Thursday LTNY 2017 Sessions: eDiscovery Trends

February 2, 2017

As noted yesterday and Tuesday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show. This is the last day to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and at least 182 exhibitors providing information on their products and services.

While at the show, we will (for the seventh year in a row!) be interviewing several industry thought leaders to see what they think are the significant trends for 2017 and, which of those are evident at LTNY. After the show, we will announce the series of thought leader interviews and identify when each will be published. Mark your calendars!

American Lawyer Media (ALM) has redesigned their site so that all three days are on a single page, so you can’t really perform a “find” anymore to get the number of hits for “discovery” or “information governance” for the day. Nonetheless, based on Monday’s post, there is still plenty to talk about! Sessions in the main conference tracks include:

10:30 – 11:30 AM:

E-Discovery for Investigations and Criminal Matters

Traditionally, e-discovery has been a part of complex commercial litigation, but as electronically stored information becomes a ubiquitous part of everyday life, the frontiers of e-discovery are expanding to new areas of law and corporate governance. These areas include the expanded use of e-discovery in investigations and criminal matters. Join us for this session as speakers from government and private practice discuss these growing fields in e-discovery.

Speakers to include: Moderator: David Horrigan, E-Discovery Counsel & Legal Content Director, kCura; Panelists: Edward J. McAndrew, Partner, Ballard Spahr, Xavier Rodriguez, United States District Judge, Western District of Texas, Ronald Sharpe, U.S. Attorney District, Virgin Islands, Stan Stampson, Senior Counsel, The World Bank.

Update on Effects of Brexit on Privacy and Data Protection Considerations

Now that Brexit is a reality, organizations doing business or even serving customers in the United Kingdom are struggling to understand which data protection requirements they should follow and how. Technically the General Data Protection Requirements (GDPR) of the European Union will no longer apply to the UK. So what are organizations supposed to do if they are doing business not only in the UK but also in other EU countries? In this session, a panel of experts will walk the audience through the salient UK requirements, as well as the salient GDPR requirements.

Speakers to include: Moderator: John Isaza, Partner, Rimon PC; Panelist: Richard Hogg, Global InfoGov Solutions Leader, IBM, Jason C. Stearns, Director – Legal & Compliance Group, BlackRock, Jill M. Williamson, Counsel, Rimon PC.

12:30 – 1:30 PM:

New Frontiers for International e-Discovery

Cross-Border e-discovery has always presented challenges for practitioners and clients alike. With the increase in data privacy and protection requirements around the globe, Brexit in the United Kingdom, the upcoming EU General Data Protection Regulation (GDPR), the demise of the EU-US Safe Harbor, and the uncertain future of the EU-US Privacy Shield, these challenges are only growing. To prepare for the future of international e-discovery, hear this panel of US and international legal experts discuss ways to navigate the new frontiers of international e-discovery.

Speakers to include: Moderator: Steve Couling, Vice President of International Sales, kCura; Panelists: Chris Dale, Founder, eDisclosure Information Project, Karyn Harty, Partner, McCann Fitzgerald, Davin Teo, Managing Director Forensic Technology, Alvarez & Marsal Disputes & Investigations Limited, David Horrigan, E-Discovery Counsel & Legal Content Director, kCura.

Data Disposition Strategies from the Trenches

Despite advances in technology and legal clarifications, organizations continue to struggle with hitting the delete button on back-up tapes. This is due in part to a grave misunderstanding of where the law currently stands on the issue, as well as legitimate concerns about inadvertent spoliation or the perception that it was intentional. In this session, without naming names, a panel of experts will walk the audience through the legal methodology and thought processes used to help clients reach a studied and vetted decision to finally hit the delete button.

Stop the Lip Service: Real Advocacy Under the Federal Rules

While counsel has been overrun with news that the Federal Rules of Civil Procedure have changed – very little guidance has been provided to in-house counsel and large data holders on how to leverage the 2015 Amendments to prevent discovery side-shows that waste time and drive costs. This program will discuss how to use the new rules to your organization’s advantage in litigation, including effectively negotiating scope in discovery, cutting short unduly burdensome and disproportionate requests; and re-scoping preservation requirements with concepts of proportionality. Hosted by the Electronic Discovery Institute.

Speakers to include: Moderator: Zach Warren, Editor-In-Chief, Legaltech News; Panelists: Jamie Brown, Consulting Attorney – Law and Technology, Barclay’s, Patrick Oot, Partner, Shook, Hardy & Bacon, LLP, Robert Owen, Partner, Sutherland, Asbill & Brennan, LLP, George Socha, Managing Director, BDO Consulting.

2:00 – 3:00 PM:

The Future of e-Discovery Law, Business, and Practice

In this final session of Legaltech New York 2017, members of the bar and bench and industry analysts predict the future of e-discovery, including how the law will change, how the industry will change, and how law firms and corporations will deal with exploding data volumes in the coming decades of the 21st Century.

Speakers to include: Moderator: David Horrigan, E-Discovery Counsel & Legal Content Director, kCura; Panelists: Monica Bay, Fellow, CodeX: The Stanford Center for Legal Informatics, Dennis Garcia, Assistant General Counsel, Microsoft, James Francis IV (S.D.N.Y), United States Magistrate Judge, Daniel Martin Katz, Professor, Illinois Tech – Chicago Kent College of Law, Andrew Jimenez, CEO, Fronteo USA.

Social Media: Ethics and Records Considerations

Social Media presents a host of challenges for organizations, not the least of which involve its impact on legal ethics and records retention considerations. John Isaza will lead a panel of experts and walk the audience through legal ethics implications arising from a social media presence, including best practices on how to address those ethical concerns. A related topic of discussion will be the records that could arise from social media, including best practices on how to declare, classify and manage the resulting records.

Speakers to include: Moderator: John Isaza, Partner, Rimon PC; Panelists: Jerry Cohen, Partner, Burns & Levinson LLP, Kevin Fumai, Managing Counsel, Oracle, Jefferey Ogden Katz, Member, The Patterson Law Firm LLC.

In addition to these, there are other eDiscovery-related sessions today. For a complete description for all sessions today (and for the entire show, since they’re all on one page), click here.

So, what do you think? Did you attend LTNY this year? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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