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LegalTech Highlights

Symantec presents eDiscovery Without Limits. Highlights from LegalTech 2013
LegalTech 2013 provided the perfect backdrop for Symantec to introduce eDiscovery Without Limits. Through the seamless integration of Enterprise Vault, Enterprise Vault.cloud, and Clearwell eDiscovery Platform, Symantec now offers customers a true best-in-class information governance solution.

How Good is Your Predictive Coding Poker Face?

Session Description
Predictive coding technology is a lot like the popular poker game, Texas Hold ‘em. Both can be risky and expensive if you don’t know what you’re doing. On one hand, good players understand what kind of information they need from their opponents to make informed decisions. On the other, bad players ignore fundamental concepts like statistics that are critical to avoiding big mistakes.
This session explored why predictive coding technology is perceived as the wild, wild west of today’s eDiscovery frontier and covered the following topics:
  • Should parties declare their use of predictive coding technology when going heads-up in meet-and-confer conferences?
  • When should you be required to show your discard pile to other players?
  • How do you know when your opponent is bluffing about statistics?
Panelists
Ralph C. Losey, Esq., Jackson Lewis, LPP
Maura R. Grossman, Esq., Counsel, Litigation, Wachtell, Lipton, Rosen & Katz
Craig Ball, Esq.
Moderator
Matt Nelson, Discovery Counsel, Symantec Corporation
Additional Resources
Watch Session Highlights
Predictive Coding Highlight Reels
  • Implications of Disclosure
  • Drivers of Adoption
  • Importance of Transparency
  • Concerns with Keyword Filtering
  • Reviewing Discard Sets
  • Validating Responsiveness

Protecting Your ESI Blindside: Why a “Defensible Deletion” Offense is the Best eDiscovery Defense

Session Description
Organizations are constantly struggling to contain the blitz of ESI assaulting their infrastructure. The headlines are filled with stories of companies being thrown for a loss by jury verdicts, court judgments and eDiscovery sanctions because they failed to reduce their data stockpiles. Given this backdrop, can an offensive strategy of “defensible deletion” realistically protect the ESI “blindside” of organizations?
Our session covered a variety of perspectives and whether companies should in fact dedicate the resources required for offensive, yet defensible, deletion of ESI. The discussion points included:
  • Is defensible deletion a workable strategy or is it simply unrealistic given the sometimes impracticable expectation of cooperative teamwork across the enterprise?
  • Does the judiciary care about defensible deletion and what do recent court cases suggest about implementing such a strategy
  • Is there measurable ROI in defensible deletion to justify acquisition of technologies needed to support such a strategy?
Panelists
Magistrate Judge Paul Singh Grewal, Northern District of California
Anne E. Kershaw, Esq., Founder, A.Kershaw, PC // Attorneys & Consultants
Eric Lieber, Director of Legal Technology at Toyota Motor Sales
Moderator
Philip Favro, Esq., Discovery Counsel, Symantec Corporation
Additional Resources
Watch Session Highlights
Defensible Deletion Highlight Reels
  • A Judicial Perspective
  • True Cost of a Discovery Disaster
  • Hypothetical Scenario

Facing the Cliff: Can Proportionality Avert the eDiscovery Crisis?

Session Description
Proportionality has been touted by industry cognoscenti as the bridge over the chasm of troubling eDiscovery disputes. Despite the hype, many doubt that proportionality can prevent courts, clients or counsel from plummeting into the abyss of spiraling costs and lengthy delays that often characterize discovery.
Our session covered the following questions:
  • Can predictive coding facilitate proportional discovery when lawyers are unwilling to share their training set of documents?
  • Should proportionality standards apply to the preservation of ESI to help address the high costs of retaining so much data?
  • Will the proportionality rule ever be used to rein in lawyers and judges that have distorted the standard of discovery from reasonableness to perfection?
Panelists
Hon. Frank Maas, United States Magistrate Judge, Southern District of New York
Shawn Cheadle, Esq., General Counsel, Military Space, Lockheed Martin Space Systems Co.
Ariana J. Tadler, Esq., Partner, Milberg LLP
Moderator
Philip Favro, Discovery Counsel, Symantec Corporation
Additional Resources
Watch Session Highlights
Proportionality Highlight Reels
  • Preparing to Confer
  • Failing to Cooperate
  • Advantages of Cooperation
  • Transparency Defined
  • Defensibility of Technology-Assisted Review
  • An Evolving Perspective

You’re Doing it Wrong! How to Avoid Discovery Sanctions Due to a Flawed Legal Hold Process

Session Description
With eDiscovery sanctions up more than 271 percent in recent years, it is critical for organizations of every size to implement an airtight legal hold process. Companies that rely on antiquated and overly manual practices that lack a holistic and scalable approach are outdated and inviting disaster.
This session shared best practices from practitioners on both sides of the “v.” to help attendees bolster the defensibility of their legal hold process in the face of intense judicial scrutiny. Topics included:
  • The basics in the legal hold process, from the trigger, through scoping, to communication and compliance
  • How possible amendments to the FRCP might change the balance of power in the preservation and legal hold landscape
  • The latest case law developments that impact communication methods, hold notices, culpability levels and more
Panelists
Bernard J. DiMuro, Esq., Managing Partner, DiMuroGinsberg
Ronni Solomon, Esq., Partner, King & Spalding
Raquel Tamez, Esq., Deputy General Counsel - Litigation/e-Discovery, CSC
Moderator
Allison Walton, Esq., Discovery Counsel, Symantec Corporation
Additional Resources
Watch Session Highlights
Legal Hold Highlight Reels
  • Training Best Practices
  • Limiting Preservation Sanctions
  • Managing International Legal Holds
  • Initiating the Duty to Preserve
  • Ensuring Appropriate Preservation
  • The Basics
  • Automating the Process
  • Identifying Relevant Custodians

eDiscovery in 3D: The New Generation of Early Case Assessment Techniques

Session Description
Early Case Assessment technologies and the benefits they bring for lawyers are innumerable. This is true with regard to locating relevant documents, scoping out key custodians for legal hold and data collection, discerning applicable date ranges and executing a cost projection for the litigation.
Traditional ECA capabilities are on the move as information governance technologies establish a stronger foothold in organizations and as technology enables lawyers to do more upfront.
This session explored different ECA approaches in the context of information governance. Specifically, the conversation focused on how classification and data loss prevention tools can enable organizations to be proactive about information management and develop a better understanding of their organizational data.
Panelists
Charlie Balot, CEO, Online Security
Susan Nickle, Esq., Wortzman Nickle Professional Corporation
Benjamin Wright Esq., Policy Counsel for Messaging Architects
Moderator
Allison Walton, Esq., Discovery Counsel, Symantec Corporation
Additional Resources
Watch Session Highlights
eDiscovery in 3D Highlight Reels
  • Underprepared and Overburdened
  • Strategizing for the Meet & Confer
  • What Happened to ECA?
  • Chasing Ghost Data
  • A Multidisciplinary Sport
  • Implementing Data Classification
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