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Important eDiscovery Case Law Decisions for November 2020

Encore, encore! Last month’s case webinar was so terrific; we brought the band back together again! Our November monthly webinar of cases covered by the eDiscovery Today blog discusses several disputes over production of potentially responsive ESI and potential sanctions for failing to produce ESI.

Join Doug Austin, Editor of eDiscovery Today, Mary Mack, CEO of EDRM, Tom O’Connor, Director of Gulf Legal Technology Center, and Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper as they discuss important rulings that may impact how you conduct discovery in the future. Topics to be addressed include:

+ Third Party Subpoenas and Rule 45
+ Case Concessions to Avoid Producing Responsive ESI
+ Rule 37(e) vs. Inherent Authority in Sanctions Rulings

Expert Presenters:
Doug Austin, Editor, eDiscovery Today
Mary Mack, CEO and Chief Legal Technologist, EDRM
Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper
Tom O’Connor, Director, Gulf Legal Technology Center
Recorded Nov 19 2020 69 mins
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Presented by
Doug Austin, Hon. Judge Andrew Peck (ret.), Tom O'Connor & Mary Mack
Presentation preview: Important eDiscovery Case Law Decisions for November 2020
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  • Working From Home 2: The Sequel Dec 15 2020 6:00 pm UTC 75 mins
    Stephanie Clerkin, Brian Klunk & Mary Mack
    Many, many years ago, in April of 2020, Korein Tillery’s Stephanie Clerkin and Divergent Language Solutions’ Brian Klunk held webinars on the challenges of working from home, and offered tips and ideas on how to handle what they thought would be a few weeks of remote work. Here we are, nine months later, and the two have come together for a useful and amusing look at how their perspectives evolved.

    With the prospect of going back to the office full time seeming to be a goal for well into 2021 join EDRM’s Mary Mack as she moderates a discussion with Stephanie and Brian, exploring what working from home means as we approach the new year. Please feel free to offer your experiences and best practices via email info@edrm.net so we can include them in this conversation.


    Brian bio:
    Brian Klunk is Divergent Language Solutions’ Business Development Manager, responsible for new and existing accounts, and partnership development. Brian spent seven years with ALM media where he worked with legal media titles such as ‘The American Lawyer,’ ‘National Law Journal,’ and Law.com.

    Stephanie Clerkin bio:
    Stephanie is the Director of Litigation Support at Korein Tillery, one of the country’s leading plaintiffs’ complex-litigation firms, where she leverages over 14 years of experience in finance, consulting, and data analytics to manage massive litigation projects, as well as the firm’s e-Discovery platform. Working with all departments in the Firm, she understands how to bridge the gap between the legal teams and IT personnel to streamline discovery efforts and design cost-effective solutions for clients. She is responsible for the processing, analysis, review and production of numerous terabytes of ESI.

    Stephanie is a Certified e-Discovery Specialist and Relativity Expert.
  • The New Role E-Discovery Professionals Must Play Dec 9 2020 6:00 pm UTC 64 mins
    Thomas Mullane, Linda Luperchio, David Yerich & Mike Hamilton
    The role of e-discovery professionals or people involved in e-discovery looks very different these days than even just 10 years ago—having gone from a largely reactive, fire drill mentality to now playing a key role in defining proactive strategies that empower legal departments to showcase ROI and ensure smart defensibility.

    In this webcast, we will review how the modern e-discovery professional's role is changing based on new research results from a survey conducted by Today's General Counsel, Exterro and In The House.

    Register for this webcast and get:
    •Expert analysis on how e-discovery professionals must evolve amidst these uncertain times
    •Results from a recently released in-house e-discovery benchmarking report
    •Tips on how to be successful in today's modern e-discovery environment

    Expert Speakers:
    - Thomas Mullane, Raytheon Technologies
    - Linda Luperchio, Hanover Insurance Group
    - David Yerich, UnitedHealth Group
    - Mike Hamilton, Exterro
  • Simplified Review: Learn how to simplify your review workflows Dec 8 2020 6:00 pm UTC 75 mins
    Christina Ling and Isabela Reid
    Legal teams combat a variety of obstacles when it comes to conducting review, not to mention that working in a remote environment adds its own layer of complexity. Organizations are met with the pressure of sifting through vast data troves and reviewing them quickly and in context. Without a streamlined process, this can prove to take longer than originally anticipated and can cost organizations thousands of dollars.

    But – never fear! Everlaw offers a fresh take at both managing and conducting review. Whether you’re a first-pass reviewer or litigation support manager, Everlaw helps legal professionals save time and money.

    Join us for an in-depth look at Everlaw’s unique review capabilities and how workflows can be simplified. Everlaw helps organizations:
    •Upload and view all kinds of file types – ranging from spreadsheets to Slack and chat data on mobiles devices – in an intelligible format so that review can be conducted on a single, unified platform.
    •Easily build complex searches - no prior ediscovery software experience needed!
    •Ensure reviewers are meeting deadlines and track their progress.
    •Confidently redact privileged or confidential documents.

    Expert Presenters:

    Christina Ling
    Product Marketing Manager, Everlaw
    Christina Ling is a Product Marketing Manager at Everlaw. Prior to Everlaw, she worked on global product marketing projects for discovery and security solutions at OpenText. Additionally, Christina has consulted on litigation and investigation matters for Fortune 500 clients at Deloitte. She serves as a board member for the San Francisco chapter of ACEDS.

    Isabela Reid
    Product Marketing Manager, Everlaw
    Isabela Reid is a Product Marketing Manager at Everlaw. Before joining the marketing team at Everlaw, Isabela worked on the customer success team helping train, support, and onboard customers. Isabela is a graduate of UC Berkeley and previously worked at the Human Rights Center at Berkeley Law and ABC7 News in San Francisco.
  • Mediation & Arbitration in a Virtual World Nov 24 2020 6:00 pm UTC 75 mins
    Hon. Judge James Francis IV (ret.), Hon. Judge Ira Warshawsky (ret.) & Mary Mack, EDRM
    •"Emediation, is this for you?"
    Drastic budget cut backs in the court leaves many parties struggling with discovery conundrums without court assistance. Who do you call? The emediator.
    •When Does Remote Mean Disengaged?
    Some love it, and some hate it: the pros and cons of virtual mediation and arbitration
  • Important eDiscovery Case Law Decisions for November 2020 Recorded: Nov 19 2020 69 mins
    Doug Austin, Hon. Judge Andrew Peck (ret.), Tom O'Connor & Mary Mack
    Encore, encore! Last month’s case webinar was so terrific; we brought the band back together again! Our November monthly webinar of cases covered by the eDiscovery Today blog discusses several disputes over production of potentially responsive ESI and potential sanctions for failing to produce ESI.

    Join Doug Austin, Editor of eDiscovery Today, Mary Mack, CEO of EDRM, Tom O’Connor, Director of Gulf Legal Technology Center, and Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper as they discuss important rulings that may impact how you conduct discovery in the future. Topics to be addressed include:

    + Third Party Subpoenas and Rule 45
    + Case Concessions to Avoid Producing Responsive ESI
    + Rule 37(e) vs. Inherent Authority in Sanctions Rulings

    Expert Presenters:
    Doug Austin, Editor, eDiscovery Today
    Mary Mack, CEO and Chief Legal Technologist, EDRM
    Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper
    Tom O’Connor, Director, Gulf Legal Technology Center
  • 1, 2, 3 GO! Be a Rock Star with TAR Recorded: Nov 18 2020 60 mins
    Bill Dimm, Founder & CEO, Hot Neuron Gina Taranto, Director of Applied Sciences and Accelerated Learning Solutions, ProSearch
    The TAR landscape has drastically changed in the past few years.
    The debate has moved from whether to use any predictive coding methodology at all,
    to the question of which solution - TAR 1.0, 2.0, or 3.0 - should be used.
    In this informative webinar, two leading TAR experts explore:
    •The landscape of TAR options available to discovery practitioners
    •Practical tips for identifying the best TAR approach for any matter
    •Likely directions for TAR 3.0 and beyond.

    Featured Experts:
    Bill Dimm, Founder & CEO, Hot Neuron
    Gina Taranto, Director of Applied Sciences and Accelerated Learning Solutions, ProSearch
  • The New Role E-Discovery Professionals Must Play Recorded: Nov 10 2020 65 mins
    Thomas Mullane, Linda Luperchio, David Yerich & Mike Hamilton
    The role of e-discovery professionals or people involved in e-discovery looks very different these days than even just 10 years ago—having gone from a largely reactive, fire drill mentality to now playing a key role in defining proactive strategies that empower legal departments to showcase ROI and ensure smart defensibility.

    In this webcast, we will review how the modern e-discovery professional's role is changing based on new research results from a survey conducted by Today's General Counsel, Exterro and In The House.

    Register for this webcast and get:
    •Expert analysis on how e-discovery professionals must evolve amidst these uncertain times
    •Results from a recently released in-house e-discovery benchmarking report
    •Tips on how to be successful in today's modern e-discovery environment

    Expert Speakers:
    - Thomas Mullane, Raytheon Technologies
    - Linda Luperchio, Hanover Insurance Group
    - David Yerich, UnitedHealth Group
    - Mike Hamilton, Exterro
  • Emoji in the Workplace Recorded: Nov 10 2020 60 mins
    Matt Mahon, CEDS, IGP,
    The adoption of emoji in workplace communication continues to evolve while technology and usage increases. This session digs deeper into the most common emoji being used at work, who is using them, and in what context. Additionally, technology advancements for the collection, processing and review of emoji for investigations and litigation will be explored.

    Expert Presenter: Matt Mahon, CEDS, IGP

    Matt Mahon, CEDS, IGP, has 14-years’ experience with Ricoh supporting organizations with information governance and litigation support strategies including data remediation, litigation hold, preservation, collection, data processing, review, and production. As the National eDiscovery Sales Manager for Ricoh eDiscovery, Matt leads strategy and training for the sales team, and consults with clients, delivers CLE training, and is a frequent speaker and writer on eDiscovery issues. Matt earned his B.A. in Mathematics and Applied Sciences from UC San Diego and is a Certified as an eDiscovery Specialist and Information Governance Professional. Matt lectures widely on topics including IoT, the impact of emoji and social media in workplace communications, data governance, and eDiscovery.
  • Masterclass: Q3 2020 Legaltech Job Market Report Recorded: Nov 5 2020 63 mins
    Jared Coseglia, Mary Mack & Kaylee Walstad
    TRU Founder and CEO Jared Coseglia sits down with EDRM's Mary Mack and Kaylee Walstad to deliver an update on where the legal technology job markets are today as they adapt to the ongoing pandemic while keeping up with the ever-evolving legal tech landscape. Jared will break down what happened in Q3 in terms of job opening trends, compensation metrics, hiring behavioral patterns, and much more! We will, as always, take all your burning questions about the job market, but this quarter we will share some incredible statistics about legal ops, compliance, LPM, and other siloed legaltech jobs as they compare and contrast in demand to traditional e-Discovery roles.
  • The Cheapest Document to Review is the One You Don’t Review Recorded: Oct 20 2020 57 mins
    John Thacher, Director of eDiscovery Managed Review Services for Ricoh Legal
    Join Ricoh and review subject matter expert John Thacher us as we give you an insider’s guide to saving millions on document review. We’ll explore:

    -Why cost and quality are not diametrically opposed
    -How to use QA to review your reviewers
    -A “whole system” approach to review savings.

    Come with questions and we will help you understand the systems and workflows that will take the guesswork out of discovery.

    Expert Presenter John Thacher:

    John short bio:
    John Thacher is the Director of eDiscovery Managed Review Services for Ricoh Legal and has over 20 years experience
    in a variety of settings with some of the most innovative firms and vendors in the industry. He has managed more than 200 Review Projects with 6,500 employees. His experience includes projects in Healthcare, Insurance, Government Investigations, Banking, Bankruptcy and more.
    John is an expert in the streamlining of Managed Review Center solutions for Corporations, Firms and Vendors.
    John’s commitment to competence -based Managed Review systems repeatedly produces high performance teams leading directly to rapid organizational growth and improved client retention. He consistently delivers low cost and high quality solutions.
  • Important eDiscovery Case Law Decisions for October 2020 Recorded: Oct 15 2020 71 mins
    Doug Austin, Hon. Judge Andrew Peck (ret.), Tom O'Connor & Mary Mack
    "Judging" by these cases, it's going to be an interesting discussion! Our October monthly webinar of cases covered by the eDiscovery Today blog discusses key cases related to discovery about discovery, the efficacy of terminating sanctions, considerations for audio/video discovery and disputes regarding search terms and technology assisted review (TAR).

    Join Doug Austin, Editor of eDiscovery Today, Mary Mack, CEO of EDRM, Tom O’Connor, Director of Gulf Legal Technology Center, and special guest Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper as they discuss important rulings that may impact how you conduct discovery in the future. Topics to be addressed include:

    + Proportionality and Discovery about Discovery
    + Terminating Sanctions and Copyright Infringement
    + Discoverability of Audio/Video Files
    + More Disputes Regarding Search Terms
    + Technology Assisted Review and Cost Shifting

    Expert Presenters:
    Doug Austin, Editor, eDiscovery Today
    Mary Mack, CEO and Chief Legal Technologist, EDRM
    Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper
    Tom O’Connor, Director, Gulf Legal Technology Center
  • Practical, Proportional Privacy in Discovery Recorded: Oct 14 2020 59 mins
    Robert Keeling, Partner and Ray Mangum, Sr Litigation Associate of Sidley Austin
    Addressing Privacy Concerns in eDiscovery Under the Existing Proportionality Framework

    Robert Keeling, Partner and Ray Mangum, Sr Litigation Associate of Sidley Austin point to an emerging consensus of courts and commentators that privacy may—indeed, should—be considered as part of the proportionality analysis required under Rule 26(b)(1). Drawing from their recently published article, The Burden of Privacy, Robert and Ray offer some practical tips for litigators and eDiscovery professionals to consider as a consequence.
  • Bending the Continuum of the EDRM Timeline Recorded: Oct 8 2020 62 mins
    Tracy Drynan, senior consultant, OpenText Jonathan Maas, managing director, The Mass Consulting Group Juan Di Luca, Principal
    How global investigation strike teams hunt for information:

    Small elite teams deployed around the globe in internal, compliance and regulatory investigations, known as strike teams, are accelerating timelines and removing steps from the traditional EDRM order to find facts quickly for early case decision-making.
    The unique approaches adopted by strike teams—a laser focus on finding the facts that will tell the story, even when unknown at the outset—provides clients with the actionable intel to understand the potential risks, liability and case strengths early on.
    Register now to join prominent U.S. and U.K. investigation specialists in a discussion on how they have approached real-life investigations including price fixing claims, whistleblower allegations to pre-acquisition background assessments.
    Specific topics will include:
    -How traditional linear review protocols can obfuscate code words
    -Why an investigation review is dramatically different than an eDiscovery review
    -Tips on gaining rapid insight into your data and actionable intel to enable swift decision making
    If you’re unable to attend live, please register and we’ll notify you when the recording is available.

    Speakers:
    Tracy Drynan, senior consultant, OpenText
    Jonathan Maas, managing director, The Mass Consulting Group
    Juan Di Luca, Principal Head – Managed Review Services UK
  • Important eDiscovery Case Law Decisions for October 2020 Recorded: Oct 6 2020 72 mins
    Doug Austin, Hon. Judge Andrew Peck (ret.), Tom O'Connor & Mary Mack
    "Judging" by these cases, it's going to be an interesting discussion! Our October monthly webinar of cases covered by the eDiscovery Today blog discusses key cases related to discovery about discovery, the efficacy of terminating sanctions, considerations for audio/video discovery and disputes regarding search terms and technology assisted review (TAR).

    Join Doug Austin, Editor of eDiscovery Today, Mary Mack, CEO of EDRM, Tom O’Connor, Director of Gulf Legal Technology Center, and special guest Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper as they discuss important rulings that may impact how you conduct discovery in the future. Topics to be addressed include:

    + Proportionality and Discovery about Discovery
    + Terminating Sanctions and Copyright Infringement
    + Discoverability of Audio/Video Files
    + More Disputes Regarding Search Terms
    + Technology Assisted Review and Cost Shifting

    Expert Presenters:
    Doug Austin, Editor, eDiscovery Today
    Mary Mack, CEO and Chief Legal Technologist, EDRM
    Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper
    Tom O’Connor, Director, Gulf Legal Technology Center
  • Making Processes and Cost Predictable in an Age of Unpredictability Recorded: Sep 16 2020 60 mins
    Jennifer Bantelman, Jack Thompson, Constance Mockaitis, Florence Yee
    2020.09.16 - PREX Summit Series - EDRM

    Legal Departments have already undergone a massive shift in recent years with mandates to behave more like traditional business units. Now, with new regulations coming near constantly, additional privacy, security, compliance, and information governance responsibilities are being added rapidly. How do you take all of these new mandates and responsibilities and make sure they are done in a sustainable way for your business and staff, and ensure that everything gets done, on time, and on budget? This session will explore ways to increase your process efficiency, reduce costs and increase predictability, and cover core metrics to track.

    Expert Presenters:
    Jennifer Bantelman (moderator)
    Sr. Director, Solutions Engineering
    Zapproved

    Jennifer is a technologist focused on strategy, customer experience, workflow, process improvement, and product in the legal tech industry.

    Florence Yee
    VP & Corporate Counsel
    Enterprise Litigation Group
    Prudential Financial, Inc.

    Constance Mockaitis
    Associate Director
    eDiscovery Operations
    Abbvie

    Jack Thompson
    Assistant Director
    Global eDiscovery and Legal Operations at Sanofi
  • JOB SEARCH WORKSHOP: "How to Have Certainty in Uncertainty" Recorded: Sep 10 2020 60 mins
    Laureen Kautt & Mary Mack
    LegalTech Recruiter Laureen Kautt is joined by EDRM's CEO Mary Mack introducing the first in a series of workshops designed to help the global community seeking employment in a pandemic. New tools and a shift in mindset are needed to navigate the changing currents.
  • Special Masters in Litigation Recorded: Sep 9 2020 61 mins
    Maura Grossman, Hon. Ira Warshawsky, Hon. Frank Maas, Hon. Kristen L. Mix
    In January 2019, the ABA published a new set of guidelines concerning the use of special masters. Despite their contribution to "just, speedy and inexpensive" resolution of issues, the use of special masters remains an underutilized form of dispute resolution. Join this all-star panel as they explore the pros and cons and share their thoughts on best practices to maximize benefits while mitigating the potential downsides.

    Speakers
    Moderator:
    Maura R. Grossman
    Research Professor
    University of Waterloo
    Maura R. Grossman, J.D., Ph.D., is a Research Professor in the School of Computer Science at the University of Waterloo and an Adjunct Professor at Osgoode Hall Law School of York University, both in Ontario, Canada. She also is Principal at Maura Grossman Law, an eDiscovery law and consulting firm in Buffalo, N.Y.

    Hon. Frank Maas
    Mediator/Arbitrator/Special Master
    JAMS, Inc.
    Judge Maas is a United States Magistrate Judge for the Southern District of New York.

    Hon. Ira B. Warshawsky
    Of Counsel
    Meyer Suozzi
    Justice Ira B. Warshawsky, ret. is Of Counsel in the Litigation and Alternative Dispute Resolution practices at Meyer, Suozzi, English & Klein, P.C. in Garden City, Long Island, N.Y.

    Hon. Kristen L. Mix
    Magistrate Judge
    U.S. District Court, District of Colorado
    Kristen L. Mix graduated from Middlebury College, cum laude, with a degree in English. She obtained her J.D. from the University of Colorado School of Law and practiced law in Denver until 2007, when she was appointed to the federal bench. Magistrate Judge Mix's expertise prior to her appointment was in labor and employment law. Magistrate Judge Mix serves on the Judicial Conference of the United States' Committee on the Administration of the Magistrate Judge System and on the United States District Court for the District of Colorado's Local Rules Committee.
  • Masterclass: The Current and Future State of the Legal Technology Job Market Recorded: Sep 3 2020 63 mins
    Jared Coseglia, Mary Mack & Kaylee Walstad
    TRU Founder and CEO Jared Coseglia sits down with EDRM's Mary Mack and Kaylee Walstad to deliver an update on where the e-discovery, cybersecurity, and privacy job markets are today as they adapt to the ongoing pandemic while keeping up with the ever-evolving legal tech landscape. Jared will break down where the hiring is now and where it will be later in Q3 and into Q4, how legal tech pros can leverage certification and training to stay at the forefront of the industry in response to new questions about data management and protection, and the larger trends that will define the rest of 2020
  • Important eDiscovery Case Law Decisions for September 2020 Recorded: Sep 2 2020 65 mins
    Doug Austin, Tom O' Connor, Craig Ball & Mary Mack
    What we have here is a failure to cooperate! Our September monthly webinar of cases covered by the eDiscovery Today blog discusses key cases related to cooperation disputes, including disputes related to in camera review, boilerplate objections, forensic analysis and search terms.

    Join Doug Austin, Editor of eDiscovery Today, Mary Mack, CEO of EDRM, Craig Ball of Craig D. Ball, P.C. and Tom O’Connor, Director of Gulf Legal Technology Center as they discuss important rulings that may impact how you conduct discovery in the future. Topics to be addressed include:

    + Efficacy of Boilerplate Objections in 2020
    + How Courts Should Address Search Term Disputes
    + What Parties Should Do When Correcting Production Deficiencies
    + When Courts Should Conduct In Camera Review to Resolve Privilege Disputes
    + What Forensic Examiners Need to Discover for Potential Spoliation Sanctions

    Expert Presenters:
    Doug Austin, Editor, eDiscovery Today
    Mary Mack, CEO and Chief Legal Technologist, EDRM
    Craig Ball, President of Craig D. Ball, P.C.
    Tom O’Connor, Director, Gulf Legal Technology Center
  • Using AI-powered eDiscovery Tools for Rapid and Robust Document Reviews Recorded: Aug 26 2020 60 mins
    Juan Di Luca, Jason Brennan & Tom Megson
    As the volume of enterprise data has exploded, so too has the workload of the litigator. Lawyers now frequently face investigations where the data runs into the hundreds of Terabytes; sifting through these piles of documents to find what is relevant and uncover any smoking guns is time-consuming, costly, and fraught with the potential for human error.

    Join us for a discussion between Juan Di Luca, Founder and Operations Director at Data Analysis Services Ltd and Jason Brennan, CEO of Luminance, about how next-generation AI can offer a flexible, intelligent solution that ensures lawyers can quickly get to the heart of a matter, thoroughly examining all documents and ensuring no stone is left unturned.


    Speakers:

    Juan Di Luca, Founder and Operations Director at Data Analysis Services Ltd

    Juan is an international legal professional with experience in Latin America, the US and Europe.

    Jason Brennan, CEO, Luminance

    Jason is acting CEO of Luminance and responsible for overseeing Luminance’s operations and continued expansion across the United States and greater Americas region.

    Tom Megson, Legal Product Expert

    Having graduated with a degree in Politics, Philosophy & Economics from The University of Manchester. Tom is an experienced legal tech professional having joined Luminance in 2019.
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  • Title: Important eDiscovery Case Law Decisions for November 2020
  • Live at: Nov 19 2020 6:00 pm
  • Presented by: Doug Austin, Hon. Judge Andrew Peck (ret.), Tom O'Connor & Mary Mack
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