The Joy of eDiscovery

AGENDA

The two-day conference is centered squarely around practical education for matters that range from small to large and is perfect for lawyers and legal professionals of all levels. Spread over two full days (mornings and afternoons if you’re in the U.S.), it’ll be a combination of several short talks, panel discussions with live Q&A, and product videos.

Live or On-Demand

All sessions will be recorded and available for you to watch in your own time. To ensure content is as accessible as possible we will have close captioning during the event and pre-recorded content will be captioned as well.

The timings of the sessions are shown in EST (U.S. time). Please note the schedule is subject to changes as we finalize the line-up.

 

 

Day 1
Wednesday, March 23rd
Day 2
Thursday, March 24th

9:45 – 10:00
Introduction and Welcome

A few words of welcome and an introduction to the conference theme.

  • William Hamilton, Senior Legal Skills Professor at the University of Florida Levin College of Law
  • Laura Rosenbury, Dean and Levin, Mabie, and Levin Professor of Law at the University of Florida Levin College of Law
  • George Socha, Senior Vice President of Brand Awareness at Reveal
10:00 – 10:50
Practical Takeaways from Case Law

2021 saw more than 4000 decisions in ediscovery, a record since the Federal Rules of Civil Procedure were amended in 2003. So how do we digest all those decisions?  By creating a list of practical takeaways from court rulings that you can use to better refine your practice and work in ediscovery. We’ll touch on ESI protocols, whether hyperlinks should be treated as attachments, what transparency really means, how to navigate negotiating search terms and several more practical notions that courts are espousing and you need to put into practice.

11:00 – 11:50
ESI Protocols: To Have or Not to Have

For years there has been a big push for parties to come to agreement on key discovery-related issues and enter into ESI Protocols to manage expectations among the parties and hopefully avoid burdening busy courts. This panel will consider the extent to which ESI Protocols are actually accomplishing these goals. Do ESI Protocols drive efficiency in the discovery process, reduce disputes or the need for judicial intervention? This panel of renowned, experienced professionals will address the elements of an ESI Protocol, outline advantages and disadvantages of ESI Protocols including their recommendations on must have topics in an ESI Protocol and provide real world examples of where ESI Protocols have and have not “worked” to achieve the stated goals.

11:50 – 1:00
Time for a Break

Time for a break. Grab a bite to eat and a drink (hot, cold, long or short) and sit down to watch our short product and service video demos. Now is also a great time to catch on emails or take a walk. We’ll be back in 70 minutes.

1:00 – 1:50
E-Discovery Nuts & Bolts

An attendee favorite, this session consists of five fast-paced presentations on various topics ranging from trends and professional development to E-Discovery basics.

Learn about the key findings from eDiscovery Today’s 2022 State of the Industry Report (SOTIR), sponsored by EDRM. The 2022 SOTIR report includes results regarding key trends based on the 281 legal industry professionals surveyed (analyzed by corporate, law firm, service/software provider and consultancy respondents) and observations from 29 industry thought leaders regarding these trends. Doug will present findings from the report and what they could mean for your eDiscovery practice.

Think Outside the Box! This fun, fast-paced presentation will help you understand and get you comfortable with the words precision and recall. Never worry again that you cannot “talk the talk” or “walk the walk” of measuring search validity.

  • William Hamilton, Senior Legal Skills Professor at the University of Florida Levin College of Law

Entering the legal and legal technology job market during the pandemic comes with an array of new challenges and opportunities driven by the abnormality of the current workforce climate. This presentation will unpack what has changed irrevocably because of Covid when searching for jobs or hiring staff, how job seekers can maneuver the job market skillfully and take advantage of the current circumstances, what pitfalls to look out for, and what uniqueness the eDiscovery and data privacy job markets hold for new entrees at the attorney and staff level.

The mystifying journey of one law school grad – the journey and transition – student, outside counsel, in-house lawyer and the path to the electronic discovery business. This session will cover the idea of seeking an alternative legal career directly after law school and the transition. You will learn about the Consilio Internship Program, as well as the various opportunities that await you post law school and during your legal career. This topic will benefit not only the law student, but any lawyer looking to make a move. We will dive as deep as we can into tips, advice and guidance that Mr. Himmelbaum has learned over his 21 year career in the legal industry.

 

2:00 – 2:50
How to Master Proportionality: Real-World Paths through the Discovery Jungle

Federal Rule 26(b)(1) and state equivalents require the court to limit the frequency or extent of discovery that is not proportional to the case. Achieving workable proportionality can be elusive because it entails multi-factored economic and legal analysis on a case by case basis. If the lawyers cannot agree, the judge uses information provided by the parties and considers the evidence in light of the factors in the rule to fashion a case-specific determination of the appropriate scope of discovery. What does that mean for you? In this session, two seasoned lawyers, a top legal technologist, and a federal magistrate judge explain how to make proportionality work for you and your client. The panel will discuss practical strategies for keeping the judge and client happy while getting the discovery needed to win your case and keeping opposing discovery to economically manageable levels. Resources and checklists will be provided to participants in a Proportionality Toolkit.

3:00 – 3:50
AI and Analytical E-Discovery Tools: New Opportunities

AI and analytical tools are fundamentally changing how we conduct eDiscovery. They can make hard-to-evaluate content easy to access, help you find important patterns in data that you otherwise might never have learned about, and – if you are likely – change the time to insight from weeks to minutes. Join our panel as we discuss the array of options available today and techniques and strategies for making effective use of them.

  • Martha Louks, Director of Technology Services at McDermott, Will & Emery
  • Joy Murao, Founder and CEO of Practice Aligned Resources LLC
  • Farrah Pepper, Chief Legal Innovation Counsel at Marsh McLennan
  • Michelle Six, Partner at Kirkland & Ellis LLP
  • George Socha, Senior Vice President of Brand Awareness at Reveal (Moderator)
4:00 – 5:00
The Annual Judicial Panel

We continue the annual conference tradition of The Judicial Panel with a new twist. Although we are honored to welcome back distinguished Florida jurists, we are pleased to have judges from around the nation join us to discuss important issues in e-discovery and related areas of data law. The panel will discuss case law and legislation affecting you, your practice, your data, and your family.

5:00 – 5:15
Outro for Day One

A few words from Professor Hamilton about tomorrow and the rest of The Conference.

 

 

9:00 – 9:15
Day 2 Welcome

A few words from our host on the day ahead.

  • William Hamilton, Senior Legal Skills Professor at the University of Florida Levin College of Law
9:15 – 10:00
Transformation and Joy in eDiscovery

For our keynote fireside chat, join Amy Sellars and George Socha for a lively discussion about the transformative power eDiscovery professionals can bring to the larger legal community and the value that finding joy in eDiscovery can bring to you and your colleagues.

  • Amy Sellars, Legal Chief of Staff and Director of Legal Operations at SunPower Corporation
  • George Socha, Senior Vice President of Brand Awareness at Reveal
10:00 – 10:50
People, Process and Technology: Building a Better Review Team

The data explosion is still ongoing. It’s not just volume that is the continuing challenge, but we are also dealing with constantly changing and growing technology and sources. What’s an ESI lawyer to do? This panel will review the strategies, processes and technology to build a better team and accelerate your review, while keeping an eye on accuracy, speed and defensibility.

11:00 – 11:50
The E-Discovery Professionals Toolkit on Power Searching

Learning how to cull data in an efficient, defensible manner can make a huge difference in your cases – both on budgets and substantively. This panel will discuss the most cutting edge processes, strategies, and technology for searching both common and not so common data sources. They will also help you answer the question – hammer or scalpel? Which is more appropriate in your case?

11:50 – 1:00
Time for a Break

Time for a break. Grab a bite to eat and a drink (hot, cold, long or short) and sit down to watch our short product and service video demos. Now is also a great time to catch on emails or take a walk. We’ll be back in 70 minutes.

1:00 – 1:50
Data Privacy, Data Protection, and Recovering from a Breach

Data privacy is (or should be) a concern for every legal team, and—whether you’re a law firm, major corporation, or small business—as the saying goes, it’s not a question of if you’ll sustain a data breach, but when? What will you do? Join us for a session where we’ll discuss the applicable law, statistical data, and practical realities of data privacy and data protection, and illustrate these topics with a case study: a Capital One data breach, and the steps Capital One took to recover from the breach.

2:00 – 2:50
Internal Investigations: Getting to What’s Really Important Quickly

Internal investigations — whether triggered by whistleblower complaints, anticipated litigation, or routine compliance — require effectiveness, speed, and surety. The investigation’s goal is to drill quickly to the important materials and key information, not to review every relevant artifact of electronically stored information. Deploying a toolkit that quickly analyses items like entities, communications, images, and sentiment along with machine learning and search can help you effectively target your investigation and expose potential liabilities – or be sure there’s nothing to report on. Join this panel of distinguished practitioners and experts to learn the methods, tools, and techniques necessary to get your investigation to the heart of things quickly.

  • C. Matthew Detzel, Partner at Holland and Knight, LLP
  • Jay Leib, Chief Strategy & Innovation Officer at Reveal
  • Ilan Sherr, Executive Director / Legal Director at Aiscension / DLA Piper
  • Jeanne Soma, Chief Legal Office and Head of Managed Review at Lineal Services
  • William Hamilton, Senior Legal Skills Professor at the University of Florida Levin College of Law (Moderator)
3:00 – 3:50
Structured Data and IOT

Leaders in law and legal technologies will share their real-life challenges, tips, and solutions leveraging existing and new technologies to utilize the important and often case determinative data of the Internet of Things through these four short presentations.

ESI is everywhere! From a routine intersectional collision to the UPC code on your Pop-Tarts, digital artifacts tell compelling human stories about us all as we live our lives tracked and telemetered more closely than astronauts.

The building design and construction fields are rapidly changing as new technologies are implemented to perform tasks and to assist performance. Managing e-Discovery in design and construction cases requires keeping up with new and evolving technology and the language bridging the legal and the technical sides of securing information from a variety of data sources. Lawyers must familiarize themselves with the culture of creating, storing, and sharing information in the various entities involved in a given project or dispute as well as the many different sources of data, such as BIM, project management software, drone data, augmented reality devices, robotic devices, hand held devices, messaging platforms, wearable technologies, sensors, photographs and videos. This presentation will provide practical tips for requesting and gathering data in construction cases.

Electronic Health Records (EHR’s) persist as one of the most widespread but complex electronic discovery items that confront practitioners. Their collection, production, and use is governed by a sophisticated overlay of federal regulatory frameworks  (the HITEC Act, the Patient Safety Quality Improvement Act, HIPAA, the CIOX decision, etc.)  Discovering the content available in EHR’s requires keen insight into the information sources found in the healthcare environment, as well as the audit trail functionality contained in most every EHR platform. This presentation and its materials will survey the landscape of EHR discovery, provide important practice tips, and prepare practitioners for the most recent regulatory changes taking effect.

As the world goes digital, so does evidence. And the fastest growing body of evidence is “structured data.” Often postponed or ignored in discovery, this can be efficient, material, and even dispositive. In 15 minutes (or less) learn about structured data, why it’s important, and why you might one day have a “zero email” case.

  • Dan Regard, Founder & CEO of iDiscovery Solutions
3:50 – 4:00
Outro for Conference

A few words from Professor Hamilton about the highlights from The Conference and the next UF Law E-Discovery Conference activities.