Podcast category: e-Discovery

Digital Detectives

E-Discovery Reflections from Retired Magistrate Judge John Facciola

John M. Facciola is a retired United States Magistrate Judge who formerly served in the United States District Court for the District of Columbia. He has authored over 700 opinions, many of them in e-discovery and in the impact of information technology upon Fourth Amendment principles. With an inside knowledge of how e-discovery directly affects lawyers and cases, he is highly qualified to discuss the significant technological shift occurring in the world of law.

On this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Facciola about why lawyers need to learn about e-discovery now, how we can integrate e-discovery training into law schools and ongoing legal education, and the importance of law firms investing in professional development and creativity.

Topics Include:

  • Embracing the future of legal technology to avoid falling behind
  • Clinicians, physicians, coders, and health records
  • Craig Ball and the the Electronic Discovery Training Academy
  • Discrete e-discovery courses, topic integration, or a bootcamp
  • Using wit and humor as a judge
  • Keeping up with the people you represent culturally and technologically
  • Creative financial models and being proactive in litigation
  • Cooperation and transparency in e-discovery

Judge John Facciola is a member of the Sedona Conference Advisory Board and has received the Sedona Conference’s Lifetime Achievement Award. He is also an Adjunct Professor of Law at Georgetown Law where he teaches Information Technology, Modern Litigation, and a course in Evidence.

Legal Toolkit

E-Discovery for Solo and Small Firm Lawyers

As e-discovery purveys more and more practices and practice areas, it becomes important for solo and small firm lawyers to at least have a cursory understanding of the process. Attorneys can be at a big disadvantage coming up against opposing counsel without the proper knowledge, workflow and tools for e-discovery. Since everyone today texts, emails, uses social media and other electronic forms of communication, almost every case involves electronically stored information (ESI) and therefore requires e-discovery. So where should small firm lawyers go to get caught up?

In this episode of The Legal Toolkit, Jared Correia interviews senior information technology manager Kyle Albert about what ESI is, how solo and small firms can manage e-discovery in-house, and, when outsourcing, what to expect from an e-discovery service provider. ESI is an industry term, Kyle explains, for any digital data including computer documents, emails, or even Facebook messages. Any lawyer researching or gathering electronic data is already doing e-discovery, but maybe not very well. Kyle suggests informative e-discovery blogs and videos, discusses in-house software and vendors, and recommends cost-lowering solutions for law using a service provider. Although many lawyers think that e-discovery is a big budget process that only the AMLaw 100 firms are doing, it’s actually a reality for almost every attorney today.

Kyle Albert is a managing partner at Fox Hound Information Management. He is a senior information technology manager with over 18 years of experience in ESI management, computer networking, mobile and web development, databases, service administration, end user support, and project management. At Fox Hound, Albert conducts forensic acquisition and preservation of ESI, manages document processing operations, and supports e-discovery document review, database administration, and data mining.

Robert Half Legal Report

eDiscovery Management, Part 2: Minimizing Social Media, Cloud Computing and Data Privacy Risks

Data privacy has been front page news in the wake of massive data breaches and a growing number of organizations are looking to their legal counsel to help them understand the intricacies and legal issues associated with data privacy – and effectively minimize risks. Join host Charles Volkert, executive director of Robert Half Legal, and leading experts, Frank Serge and Sunny Sanghani, as they discuss what law firms and legal departments are doing to minimize risk as it relates to social media, cloud computing and data privacy.

Robert Half Legal Report

eDiscovery Management, Part 1: Setting up Legal Teams for Success

As the amount of electronic data continues to proliferate, managing eDiscovery is increasingly challenging for law firms, their clients and corporate legal departments — and it’s unlikely to get any easier in the near future. In this podcast, host Charles Volkert, executive director of Robert Half Legal, and leading experts, Frank Serge and Sunny Sanghani, discuss current eDiscovery trends and share proven strategies to help set up legal teams for success.

Digital Detectives

Judge Andrew Peck on TAR (Technology-Assisted Review)

Many of our listeners will know the term Technology-Assisted Review (TAR) by it’s more common nickname, “predictive coding.” Lawyers and judges alike need to pay attention to TAR due to potential changes to the Federal Rules of Civil Procedure (FRCP) coming up in December 2015. And since almost all courts accept when lawyers utilize TAR for document review, it is important to keep up.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Andrew Peck, an expert in issues relating to electronic discovery. Together they discuss the current state of technology-assisted review, how FRCP amendments will affect the way lawyers do discovery, and best practices when using TAR. Judge Peck explains the origin of using “technology-assisted review” as terminology over “predictive coding” or “computer-assisted review.” He explains that training the TAR program effectively is important, but the technology has progressed to a point where TAR will be successful as long as the training is sufficient and the scope of the team is in line. Finally, since the predictive coding programs are very expensive he explains when a case is big enough to warrant its use. Stick around to the end for a tip on using Federal Rule of Evidence 502 in court.

Judge Andrew Peck was appointed as U.S. Magistrate Judge for the Southern District of New York in 1995 and served as Chief Magistrate Judge in 2004-2006. Judge Peck is a frequent lecturer on issues relating to electronic discovery and is a member of the Sedona Conference and the Sedona Conference Judicial Advisory Board. He was awarded the Champion of Technology Award for 2011 by Law Technology News.

ESI Report

2015 Trade Shows and Trends in E-Discovery

Gibson Dunn recently released its 2014 Year-End E-Discovery Update. There was a big focus in the last year on predictive coding solutions, social media, mobile devices, and the upcoming Federal Rules of Civil Procedure (FCRP) amendments. Spring is the time for new trade shows and conferences to discuss this year’s trends in the Discovery industry. Among these are the Jolt Symposium at the University of Richmond and Legaltech New York which both took place in February 2015. What are some of the biggest topics being discussed in technology and electronic discovery so far?

In this episode of The ESI Report, Michele Lange interviews two experts in the e-discovery field, Eric Robinson and James Sherer, about the main takeaways from the Jolt Symposium and Legaltech New York and how current trends could affect the day-to-day jobs of e-discovery professionals. At the Jolt Symposium, Sherer explains, there were discussions about social media implications, artificial intelligence and its application to current and future technology, and an increase in “bring your own device” policies within companies. Robinson attended Legaltech New York and thought the main topics in e-discovery to be predictive coding, maximizing current processes, and gaining efficiencies. Both experts believe the future of e-discovery brings a change in the “save everything” preservation mentality.

Eric Robinson is a solution architect for Kroll Ontrack. He has more than 20 years of experience in litigation, legal consulting, and project management and regularly advises clients on e-discovery matters in corporate audits, investigations, formal litigation and regulatory matters. He is an expert in large, complex, multi-party ediscovery projects and is a frequent speaker on ediscovery and legal technology.

James Sherer is counsel at BakerHostetler in New York City. He is a litigator with a focus on e-discovery, data privacy, data security, and information governance matters. With an eye on new technologies, he stays abreast of the changing industry and how it can affect his clients’ businesses, as well as his own practice of law. Utilizing his litigation experience, as well as his graduate degree and time spent in-house, Sherer provides his clients with comprehensive and confident representation. Sherer is also the co-chair of BakerHostetler’s Information Governance Team.

Special thanks to our sponsor, Kroll Ontrack.

ESI Report

Predictive Coding: Recall Calculations to the Rescue

In 2015, astute ediscovery practitioners are looking for ways to take predictive coding to new heights using recall calculations. Ralph Losey, a leader in the e-discovery and predictive coding field, has devised a new approach to recall and precision accuracy measurement. What is this formula and how is it more effective than previous systems?

In this episode of The ESI Report, Michele Lange interviews Ralph Losey about ei-Recall, a calculation he formulated for measuring the recall of electronic discovery processes. In a very comprehensible interview, Losey explains what recall and precision are in the e-discovery field and shows some of the limitations within current discovery reviews. He then discusses how ei-Recall can be a more simple, realistic, and accurate system for review, because it calculates the recall as a range, only requires one sample, and is an easily-understandable process.

Ralph Losey serves as head of the National E-Discovery Counsel and litigation support in the Orlando office of Jackson Lewis P.C. He is also a writer, researcher, and educator in the field of electronic discovery and legal search. Ralph is the founder of the Electronic Discovery Best Practices group, the developer of an online legal training course in ediscovery, and principle author and publisher of the e-DiscoveryTeam.com blog.

Special thanks to our sponsor, Kroll Ontrack.

The Florida Bar Podcast

Florida Bar Winter Meeting: Craig Ball on Electronic Evidence Challenges

Legal Talk Network Producer Laurence Colletti interviews electronic evidence expert Craig Ball at the 2015 Winter Meeting of The Florida Bar. Ball discusses the limitations of electronic search tools and how lawyers need to move past the delusion of the right keywords yielding perfect results. He summarizes his 2015 Solo and Small Firm Conference presentation about the proper use of PowerPoint presentations, a field in which lawyers still struggle. A certified trial lawyer, Craig Ball limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery.

Digital Detectives

The Government’s Dark Data: A Decade of Discovery

Joe Looby recently released his documentary The Decade of Discovery about the United States versus Philip Morris tobacco lawsuit in the early 2000s and email e-discovery issues. The film also discusses the emergence of the Sedona Conference as a think tank and forum for discussion about cooperation in e-discovery. Many prominent federal judges were interviewed about the issues with open government and record keeping. Also in the documentary, Jason R. Baron, Esq. talks about open government, record keeping at the White House, and how the e-discovery issues played out in the lawsuit. We are beginning to wonder, in this world of big data, how are we dealing with information governance, specifically within issues of open government and data security?

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Jason Baron about information governance, dark data, open government, and his role in The Decade of Discovery. Baron talks about the increasing amount of electronic data affecting the Freedom of Information Act (FOIA) and the discussion e-discovery experts need to have about providing public access to government records. There is a mandate, he explains, that after 2019, all federal agencies must provide all of their permanent records to the archives in electronic or digital form. Because of this, systems and sophisticated softwares will be required to properly filter and provide access to the data. Baron also discusses information governance as a whole, including privacy, security, discovery, and management, and the need for a Chief Information Governance Officer (CIGO) going into the future. He concludes by praising Richard Braman, a leader in the e-discovery industry, for founding the Sedona Conference and creating the Cooperation Proclamation.

Jason R. Baron, Esq. serves as Of Counsel at Drinker Biddle Reath LLP in their Information Governance and eDiscovery Group in Washington DC. He is Co-Chair of the Information Governance Initiative, is currently Chair-elect of the DC Bar Litigation Section E-Discovery Committee, and is an adjunct faculty member at the University of Maryland. His 34 years of public service include serving as a trial lawyer and senior counsel at the US Department of Justice and as the first Director of Litigation at the US National Archives and Records Administration. An internationally recognized speaker and writer on the subject of electronic records, Mr. Baron has been recognized by The American Lawyer magazine as a “trailblazer” in e-discovery in its August 2013 issue of “The Top 50 Big Law Innovators of the Past 50 Years.” He was the 2013 recipient of the Federal Bar Association’s Justice Tom C. Clark Outstanding Government Lawyer award.

New Solo

Legal Research Tools and Tips

Ed Walters started as a lawyer in a big law firm in Washington D.C. In the late 1990’s, he was approached by a client asking him to research a relatively new legal issue without using LexisNexis or WestLaw, as they were trying to reduce online legal research costs. His inability to do this set off a chain of events leading him to create the company Fastcase. His story begs the question, are lawyers simply paying too much for online legal research sources? What are some ways particularly solo and small firm attorneys can reduce research overheads in their practice? And when is it necessary to pay for LexisNexis or WestLaw?

In this episode of New Solo, Adriana Linares interviews Ed Walters about his experience starting Fastcase, how it interacts with the bigger legal research companies and smaller startups, and the right steps for solo practitioners to take in choosing an online research source. Linares and Walters begin by discussing the differences between a free resource like Google Scholar, a mid-range company like Fastcase, and a larger company like LexisNexis. If an attorney has a boutique practice and needs treatises or specialized databases, Walters says, they will need a big online research company. Otherwise, the lawyer might be paying too much. He urges practitioners to check their local bar, state bar, and other associations or organizations for member benefits that often include research and even practice management tools. There are three startup companies that Walters encourages lawyers to research: Casetext, which focuses on crowdsourcing, Ravel Law, which uses data visualization, and Judicata, which uses semantic analysis to find relationships based on meanings. He encourages all lawyers, but especially those in small firms, to research different options and find the one that fits their practice best.

Ed Walters is the CEO and co-founder of Fastcase, an online legal research software company based in Washington D.C. Before founding Fastcase, Ed worked at Covington & Burling where his practice focused on corporate advisory work for software companies and sports leagues, and intellectual property litigation. He has written for The Washington Post, The New York Times, The University of Chicago Law Review, The Green Bag, and Legal Times, and has spoken extensively on legal publishing around the country. He is an adjunct professor of law at the Georgetown University Law Center, where he teaches The Law of Robots.

Special thanks to our sponsor, Solo Practice University.

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