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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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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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  • 2018 eDiscovery Case Law Review Nov 28 2018 7:00 pm UTC 75 mins
    Judge Thomas I Vanaskie, U.S. Third Circuit Court of Appeals, and a panel of attorney experts
    In modern legal practice, the difference between failure and success can often turn on data. Yet after nearly two decades of eDiscovery case law and two related sets of revisions to the Federal Code of Civil Procedure, the bench and bar still grapple with how best to handle data in litigation, as the most important cases of the past year show.

    From discovery processes gone wrong and new sources of sanctions, from anonymous messaging platforms to claims of discovery malpractice, the past year’s cases are a reminder that discovery remains as critical, and sometimes as risky, as ever.

    Join Judge Thomas I. Vanaskie of the U.S. Court of Appeals for the Third Circuit and a panel of attorney experts for an upcoming webinar surveying these cases and more.

    Feature Presenter:
    Judge Vanaskie was appointed to the Third Circuit Court in 2010, having served at the federal district court level in Scranton for 16 years prior. Over the course of his two decades on the bench, technology has dramatically reshaped how litigation is waged and disputes resolved. But Vanaskie has spearheaded efforts to keep the justice system up to speed. In 2005, he was selected by Chief Justice William Rehnquist to head the Information Technology Committee of the U.S. Judicial Conference, the policy making body for federal courts, a role he served until 2008. Judge Vanaskie may be best known in legal technology circles for authoring what is perhaps the most influential decision on the recovery of electronic discovery costs, Race Tires America.
  • Cybersecurity and Your Ethical Duties Recorded: Oct 25 2018 64 mins
    Eli Wald and Casey Sullivan
    In the eyes of cybercriminals, legal professionals are an easy—and lucrative—target. Law firms are often a one-stop shop for incredibly sensitive information and you might not be doing enough to protect the data in your possession.

    So if a breach occurs, what potential ethics violations may result? Join us for an upcoming webinar as we delve into this question.

    Watch to learn:
    + How not to get hacked and how to respond when you do
    + Where professional responsibility and cybersecurity intersect
    + What steps attorneys must take to protect client data
    + How the "reasonableness" of cybersecurity protections is determined
    And more!

    Featuring Eli Wald, Professor, Sturm College of Law

    A professor of legal ethics at the University of Denver’s Sturm College of Law, Eli was one of the first academics to investigate the ethical implications of law firm cybersecurity, or, as he terms it, “legal ethics’ next frontier.”

    A frequent author and speaker on ethics and professional responsibility, his work has appeared in leading journals such as the Fordham, Stanford, University of Colorado and Wisconsin law reviews, and the Georgetown Journal of Legal Ethics. Eli’s articles have also been cited in ABA ethics opinions and excerpted in legal ethics casebooks.
  • The Lawyer's Guide to Slack Discovery Recorded: Oct 16 2018 63 mins
    Michael Simon, David Slarskey, and others
    Slack, the massively popular file sharing and messaging platform, is changing communications and discovery as we know them. That's because Slack, and similar tools, are fastly supplementing, if not replacing, email and discrete documents. Yet legal teams are used to documents, not chat rooms.

    Join this webinar for a dive into how Slack is changing communications and discovery--and how you can take advantage of this new source of data.

    Register now to learn:
    - How Slack is changing discovery and investigations
    - Why Slack could hold key data for your case
    - The unique challenges Slack data poses
    - How creative legal teams are leveraging Slack data during the discovery process
    - Best practices for dealing with Slack data and overcoming objections, from those who’ve done it
  • eDiscovery Dirty Tricks (And How to Defeat Them) Recorded: Sep 18 2018 64 mins
    Michael Simon, Brian Wolfinger, Moneet Kohli, & Rebecca Rakoski
    Join a panel of experts as they identify some of the most common underhanded eDiscovery tricks and teach you what you can do to defeat them.

    Document dumps, questionable denials of custody and control, meritless objections—when it comes to eDiscovery, your opposing counsel may have a few dirty tricks up his sleeve.

    Attend the webinar and learn to how to counter common situations such as:
    - When a party produces everything plus the kitchen sink
    - When counsel wields proportionality as both a shield and a sword
    - When attorneys play games with privilege claims
    - And many more!

    Featured Presenters:

    Brian Wolfinger: Chief Technology Officer at Everest Technologies, Brian Wolfinger has decades of experience in the worlds of digital forensics and electronic discovery, as founder of Wolfinger Forensics, former CISO and VP of Technology at LDiscovery, and Manager of the Emergency Response Services at ISS.

    Rebecca Rakoski: Rebecca Rakoski is the co-founder and managing partner at XPAN Law Group, a boutique law firm focusing exclusively on cybersecurity and data privacy. She is an expert on the intersection of technology and legal obligations and liabilities and has extensive experience in cybersecurity standards and guidelines.

    Moneet Kohli: An attorney and seasoned eDiscovery expert, Moneet Kohli helps legal professionals implement, manage, and simplify eDiscovery, as Senior Customer Success Manager at Logikcull. In the past, Moneet managed eDiscovery projects at multiple AmLaw 100 firms and corporations throughout the United States. She also serves as San Francisco's Chapter Director of Women in eDiscovery.

    Michael Simon: Michael Simon is an attorney and consultant with over 15 years of experience in the eDiscovery industry, during which he’s seen more than his fair share of dirty tricks. Principal at Seventh Samurai and adjunct professor of law, he regularly writes and presents on pressing eDiscovery issues throughout the country.
  • New Horizons in Data and Litigation Recorded: Aug 28 2018 62 mins
    Christopher J. Adams, Martha K. Louks, and Michael Simon
    The amount of data available to legal professionals is expanding at a mind-boggling pace. Over 2.5 exabytes, or 75 trillion pages’ worth, of data is generated every day. And much of it isn’t the email inboxes and Office documents attorneys are used to dealing with.

    From chat messages, to IoT data, to ephemeral communications, tomorrow’s case-dispositive data can take nearly any shape.

    Join us for this webinar as we explore the ways novel data sources are reshaping the future of discovery and litigation. Topics to be covered include:

    -- Mobile data: Does BYOD, BYOA and BOYC all add up to Bring Your Own Nightmare?
    -- Redefining TL;DR with ephemeral messaging
    -- Welcome to your quantified life. BTW, it’s all discoverable
    -- The IoT isn’t SciFi. It’s here now and it’s also all discoverable

    It’s an educational, action- and acronym-packed hour you don’t want to miss.
  • Anatomy of a Hack: Learning From Successful Law Firm Cyberattacks Recorded: Jul 18 2018 61 mins
    Jake Bernstein, Eli Wald, Kip Boyle
    Law firms are increasingly a high-value target for hackers, a “one stop shop” for sensitive data. And as dozen of examples show, the hackers are often successful. How do these cybercriminals infiltrate law firms and what can be done to prevent them?

    Join our panel of experts as they dissect the anatomy of a successful law firm cyberattack and explain how you can protect yourself, and your clients, from a similar fate.

    Attend this webinar to learn:
    -Why hackers are increasingly targeting legal professionals
    -What vulnerabilities make law firms easy prey for hackers
    -The ethical implications of law firm cybersecurity
    -How to protect yourself, your clients, and your data

    Featuring:
    - Jake Bernstein: An attorney with Newman Du Wors, Jake Bernstein’s practice focuses on counseling clients on cybersecurity issues. A former Washington State Assistant Attorney General and a frequent speaker and advisor on cybersecurity legal issues, Bernstein has significant experience with regulatory compliance, privacy, and cybersecurity law.

    - Eli Wald: A professor of legal ethics at the University of Denver’s Sturm College of Law, Eli Wald was one of the first academics to investigate the ethical implications of law firm cybersecurity. A frequent author and speaker on ethics and professional responsibility, his work has been cited in ABA ethics opinions and excerpted in legal ethics casebooks.

    - Kip Boyle: A 20-year information security expert and founder of Cyber Risk Opportunities, Kip Boyle advises global companies in the logistics, technology and financial services industries. He is a nationally recognized analyst, lecturer and thought-leader in cyber risks and has been featured in Entrepreneur magazine, Chief Executive magazine and others.
  • React, Redact, Respond: Using Modern Tech to Tame FOIA and Public Records Recorded: Jun 26 2018 57 mins
    David Billetdeaux, In-House Counsel, Port of Benton
    Government organizations have struggled in recent years to promptly respond to open records requests amid a surge in volume and general explosion in information. Now consider the increased public interest in government affairs created by the current political regime -- and the fact that it's an election year. What can forward-thinking but resource-strapped agencies do to keep pace with the avalanche of public records? Join David Billetdeaux, in-house counsel at the Port of Benton, for best practices around how to improve response throughput on a budget. This program is a must-attend for government attorneys, records officers, paralegals, and others tasked with navigating records response.
  • Judge Peck and the Adventure of the Missing 502(d) Order Recorded: Jun 26 2018 59 mins
    Judge Andrew J. Peck, Michael Simon
    It may be the greatest unsolved mystery in the legal practice: the case of the missing 502(d) order. These orders can act as a strong shield against the waiver of privilege or protection when information is inadvertently produced during litigation—providing much more protection than a clawback agreement alone.

    Yet observe the typical courtroom today and such orders will almost never be found. Why?

    Join Judge Andrew J. Peck as he discusses the potential benefits of 502(d) orders, why and how to use them, and why so many lawyers are failing to fully protect client information during litigation.

    About Judge Peck:

    Judge Andrew J. Peck has been a leading name in eDiscovery since 1995, when he was first appointed Magistrate Judge for the Southern District of New York. Just a few months after taking the bench, shortly after O.J. Simpson’s trial concluded and Windows 95 was released, Judge Peck issued a key eDiscovery opinion, ruling that companies must make electronic versions of their computerized data available during discovery.

    In the years that followed, Judge Peck penned several widely influential opinions, from the first opinion approving the use of predictive coding in Da Silva Moore v. Publicis Groupe to a recent warning to the bar over boilerplate discovery objections in Fischer v. Forrest. Judge Peck retired from the bench in March and now serves as senior counsel at DLA Piper.
  • 2018 Mid-Year Case Law Review Recorded: Jun 6 2018 64 mins
    Judge James C. Francis IV (Ret.), Gareth T. Evans, and Michael Simon
    We’re in the midst of a golden age of evidence, with rapid data growth, from electronic documents to emails to social media, creating an ever-expanding universe of information potentially relevant to litigation.

    Yet legal practitioners and courts are still grappling with the consequences of this massive growth in digital evidence. How can parties ensure that the time and expense dedicated to discovery is proportional to the needs of the case? How should judges deal with practitioners who fail to adapt their past discovery strategies to new federal rules? When and how should courts sanction practitioners whose failure or refusal to handle digital evidence properly impedes the administration of justice?

    Join a panel of experts, including celebrated U.S. Magistrate Judge James C. Francis IV (Ret.), as we examine these questions through a survey of the most important cases of 2018 so far.

    Presenters
    Hon. James C. Francis IV
    U.S. Magistrate Judge James C. Francis IV (Ret.) served in the Southern District of New York from 1985 to 2017 and as Chief Magistrate Judge from 1998 to 2000. With over more than 30 years on the bench, Judge Francis has seen discovery evolve from associates sifting through stacks of paper to sophisticated systems culling vast amounts of data. A widely recognized expert on eDiscovery, he has helped shape that evolution along the way.

    Gareth T. Evans
    Gareth Evans is a litigation partner at Gibson, Dunn & Crutcher LLP, with 25 years of experience at the firm, where he is one of the founders and co-chairs of Gibson Dunn’s Electronic Discovery Practice Group and is one of the lead authors and editors of Gibson Dunn’s highly acclaimed eDiscovery Year-End and Mid-Year Reports.

    Michael Simon
    Michael Simon is an attorney and consultant with over 15 years of experience in the eDiscovery industry. A self-described “nerd turned lawyer turned nerd,” he is Principal at Seventh Samurai and a frequent author and speaker on pressing eDiscovery issues.
  • Are You Missing Critical Evidence? eDiscovery Search Accuracy with Craig Ball Recorded: May 8 2018 64 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.

    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.

    An application requesting MCLE credit for this activity is pending for approval by the State Bar of California.
  • Virtual Law Firm Toolkit: A Guide to Building The Perfect Cloud-based Practice Recorded: Apr 25 2018 67 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
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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  • Live at: Dec 7 2017 7:00 pm
  • Presented by: Judge Frank Maas, Attorney Michael Simon and More
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