Name: Important eDiscovery Case Law Decisions for August 2021
Start: 2021-08-18T17:00:00Z
End: 2021-08-18T18:04:41.000Z
Location: BrightTALK
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Community created global resources to improve eDiscovery, information governance, privacy, security and more.

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. This monthly series addresses relevant trending eDiscovery case law to help better inform you of best practices.

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

Important eDiscovery Case Law Decisions for April 2023

Organizations of all sizes are at constant risk of data breaches and security incidents that could disrupt business operations from a variety of malicious actors. Whether these risks come from insider threats, malware, or ransomware, corporate investigators and IT administrators need actionable intelligence to mitigate risks swiftly and efficiently.

According to the 2022 Cost of a Data Breach report from IBM, 83% of companies will be victim of a data breach. The global average cost of a data breach is $4.35 Million. 

Is your company properly equipped with an incident response plan to mitigate these threats and recover from incidents as quickly as possible?

Join Josh Barone, Senior Developer at Cellebrite Enterprise Solutions, as he showcases:
- How to first respond to a possible incident through the six step PICERL process
- How Endpoint Inspector can quickly gather sensitive and volatile data to identify what might be at risk 
- Possible incidents that could impact your organization
- How to triage an incident to help minimize disruption to your organization

 About the Presenter:
Joshua Barone, Senior Developer III at Cellebrite

Identifying and Triaging Security Risks in your Organization

Collecting what is needed from endpoints regardless of location, is critical in today’s hybrid working environment. Corporate investigators and eDiscovery practitioners need to easily create and define targeted collections from remote computers, remote mobile devices, and from supported cloud workplace applications like Office365, Google Workspace, Slack and Box.

Watch as Lisa Neyen, Lead Software Developer for Cellebrite Enterprise Solutions, demonstrates how Cellebrite’s Endpoint Inspector can collect and analyze data from endpoints and cloud workplace application data over an organization’s network to give you the critical insights surrounding sensitive issues like data being shared and exposed, litigation, or employee misconduct.

This webinar will highlight: 

• How to collect data from a custodian’s computer, mobile device, and Slack, validate it, and implement the process for the entire organization
• The end-to-end collection process in Endpoint Inspector to ensure you’re ready for review and have all the data you need

Collecting Custodian Data to Prepare for Review

In just eight short weeks, a new AI program called ChatGPT has captured the world’s imagination. From Silicon Valley to London, Tokyo, Sydney and beyond, millions of people have started asking ChatGPT to answer questions, write term papers and even create poems in Pirate Speak (Arrrgh). Lawyers have also jumped on board, asking ChatGPT to explain complex legal concepts, analyze contracts and even tag ediscovery documents. 

What is this new technology and how might it affect ediscovery professionals? Join us for a fascinating look at ChatGPT’s capabilities along with a candid discussion of its limitations. Learn about groundbreaking research suggesting that ChatGPT (actually its underlying algorithm called GPT) may not only help make ediscovery more efficient but actually replace ediscovery review teams altogether. Both time and cost savings could improve over human review by several orders of magnitude. 

ChatGPT has already passed a Wharton MBA test, a three-day national medical licensing certification and even a state bar. Should ediscovery lawyers be nervous about ChatGPT? Tune in and find out. 

Speakers:
John Tredennick is the CEO and founder of Merlin Search Technologies, a cloud technology company developing revolutionary new AI technology for large-scale document search. 
 
Dr. William Webber is the Chief Data Scientist of Merlin Search Technologies. He completed his PhD in Measurement in Information Retrieval Evaluation at the University of Melbourne under Professors Alistair Moffat and Justin Zobel, and his post-doctoral research at the E-Discovery Lab of the University of Maryland under Professor Doug Oard. With over 30 peer-reviewed scientific publications in the areas of information retrieval, statistical evaluation, and machine learning, he is a world expert in AI and statistical measurement for information retrieval and ediscovery.

ChatGPT: Should Ediscovery Lawyers be Nervous?

eDiscovery case law disputes “march” on! Our March 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including production of all calendar items and text messages, sanctions for supplemental production due to a vendor’s deduplication error, production of all search term results without review, sampling of purportedly privileged documents for in camera review, adverse inference sanctions for spoliation of text messages and sanctions for violation of a protective order!

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:

+ Production of All Calendar Items and Text Messages
+ Sanctions Over Vendor’s Deduplication Error
+ Production of All Search Term Results Without Review
+ Sampling of Purportedly Privileged Documents for In Camera Review
+ Adverse Inference Sanctions for Spoliation of Text Messages
+ Sanctions for Violation of a Protective Order
 
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

Important eDiscovery Case Law Decisions for March 2023

Our responsibilities as an industry for managing and utilizing data are changing. Data diversity and transformation, disparate databases and the need to access data across borders are all factors contributing to the changing face of data. Join us as we discuss the importance of a data management strategy, data organization, litigation preparedness, and the unique challenges associated with multi-national litigations and investigations. Highlighting the issues and strategies handling data across Canada and the US.

Session Highlights Include:
• The importance of managing data under an organization’s control
• What should be considered when creating a data strategy
• Cross-border issues between Canada and the US
• Supporting multi-national workflows
Expert Presenters:
Sean Lynch, B.A., J.D., LL.M.
Director, Client Strategy – Legal Services, Ricoh Canada

Jessica Lockett, Director, Review Services, Ricoh Canada

Mary Mack, CEO and Chief Legal Technologist, EDRM

A New Look at Old Data Strategies: Mgmt, Organization & CAN/US Border Readiness

You are invited to join EDRM’s Email Duplicate Identification Global Project Team as they share how they have solved the painful and oftentimes expensive process of duplicate identification across emails processed by multiple vendor platforms. This webinar will be held in multiple time zones over two days so everyone can participate.

During discovery, disclosure or an investigation, it is often useful to identify duplicate emails in data exchanged between parties. This can deliver many benefits, including the ability for legal teams to rapidly triage emails already reviewed that also reside in data received from others. While current approaches effectively identify email duplicates within native datasets processed by a single vendor, they do not enable duplicate identification across emails processed by multiple vendor platforms. Vendors use similar methods to detect email duplicates, but there are nuanced differences in their proprietary algorithms. 

Currently no means of cross platform email duplicate identification exists, except to reprocess the data using a single vendor platform, often expending significant time and cost. The EDRM Duplicate Email Identification project set out to develop a solution to cross platform email duplicate identification. Our solution is a simple, but effective approach which involves the use of the hash value of an email Message ID metadata field that we have named the EDRM Message Identification Hash (“MIH”). This new approach need not replace current vendor email deduplication methods, and will enable cross platform email duplicate identification. It is expected cross platform duplicate identification using the MIH will be applied to email data sets that have already been deduplicated using a vendor’s standard deduplication process.

Global Market Intro to EDRM's "CROSS PLATFORM EMAIL DUPLICATE IDENTIFICATION"

Since the dawn of the digital age, ediscovery vendors have charged for hosting the way landlords charge for rent: by the month. As with a rental home, you pay hosting fees for ediscovery sites even when you aren’t using them. The problem is worse for sites that need to remain online for months “just in case.” 

Modern cloud computing offers new options for ediscovery sites, ones that can provide greater security and save substantial amounts on hosting costs. Instead of running a site 24/7, turn it off when you aren’t using it. Sites can be spun back up in a matter of minutes, about the time it takes to get a cup of coffee. Charges are hourly rather than monthly.

Join our panel of lawyers and legal technologists to discover how Cloud Utility Pricing can dramatically reduce hosting costs, increase data security and help turn ediscovery green. Learn how you can save substantial amounts on hosting fees by running sites on a schedule, turning them on and off manually or have Merlin’s Cloud Energy Saver utility turn sites off automatically when not in use. 

Cloud Utility Pricing is the first Green Computing Initiative for ediscovery–in fact one of the first innovations in hosting costs since ediscovery began. Save as much as 70% on hosting services just by turning off the site. And do something good for the planet in the bargain.

With Expert Speakers:
John Tredennick: Founder and CEO of Merlin Search Technologies, former Founder and CEO of Catalyst Repository Systems, and former Litigation Partner at Holland & Hart. 
Dara Tarkowski: Founder and Litigation Partner at Actuate Law and CEO of Quointec, a technology subsidiary of the firm. 
David Greetham: Principal PC Forensics, former VP of Ricoh E-Discovery and inventor and developer of Remlox™, a forensic collection device used around the world. 
Kathy Hogy: Former VP of Legal Operations at FiServ and former senior paralegal at a national law firm, Kathy is currently VP Operations at Merlin Search Technologies.

Cloud Utility Pricing: Reduce Hosting Costs and Go Green in the Bargain

As investigations evolve and the amount of data involved increases, backlogs grow. For forensic investigators, finding specific and relevant evidence from that mass of data takes skill and experience. This webinar will teach you how to master and optimize the processing options by:

Using field mode to quickly triage
Turning off specific processing options
Using features, like new column sets in FTK rather than index search
Creating processing profiles that can be used again

Speaker: Dan Sumpter, Senior Instructor, Exterro

Work smarter, not harder: Optimize your system for faster forensic processing

GREAT SCOTT! Did you know publication of the NIST Cybersecurity Framework (CSF) 2.0 is around the corner? Last updated in 2018, NIST is making substantial changes to the CSF due to evolving threats. What are these changes? What do these changes mean for your sector and industry? What about organizations that already rolled out NIST CSF 1.1 programs? And last but not least, what action should your organization take today to prepare for NIST CSF 2.0 tomorrow? Join us for a journey into the future! ROADS? Where we’re going, we don’t need roads!  

Expert Presenters: 
Dr. Jack Dever, CEO Lockhaven Solutions and former Assistant General Counsel to the FBI   
James Dever, Esq., Principle, Lockhaven Solutions and former US Air Force Professor of Cyberwarfare

NIST CSF 2.0 – Back to the Future

Moderated by Mary Mack, CEO at EDRM with Experts: Tom Gricks, Managing Director, Professional Services at OpenText and Tracy Drynan,  Senior Consultant at OpenText

The use cases for eDiscovery workflows and technology have expanded far beyond traditional review for production in litigation-- from third-party subpoenas to data privacy requests (DSARs/SRRs), and data breach response and analysis to HSR Second requests.  While it is sensible to leverage trusted eDiscovery technology to speed review and lower costs and risks for new use cases, a one-size-fits-all review methodology is not applicable to every situation.   Optimizing review efficiency in every scenario requires thinking beyond traditional linear or technology-assisted review (TAR).  To ensure that the unique goals and constraints (time, cost, and risk) for each use case are met it is critical to apply the right technology, process, and people.  

Join industry expert Mary Mack, CEO and Chief Legal Technologist for EDRM as she moderates an interactive discussion with OpenText eDiscovery experts Tom Gricks and Tracy Drynan and discover how fresh approaches to review combined with robust and trusted technology will ensure that you optimize speed and outcome and lower costs and risks in every scenario.

In this webinar you will learn about:
• The trends impacting eDiscovery today and emerging use cases for eDiscovery technology;
• What factors to consider in conducting a three-dimensional analysis for different use cases; and
• Why new review methodologies such as Rapid Analytic Investigative Review (RAIR), used alone or in conjunction with more traditional review methodologies, will optimize outcomes in every situation.

Optimizing Document Review for Today’s Expanding Discovery Use Cases

Human history is defined by writing. “Prehistoric” literally means “before written records.” Throughout the centuries, people have recorded events, impressions, and beliefs using a variety of methods to affix images and symbols onto durable (if not permanent) media with the intention of communicating thoughts across time and distance. Ancient Egyptians scribbled shopping lists on pottery chards and memorialized international treaties on clay tablets. Mayans buried their aristocrats with amate. Mass-produced paper made the Song dynasty sing. A severe shortage of papyrus ushered in the European Dark Ages. Our concepts of culture and civilization are inextricably bound to our Records and Information Technology (RIM). 

Way back in the mid-20th Century, Marshall McLuhan observed that “the medium is the message,” and this is most apparent in the ways in which we’ve treated different forms of recorded communication – different media – as worthy of management or ephemeral, of having evidential value, of establishing legal claims or relationships, etc. 

However, in just our lifetimes, the basic concept of the “document” as a physical artifact has been upended, and we now have messages have no fixed physical embodiment and that change depending on the medium on which they are presented. This fundamentally challenges our way of thinking about the things we still call “documents” or “records,” from how we manage them to our laws of evidence.

Join eDiscovery pioneer, law librarian, and amateur historian Ken Withers of The Sedona Conference for fast-paced hour, placing today’s challenges – and recent legal developments – into 3,500 years of human history.

What is a “Document? RIM Technology from Egyptian Ostraca to Modern Attachments

February 14th is for lovers – of unique and interesting eDiscovery case law disputes! Our February 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including declaration of a deposition location as via Zoom, motion to compel disclosure of search terms, authentication of Wayback Machine evidence (again), possession, custody and control of vendor records, discovery of ESI from an “apex custodian” and adverse inference sanctions regarding ESI in Basecamp!

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:

+ Declaring a Deposition Location as “Via Zoom Video Conference”
+ Motion to Compel Disclosure of Search Terms
+ Authentication of Wayback Machine Evidence
+ Possession, Custody and Control of Vendor Records
+ Discovery of ESI from an “Apex Custodian”
+ Adverse Inference Sanctions Regarding Basecamp ESI
 
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

Important eDiscovery Case Law Decisions for February 2023

Beginning with eDiscovery sanctions leading to default on the merits, then trials on damages and later, ethics violations, the attorneys representing Alex Jones and Infowars opened a pandora’s box when, among other ethics violations, medical records from one case were given to attorneys in another case.  Join the Hon. Ron Hedges (ret.), David R. Cohen and Mary Mack as they review the charges and disposition in both Texas and Connecticut with practice pointers on how to produce more safely and to mitigate ethics challenges.

Ripped from the Headlines: Ethics Charges for Alex Jones’ Attorneys

EDRM has just introduced a brand new “Special Masters and Discovery Mediators Bench Book” with participation from many judges and special masters. We will provide a link to download the Bench book for attendees.
Expert presenters:
Jay Yelton, Counsel, Warner Norcross + Judd
Dr. Maura R. Grossman, Professor and E-Discovery Lawyer and Special Master, University of Waterloo
Hon. Kristen Mix, US Magistrate Judge, D. Colorado
Hon. Andrew Peck (ret.), Senior Counsel, DLA Piper
Hon. Iain D. Johnston, US District Judge - Northern District of Illinois
 
 Learn more about: 
1. The role of special masters and discovery mediators and how they are helpful to the court
 
2. Parties in litigation
 
3. The efficient administration of justice

The 411 on Special Masters and Discovery Mediators

"Join us for a unique and informative presentation on the basics of Chat GPT AI for e-discovery. Our star panelist, "The Dude" Chat GPT, a cutting-edge language model, will explain its capabilities and potential applications in the legal field. Ralph Losey, a human e-discovery expert, will serve as the moderator, guiding the discussion on how Chat GPT can assist in tasks such as document review and summarization, as well as its limitations and ethical considerations. This presentation is a must-attend for eDiscovery lawyers and techs, as well as anyone interested in the intersection of AI and the legal industry. Don't miss this opportunity to learn from Chat GPT itself!"

The Basics of Chat GPT AI for eDiscovery Lawyers and Technicians

Tune in to engage in a 30-minute interactive webinar-style discussion with renowned eDiscovery and data science experts from OpenText, Tom Gricks, Sr. Principal Consultant, Recon Investigations, and Dr. Jeremy Pickens, Chief Data Scientist, Conga. 

From the dangers of fixating on marginal costs when selecting an eDiscovery platform and the hard truths about portable TAR models to the merits of taking an investigative approach to document review, Tom and Jeremy will reveal the inconvenient truth: the good, the bad and the ugly in eDiscovery.  

A photomosaic reminds us that perspective is critical; an approach that is too myopic causes us to mistakenly believe we know what we are seeing, while losing sight of the true bigger picture. As Judge Francis discussed in his recent Report & Recommendation (In Re Diisocyanates Antitrust Litigation), however, a TAR validation requires consideration of the full picture. In this episode, we will look at the various independent components that comprise a TAR validation, and the various ways to piece together those components to build the entire, integrated validation picture.

Tom & Jeremy Show: Episode 8:   Photomosaics and the Bigger Picture

Disputes regarding discovery are hotter than ever!  Our August monthly webinar of cases covered by the eDiscovery Today blog discusses several unique disputes related to topics ranging from form of production disputes to ignoring non-party subpoenas to scope of discovery and search terms to dispute over terms of a 502(d) waiver of privilege order and more.

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:

+ Form of Production and Rule 34
+ Dispute Over Scope of Search Terms
+ Lack of Response to Rule 45 Subpoenas
+ Dispute Over Responding Party Responsibilities
+ Scope of Production for Plaintiffs in Multi District Litigation
+ Dispute Over Terms of a 502(d) Waiver of Privilege Order
 
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

Important eDiscovery Case Law Decisions for August 2021

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Important eDiscovery Case Law Decisions for August 2021

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