eDiscovery Daily Blog

• January 30, 2018

Today is the start of Legaltech® New York (LTNY), and, for the eighth(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show.  Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.  If you’re in the New York area, I encourage you to check out the show – there are a number of sessions available and over 200 exhibitors providing information on their products and services, including our company, CloudNine at booth #533.

As always, we will be interviewing several industry thought leaders at the show to see what they think are the significant trends for 2018 and, which of those are evident at LTNY.  After the show, we will announce the series of thought leader interviews and identify when each will be published, so you can mark your calendars!

There are plenty of interesting sessions today.  Sessions in the main conference tracks include:

12:00 – 1:00 PM:

Don’t be a ‘Burden’: Arguments Around Proportionality

When it comes to managing discovery, companies are concentrating more than ever on how to manage and better control their ever increasing data consumption. Join us for an interactive discussion with corporate and legal professionals around how the new proportionality rules are being leveraged to create strong burden arguments to greatly decrease a company’s overall eDiscovery spend. This panel will discuss how to properly implement a workflow to be utilized for a large percentage of the company’s litigation profile as well as what makes a sound and convincing burden argument in the eyes of the Court.

Speakers to include: MODERATOR: Kenneth Koch, Principal, KPMG LLP; SPEAKERS: Ellen Blanchard, Managing Corporate Counsel – Discovery, T-Mobile; Rachael Lee Zichella, Partner, Taylor English Duma LLP; Robert Levy, Counsel, Civil Justice Reform and Law Technology, Exxon Mobil Corporation; Jennifer Kuchon, Esquire, Office of General Counsel, Ford Motor Company.

Strategies and Best Practices for Protecting Sensitive Data in Litigation and Regulatory Discovery

Organizations struggle to adequately protect their private and confidential information in the ordinary course of business. When sensitive data moves out of its usual business function, and into the realm of legal matters, the information risks escalate substantially.

This session will offer some successful strategies and best practices for attorneys and legal professionals to mitigate those risks. The panel will discuss setting expectations for law firms and other legal providers handling sensitive data; searching large data sets to effectively identify various types of sensitive information; establishing workflows that incorporate robust protections for sensitive data; and protecting information turned over to opposing parties and the court.

Speakers to include: MODERATOR: Laurey Harris, Vice President, Account Management, DiscoverReady; SPEAKERS: Julie Richer, Legal Operations & Discovery Manager at American Electric Power; Pamela Butler O’Brien, Deputy General Counsel at Stewart; Donald Knight, Vice President and Legal Technology Program Manager, PNC Bank; Allan Hsu, Director of eDiscovery, Fannie Mae; Michelle Briggs, eDiscovery Attorney and Senior Litigation Technology Manager, Goodwin Procter.

2:00 – 3:00 PM:

Investigating Investigations: Maximizing Efficiency, Minimizing Cost

Finding that ‘needle in a haystack’ during an investigation can prove to be a difficult and challenging task. However, today teams are able to leverage new and advanced workflows and technologies to maximize results while lowering costs. During this panel, we will discuss the ever increasing need to collect social networking and mobile data, how technology assisted review and active learning should be used for an effective investigation, and what new analytics tools and trends are being utilized in the market.

Speakers to include: MODERATOR: Manfred Gabriel, Principal, KPMG; SPEAKERS: Jacob Herstek, VP & Senior Legal Counsel, HSBC; Robert Keeling, Partner, Sidley Austin LLP; Kelly Donovan, Managing Director, KPMG; Seth Eichenholtz, Head of eDiscovery, Security Monitoring and Response, Mastercard.

Incorporating the Power of Technology into GDPR Compliance Programs

As its effective date looms, companies are scrambling to develop compliance programs that will satisfy the sweeping requirements of the EU’s General Data Protection Regulation (“GDPR”). In this program, a group of experienced legal technologists will explore how powerful technology and advanced analytics can enhance the effectiveness of GDPR compliance efforts.

First, the panel will outline the key legal requirements of the GDPR that drive compliance policy. Then they’ll explain how technology and analytics tools can help organizations implement those policies—by finding and mapping sources of protected personal data; tracking the collection, use, and disposition of personal data; analyzing vendor contracts for GDPR compliance issues; and implementing systems and processes to manage the rights of data subjects.

Speakers to include: MODERATOR: Matthew Nelson, Vice President, Data Liaison Services, AGC Privacy & Security, DiscoverReady; SPEAKERS: Phil Richards, Chief Technology Officer at DiscoverReady; Kenneth N. Rashbaum, Partner at Barton LLP; Anna Simpson, Technical Practice Lead and a Chief Architect for the Information Governance, Veritas; Theresa Beaumont, Legal Data Governance & Technology Expert, Groupe Beaumont.

3:15 – 4:15 PM:

The “Internet of Things” and Other Emerging Data Sources: Where Privacy, Proportionality, and Technology Intersect

“Smart home” devices . . . Blockchain . . . Personal “wearables” . . . Corporate IM and office “chat” . . . Graph databases . . . The variety and complexity of data sources potentially relevant to legal matters increases faster than lawyers can keep up with. So how can counsel come up to speed on these emerging data sources, and develop effective strategies for dealing with the information they contain? This panel of experts will address some of the challenges with emerging data sources, such as—

• Data privacy concerns: Are there limits on the use in legal matters of “Internet of Things” and other highly personal data stores? How do we mitigate the privacy risks of using this information in legal disputes?
• Proportionality assessments: How does counsel determine whether the burdens of collecting from these emerging data sources—or even just preserving them—are justified by the value of the information? How can in-house lawyers ensure that information governance policies and practices adequately address the legal impacts of these data sources?
• Technology and forensics: What are the technical difficulties associated with collecting these data? How have forensic techniques and best practices kept up with emerging data sources?

Speakers to include: MODERATOR: Maureen O’Neill, Senior Vice President, Discovery Strategy & Data Privacy/Security, DiscoverReady; SPEAKERS: Jason R. Baron, Of Counsel in the Information Governance and eDiscovery Group at Drinker Biddle & Reath LLP; Chris Sitter, Head of Global eDiscovery, Digital Forensics, and Incident Response Technology for Juniper Networks; Erin Avera, SVP, E-Discovery Operations at Bank of America; Jack Thompson, Sr. Manager eDiscovery & Legal Operations, Sanofi US; Richard Cheng, Investigator, Lending Club.

Interview with the Innovators

During this session we will interview three ILTA members leading the way with Innovation in their firms. Each panelist will answer questions posed from the interviewer about how they are affecting change in their firms, what they are focused on and what they see as the next “big thing” in legal innovation. The audience will have an opportunity to ask questions of the panelists.

Speakers to include: MODERATOR: Bob Ambrogi, Lawyer, Media & Technology Professional, Law Office of Robert J. Ambrogi; SPEAKERS: Dan Jansen, CEO and Managing Director at Nextlaw Ventures; Stephen Allen, Global Head Of Legal Services, Hogan Lovells; Scott Cohen, Managing Director, Winston & Strawn LLP.

5:00 – 6:00 PM:

Legaltech Keynote – Cyber Security Eats the World: Key Organizational Lessons for the New Normal

Business is under attack like never before from hackers, cyber criminals and advanced persistent threats. The cost and severity of the problem is escalating with new breaches seemingly announced daily and new kinds of attacks. WannaCry showed the impact of failing to update a seemingly banal set of patches. The statistics are alarming: DDoS attacks up 380% in the first quarter of 2017; the average cost of a data breach ticking upward $1M a year; cybercrime cost the global economy $450B total last year. Basic data security systems are no longer working and the tried-and-tested tools to protect the crown jewels don’t seem to be enough. Yet, 75% of respondents to an IBM/Ponemon survey did not have a formal cyber incident response plan. And 66% weren’t confident in their organizations’ ability to recover. It’s time to come to terms with the new normal and plan for the inevitable.

Discussion Topics Include:

• Update on why business is losing the arms race to get one step ahead of criminal cyber enterprise
• Insight on facing the need to build a truly comprehensive cyber incident response strategy
• Waking up to the new normal – tips to sleep at night during a breach response
• What happens when the cloud is hacked and the coming need for coordinated response plans

Speakers to include: KEYNOTE SPEAKER: Brian Krebs, Cyber Security Blogger on KrebsonSecurity.com, Former Reporter for The Washington Post; INTERVIEWED BY: Nicole Friedlander, Special Counsel, Sullivan & Cromwell LLP.

In addition to these, there are other eDiscovery-related sessions today.  For a complete description for all sessions today (and for the entire show, since they’re all on one page), click here.

So, what do you think?  Are you planning to attend LTNY this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.