Category Archives: Webinar

Now You See the Evidence, Now You Don’t

Figure Disappearing

Now You See the Evidence, Now You Don’t
Written by Doug Austin, Editor of eDiscovery Today

When it comes to eDiscovery, lawyers have plenty of challenges to deal with – including challenges to address even before the case is filed.  Add “disappearing evidence”(!) to that list of challenges.

If you read this blog regularly, you know that collaboration apps have become a popular source of ESI in many eDiscovery cases.  I wrote about it here, Jim Gill wrote about it here and Ipro even conducted a webinar about it back in November (you can still watch it on-demand here). The popularity of apps like Slack and Teams for communication within organizations and extending to partners and clients have added another source of potentially responsive ESI to preserve and collect.  But not all collaboration apps are created the same.  Some are ephemeral messaging apps, which only preserve the communication for a short while after it has been sent and read, then automatically deletes that message.  Snapchat is certainly one of the most popular apps that fits that description; Confide, Wickr, and Threema are other examples.  With ephemeral messaging apps like these, the message disappears anywhere from a few minutes to a few days.  Now you see it, now you don’t!

As you can imagine, evidence that automatically disappears when you have a duty to preserve can be very problematic. One recent case (which was part of the “Five Must-Read eDiscovery Cases from 2020” that I wrote about on this blog here) was WeRide Corp. v. Huang et al. where terminating sanctions were issued against most of the defendants in the case.  One of the reasons was that the defendant’s CEO requested that the employees begin to use an ephemeral messaging app (DingTalk) after the preliminary injunction was issued. Needless to say, that action (along with other spoliating activities) met the standard of “intent to deprive” in the eyes of the court in this case necessary for severe sanctions.

With that in mind, here are a couple of recommendations with regard to ephemeral messaging to consider:

  1. If You Insist on Using Ephemeral Messaging Apps, Have a Plan for Litigation: There’s no issue to communicating using ephemeral messaging if you don’t have one or more active cases with a duty to preserve. However, once that duty exists, continuing to use such an app to communicate could be a sanctionable act if those messages could be discoverable in litigation.  If your organization insists on using an ephemeral messaging app, you need to have a backup collaboration app to switch to using during litigation.  But why would you want to force your employees to learn to use two apps if you don’t have to do so?  The better approach is to not use them at all, then you don’t have to switch apps if you’re under a duty to preserve.
  2. Remember That Any Communication App Can Be Set as Ephemeral: Just because a collaboration app isn’t ephemeral doesn’t mean that it can’t be set to automatically delete messages after a period of time. Any communication app can be set to delete messages after a period of time, including Slack or Teams and text messaging apps like iMessage.  Many organizations suspend auto-delete policies for emails during a litigation hold, but some of them fail to extend that to other forms of communication.  So, it’s important to suspend automatic deletion for collaboration and text apps as well, either via your IT department (if it has that control) or via communication to custodians with clear instructions to suspend automatic deletion in apps where they have control (such as BYOD devices).

Next week, I’ll talk about a terrific new resource with discussion of the issues associated with ephemeral messaging apps and what to do about them!

Just a reminder that 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 and literally takes a minute to complete and you can even fill it out anonymously. Here’s the link to the survey it’s in its final days, so 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.

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!

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!

New Ipro Webinar on How to Get the Most Out of eDiscovery Education

eDiscovery trends 2020

Law School, Certifications, and Training (Oh my!) – How to Get the Most Out of eDiscovery Education (New Webinar)

Education in eDiscovery is a mixed bag. Anytime you talk to someone in this industry, it’s always interesting to hear how they started doing the work they are doing. I’ve never heard anyone say, “Oh, I majored in eDiscovery – it was my childhood dream,” but the common thread you do find is that they were interested in the law or technology (or both), which led them to a current role at a law firm, service provider, corporation, or software company.

However they arrived, the question remains about how to continue learning the latest trends and best-practices in order to do the job. Since many people attend webinars and conferences to do just that, we here at Ipro decided to do both and host a webinar on eDiscovery education live from the annual Ipro Tech Show.

On 3/12 at 2pm EST you can hear three industry leaders, each from a different segment of the training and certification world, discuss how you can get the most out of your eDiscovery education.

Hear Michael Quartararo from ACEDS, Josh Abbott from ASU, and Krista Schmidt from Ipro talk about how technology training and certification can give you a competitive edge in your career path, as well as offer their insight into the most important best-practices you should adopt on the job.

Only one week left to Listen to the webinar On Demand now!

New Webinar! Learn How Ipro for Enterprise Reduces Risk & Cost for Corporations

January 23, 2020, 1pm EST

Join Ipro’s Director of Product, Aaron Swenson, as he reviews the all NEW Ipro for enterprise, and how it helps corporations quickly respond to subpoena requests, complex litigation, and internal investigations, while reducing overall cost and risk..

In this webinar showcase you will learn:

  • How your legal team can reduce risk and costs by culling irrelevant documents and intellectual property sent to outside counsel
  • How the latest in AI, Advanced Analytics, and Data Visualization help your team quickly uncover facts in ways that would be impossible with traditional linear search
  • How the new consumer-modeled interface empowers internal and external legal teams to effortlessly collaborate while maintaining a high degree of data security and compliance

Flexible, Scalable, Powerful
Ipro for enterprise can be deployed on-premises, in the cloud, or a hybrid, giving you absolute flexibility to manage environments and hosting costs.

New Webinar! Learn How the All New Ipro for Enterprise is Perfect for Law Firms

January 21, 2020, 1pm EST

Join Ipro’s Director of Product, Aaron Swenson, as he reviews the all NEW Ipro for enterprise, and how it helps law firms locate and understand key case evidence, efficiently run a well-organized legal team, and craft a winning case strategy.

In this webinar showcase you will learn:

  • How your team can upload evidence using Self-Service to quickly ingest, assess, report, and stream millions of documents directly into document review
  • How the latest in AI, Advanced Analytics, and Data Visualization help your team quickly uncover facts in ways that would be impossible with traditional linear search
  • How the new consumer-modeled interface for Review creates efficient document viewing and tagging, with single-click access to document batches, ensuring your team will avoid reviewer document collision.

Flexible, Scalable, Powerful
Ipro for enterprise can be deployed on-premises, in the cloud, or a hybrid, giving you absolute flexibility to manage environments and hosting costs.

Watch On-Demand!

Upcoming Webinar! Learn why Ipro for desktop is the future of small-footprint eDiscovery solutions

Ipro for desktop

Upcoming Webinar! Learn why Ipro for desktop is the future of small-footprint eDiscovery solutions

The small law firm is often left out of the eDiscovery conversation. Faced with choosing an enterprise tool, sticking with legacy eDiscovery software that is no longer being developed, or the old standby, manual processes, it might seem that small firms are left little in the way of eDiscovery options.

Say hello to Ipro for desktop!

Ipro for desktop gives you BigLaw power with Small Firm overhead. This is a true all-in-one litigation platform, allowing you to effortlessly manage reviews, ingest native files, and accurately produce documents. You can also build case strategy using the fact management tool and prepare presentation in TrialDirector360.

For an in-depth look at how Ipro for desktop can help your legal team through the litigation lifecycle from discovery to trial, join Ipro’s VP of desktop solutions Derek Miller for an upcoming product webinar, December 18th at 1pm EST.

In addition to discovery, Derek will discuss how our customers are taking advantage of Ipro’s feature-rich product to handle employee disputes, as well as subpoena and FOIA requests, with the added ability to work offline for continued productivity.

Are you already working with a legacy eDiscovery platform? Find out how migrating cases from a variety of other systems is a simple and straightforward process.

Register now!

 

The True Meaning of eDiscovery Day

eDiscovery Day

Yes, it’s the holiday season, but do we need one for eDiscovery? With December 4th marking the 5th annual eDiscovery Day, the answer is yes! It was created to put a spotlight on our industry and to celebrate the professionals who make the legal process happen (often behind the scenes). For an industry that’s expected to reach almost $19 billion per year by 2023, up from more than $10 billion in 2018, there’s no denying that we’re deserving of a holiday!

However, as holidays are wont to do, they make us reflect on our purpose (it’s definitely not just about money). Instead, it’s important to remember that eDiscovery is about ensuring the strength of our justice system. It’s about making sure the legal process functions with accuracy and defensibility. One only has to return to Chief Justice John Roberts’ statements in 2015 (the year of the first eDiscovery day):

“The Federal Rules of Civil Procedure will achieve the goal of Rule 1 only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change. Judges and lawyers [have an obligation] to work cooperatively in controlling the expense and time demands of litigation. Lawyers—though representing adverse parties—have an affirmative duty to work together, and with the court, to achieve prompt and efficient resolutions of disputes.”

And that’s why the mission of eDiscovery Day being a vendor agnostic celebration of this work we’re all trying to do (and do well) is so vital. It’s about the entire legal community stepping up to the challenge of working cooperatively to continually achieve the mandate of Rule 1: to reach a just, speedy, and inexpensive resolution to legal disputes.

So that’s what eDiscovery Day is about. It’s about all of us – practitioners, attorneys, judges, technologists, vendors (and even writers) – coming together and recognizing how important the work each of us does to ensure the goal of Rule 1 (and the entire justice system) is met.

Written by Jim Gill
Content Writer, Ipro

 

Having trouble deciding what to do on eDiscovery Day? Join us for our Dec. 4th Webinar:

30 Years of eDiscovery: Industry Veterans Discuss Where We’ve Been & What the Future Holds

Four eDiscovery industry veterans talk about their earliest days working in legal tech over the past three decades and give their insights into what they see happening in 2020 and beyond. Panelists: George Socha, Derek Miller, Ryan Joyce, and Sarai Schubert.

3 Veteran Practitioners Discuss eDiscovery from the Trenches

eDiscovery from the Trenches WebinarThe old adage, “Those who do, do; and those who can’t, teach” is completely off-base, because the value of getting education from people who have been in your position and have experienced the difficulties first hand is priceless. That’s why people in all industries and trades seek out those veteran practitioners to share their experiences and act as mentors.

And eDiscovery is no different, especially with its unique challenges. Which is why Ipro chose 3 veteran eDiscovery practitioners with decades of experience to speak on our latest webinar: eDiscovery from the Trenches.

  • Brittany Thaler has eleven years’ experience in supporting teams as a paralegal and hot-seat operator in numerous arbitrations, evidentiary hearings, and trials (both bench and jury), and as a Litigation Support Paralegal, she advised, created, and managed various eDiscovery matters and presentation of cases at trial.
  • Jaime Sheppard has managed eDiscovery projects spanning Am Law 50 firms and FORTUNE 50 companies in a variety of practice areas, including product liability, antitrust, insurance, commercial litigation, and intellectual property, as well as non-litigation reviews, working closely with case teams to devise discovery plans and protocols, manage reviews, perform technical quality control, coordinating forensic collection of sensitive documents, etc.
  • Lori Bregenzer brings over 20 years of litigation technology experience with a background as the Litigation Technology Manager for a large law firm and subsequently as the owner of a boutique litigation software training and consulting company. These experiences, coupled with her many software certifications as well as the designation of Certified eDiscovery Specialist from ACEDS, give her a vast knowledge of eDiscovery and legal technology.

In the eDiscovery from the Trenches webinar you will hear about:

  • Industry Challenges & How to Overcome Them (Education, Cost, Technology)
  • Tips & Tricks for Developing a Successful Workflow (Managing Data, Search Techniques, Analytics/TAR)
  • How Technology Can Level the eDiscovery Playing Field (Smaller Firms, Judges View, Accessibility)

Ipro podcast on Lawyerist, part 3 Redactions

Ipro’s VP of desktop solutions Derek Miller talks about the recent issues that have occurred with redactions. Recently, in the news there is the story of redacted information erroneously/accidentally being exposed because of the tools that were used to do the redaction.  It’s probably not the first or the last time this will happen.  In that instance, it was more of an issue of understanding how the technology works vs. the tool that was used and that could be the bigger problem when it comes to selecting tools for the toolbox.

Also in this episode with Geoff Woods, we talk about what the ONE thing means, why we shouldn’t focus on more than one thing, how to pick a “thing”, and how to overcome the challenges along the way.

Lawyerist Podcast #241 with Derek Miller

Ipro’s next sponsored podcast on The Lawyerist! In this episode, Derek Miller, Ipro’s VP of Desktop Solutions, talks about the importance of having fact management.

Using Ipro for desktop’s fact management tool can:

  • Organize information into workbooks for fast recall
  • Easily identify the most important facts
  • Tell a compelling story through chronologically ordered evidence

Listen now and also learn from Stephanie Everett, as she talks about their new book, The Small Firm Roadmap and why they wrote it. This podcast outlines major points from the book including why law practice is broken and how we can create successful, future-oriented small and solo law firms. 

Learn more and request a demo for our all new Ipro for desktop here.