This document contains summaries of key points from a presentation on lawyer competency in eDiscovery. It discusses:
- The need for lawyers to develop technological competence in eDiscovery and embrace 21st century tools to handle electronic evidence cost-effectively.
- Current law regarding the preservation and production of electronically stored information (ESI) in discovery, including mobile device data, cloud data, and acceptable search methodologies.
- How lawyers must safeguard client confidences, prevent unauthorized disclosures, and protect privilege over attorney work product and communications, given the risks posed by technologies.
- Affirmative duties of counsel in eDiscovery, such as assessing a client's information governance practices and ensuring an effective
“Who’s Afraid of E-Discovery” was presented by George E. Pallas and Jason Copley from the Law Firm of Cohen Seglias Pallas Greenhall & Fuman PC for the members of the Mid-Atlantic Steel Fabricators Association.
DDS Security: A Security Model Suitable for Net-Centric for Pub-Sub and Data ...Gerardo Pardo-Castellote
This presentation introduces recent research in developing a security model and approach that maps the commonly accepted security concepts (autentication, non-repudiation, confidentiality), security policies (role-based access control, mandatory access control) and technologies (Public and Private Key Encription, Certificates and Certificate Authorities, TSL/SSL) into a cohesive whole applicable to data-centric publish-subscribe systems in general and to systems designed using the OMG Data-Distribution Service in particular.
Partners Dan Altman and Mauricio Uribe gave an informative presentation of strategic considerations regarding non-disclosure agreements and confidentiality
policies. They provided insights related to key terms in non-disclosure agreements and best practices for negotiating non-disclosure agreements.
“Who’s Afraid of E-Discovery” was presented by George E. Pallas and Jason Copley from the Law Firm of Cohen Seglias Pallas Greenhall & Fuman PC for the members of the Mid-Atlantic Steel Fabricators Association.
DDS Security: A Security Model Suitable for Net-Centric for Pub-Sub and Data ...Gerardo Pardo-Castellote
This presentation introduces recent research in developing a security model and approach that maps the commonly accepted security concepts (autentication, non-repudiation, confidentiality), security policies (role-based access control, mandatory access control) and technologies (Public and Private Key Encription, Certificates and Certificate Authorities, TSL/SSL) into a cohesive whole applicable to data-centric publish-subscribe systems in general and to systems designed using the OMG Data-Distribution Service in particular.
Partners Dan Altman and Mauricio Uribe gave an informative presentation of strategic considerations regarding non-disclosure agreements and confidentiality
policies. They provided insights related to key terms in non-disclosure agreements and best practices for negotiating non-disclosure agreements.
Partners Dan Altman and Mauricio Uribe gave an informative presentation of strategic considerations regarding non-disclosure agreements and confidentiality
policies. They provided insights related to key terms in non-disclosure agreements and best practices for negotiating non-disclosure agreements.
Partners Dan Altman and Mauricio Uribe gave an informative presentation of strategic considerations regarding non-disclosure agreements and confidentiality policies. They provided insights related to key terms in non-disclosure agreements and best practices for negotiating non-disclosure agreements. The presentation was summarized in Japanese by Patent Scientist, Tomo Fujiwara.
Speakers: Dan Altman, Mauricio Uribe, Tomo Fujiwara
Partners Mauricio Uribe and Vikas Bhargava gave an informative presentation on understanding and protecting distributed ledger technology. The partners provided insights and practical tips related to distributed ledger technology.
Speakers: Mauricio Uribe, Vikas Bhargava
Over the past few years, PCI compliance in the public cloud has been a growing topic of concern and interest. Like us, you probably have heard assertions from both sides of the topic - some stating that one can be a PCI compliant merchant using public IaaS cloud, others stating that it is impossible. Join us in this webinar as our Director of Security and Compliance, Phil Cox, addresses these concerns and demonstrates how PCI compliance in the public IaaS cloud is indeed possible.
In this webinar we’ll discuss:
- Foundational principles and mindsets for PCI compliance
- How to determine system/application scope and requirement applicability
- Top-level PCI DSS (Data Security Standard) requirements and how to meet them in the public IaaS cloud
This webinar is perfect for those who are searching for solid answers on security in the public cloud. Our goal with this webinar is to educate you with the information you need to have confidence and make the most of your public cloud, while dispelling any myths surrounding the topic of security and the public cloud.
Building a High Value Patent Portfolio: Where Strength Meets QualityErik Oliver
Join Gene Quinn, patent attorney and founder of IPWatchdog.com and Erik Reeves, Founder of AcclaimIP and CTO of Anaqua, and Kent Richardson for a free webinar discussion on building a portfolio versus buying patents, identifying gaps in your patent coverage, and unlocking the secrets of your own patent portfolio to identify needs.
Attorneys Agnes Juang, Arsen Kourinian and, Mauricio Uribe hosted a virtual discussion interactive webinar regarding strategic considerations for data privacy, security and IP due diligence
Design and implementation of a privacy preserved off premises cloud storagesarfraznawaz
Despite several cost-effective and flexible characteristics of cloud computing, some clients are reluctant to adopt this paradigm due to emerging security and privacy concerns. Organization such as Healthcare and Payment Card Industry where confidentiality of information is a vital act, are not assertive to trust the security techniques and privacy policies offered by cloud service providers. Malicious attackers have violated the cloud storages to steal, view, manipulate and tamper client's data. Attacks on cloud storages are extremely challenging to detect and mitigate. In order to formulate privacy preserved cloud storage, in this research paper, we propose an improved technique that consists of five contributions such as Resilient role-based access control mechanism, Partial homomorphic cryptography, metadata generation and sound steganography, Efficient third-party auditing service, Data backup and recovery process. We implemented these components using Java Enterprise Edition with Glassfish Server. Finally we evaluated our proposed technique by penetration testing and the results showed that client’s data is intact and protected from malicious attackers.
The term cloud is often used but widely misunderstood. The cloud comes in different shapes and sizes. The three most common cloud service models are Infrastructure as a Service (e.g. data storage), Platform as a Service (e.g. web servers, operating system) and Software as a Service (e.g. applications, software, web email).
These three service structures can be deployed in four different ways: public cloud, private cloud, community cloud, or hybrid cloud.
Technology Assisted Review (TAR): Opening, Exploring and Bringing Transparen...Daegis
It’s time to set the record straight on technology assisted review (TAR). Some people object to what they mistakenly believe is the “black box” nature of the technology, while others are hesitant to adopt an approach that they perceive as novel. This panel will dispel the myths, clarify the definitions, and shed light on the so-called “black box” of technology assisted review.
Some audience members may be surprised to learn that technology assisted review is nothing new. Search and clustering technology, for example, have been commonplace for many years. The phrase "technology assisted review" simply refers to a more efficient use of people, process, and technology that is the next evolutionary step in electronic discovery. As with other legal technologies, human expertise and a proven workflow are the keys to success. This panel will clearly explain what technology assisted review is all about and how it can be used as a tool in your practice so that you can make an informed decision about adopting it in your organization
The Information Technology have led us into an era where the production, sharing and use of information are now part of everyday life and of which we are often unaware actors almost: it is now almost inevitable not leave a digital trail of many of the actions we do every day; for example, by digital content such as photos, videos, blog posts and everything that revolves around the social networks (Facebook and Twitter in particular). Added to this is that with the "internet of things", we see an increase in devices such as watches, bracelets, thermostats and many other items that are able to connect to the network and therefore generate large data streams. This explosion of data justifies the birth, in the world of the term Big Data: it indicates the data produced in large quantities, with remarkable speed and in different formats, which requires processing technologies and resources that go far beyond the conventional systems management and storage of data. It is immediately clear that, 1) models of data storage based on the relational model, and 2) processing systems based on stored procedures and computations on grids are not applicable in these contexts. As regards the point 1, the RDBMS, widely used for a great variety of applications, have some problems when the amount of data grows beyond certain limits. The scalability and cost of implementation are only a part of the disadvantages: very often, in fact, when there is opposite to the management of big data, also the variability, or the lack of a fixed structure, represents a significant problem. This has given a boost to the development of the NoSQL database. The website NoSQL Databases defines NoSQL databases such as "Next Generation Databases mostly addressing some of the points: being non-relational, distributed, open source and horizontally scalable." These databases are: distributed, open source, scalable horizontally, without a predetermined pattern (key-value, column-oriented, document-based and graph-based), easily replicable, devoid of the ACID and can handle large amounts of data. These databases are integrated or integrated with processing tools based on the MapReduce paradigm proposed by Google in 2009. MapReduce with the open source Hadoop framework represent the new model for distributed processing of large amounts of data that goes to supplant techniques based on stored procedures and computational grids (step 2). The relational model taught courses in basic database design, has many limitations compared to the demands posed by new applications based on Big Data and NoSQL databases that use to store data and MapReduce to process large amounts of data.
Course Website http://pbdmng.datatoknowledge.it/
Contact me for other informations and to download the slides
Partners Dan Altman and Mauricio Uribe gave an informative presentation of strategic considerations regarding non-disclosure agreements and confidentiality
policies. They provided insights related to key terms in non-disclosure agreements and best practices for negotiating non-disclosure agreements.
Partners Dan Altman and Mauricio Uribe gave an informative presentation of strategic considerations regarding non-disclosure agreements and confidentiality policies. They provided insights related to key terms in non-disclosure agreements and best practices for negotiating non-disclosure agreements. The presentation was summarized in Japanese by Patent Scientist, Tomo Fujiwara.
Speakers: Dan Altman, Mauricio Uribe, Tomo Fujiwara
Partners Mauricio Uribe and Vikas Bhargava gave an informative presentation on understanding and protecting distributed ledger technology. The partners provided insights and practical tips related to distributed ledger technology.
Speakers: Mauricio Uribe, Vikas Bhargava
Over the past few years, PCI compliance in the public cloud has been a growing topic of concern and interest. Like us, you probably have heard assertions from both sides of the topic - some stating that one can be a PCI compliant merchant using public IaaS cloud, others stating that it is impossible. Join us in this webinar as our Director of Security and Compliance, Phil Cox, addresses these concerns and demonstrates how PCI compliance in the public IaaS cloud is indeed possible.
In this webinar we’ll discuss:
- Foundational principles and mindsets for PCI compliance
- How to determine system/application scope and requirement applicability
- Top-level PCI DSS (Data Security Standard) requirements and how to meet them in the public IaaS cloud
This webinar is perfect for those who are searching for solid answers on security in the public cloud. Our goal with this webinar is to educate you with the information you need to have confidence and make the most of your public cloud, while dispelling any myths surrounding the topic of security and the public cloud.
Building a High Value Patent Portfolio: Where Strength Meets QualityErik Oliver
Join Gene Quinn, patent attorney and founder of IPWatchdog.com and Erik Reeves, Founder of AcclaimIP and CTO of Anaqua, and Kent Richardson for a free webinar discussion on building a portfolio versus buying patents, identifying gaps in your patent coverage, and unlocking the secrets of your own patent portfolio to identify needs.
Attorneys Agnes Juang, Arsen Kourinian and, Mauricio Uribe hosted a virtual discussion interactive webinar regarding strategic considerations for data privacy, security and IP due diligence
Design and implementation of a privacy preserved off premises cloud storagesarfraznawaz
Despite several cost-effective and flexible characteristics of cloud computing, some clients are reluctant to adopt this paradigm due to emerging security and privacy concerns. Organization such as Healthcare and Payment Card Industry where confidentiality of information is a vital act, are not assertive to trust the security techniques and privacy policies offered by cloud service providers. Malicious attackers have violated the cloud storages to steal, view, manipulate and tamper client's data. Attacks on cloud storages are extremely challenging to detect and mitigate. In order to formulate privacy preserved cloud storage, in this research paper, we propose an improved technique that consists of five contributions such as Resilient role-based access control mechanism, Partial homomorphic cryptography, metadata generation and sound steganography, Efficient third-party auditing service, Data backup and recovery process. We implemented these components using Java Enterprise Edition with Glassfish Server. Finally we evaluated our proposed technique by penetration testing and the results showed that client’s data is intact and protected from malicious attackers.
The term cloud is often used but widely misunderstood. The cloud comes in different shapes and sizes. The three most common cloud service models are Infrastructure as a Service (e.g. data storage), Platform as a Service (e.g. web servers, operating system) and Software as a Service (e.g. applications, software, web email).
These three service structures can be deployed in four different ways: public cloud, private cloud, community cloud, or hybrid cloud.
Technology Assisted Review (TAR): Opening, Exploring and Bringing Transparen...Daegis
It’s time to set the record straight on technology assisted review (TAR). Some people object to what they mistakenly believe is the “black box” nature of the technology, while others are hesitant to adopt an approach that they perceive as novel. This panel will dispel the myths, clarify the definitions, and shed light on the so-called “black box” of technology assisted review.
Some audience members may be surprised to learn that technology assisted review is nothing new. Search and clustering technology, for example, have been commonplace for many years. The phrase "technology assisted review" simply refers to a more efficient use of people, process, and technology that is the next evolutionary step in electronic discovery. As with other legal technologies, human expertise and a proven workflow are the keys to success. This panel will clearly explain what technology assisted review is all about and how it can be used as a tool in your practice so that you can make an informed decision about adopting it in your organization
The Information Technology have led us into an era where the production, sharing and use of information are now part of everyday life and of which we are often unaware actors almost: it is now almost inevitable not leave a digital trail of many of the actions we do every day; for example, by digital content such as photos, videos, blog posts and everything that revolves around the social networks (Facebook and Twitter in particular). Added to this is that with the "internet of things", we see an increase in devices such as watches, bracelets, thermostats and many other items that are able to connect to the network and therefore generate large data streams. This explosion of data justifies the birth, in the world of the term Big Data: it indicates the data produced in large quantities, with remarkable speed and in different formats, which requires processing technologies and resources that go far beyond the conventional systems management and storage of data. It is immediately clear that, 1) models of data storage based on the relational model, and 2) processing systems based on stored procedures and computations on grids are not applicable in these contexts. As regards the point 1, the RDBMS, widely used for a great variety of applications, have some problems when the amount of data grows beyond certain limits. The scalability and cost of implementation are only a part of the disadvantages: very often, in fact, when there is opposite to the management of big data, also the variability, or the lack of a fixed structure, represents a significant problem. This has given a boost to the development of the NoSQL database. The website NoSQL Databases defines NoSQL databases such as "Next Generation Databases mostly addressing some of the points: being non-relational, distributed, open source and horizontally scalable." These databases are: distributed, open source, scalable horizontally, without a predetermined pattern (key-value, column-oriented, document-based and graph-based), easily replicable, devoid of the ACID and can handle large amounts of data. These databases are integrated or integrated with processing tools based on the MapReduce paradigm proposed by Google in 2009. MapReduce with the open source Hadoop framework represent the new model for distributed processing of large amounts of data that goes to supplant techniques based on stored procedures and computational grids (step 2). The relational model taught courses in basic database design, has many limitations compared to the demands posed by new applications based on Big Data and NoSQL databases that use to store data and MapReduce to process large amounts of data.
Course Website http://pbdmng.datatoknowledge.it/
Contact me for other informations and to download the slides
You're losing money, and don't even know it: How to maximize your law firm ga...CaseGhost
Ken LaVan, President of Case Ghost® delivers a content packed webinar teaching Social Security law firms and advocacy groups about building a practice that is efficient, scalable and profitable.
Topics include:
Outsourcing
Setting Goals
Unmanaged Growth Phases
Expenses
Employees
Payroll and Productivity
Identifying Large Impacts on bottom line
Advertising and more
Peter Imse and Kevin O'Shea's Ethics CLE as part of NH First American Title's Real Estate Seminar (Thursday, May 10, 2018 at Manchester Country Club, Bedford)
Don't be a robot: You can't automate your ethical considerationsNehal Madhani
Technology--especially given its exponential growth--allows attorneys to streamline their practices and automate previously manual aspects of their legal work. While technology can save attorneys time and allow them to focus their attention on more substantive tasks, attorneys are often leary of its ethical pitfalls.
This presentation addresses attorneys’ technological options and obligations and explains how to successfully incorporate technology into your legal practice.
OCBA Cloud 9: Cloud Computing and Ethics for Florida AttorneysDaniel Whitehouse
Presentation given to Orange County Bar Association members in February 2014. Discusses Florida Ethics Opinion 12-3, real-world examples of ethical pitfalls Florida attorneys could face, and how to avoid those pitfalls.
Is your law firm technologically competent?
As the practice of law evolves—and as modern technology becomes ever more prevalent in society—legal professionals have an ever-increasing responsibility to be technologically competent.
It’s vital—and, in the majority of U.S. states, it is now an ethical duty—for lawyers to understand the benefits and risks that technology poses for themselves, their law firms, and their clients.
Join Bob Ambrogi, lawyer and founder of the LawSites blog, and Joshua Lenon, Clio’s Lawyer in Residence, to hear their expert perspective on this deeply important topic.
In this CLE-eligible webinar, you’ll learn:
What it means to be tech competent, and why it’s so important
Strategies for developing technological competence in your practice
How legal tech software and resources make it easier than ever for lawyers to keep up with the times
https://landing.clio.com/understanding-legal-technology-competence.html
Do You Wannacry: Your Ethical and Legal Duties Regarding Cybersecurity & PrivacyButlerRubin
Butler Rubin Partner, Dan Cotter discusses in detail the changes to the Model Rules of Professional Conduct that impact lawyers and their obligations to understand technology and safeguard against inadvertent data breaches.
Defining a Legal Strategy ... The Value in Early Case AssessmentAubrey Owens
Early Case Assessment provides the framework for litigators to identify and analyze electronically stored information in response to a litigation hold and.or discovery request.
Presentation to the Texas Bar CLE program on Contract Drafting, Review and Negotiation on December 5, 2017 in Austin, Texas, by Cybersecurity & Data Privacy Attorney Shawn Tuma, on October 19, 2017. For more information visit www.businesscyberrisk.com
Surviving Technology 2009 & The ParalegalAubrey Owens
Talking technology with Paralegal Studies Students at J. Sargent Reynolds Community College on February 25, 2009. Using Software as a Solution for information mangament through trial presentation.
If you're a legal or security professional, the looming General Data Protection Regulation, or GDPR, is likely causing your blood pressure to rise. Expected to impose strict limitations on organizations that do business in the European Union, or otherwise collect the data of European citizens, the regulation is said to raise the stakes for privacy compliance as well as for transcontinental discovery. Organizations that don't meet its standards by May 2018 will be the subject of potentially business-rattling sanctions.
Protecting Against Petya: Ransomware and the Future of Law Firm Cybersecurity Logikcull.com
In June, a massive cyberattack brought down one of the country's biggest law firms. DLA Piper, its systems ravaged by the Petya ransomware program, was forced to shut down its phones service, email, and internal computer network--potentially costing millions in lost income. Weeks later, the firm was still digging itself out.
Such attacks are increasingly an existential threat to firms of all sizes: the difference between being billing and nothingness. Join us as we discuss this urgent issue.
Join Logikcull and a panel of experts for lessons and best practices to be learned from the most important eDiscovery cases -- and debacles -- of the year. Seven cases will be featured. Come for the hardcore precedence. Stay for the surprise bonus lessons. Michael Simon and Timothy Lohse will host.
Logikcull Webinar: Preventing the #1 Litigation Risk Logikcull.com
Security experts have a favorite saying: data is most vulnerable when it's in motion. Discovery, unfortunately, is a process of motion, where information and documents are shared between client, counsel, third-party service providers and opposing parties. Often, this data is exchanged on physical media (i.e. hard drives, DVDs) or through insecure methods like unencyrpted email. It's a risky, time-consuming and expensive process.
And with ShareSafe from Logikcull, it has been eliminated.
Logikcull webcast 'Discovery Malpractice Is At Your Doorstep'Logikcull.com
From privilege waivers to data breach, the threat of legal malpractice related to discovery and data handling is real and, despite relative silence on the issue, pervasive. Smart litigators who have a firm grasp of their discovery obligations can protect themselves, their practices, and their clients.
2. ACEDS Membership Benefits
Training, Resources and Networking for the
E-Discovery Community
Exclusive News and Analysis
Weekly Web Seminars
Podcasts
On-Demand Training
Networking
Resources
Jobs Board & Career Center
bits + bytes Newsletter
CEDS Certification
And Much More!
“ACEDS provides an excellent, much needed forum to train, network and stay current on critical
information.”
Kimarie Stratos, General Counsel, Memorial Health Systems, Ft. Lauderdale
Join Today! aceds.org/join
4. Recommind Proprietary & Confidential
Speakers
Hon. Patrick Walsh
U.S. Magistrate Judge
Central District of CA
Philip Favro
Senior Discovery Counsel
Recommind, Inc.
Craig Ball
Attorney & Forensic
Technologist
Craig D. Ball P.C.
5. Recommind Proprietary & Confidential
Agenda
1
2
3
4
5
The Need for Technological Competence in eDiscovery
The Law in 2014 on the Preservation and Production of ESI
Safeguarding Client Confidences, Attorney Work Product, and the
Lawyer-Client Privilege
Affirmative Duties of Counsel in eDiscovery
Resources / Q & A
6. The Need for Technological
Competence in eDiscovery
Recommind Proprietary & Confidential
7. The eDiscovery Competency Landscape in 2014
“The landscape of litigation has forever
changed, and there is no going back to
a paper-centric world. Too many
lawyers are like farriers after the advent
of the automobile, grossly--even
stubbornly--unprepared to deal with
electronic evidence.”
Craig Ball, Ten Things that Trouble Judges about e-Discovery, EDDE J., Autumn 2010, at 2
Recommind Proprietary & Confidential
8. 20th-Century Methods Won’t Satisfy 21st-Century Challenges
“The biggest problem I see with
electronic discovery is that lawyers are
using 20th-century technology—that is,
obtaining all of the documents,
organizing them in folders, and trying to
read and digest them—to address 21st-century
Recommind Proprietary & Confidential
production.”
Patrick Walsh, Rethinking Civil Litigation in Federal District Court, 40 Litig. 6, 7 (2013)
9. eDiscovery Competency Requires Lawyers to Understand
Technology and to Consider Alternative Methods
“Practitioners need to embrace
21st-century technology and trust
that it will provide them with the
best chance of obtaining the most
critical information at the lowest
cost.”
Patrick Walsh, Rethinking Civil Litigation in Federal District Court, 40 Litig. 6, 7 (2013).
See also MODEL RULES OF PROF’L CONDUCT R. 1.1 cmt. 8 (2013)
Recommind Proprietary & Confidential
10. The Law in 2014 on the
Preservation and Production
of ESI
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11. The Current Law on Preservation and Production in Discovery
• The duty to preserve “includes an obligation
to identify, locate, and maintain, information
that is relevant to specific, predictable, and
identifiable litigation.”
• “Parties may obtain discovery regarding any
nonprivileged matter that is relevant to any
party’s claim or defense . . . subject to the
limitations imposed by Rule 26(b)(2)(C).”
FED. R. CIV. P. 26(b)(1); Apple v. Samsung, 881 F. Supp. 2d 1132, 1136-37 (N.D. Cal. 2012)
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12. What Potentially Relevant Information Must Be Preserved & Produced?
• Mobile Device Data
• Cloud Stored ESI
• Social Network Materials
• Email
• Unstructured Data
• Legacy Data
• Database ESI
• Paper Documents
• Backup Tapes
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13. Preservation & Production of Relevant Mobile Device Data
“Every one of the custodians were asked
the explicit question do they use these
devices for personal use — for work-related
use, and they disavowed it, some
multiple times. . . . several high priority
custodians [later confirmed though] that
they used their personal mobile devices
for work-related purposes.”
Small v. University Medical Center of Southern Nevada., Case No. 2:13-cv-00298-
APG-PAL, *25 (D. Nev. Aug. 18, 2014)
Recommind Proprietary & Confidential
14. Preservation & Production of Relevant Cloud Stored Data
“Tellermate knew from the outset that its
termination of the Browns was premised on
their allegedly inadequate sales performance,
making the performance of other sales
managers or representatives crucial evidence
in the case . . . . it should have been obvious
from the outset that failing to preserve the
integrity of [the salesforce.com] information
would threaten the fairness of the judicial
proceedings.”
Brown v. Tellermate Holdings Ltd., Case No. 2:11-cv-1122 (S.D. Ohio July 1, 2014)
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15. Regardless of Data Type, Overly Broad Requests are Improper
“Plaintiffs argue they are entitled to
inspect and image the cell phones of the
individual defendants under the broad
scope of discovery . . . the Court finds that
the request as framed is overly broad and
too intrusive for this stage of discovery.”
Bakhit v. Safety Markings, Inc., No. 3:13-CV-1049 (JCH) (D. Conn., June 23, 2014)
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16. What Search Methodologies are Acceptable in Discovery?
Manual review, keywords, visualization, concept
search, data clustering, predictive coding, etc. may be
employed so long as productions made with these
methodologies satisfy the discovery touchstones of:
• Relevance
• Proportionality
• Reasonableness
Fed. R. Civ. P. 26(b)(1); 26(b)(2)(3); 26(g)(1); Victor Stanley, Inc. v. Creative
Pipe, Inc., 269 F.R.D. 497 (D. Md. 2010)
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18. Preserving Client Confidences and Secrets
It is the duty of an attorney to . . .
maintain inviolate the confidence,
and at every peril to himself or
herself to preserve the secrets, of
his or her client.
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Cal Bus & Prof Code § 6068(e)(1)
19. Preventing Unauthorized Disclosures
(c) A lawyer shall make
reasonable efforts to
prevent the inadvertent or
unauthorized disclosure of,
or unauthorized access to,
information relating to the
representation of a client.
When transmitting a
communication that includes
information relating to the
representation of a client, the
lawyer must take reasonable
precautions to prevent the
information from coming into
the hands of unintended
recipients.
MODEL RULES OF PROF’L CONDUCT R. 1.6 MODEL RULES OF PROF’L CONDUCT R. 1.6, cmt. 19
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20. No Obligation to Disclose Non-Responsive Documents
“The Steering Committee wants the
whole seed set Biomet used for the
algorithm's initial training. That
request reaches well beyond the
scope of any permissible discovery
by seeking irrelevant or privileged
documents used to tell the
algorithm what not to find.”
In re Biomet M2a Magnum Hip Implant Products Liability Litig. (Biomet II),
No. 3:12-MD-2391, (N.D. Ind. Apr. 18, 2013)
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21. The Attorney Work Product Doctrine
• “Ordinarily, a party may not discover
documents and tangible things that are
prepared in anticipation of litigation or for
trial by or for another party or its
representative.”
• “[Courts] must protect against disclosure
of the mental impressions, conclusions,
opinions, or legal theories of a party's
attorney or other representative
concerning the litigation.”
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FED. R. CIV. P. 26(b)(3)
22. Seed Sets and other Document Compilations May Reflect a
Lawyer’s Conclusions, Opinions, & Legal Theories
“In cases that involve reams of documents and
extensive document discovery, the selection and
compilation of documents is often more crucial
than legal research. . . . We believe [counsel’s]
selective review of [her clients’] numerous
documents was based on her professional
judgment of the issues and defenses involved in
this case.”
Shelton v. American Motors Corp., 805 F.2d 1323, 1329 (8th Cir. 1986)
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23. Basic Elements of the Lawyer-Client Privilege
• A confidential communication
• Between the client and the lawyer
• Made for the purpose of obtaining
a legal opinion or advice
Recommind Proprietary & Confidential
24. Text and Social Media Messages Generally Lack Confidentiality
• Text and social media messages –
including ostensibly private messages –
may be accessed and monitored by third
parties under the governing terms of
service
• “[I]f you have an idea or information that
you would like to keep confidential . . . do
not post it to any LinkedIn Group, into
your Network Updates, or elsewhere on
LinkedIn.”
Inviting Scrutiny: How Technologies
are Eroding the Attorney-Client
Privilege, 20 Rich. J.L. & Tech. 2 (2014)
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25. Cloud Providers May Lack Confidentiality
• Providers of cloud computing services often have
access and monitoring rights to a company’s cloud
hosted data
• Those rights may extend to third party companies
that analyze customer data to help improve the
provider’s level of service
• Memorialized in service level agreements, those
rights may very well destroy the confidentiality
required to keep counsel’s discussions privileged
Inviting Scrutiny: How Technologies are Eroding the Attorney-Client Privilege, 20 Rich.
J.L. & Tech. 2 (2014)
Recommind Proprietary & Confidential
27. Affirmative Duties of Counsel in eDiscovery
1. In-house counsel should gauge retained
counsel’s eDiscovery competency on legal
issues, technology, process, and strategy
2. Retained counsel should ensure that it has
access to and understanding of the client’s
information retention policies and practices
3. Retained counsel should confirm that the
client has an effective litigation hold process
and take steps to remedy any deficiencies
Recommind Proprietary & Confidential
29. Recommind Proprietary & Confidential
Resources
Hon. Patrick J. Walsh,
Rethinking Civil Litigation in Federal District Court,
40 LITIG. 6, 7 (2013)
Craig D. Ball,
Ten Things that Trouble Judges about e-Discovery,
EDDE J., Autumn 2010, at 2
30. Recommind Proprietary & Confidential
Resources
The Security Nat’l Bank of Sioux City, Iowa v. Abbott
Laboratories, No. C 11-4017-MWB (W.D. Iowa July 28, 2014).
31. Recommind Proprietary & Confidential
Resources
Guidelines Regarding the Use of Predictive
Coding
http://www.ctrlinitiative.com/home/resources/
Model Stipulation and Order re Use of
Predictive Coding
http://www.ctrlinitiative.com/home/resources/
34. Recommind Proprietary & Confidential 34
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Judge Patrick J. Walsh
United States District Court
Central District of California
Craig Ball
Craig D. Ball, P.C.
(512) 514-0182
craig@ball.net
@CraigBall
Philip J. Favro
Recommind, Inc.
(650) 714-9134
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@philipfavro