which resulted in only 22 pages of documents produced), counsel signed the responses to the RFP’s in violation of FRCP Rule 26(g).  Whoops.

While Florida Magistrate Judge William Matthewman (who’s a very eDiscovery savvy judge and a nice guy to boot) stated that the self-collection without adequate supervision “greatly troubles and concerns the Court”, because there were still five months remaining before the discovery cut-off, he gave the defendant a chance to comply with its obligations and ordered the parties to meet and confer.  Had the discovery period ended, I expect there would have been a different result.  Covered here: eDiscovery Today, Ipro blog by Jim Gill, ACEDS #CaseoftheWeek with Kelly Twigger of eDiscovery Assistant.

#4-U.S. v. Sam: In the one criminal case on the five cases list, there were two examinations of the defendant’s cell phone, including one by the FBI, for which the defendant sought to suppress any evidence.  Regarding the FBI examination, the FBI removed Mr. Sam’s phone from police department inventory, powered the phone on, and took a photograph of the lock screen, which showed the name “STREEZY” right underneath the time and date.

With regard to the FBI examination, Washington District Judge John C. Coughenour stated: “The FBI therefore ‘searched’ the phone within the meaning of the Fourth Amendment…And because the FBI conducted the search without a warrant, the search was unconstitutional.”  As a result, he granted the defendant’s motion regarding the FBI examination.  So, a mere viewing of the lock screen on the phone in this case constituted an unconstitutional search.  Wow.  Covered here: eDiscovery Today.

#3-McMaster v. Kohl’s Dep’t Stores, Inc.: In ruling on search terms, Michigan Magistrate Judge R. Steven Whalen cited United States v. O’Keefe, 537 F. Supp. 2d 14, 23–24 (D.D.C. 2008), which stated: “for lawyers and judges to dare opine that a certain search term or terms would be more likely to produce information than the terms that were used is truly to go where angels fear to tread.”  Judge Whalen stated: “I, for one, have no interest in going where angels fear to tread. Therefore, if the parties cannot agree on appropriately limited search terms, they will share the cost of retaining an expert to assist them. If they still cannot agree, then Plaintiff may renew his motion regarding the search terms, and will provide the Court with an expert report substantiating his position.”

This is one of my favorite rulings because I see so many judges attempt to rule on search terms in a vacuum, so I really liked this ruling.  If only Judge Whalen had ruled the same way in this case.  Covered by: eDiscovery Today, EDRM Case Law Webinar September 2020.

#2-WeRide Corp. v. Huang et al.: While this case had a comedy of errors (or better said, a tragedy of spoliation events), including destroyed email, wiped devices and failure to produce source code at the heart of the case, perhaps the most unique transgression by the defendants was when the defendant’s CEO after the preliminary injunction was issued requested that the employees begin to use an ephemeral messaging app (DingTalk) that deletes messages after they’ve been sent and read.

California District Judge Edward J. Davila granted the plaintiffs’ motion for sanctions through FRCP Rules 37(b) and 37(e), issuing terminating sanctions against defendants Wang, Huang, and AllRide and ordering them to “pay WeRide’s reasonable fees and costs”, as well.  Covered by: eDiscovery Today and Ipro blog by Jim Gill.

#1-Lawson v. Spirit Aerosystems, Inc.: This is the case that just kept giving this year – with three rulings that I covered alone.  It regarded the defendant’s alleged breach of a retirement agreement with the plaintiff due to plans by an investment firm to install the plaintiff as CEO of an aircraft component manufacturer.  The parties had a lot of discovery disputes, with the Court having previously established a search protocol for the parties, where the parties were directed to try to achieve an 85% responsiveness rate.

Eventually the plaintiff pushed for the defendant to conduct TAR on a 322,000 document set, even though sampling indicated only 5% would be responsive (but still largely irrelevant to the dispute) and the Court warned the plaintiff that cost-shifting could occur if the TAR process went forward.  After TAR, only 3.3% of the documents were responsive and the defendant sought cost shifting in its TAR expenses (initially estimated at $400,000 in vendor costs and $200,000 in law firm fees).

Kansas Magistrate Judge Angel D. Mitchell granted the defendant’s Motion to Shift Costs of Technology Assisted Review of ESI to the plaintiff, ruling “the ESI/TAR process became disproportionate to the needs of the case” after having previously warned the plaintiff that inability to focus ESI requests would result in the court shifting costs.  A subsequent ruling set those costs at over $750K, which was then upheld by the District Court.  Covered by: eDiscovery Today (here, here and here), eDiscovery Journal (here and here), ACEDS #CaseoftheWeek with Kelly Twigger of eDiscovery Assistant, EDRM Case Law Webinar October 2020 and EDRM Case Law Webinar November 2020.  Whew!

Happy Reading and Happy Holidays!  And, goodbye 2020!

For more educational topics from me related to eDiscovery, cybersecurity and data privacy, feel free to follow my blog, eDiscovery Today!

Ipro’s Top eDiscovery and Information Governance Articles of 2020

Ipro 2020 Blog Recap

Ipro’s Top eDiscovery and Information Governance Articles of 2020

2020 was a year to remember (or maybe forget), but there was still so much happening in the world of eDiscovery and Information Governance, and the Ipro Newsroom was there to cover it. Here are the top 10 articles of 2020!

  1. Ipro Announces the Acquisition of NetGovern, Driving Innovation Across Information Governance & eDiscovery

Read how joining these two global companies and their technologies will provide the most innovative workflow in the legal industry, extending across the entire Electronic Discovery Reference Model (EDRM) from Information Governance, to In-Place Early Data Assessment, through eDiscovery and beyond.

  1. Ipro’s Quick Recap of LegalTech NY 2020 

It seems like ages since any of us were at a live event, but 2020 started with LegalWeek NY and Ipro was there to report on lots of great content.

  1. Zoom Boom: eDiscovery Considerations Around Videoconferencing

There has been a lot of talk about Zoom this year, and Ipro was one of the first to unpack eDiscovery considerations around the video conferencing platform back in March.

  1. What is Hybrid eDiscovery and How Will it Shape the Future of Legaltech? 

With the COVID 19 pandemic, many legal teams leveraged eDiscovery services to get the job done, showing why a hybrid approach of services and software continues to be a trend.

  1. Legal Stakeholders and the Information Governance Reference Model

Doug Austin, editor of eDiscovery Today, wrote this excellent 6-part series about the Information Governance Reference Model. This entry on Legal Stakeholders was the most read, but be sure to read them all!

  1. Legal Operations and KPIs: Where to Start

Some aspects of a successful team aren’t measurable, but many of them are. That’s why more and more legal teams are tracking and measuring KPIs to gain efficiencies and reduce costs.

  1. Time to Update Your eDiscovery SWOT Analysis! (If You Even Have One)

Periodically, it’s a good idea to reassess your SWOT analysis and update as appropriate to address changing environmental opportunities and threats.  And with the impact that the COVID-19 pandemic has had on so many businesses, there has never been a better time to consider updating your SWOT analysis – or creating one in the first place if you didn’t already have one.

  1. How Case Managers Bridge the Gap Between eDiscovery Software & Services: An Interview with Lori Bregenzer

This is a great interview with eDiscovery veteran and Ipro Case Manager, Lori Bregenzer, where she talks about her experience helping legal teams bridge the gap by leveraging eDiscovery services.

  1. The Growth of Automotive Data, the CCPA, and eDiscovery

The California Consumer Privacy Act (CCPA) is now being enforced, and with that more and more data compliance issues will arise for legal teams. This article takes a look at how the automotive industry and started to address data concerns.

  1. Case Law: eDiscovery Isn’t About DIY but Collaboration

It’s always important to see how the courts are ruling on issues around the eDiscovery process. In the end, judges often point back to the need for collaboration between all the parties.

 

 

 

Here Are 27.7 Billion Reasons Why Collaboration Apps Have Become So Important in eDiscovery

collaboration apps eDiscovery

Here Are 27.7 Billion Reasons Why Collaboration Apps Have Become So Important in eDiscovery
Written by Doug Austin, Editor of eDiscovery Today

If you missed the webinar (Taming the eDiscovery and Governance Dragon: Experts Discuss Slack, Microsoft Teams and Other Collaboration Platforms) that I did last month with Ipro colleagues Charles Nguyen (Director of Strategic Partnerships), Frederic Bourget (VP Products) and Jim Gill (Content Marketing Manager), you can still watch it here – it was great and I learned a lot from the other panelists!  During the webinar, I relayed my Yogi Berra analogy as to why collaboration apps have become so important in eDiscovery today.  If you haven’t gotten a chance to watch it yet (you will, won’t you?!?), here is the essence of the analogy.

If you’re a longtime baseball fan, you probably know who Yogi Berra was. But, if you don’t, he was a famous player who had an interesting way with words and had various sayings (“Yogi-isms”) that caught on in the public eye because they were so oddly humorous – sayings such as “it’s never over ‘til it’s over” and “it gets late early out there”, referring to how dark a part of the outfield got before the rest of the field due to shadows during sunset.

When I think of email collections today, it reminds me of the Yogi Berra quote when a reporter asked him about a particular New York restaurant and he said, “Nobody goes there anymore, it’s too crowded.”

Think about that for a minute – it seems like a silly and stupid (yet funny) statement.  But, when you think about email communications today, we all get so many emails that it’s easy to miss important ones, or not be able to respond to them very quickly.  So, what are more people doing if they need to get hold of a co-worker or client in a hurry?  They’re sending texts and instant messages through messaging systems like Teams or Slack.  It’s getting to the point more and more that when you want to reach someone in a hurry via email, it’s become “Nobody goes there anymore, it’s too crowded.”

See what I mean?  Silly and stupid, but logical nonetheless – at least in this context.

So, what does that mean for eDiscovery?  It means that there are more of those communications from other sources than ever – not just personal, non work-related communications, but actual work communications that are important and relevant.  A lot of people think of public and private text and messaging communications as relevant only for certain cases like personal injury and family law cases.  But, today, they’re likely to be relevant in most, if not all cases, because so many important work communications are being funneled through these apps.

What does that have to do with 27.7 billion reasons why collaboration apps have become so important – in many facets, not just eDiscovery?  Well, nothing.  But this does – last week, Salesforce agreed to acquire Slack for $27.7 billion.  That’s not Dr. Evil $100 billion territory, but as Larry David would say it’s “pretty, pretty, pretty, pretty good.”

According to an article in TechCrunch, Salesforce president and COO Bret Taylor said that “the Slack deal was worth the money because it really allows his company to bring together all the pieces of their platform, one that has expanded over the years from pure CRM to include marketing, customer service, data visualization, workflow and more. Taylor also said that having Slack gives Salesforce a missing communication layer on top of its other products, something especially important when interactions with customers, partners or fellow employees have become mostly digital.”

Interactions “with customers, partners or fellow employees” – gee, do you think those are discoverable when litigation happens?  You bet they are!

As Charles, Frederic, Jim and I discussed during the webinar, many organizations are not only using a collaboration app – they’re often using more than one.  I’ve seen organizations use Microsoft Teams for one Department (like Sales) and Slack for another department, like Product or Customer Success.  Slack Is especially popular as a communication platform for development teams.  As a result, in many cases, you may not only have data from one collaboration app to address in discovery, you may have data from two or three collaboration apps.  And, don’t even get me started on ephemeral messaging, for which a policy needs to be put in place before litigation even happens!  Otherwise, you could be spoliating data as soon as it does happen.

So, I’ve given you not only 27.7 billion reasons why collaboration apps have become so important in eDiscovery, I’ve given you that and a reason from Yogi Berra to boot!  What more do you need?

For more educational topics from Doug Austin related to eDiscovery, cybersecurity and data privacy, follow, eDiscovery Today! And as part of the continued educational partnership between Ipro and eDiscovery Today, he’ll be here in the Ipro Newsroom next week with more educational content!

The Best of “eDiscovery Blues” Legal Comic Strip in 2020

eDiscovery Blues Legal Comic

The Best of “eDiscovery Blues” Legal Comic Strip in 2020

JD Supra Readers Choice Top Author 2020Written by Jim Gill
Content Chief, Ipro

Humor isn’t necessary in eDiscovery, but it sure helps. Which is why Ipro has created our own comic strip, eDiscovery Blues™ and included them with articles highlighting insights and best-practices across the legal technology spectrum.

Here is a recap of the best eDiscovery Blues posts from 2020!

 

  1. Introducing Ipro’s Legal Technology Comic Strip “eDiscovery Blues”
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  1. Workflow Woes: How Paralegals Can Create and Maintain Effective eDiscovery Processes
paralegals eDiscovery Workflows
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  1. Why Do Attorneys Feel Mired in “Low-Value Work?”
attorneys low value work
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  1. 3 Challenges Corporate Legal Teams Face With BYOD
corporate legal BYOD
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  1. Stacks on Stacks: Survey Shows Increased FOIA Requests Still a Challenge
FOIA Requests Survey
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  1. How to Get Flawless Productions Every Time: eDiscovery Production Checklist
eDiscovery Productions Checklist
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  1. What is In-Place Preservation and How Does It Affect Your eDiscovery Workflow
In-Place Preservation
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  1. Courtroom Drama: Trial Presentation Best Practices for the Virtual Courtroom
Trial Presentation Virtual Courtroom
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  1. ROT Removal: Why Information Governance is Vital for Corporate eDiscovery
eDiscovery Information Governance
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  1. Robots Are Your Friends: The Need for Artificial Intelligence in eDiscovery
artificial intelligence eDiscovery
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  1. More than Drawing a Black Box: How to Get Redactions Right for eDiscovery Production
How to Get eDiscovery Redactions Right
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  1. Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow
biometric data eDiscovery
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  1. eDiscovery Software Gives Distributed Legal Teams the Agility & Collaboration They Need
distributed eDiscovery teams
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  1. Why Legal Departments Need a Tech Translator for Privacy, Compliance & eDiscovery
Legal Privacy Tech
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  1. How Government Agencies Walk the Line with Legacy Software
Government agencies legacy software
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