Name: 2018 eDiscovery Year in Review
Start: 2018-12-12T18:00:00Z
End: 2018-12-12T18:01:03.000Z
Location: BrightTALK
Rating: 4.8

Up-to-date and informative webcasts on legal discovery from the leading provider of eDiscovery automation technology, CloudNine. Regular content includes briefings, presentations, and legal education events designed to intrigue, inform, and improve viewers understanding and execution of audits, investigations, and electronic discovery tasks. Learn more at https://cloudnine.com

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2019 was another notable year for eDiscovery case law with several significant rulings that stand to impact eDiscovery practices, the admissibility of evidence and the potential of sanctions for discovery violations.  How can these key case law decisions affect discovery within your organization?  This CLE-approved* webcast session will cover key 2019 case law decisions covered by the eDiscovery Daily blog and what the legal profession can learn from those rulings.  Topics include:

+ Biometric Fingerprint Scanning and Privacy
+ Non-party ESI Requests in Litigation
+ Social Media Trends and Judge "Friending"
+ Password Provision and Fifth Amendment Protection
+ Staying Discovery while a Motion to Dismiss is Considered
+ Case Law Trends in Ephemeral Messaging App Discovery
+ Case Law Trends in Mobile Device Discovery
+ Sanctions Trends under Rule 37(e)
+ Sanctions and Case Strategy
+ Inadvertent Disclosures and Sanctions

Presentation Leaders:
Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience in legal technology and is the editor of the CloudNine sponsored eDiscovery Daily blog, a trusted resource for eDiscovery news and analysis.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Important eDiscovery Case Law Decisions of 2019 and Their Impact on 2020

2019 was a busy year for eDiscovery, cybersecurity and data privacy. In data privacy, we've seen everything from the first significant fines for GDPR and organizations preparing for CCPA to litigation over biometric fingerprint capture.  Cybersecurity challenged a lawyer’s notification duty toward data breaches and we’ve seen the American Bar Association question if lawyers are “failing” at cybersecurity.  And in eDiscovery, escalating challenges from mobile device preservation lead to inadvertent disclosures of privileged information and #metoo in the workplace. This CLE-approved* webcast reviews key events and trends in 2019 and predictions for 2020, including:

+ How Much Data is Transmitted Every Minute on the Internet in 2019
+ What is a Lawyer's Notification Duty When a Data Breach Occurs
+ General Data Protection Regulation (GDPR) and Data Privacy Fines
+ Biometric Security and Data Privacy Litigation
+ Cell Phone Passwords and the Fifth Amendment
+ How Organizations Are Complying with the California Consumer Privacy Act (CCPA)
+ Social Media and Judges Accepting "Friend" Requests from Litigants
+ How #metoo and Investigations Impact eDiscovery within Organizations
+ Whether Emojis Are the Next eDiscovery Challenge
+ Challenge to Obtain Significant Spoliation Sanctions under Rule 37(e)
+ Are Lawyers "Failing" at Cybersecurity?
+ Outside Hackers vs. Internal Employees As Cybersecurity Threat
+ Sanctions Resulting from Inadvertent Disclosure of Privileged Information

Presentation Leaders:
Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience in legal technology and is the editor of the CloudNine sponsored eDiscovery Daily blog, a trusted resource for eDiscovery news and analysis.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

2019 eDiscovery Year in Review

Federal Rule of Civil Procedure 30(b)(6) permits a party to notice or subpoena the deposition of an organization which then must then designate one or more individuals who consent to testify on its behalf about information “known or reasonably available to the organization.”  But, how should it be conducted to maximize the discovery obtained, what are some strategies to consider to help ensure a successful deposition and what are some common mistakes to avoid?  And, what are some eDiscovery related topics about which a 30(b)(6) witness should be prepared to testify?  This CLE-approved* webcast session will discuss the DO'S and DON’TS of preparing for and conducting a 30(b)(6) witness deposition. 

Key topics include:

+ Initial Considerations for 30(b)(6) Witness Depositions
+ Proposed Changes to Rule 30(b)(6)
+ Potential eDiscovery Topics for Your 30(b)(6) Witnesses
+ Common Mistakes in Preparing 30(b)(6) Witnesses
+ Specific Strategies to Consider for 30(b)(6) Witness Depositions
+ Case Study: Example of a Hostile 30(b)(6) Witness Presentation
+ 39 Rules for Corporate 30(b)(6) Witness Depositions

Presentation Leaders:

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author each year since 2017.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

DO’S and DON’TS of a 30(b)(6) Witness Deposition

eDiscovery isn’t just about emails and Office documents anymore.  Newer sources of electronically stored information (ESI) and newer devices from which those sources are accessed are causing an explosion of data volumes and a proliferation of data sources that is unprecedented.  And, millennials’ use of technology is a primary driver in the proliferation of these newer sources and devices, changing the paradigm of where potentially responsive ESI may need to be identified, preserved and collected.  This CLE-approved* webcast session will discuss how evolving technology trends are impacting eDiscovery today and how to think like a millennial to stay on top of those developing trends.  Key topics include:

+ Understanding Millennials and How They Differ from Previous Generations
+ Drivers for Millennials’ Thinking Today
+ How Litigation Support and eDiscovery Has Evolved Over the Years
+ Challenges Posed by BIG Data and Variety of Data Sources
+ Ethical Duties and Rules for Understanding Technology
+ Impact of Millennials on Legal Technology and eDiscovery
+ Your Clients May Have More ESI Than You Think
+ Recommendations for Addressing Today and Future Technology Challenges

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author for 2017 and 2018.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Thinking Like a Millennial in eDiscovery

So far, 2019 has been another interesting year with notable and important case law decisions related to eDiscovery best practices.  What do you need to know about the cases to avoid mistakes made by others and save time and money for your clients?  This CLE-approved* webcast session will cover key case law covered by the eDiscovery Daily Blog during the first half of 2019 to identify trends that lawyers should consider for their own practices. Key topics include:

+ Can ESI related to an unsolved murder case be compelled to be produced in a related civil case?
+ Is the use of biometric fingerprint scanning technology an invasion of privacy?
+ When can non-parties be compelled to produce ESI in litigation?
+ Are social media photos that you didn’t post discoverable if you’ve been tagged in them?
+ Can sanctions be so important that you fight NOT to have a claim against you dismissed?
+ Is being forced to provide your cell phone password the “death knell” for fifth amendment protection?
+ Should a case ruling be reversed if a judge is Facebook friends with one of the parties?
+ Should discovery be stayed while a motion to dismiss is being considered?
+ Does Rule 37(e) eliminate the potential for obtaining sanctions for spoliation of ESI?

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author for three consecutive years .

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Key eDiscovery Case Law Review for First Half of 2019

It seems as though the eDiscovery deck is stacked against plaintiff’s attorneys.  Defendants seem to have all the resources, the technical know-how and the interest of the major eDiscovery vendors while the plaintiffs often have few resources, technical knowledge or eDiscovery experience.  How do plaintiff’s attorneys bridge that gap?  This CLE-approved* webcast session will discuss the biggest eDiscovery challenges facing plaintiff’s attorneys and provide best practices for addressing those challenges to give plaintiff’s attorneys the best chance t get the evidence they need for their case.  Topics include:

+ Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys
+ Ethical Duties and Rules for Understanding Technology
+ Does the eDiscovery Market Care About Plaintiff's Attorneys?
+ Understanding the Fundamentals of eDiscovery
+ Your Clients May Have More ESI Than You Think
+ How to Request the Right Form of Production from Opposing Counsel
+ Mechanisms and Approaches for Getting the Data to Make Your Case
+ What You Need to Know About Technology Assisted Review
+ Resources You Need to Bridge Your Understanding Gap

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author for three consecutive years .

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Conquering the Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys

Does it seem like eDiscovery production always seems to be such a big production?  It doesn’t have to be.  There are a number of steps you can take to minimize the stress, cost and rework associated with producing electronically stored information to opposing counsel as well as to ensure that their production to you is as useful as possible.  This CLE-approved* webcast will discuss some of the most common steps you can take during the discovery life cycle to keep your eDiscovery production on track.  Topics include:

+ When to Start Thinking About the Production
+ Proactively Addressing Inadvertent Privilege Productions
+ Up Front Planning to Reduce Your Production Burden
+ Avoiding Getting Stuck with a Bad Production from Opposing Counsel
+ Understanding Your Data to Drive Discovery Decisions
+ Minimizing Potential ESI Spoliation Opportunities
+ Eliminating Processing Mistakes that Can Slow You Down
+ Common Searching Mistakes and How to Avoid Them
+ Avoiding the Redaction "Epic Fail"
+ Understanding Load Files and Common Issues with Them
+ Ensuring a Smooth and Accurate Production Set

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author for three consecutive years .

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Keeping Production from Becoming a Big Production

In today’s era of growing data privacy concerns with GDPR and CCPA, increase in harassment claims with #MeToo and rising corporate malfeasance concerns, there are a lot of potential compliance and investigations needs with regard to discovery that organizations have today whether or not they ever lead to litigation.  This CLE-approved webcast* will discuss the drivers and challenges facing organizations today to be more proactive in understanding their data to identify issues before they lead to litigation and address them proactively.  Topics include:

+ Timeframes to Act After the Case is Filed
+ Challenges Posed by BIG Data and Variety of Data Sources
+ Data Privacy Trends and Challenges
+ Challenges from #metoo and Corporate Malfeasance
+ Key Stats and Challenges Regarding Data Breaches
+ Will Information Governance Bail Us Out of This Mess?
+ Data Discovery vs. Legal Discovery
+ Where the Technology is Heading
+ Recommendations for Addressing Data Discovery Challenges

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author each year since 2017.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Discovery Isn’t Just for Litigation Anymore

If you think you’re hearing more and more about blockchain and bitcoin, you’re probably right.  Blockchain is even being discussed as having potential application in legal technology and electronic discovery.  But, what exactly is it?  How does it work?  And, how do you need to be prepared to address it as a legal professional?  This CLE-approved* webcast session will discuss, define and describe blockchain and how it can apply to legal technology and eDiscovery today and in the future.  Topics include:

+ History of Blockchain and Bitcoin
+ Defining Key Terms
+ How Blockchain Works
+ Advantages and Challenges of Blockchain
+ Smart Contracts and Other Use Cases for Blockchain
+ Impacts of Blockchain on Legal Technology and eDiscovery
+ Is Blockchain Really as Secure as People Think?
+ Future of Blockchain
+ Resources for More Info

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author for 2017 and 2018.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Understanding Blockchain and its Impact on Legal Technology

2018 was another notable year for eDiscovery case law with several significant rulings that stand to impact eDiscovery practices and the admissibility of evidence.  How can these key case law decisions affect discovery within your organization?  This CLE-approved* webcast session will cover key 2018 case law decisions covered by the eDiscovery Daily blog and what the legal profession can learn from those rulings.  Topics include:

+ Technology Assisted Review best practices and trends
+ The use of sampling to settle disputes
+ Admissibility vs. proportionality and privacy disputes
+ Form of production disputes and the issues involved
+ Key case rulings on discoverability of mobile device data
+ Privilege disputes and clawback requests
+ Impact of rules changes on boilerplate objections
+ The state of sanctions three years after the 2015 Fed Rules updates

Presentation Leaders: 

Doug Austin is the Vice President of Products and Services for CloudNine. Doug has over 30 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. Doug is also the editor of the CloudNine sponsored eDiscovery Daily blog, which is a trusted resource for eDiscovery news and analysis, and has received a JD Supra Readers Choice Award as the Top eDiscovery Author for 2017 and 2018.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Important eDiscovery Case Law Decisions of 2018 and Their Impact on 2019

Technology Assisted Review (TAR) has been court approved for nearly seven years now and other technologies and approaches have been proven to save time and money while even improving quality within the discovery process.  Yet, many lawyers still have yet to embrace these new technologies and approaches.  Why, and what needs to happen to change things?  This CLE-approved* webcast will discuss a lawyer’s ethical duty to understand technology, how to address today’s challenges and embrace approaches for addressing those technologies, pertinent case law regarding the use of technology and resources for more information.  Topics include: 

+ Ethical Duties and Rules for Understanding Technology
+ Addressing Discovery of Various Sources of ESI Data
+ Understanding the Goals for Retrieving Responsive ESI
+ Considerations and Challenges for Using Technology Assisted Review
+ Considerations for Form of Production
+ Key Case Law Related to Technology Challenges
+ Resources for Expanding Your Technical Expertise
+ Recommendations for Becoming Technology Competent
+ Resources for More Information


Presentation Leaders: 

Doug Austin is the VP of Products and Professional Services for CloudNine where he manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. 

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology?

As evidenced by some high-profile recent eDiscovery disasters, managing eDiscovery projects is more complex than ever.  Not only have the volume and variability of ESI data sources increased dramatically, but there are often more stakeholders in eDiscovery projects today than characters on the board game Clue©.  Successful eDiscovery today means not only meeting your obligations, but also making sure that each stakeholder in the process succeeds as well.  This CLE-approved* webcast will discuss the various participants in the eDiscovery process, what motivates each of them, and best practices on how to avoid becoming the next high-profile eDiscovery disaster.  Topics include:

+ The Process: Managing the Project from Initiation to Close
+ The Phases: Managing the Flow of ESI Before and During the Process
+ The Players: Goals and Objectives of Each eDiscovery Stakeholder
+ Whodunnit?: Lessons Learned from a Large Financial Institution’s Mistakes
+ Whodunnit?: Lessons Learned from a Government Entity’s Mistakes
+ Whodunnit?: Lessons Learned from a Medical Center’s Mistakes
+ Recommendations for Avoiding Your Own Mistakes
+ Resources for More Information

Presentation Leaders:

Doug Austin is the VP of Products and Professional Services for CloudNine where he manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. 

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Mike Quartararo is the founder and managing director of eDPM Advisory Services. He is also the author of the 2016 book Project Management in Electronic Discovery, the only book to merge project management principles and best practices in electronic discovery.

Get a “Clue” Regarding Your eDiscovery Process

A snapshot demonstration of the process required to update an image base within Concordance Desktop.

Some of the various ways in which to update a Concordance Desktop image base are renaming media paths and folders, editing or deleting media keys and calculating and updating the page count for an image base. Use Concordance Desktop’s Image Base Management feature to accomplish each of these tasks.

CloudNine Training Snapshot: Concordance Desktop Updating Image Bases

An overview of the configurable settings in the LAW PreDiscovery Electronic Discovery Loader, that are specific to the type of source you’re importing. Based on policies and project specifications, the settings tab is used to determine how specific file types will be handled during the import process, such as extracting the contents of an archive or detecting duplicate files, as well as how the files will be organized in the folder view of LAW PreDiscovery.

CloudNine Electronic Discovery Loader Settings Overview

A snapshot demonstration of an introduction to the LAW PreDiscovery Electronic Discovery Loader.

Law Prediscovery Electronic Discovery Loader

Information Governance (IG) has always been part of the eDiscovery landscape and it has always been important for reducing the population of potentially responsive electronically stored information (ESI) that might be subject to litigation by helping organizations adopt best practices for keeping their information “house in order”. But now with an increased concentration on the two-fold concerns of privacy and security, IG has become more important than ever.  This CLE-approved* webcast will explore the implementation of Information Governance best practices to help organizations better prepare for litigation before it happens.  Topics include:

+ Minority Report: Pre-Case for Litigation Avoidance
+ What Information Governance is and What it Isn't
+ General Principles for Information Governance
+ Who Uses Information Governance?
+ IG Considerations and Issues
+ Basic Information Governance Solutions
+ Information Governance vs. Analytics
+ How Privacy/Security Has Impacted the Importance of an IG Program
+ Recommendations for Implementing an IG Program

* MCLE Approved in Selected States

Presentation Leader: Doug Austin

Doug is the VP of Products and Professional Services for CloudNine. At CloudNine, Doug manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. 

Special Consultant to CloudNine: Tom O'Connor

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Preparing for Litigation Before it Happens

2018 was a very busy and significant year from an eDiscovery standpoint.  This year has had everything from new data privacy laws here and in Europe to the use of Internet of Things (IoT) devices in discovery to important trends regarding the use (or non-use) of Technology Assisted Review (TAR) to a landmark SCOTUS case regarding accessing cell phone location data without a warrant.  What do you need to know about important 2018 events and how they impact your eDiscovery efforts?  This CLE-approved* webcast will discuss key events and trends in 2018, what those events and trends mean to your discovery practices and predictions for 2019.  Topics include:

+ Technology Competence Trends and Developments
+ CLOUD Act and the Microsoft Ireland Case
+ General Data Protection Regulation (GDPR) and California Data Privacy Law
+ Data Privacy and Cybersecurity Trends and Challenges
+ SCOTUS Ruling in Carpenter v. US
+ Technology Assisted Review (TAR) Trends
+ Internet of Things (IoT) Devices as Sources of ESI
+ Business and Investment Trends within eDiscovery
+ Form of Production Trends and Disputes
+ New Resources for eDiscovery Best Practices

Presentation Leaders: 

Doug Austin is the VP of Products and Professional Services for CloudNine where he manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients. 

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

2018 eDiscovery Year in Review

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2018 eDiscovery Year in Review

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