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2017 eDiscovery Case Law Review: Sanctions, Security and SCOTUS on Spoliation

In modern legal practice, the difference between success and failure often boils down to the ability to navigate and make sense of data. To that end, the legal profession in 2017 was largely shaped by major developments in data and legal technology, from the way in which discovery sanctions were adjudicated to news-making data breaches, such as the so-called “Paradise Papers,” where the hacking of a major law firm exposed illicit tax-sheltering practices of many of the firm’s clients. Over the course of a tumultuous year, legal professionals confronted the specter of cybercrime, a shifting of judicial views on how (and how hard) evidentiary penalties should be imposed, and the fact that the demise of a client’s case -- or a fruitful career -- can arise from a simple failure to understand how modern tech works. The Supreme Court, in the high-profile Goodyear decision, even got in on the action.

Join a panel of experts, including federal judges, as we glean practical guidance from the most important cases and developments of 2017.

Cases reviewed include:

Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017): When does a court’s inherent power to sanction cross the line?

Ronnie Van Zant, Inc. v. Pyle, 2017 U.S. Dist. LEXIS 138039 (S.D.N.Y. Aug. 28, 2017): Non-party sanctioned under Rule 37(e) for loss of cell phone information.

Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017): Should privilege be waived due to inappropriate use of a file-sharing site?

N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., 2017 U.S. Dist. LEXIS 130959 (D.N.M. Aug. 16, 2017): Should sanctions be levied for giving employees discretion to preserve emails?

Bailey v. Brookdale University Hospital Medical Center, No. CV 16-2195(ADS)(AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017): Expensive discovery persuades court to split costs, and penalize counsel, in light of lopsided ESI agreement.
Recorded Dec 7 2017 63 mins
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Presented by
Judge Frank Maas, Attorney Michael Simon and More
Presentation preview: 2017 eDiscovery Case Law Review: Sanctions, Security and SCOTUS on Spoliation

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  • Are You Missing Critical Evidence? eDiscovery Search Accuracy with Craig Ball May 8 2018 5:00 pm UTC 75 mins
    Craig Ball
    When it comes to eDiscovery, how can you ensure that you're finding what you're looking for? It starts with search accuracy.

    Ask any lawyer how important the accuracy of searches within an eDiscovery platform is to them. Nine times out of ten, the answer will be “It’s #1. It’s the most important.”

    Of course it is! If your search is faulty, then your entire case could be at risk. Indeed, unreliable searches could hurt your entire career, exposing you to potential sanctions, spoliation, and shame.

    In discovery, guaranteeing accurate, reliable searches should be a top priority. But often, legal professionals don’t realize what they’re missing, or how their approach to discovery, from their eDiscovery software to query construction, can impact the evidence available to them.

    Join us for this must-see webinar on search accuracy featuring Craig Ball, a trial lawyer, computer forensic examiner, law professor and noted authority on electronic evidence.

    Attendees will learn about:
    - How your discovery platform can dramatically impact your search accuracy
    - The importance of configuration, processing settings, query language and syntax
    - How to make sure the other side isn’t failing to produce important documents
    - Tips and tricks for improving your searches


    About Craig:
    Craig Ball is a noted authority on electronic evidence. He limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery and has served as the Special Master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the U.S. He is a founder of the Georgetown University Law Center E-Discovery Training Academy and teaches Electronic Discovery and Digital Evidence at the University of Texas School of Law. You can find his articles on eDiscovery and computer forensics on his website, www.craigball.com, and his blog, www.ballinyourcourt.com.
  • Virtual Law Firm Toolkit: A Guide to Building The Perfect Cloud-based Practice Apr 25 2018 6:00 pm UTC 75 mins
    Michael Chasin, Lexicata, Casey Sullivan, Logikcull
    Whether you’re hanging your own shingle, moving to a paperless practice, or just looking to modernize your firm, the tools you need to succeed as a legal professional are increasingly in the cloud. And that’s good news.

    As the BigLaw model faces a decade of stagnation, the cloud is allowing innovative lawyers to level the playing field without costly investments in infrastructure, to take on new opportunities, and gain an advantage over their more flat-footed competitors.

    Join this webinar to learn how cloud-based technology can help you build a practice that runs smoothly, efficiently, and successfully, cutting back on the drudgery and allowing you to focus on the work that most matters.

    Participants will learn:
    - The benefits the cloud brings to legal practice
    - Tips for selecting cloud-based tools
    - Practical tools for everything from managing relationships, to legal research, to dealing with evidence

    Featured Presenters:
    Michael Chasin is the CEO and co-founder of Lexicata as well as one other legal tech company, LawKick. He was born and raised in Los Angeles but went to college in both Barcelona, Spain and Chapel Hill, North Carolina. He returned back to Los Angeles to complete his JD & MBA Degrees from Loyola Marymount University.

    Casey Sullivan is an attorney in San Francisco, who leads thought leadership and consumer education efforts at Logikcull.
  • Managing Corporate eDiscovery to Save Millions of Dollars Recorded: Apr 12 2018 72 mins
    Wayne Matus, Bill McManus, Ron Sotak, and Michael Simon
    eDiscovery can be expensive, risky, complex—and expensive again. For companies dealing with massive amounts of data in litigation, it’s not unusual to see budgets quickly overwhelmed by burdensome discovery requirements, endless vendor bills, and outside counsel who fail to make efficiency a concern, let alone a priority. But it doesn’t have to be this way.

    A comprehensive corporate eDiscovery program can reduce discovery costs by tens of millions of dollars—or more.

    Join us for this upcoming webinar featuring experts who have saved companies millions.

    Attendees will learn:
    - The characteristics of a cost-effective eDiscovery program
    - Strategies for active litigation management
    - The role of information governance in reducing corporate legal spend
    - How outside counsel can contribute to corporate cost savings

    Featured Presenters:
    Wayne Matus, Matus Consulting Group LLC: Wayne Matus is a litigation partner & managing director with extensive experience in litigation, investigations and compliance, adept at solving eDiscovery, privacy & data related problems for organizations large & small. Prior to launching Matus Consulting Group LLC, Wayne revolutionized the eDiscovery process at UBS, reducing eDiscovery costs by tens of milions of dollars.

    Bill McManus, Partner at Cosmich Simmons & Brown. Bill is an experienced litigator & corporate counsel with specialized expertise in eDiscovery, information management, & more. Bill’s practice focused on utilizing dedicated teams of attorneys & leveraging technology to streamline legal processes with predictable pricing & predictable & defensible outcomes.

    Ron Sotak, Director of e-Discovery at Cosmich, Simmons & Brown, where manages a specialized team of document review attorneys within the firm’s Strategic Business Solutions practice group. Ron has worked with Corporate & merits counsel to develop custom workflows utilizing state-of-the-art technologies in hundreds of document review projects.
  • Blockchain and the Law: What Lawyers (and Their Clients) Need to Know Recorded: Mar 29 2018 71 mins
    Antigone Peyton, Erica G. Wilson
    Blockchain technology is promising to remake institutions and industries throughout the world. Companies are looking to integrate blockchain into their business models, while technologists are investigating how it may change everything from international financial institutions to simple contracts. At the same time, government regulators are just beginning to pay attention to blockchain-based technologies.

    More and more legal professionals, too, are becoming familiar with blockchain, whether in advising clients on the legal implications of potential blockchain initiatives, dealing with an evolving regulatory landscape, or handling disputes involving blockchain-based technologies and assets.

    Attendees will learn:
    - The basics of blockchain technology
    - Common blockchain use cases
    - Considerations when advising clients on blockchain
    - Emerging legal and regulatory issues related to blockchain technology

    Featured Presenters

    Antigone Peyton
    Member
    Protorae Law

    Antigone Peyton leads the Intellectual Property and Technology Law practice at Protorae Law, where she focuses on intellectual property litigation and IP portfolio management and growth strategies involving patents, trademarks, trade secrets, and copyrights. Her litigation and counseling practices also include technology law issues involving social media, IoT, cybersecurity, blockchain, and cloud computing.

    Erica G. Wilson
    Associate
    Vuono & Gray

    Erica G. Wilson is an associate with Vuono & Gray, where she is representing individuals and businesses in civil cases, such as disputes over employment contracts, commercial leases, confessions of judgment, partnership agreements, and, yes, blockchain. A cryptocurrency and blockchain enthusiast, Erica regularly speaks to bar associations and professional groups about the legal implications of such technology and is proud to count herself as one of the only 802 people to report bitcoin-related gains to the IRS.
  • 2018: Emerging Trends in eDiscovery Recorded: Feb 7 2018 64 mins
    Antigone Peyton, Protorae Law, Brett Burney, Burney Consultants, Michael Simon, Seventh Samurai
    In 2018, will ever-accelerating data growth threaten to overwhelm the legal system? Will ephemeral messaging result in a new body of spoliation case law? Will sanctions based on inherent authority make a resurgence? Will Amazon's Alexa, social media, and the Internet of Things start changing how lawyers approach discovery? Will eDiscovery finally become just discovery?

    Join hosts Antigone Peyton, Chair of the Intellectual Property and Technology Law Practice group at Protorae Law, Brett Burney, author, expert on legal technology and former chair of the ABA Techshow, and Michael Simon, attorney and consultant with Seventh Samurai, as we discuss these emerging trends and many more. It’s almost like staring into a crystal ball.
  • Slack, Social Media and Self-Deleting Texts: Developments in Employment Law Recorded: Jan 18 2018 64 mins
    Eric Meyer, Partner at Dilworth Paxson, Kristin Ahr, Of Counsel at Broad and Cassel, and Vilma Martinez, GC at Avante Group
    With the explosion of new technology and forms of communication, the modern workplace has become a hotbed of potential evidence that proves essential in labor and employment disputes and investigations. Landlines and water coolers have long been replaced by Slack and Google Hangouts -- and the resulting landscape is one that can vex employers and attorneys who are not up to speed. In this Logikcull webinar, experts including Eric Meyer, partner at Dilworth Paxson in Philadelphia and author of the award-winning Employer Handbook blog, give practical guidance for legal professionals on hot topics, including:

    - The obligations of employers to maintain and update social media, BYOD and other technology-related policies,

    - Navigating personal text messages, emojis, social media and Slack in the course of discovery,

    - The impact of recent case law on employee right to privacy in light of new technology,

    - Self-deleting messaging apps, “ephemeral” media, and their consequences on the duty to preserve.
  • 2017 eDiscovery Case Law Review: Sanctions, Security and SCOTUS on Spoliation Recorded: Dec 7 2017 63 mins
    Judge Frank Maas, Attorney Michael Simon and More
    In modern legal practice, the difference between success and failure often boils down to the ability to navigate and make sense of data. To that end, the legal profession in 2017 was largely shaped by major developments in data and legal technology, from the way in which discovery sanctions were adjudicated to news-making data breaches, such as the so-called “Paradise Papers,” where the hacking of a major law firm exposed illicit tax-sheltering practices of many of the firm’s clients. Over the course of a tumultuous year, legal professionals confronted the specter of cybercrime, a shifting of judicial views on how (and how hard) evidentiary penalties should be imposed, and the fact that the demise of a client’s case -- or a fruitful career -- can arise from a simple failure to understand how modern tech works. The Supreme Court, in the high-profile Goodyear decision, even got in on the action.

    Join a panel of experts, including federal judges, as we glean practical guidance from the most important cases and developments of 2017.

    Cases reviewed include:

    Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017): When does a court’s inherent power to sanction cross the line?

    Ronnie Van Zant, Inc. v. Pyle, 2017 U.S. Dist. LEXIS 138039 (S.D.N.Y. Aug. 28, 2017): Non-party sanctioned under Rule 37(e) for loss of cell phone information.

    Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017): Should privilege be waived due to inappropriate use of a file-sharing site?

    N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., 2017 U.S. Dist. LEXIS 130959 (D.N.M. Aug. 16, 2017): Should sanctions be levied for giving employees discretion to preserve emails?

    Bailey v. Brookdale University Hospital Medical Center, No. CV 16-2195(ADS)(AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017): Expensive discovery persuades court to split costs, and penalize counsel, in light of lopsided ESI agreement.
  • eDiscovery Case Law Update Webinar Recorded: Nov 15 2017 60 mins
    Robert Hilson
    Join Logikcull and a panel of experts for lessons and best practices to be learned from the most important eDiscovery cases -- and debacles -- of the year. Seven cases will be featured. Come for the hardcore precedence. Stay for the surprise bonus lessons. Michael Simon and Timothy Lohse will host.

    Featured cases include:

    Fischer v. Forrest - Boilerplate objections create havoc
    Morgan Hill Concerned Parents Ass'n - If at first you don't produce correctly, try try again.
    Harleysville Ins. Co. v. Holding Funeral Home - Hitting 'reply all' to the entire internet = privilege waiver
    Solo v. UPS Co. - Proportionality is here, finally.
    Shawe v. Elting - Bad conduct draws bad sanctions...
  • Protecting Client Data in the Age of Cybercrime Recorded: Sep 22 2017 61 mins
    Brian Focht, Eli Walk, Joe Marquette
    If you're practicing law in 2017, you're squarely in the crosshairs of one of the biggest threats the profession has ever faced. Law firms, by the nature of their business, are possessors of their clients' most sensitive trade secrets, IP and electronic records. And hackers know it. Earlier this year, this threat came home to roost in a big way: The Panama-based law firm Mossack Fonseca fell prey to what Edward Snowden described as the "biggest leak in the history of data journalism" -- where hackers accessed the firms IT framework and leaked more than 11.5 million documents across the web.
  • Social Media and the Law Recorded: Sep 6 2017 65 mins
    John Isaza, Eric Goldman, Aryan Kushan
    There are more than three billion active social media users across the world today. That’s almost half the global population, regularly tweeting about the news, sharing updates about their work, and, yes, uploading pictures of their lunch. But social media isn’t just changing the way we interact with each other; it’s changing the way we practice law.

    The rise of social media has significant and novel implications for legal professionals. How are social media messages accessed and preserved for litigation? What are the information governance implications, and potential liabilities, that can stem from a company’s Twitter account or an employee’s Facebook usage? And how are attorneys supposed to make sense of a or a , when emojis are working their way into more and more communication, on social networks and off?
  • Protecting Against Petya: Ransomware and the Future of Law Firm Cybersecurity Recorded: Jul 27 2017 47 mins
    Olga Mack, Brian Focht
    In June, a massive cyberattack brought down one of the country's biggest law firms. DLA Piper, its systems ravaged by the Petya ransomware program, was forced to shut down its phones service, email, and internal computer network--potentially costing millions in lost income. Weeks later, the firm was still digging itself out.

    Such attacks are increasingly an existential threat to firms of all sizes: the difference between being billing and nothingness. Join us as we discuss this urgent issue.

    Attendees will learn:

    -The recent history of cyberattacks against law firms large and small
    -The potential consequences of a successful attack
    -Cybersecurity protections GCs demand from their outside counsel
    -Ways attorneys can protect themselves against ransomware and other cyberattacks
  • The Price of Defeat: Navigating the High-Stakes 'Loser Pays' Rule Recorded: Jun 21 2017 61 mins
    Hon. Joy Flowers Conti, Michael Simon
    Millions of dollars trade hands each year by way of an obscure federal statute that allows prevailing parties to recover litigation costs. Increasingly, high stakes disputes arise over which, if any, eDiscovery costs can be recovered and how to pursue them.

    This webinar digs into case law and judicial guidance on a little understood, but increasingly important issue. Speakers include Hon. Joy Flowers Conti, Chief District Judge of the US District Court for the Western District of Pennsylvania.

    Attendees will learn:


    The history of eDiscovery cost-taxing in federal courts
    Approaches and preconditions for recovering eDiscovery costs
    Notable cases and outliers, including Supreme Court guidance
    Arguments likely to resonate with judges from plaintiff and defendant perspectives
  • Bitcoin, Blockchain, and the Law Recorded: May 12 2017 72 mins
    Erica Wilson, Stephen Middlebrook
    Bitcoin is currently soaring to new heights, with a single bitcoin worth more than $3,000. New “cryptocurrencies,” or digital currencies that employ encryption, are emerging every day, with hundreds circulating every day. Some entrepreneurs are even abandoning IPOs in favor of an “ICO,” or initial coin offering. And as blockchain-based cryptocurrencies become more widespread, they’re earning the scrutiny of federal and state regulators, from the IRS to state legislatures.

    Meanwhile blockchain, the technology that makes many virtual currencies possible, is gaining even more attention, as financial giants invest millions in blockchain research and forward-thinking legal minds turn to the technology for everything from land registries to smart contracts.

    These aren’t just hyped tech trends; bitcoin and blockchain could have significant legal implications, whether it's complicating eDiscovery, raising money laundering concerns, or being used as payment for legal services.

    Attendees will learn:
    -The basics of blockchain and bitcoin technology
    -How blockchain and bitcoin are impacting attorneys day-to-day practice -right now
    -How federal and state laws impact virtual currencies
    -Regulatory frameworks and possible regulatory action around virtual currency
  • Eliminate the #1 Risk in Modern Litigation Recorded: Jan 27 2017 29 mins
    Andy WIlson, Robert Hilson
    Security experts have a favorite saying: data is most vulnerable when it's in motion. Discovery, unfortunately, is a process of motion, where information and documents are shared between client, counsel, third-party service providers and opposing parties. Often, this data is exchanged on physical media (i.e. hard drives, DVDs) or through insecure methods like unencyrpted email. It's a risky, time-consuming and expensive process.
Logikcull
Logikcull.com is instant discovery for modern legal teams. Its secure, cloud-based solution helps law firms and organizations of all sizes solve the expensive, complex, and risky challenges associated with eDiscovery, internal investigations, and open records response. With Logikcull, you can start a discovery project in five seconds, from anywhere at any time on any device. Reviewing data is as easy as performing a Google search. And in Logikcull, your data is always secure. That’s why it’s trusted by the Fortune 500, Am Law 200, and governments of the biggest cities in the world. Founded in 2004 by CEO Andy Wilson and CTO Sheng Yang, Logikcull builds powerfully simple software that democratizes discovery.

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  • Presented by: Judge Frank Maas, Attorney Michael Simon and More
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