ESIBytes - E-Discovery Tips by Experts
By Karl Schieneman
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Podcast Description
ESI Bytes is a series of podcasts designed to highlight electronic discovery or e-discovery experts and their theories on the topic as a source of free information to gain insights into this growing field. We will interview a collection of attorneys, technologists, forensic and record management experts to provide an introduction for many to these experts as well as some access to their opinions. This show is sponsored by JurInnov, a Legal Technology Company. However all the opinions expressed by the guests and speakers are their independent opinions on the field. Check out www.ESIBytes.com for more information and a full list of podcasts. This Podcast was created using www.talkshoe.com
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CleanOccupy LegalTech Show | Listen to Karl Schieneman, Founder and President of Review Less talk about his humorous take on the Occupy Movement and applying it to LegalTech in support of predictive coding. What better place to stage a protest against the limited use of Predictive Coding other than LegalTech. There will be plenty of vendors who have predictive coding or forms of these tools demonstrating their capabilities. So for the curious, this is as good a place as any to learn about the tools. I have personally looked at about a dozen tools and compared them to academic studies of human review using key words or just pure responsiveness coding. They all outperform linear review. Numerous judges have approved of their use in articles, blog posts and here at ESIBytes. Yet still the field is only slowly considering these tools. To me that sounds like fertile ground for a protest. So the idea for Occupy LegalTech 2012 was created. Listen to this show to learn more about this spontaneous, social media fueled protest. Hope you enjoy the show and I look forward to meeting listeners of this show at LegalTech this year to talk about the Occupy LegalTech movement, hand out humorous buttons if you support the idea and talk about other podcast ideas. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/27/12 | Free | View In iTunes |
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CleanPreviewing LegalTech 2012 | Listen to Karl Schieneman, Founder and President of Review Less talk with Henry Dicker, Vice President of Events at ALM, Executive Director, LegalTech and Christine Alemany , Director of Marketing at DiscoverReady and a vendor who sponsors and presents at LegalTech about what LegalTech is all about. Henry has been with ALM for 13 years and has been running the LegalTech brand for his entire tenure. So we should learn a lot about how LegalTech has evolved over the years and maybe a sneak peak into this year�?�¢??s show. DiscoverReady has been an active sponsor of LegalTech and they can explain what being involved with LegalTech means for them and for other participants. LegalTech can be overwhelming at times and is appropriately held in New York City which can also be overwhelming to outsiders. So we hope to share advice on how to make the most of your LegalTech experience including strategies, how to work the largest legal technology trade exhibit in the world and what to expect this year. Most visible E-Discovery experts attend LegalTech so it's a great place to catch up with industry analysts and learn what new technologies are hitting the field. Most importantly, the trade show and some of the programs are free. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/27/12 | Free | View In iTunes |
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3 |
CleanSupreme Court Rules on Police GPS Use and Privacy Rights in US v. Jones | Listen to Karl Schieneman, Founder and President of Review Less talk with Ed McNicholas, a privacy expert attorney and a partner from the Washington, DC offices of Sidley & Austin about the just announced US v. Jones decision where the Supreme Court unanimously held the police must first obtain a search warrant before they can place a GPS device on a car for an extended period of time to covertly follow a suspect. We will talk about what the opinion means and read the â??tea leavesâ?? on how the Supreme Court feels about the growing important field of privacy rights for individuals in the electronic age. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/24/12 | Free | View In iTunes |
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4 |
CleanESIBytes 2011 Recap and Looking Forward Into 2012 | Listen to Karl Schieneman, Founder and President of Review Less talk about ESIBytes 2011 year, some of the highlights and what he has planned for 2012 as ESIBytes heads into its 3rd year. He also shares a little more about his background and his thoughts on what the biggest issue is in electronic discovery at this time. I hope you enjoy this show which was recorded post Dec 31, 2011 but got pushed back due to a flurry of articles coming out and some work commitments. | 1/14/12 | Free | View In iTunes |
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CleanThe Three Judges Holiday Show: Perspectives on Machine Assisted Review | Listen to Karl Schieneman, Founder and Owner of Review Less talk with a trio of Magistrate Judges from the S.D. of NY about Machine-Assisted Review. Back in Dec 9th, 2010 Maura Grossman and I trained a number of Judges who preside in the S.D. of NY on machine-assisted review tools and results from TREC. It was a lively discussion. For today's show we bring back Magistrate Judge Andrew Peck, Magistrate Judge Frank Maas, and Magistrate Judge James C. Francis, IV to revisit the topic and what their views are on using more technology to improve the results of document review and to reduce its costs. This was a lively discussion and a must listen for anyone who has any concerns about the defensibility of using machine-assisted review for document review. These judges are part of a growing movement of outspoken judges who are actively educating lawyers and corporate clients that they approve in theory with the use of these tools. Especially given how flawed and expensive more traditional document review can be. | 1/11/12 | Free | View In iTunes |
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6 |
CleanE-Discovery Experts Discuss New Yorkâ??s Complex E-Discovery Model Order | Listen to Karl Schieneman, Founder and Owner of Review Less talk with Ariana Tadler from Milberg, LLPâ??s Managing Partner and one of the top plaintiff E-Discovery experts in the country, Maura Grossman, from Wachtell Lipton and also one of the top E-Discovery experts in the country about the new Model Order for complex cases in the Southern District of NY. Both of these attorneys were involved in creating this template. Hear why they think this approach can make litigation more efficient, what the order entails, where the debates over creating this were most focused and how they think the orderâ??s use will play out in 2012. For added flavor, we have added International E-Discovery expert Chris Dale from the UK to the mix who will add insights from the UKâ??s experience with implementing a model order as a member of Senior Master Whitaker's group which drafted the new Practice Direction and Electronic Documents Questionnaire for Englandâ??s court system. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/9/12 | Free | View In iTunes |
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CleanThe (Under Appreciated) Value of E-Discovery Networking | Listen to Karl Schieneman, Founder and Owner of Review Less talk with the Honorable Joy Flowers Conti from the W.D. of Pa. and my colleague in the Pittsburgh Chapter of Friends of E-Discovery, Allison Brecher, Director of Information Management & Strategy and Senior Litigation Counsel, Marsh & McLennan Companies and a member of the New York City Chapter of Women in E-Discovery, Dan Regard, Advisory Cabinet Chairman at The Masters Conference CEO and Managing Director at Intelligent Discovery Solutions, Inc., and Founder and Promoter at b-Discovery, and Pete Pepiton, eDiscovery Director at Dinsmore & Shohlâ??s, the founder of Friends of E-Discovery and the leader of its Cincinnati Chapter. What each of the guests have in common is despite coming at E-Discovery from different angles, they all share a common bond of recognizing the power that networking has in developing additional skills and perspective in this complex field. E-Discovery is not learned in a book or class room. It is learned from experience. By putting people together who have experience, networking participants can only become more knowledgeable on ways to tackle e-discovery problems. If the networking group is comprised of diverse backgrounds, then the entire group learns how different perspectives see e-discovery. Again, a valuable lesson. Truth be told, no one knows everything about e-discovery so it only can potentially help you to get involved with a group to continue improving. It sounds simple, I am sure this is an underappreciated observation. However, this expert panel is committed to this idea and will share their insights into why networking works for them as a critical part of their e-discovery education efforts. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 12/28/11 | Free | View In iTunes |
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CleanTop 10 E-Discovery Cases and Trends of 2011 | Listen to Karl Schieneman, Founder and Owner of Review Less talk with former Magistrate Judge from New Jersey and well known Electronic Discovery consultant Ron Hedges and Special Guest Kevin Esposito, President of Rivulex, as we go down Ron Hedgeâ??s annual Top 10 E-Discovery Cases and Trends from 2011. This is our 4th year doing this show with Ron Hedges and it has always proved to be a popular show in total downloads. This year we add to Ron's pointed observations, Kevin Esposito's common sense analysis which has made him one of the all time favorites of the E-Discovery speaking circuit. These are both good friends of mine and there is no better way to spend the holidays in a wrap up E-Discovery show than with good friends. Plus between the 3 of us you get a former judge, a lawyer, a technologist, a former in-house e-discovery manager and e-discovery consultants. We cover the landscape in terms of experience and knowledge. This should be a great show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 12/20/11 | Free | View In iTunes |
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CleanThe 12 Days of Remediation, A Holiday Classic | Listen to Karl Schieneman, Founder and Owner of Review Less talk with Gary Rylander, President of Strategic Governance in a holiday themed show called the 12 Days of Remediation. Listen as we talk through 12 key components which ideal clientele for data remediation projects should have in their back pocket. From data maps to retention schedules to effective and realistic legal hold strategies to effective policies regarding social media, personal devices, and mobile devices and much, much more. This should be a great show and in its own way, we will provide a road map for a corporate New Yearâ??s resolution, to lose some of the ESI off of the corporate belly. And you never know, we might break into a new holiday song at the end of the show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 12/15/11 | Free | View In iTunes |
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CleanTechnology, Training, Lawyers and E-Discovery | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Adriana Linares, Founder and Owner of LawTech Partners about training lawyers on technology. Adriana maintains a national consulting practice and has as good a feel as anyone in the country at how tech savvy many lawyers are. This is not to say that there aren�¢??t lawyers who already are tech savvy. There certainly are. But to ignore the fact that many lawyers are not, is one of the reasons why teaching law firms new tricks with using technology can be so challenging. This show is a peak into where many lawyers are as far as a comfort level with technology which might also provides some insights into how difficult it is to change the field. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 11/23/11 | Free | View In iTunes |
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11 |
CleanNew Model Order for E-Discovery In Patent Cases | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with an IP lawyer Antigone Peyton from Cloudigy, a technology analytics provider Bruce Fein from Backstop, LLP, and an E-Discovery attorney Tom Gricks from Schnader Harrison about the new Model Order for E-Discovery in Patent cases. The new model order was presented by Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit on September 27, 2011 and has already been accepted and applied in DCG Systems, Inc. v. Checkpoint Technologies, LLC by a U.S. District Court in the N.D. of CA. This controversial order seeks to limit electronic discovery costs by reducing the number of custodians email that must be produced in a patent dispute to a presumed 5 custodians with 5 search terms, has email being produced as a supplemental production after information about the underlying patents have been produced, excludes metadata without a showing of cause, and adopts much of Rule 502 to protect the waiver of privilege. We will talk about the proâ??s and conâ??s of this rule, how it plays into the push back we are seeing by various stakeholders to reduce the costs of electronic discovery such as the movement to amend the Federal Rules in regards to preservation and/or sanctions, and talk about the role that technology can play to help in cases to reduce costs without restricting access to evidence. This should be a great show as this is a very diverse and talented panel. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 11/11/11 | Free | View In iTunes |
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CleanWhat Makes The Georgetown Advanced e-Discovery Program Special? | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Bob Eisenberg, the founder and permanent Co-Chair of the Advanced eDiscovery Institute and the eDiscovery Tranining Academy at the Georgetown University Law Center in Washington, DC about the Advanced eDiscovery program at Georgetown. We will talk about the conference coming up on November 17 and 18th, learn about how it started, find out from Bobâ??s perspective, how it became the preeminent e-discovery conference in the country. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 11/1/11 | Free | View In iTunes |
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13 |
CleanCooperation Primer for Lawyers and Judges | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Judge David Waxse a United States Magistrate Judge for the United States District Court in Kansas City, Kansas, Bennett Borden, a partner with Williams Mullen, and Megan Jones, a partner with Hausfeld, LLP talk about how meet and confers should work in when cooperation principles are followed. In addition, Judge Waxse shares insights into how a judge can use video cameras to encourage cooperation when parties canâ??t seem to agree. There will be useful discussions into what seems to cause cooperation to break down and how to address it. Lastly, the participants will share their views on the most current trends in E-Discovery. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 10/13/11 | Free | View In iTunes |
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14 |
CleanRevisiting the Carmel E-Discovery Retreat 2011 | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk Chris La Cour about the 2011 Carmel Valley E-Discovery Retreat from July, 2011. We will recap the highlights from this first of a kind E-Discovery event out on the West Coast and talk about future plans for the 2012 event which are already under way. Learn how the West Coast approaches E-Discovery education. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/28/11 | Free | View In iTunes |
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CleanPrivate Clouds and Data Security | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with a team of experienced IT professionals and analysts about how cloud based offerings impact law firms. During this show we will talk about security issues, ethical concerns and specifically about how e-discovery is impacted by cloud computing. The guests for our show are a diverse panel and they include Stuart Hubbard, Firm-Wide E-Discovery Manager for Schiff Hardin, LLP, based in Chicago, Ben Kerschberg, Esq. founder of BK Advisory Group, a regular contributor to Forbes and a writer on this topic, Katey Wood, an analyst with international IT consultants Enterprise Strategy Group, and Steve dâ??Alencon with Case Central. In particular we will talk about Ben Kerschbergâ??s excellent article in Forbes called Data Security and The Imperative of Private Clouds. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/21/11 | Free | View In iTunes |
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CleanHow To Get E-Discovery Education with Ralph Losey | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with one of the most influential E-Discovery lawyers, prolific blogger, and leading e-discovery educator Ralph Losey about the need for more education in e-discovery and what Ralph is doing about it. We will address the ongoing debate about the validity of certification in the e-discovery field, provide information about Ralphâ??s 84 lecture online course which he has created with the help of many of the top judges and lawyers in the e-discovery space, and what impact the education efforts are having. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/13/11 | Free | View In iTunes |
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CleanThe Role of Litigation Support in E-Discovery | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with a team of experienced litigation support managers about how their run their departments and what their role is in electronic discovery. Our guests include Gregory Jordan from Arnold & Porter based in Washington, DC, Jessica Robinson from Morrison Foerster based in Washington, DC, and Peggy Stulberg from Bingham McCutchen based in New York City. This show is very helpful for law firms and lawyers who are considering starting a litigation support department. It also provides insights into the fact that there is no one right way to run or staff a litigation support department. What is clear is litigation support can provide invaluable support for lawyers who are often challenged by the task of working effectively with technology. Learn from these seasoned litigation support professionals what works for them. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/8/11 | Free | View In iTunes |
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CleanRule 502(d) For Dummies With Judge Grimm | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with one of the most influential E-Discovery Judges, the Honorable Paul Grimm Chief Magistrate judge from the United States District Court, District of Maryland about how Rule 502 helps lawyers cope with privilege waiver risks with large amounts of e-discovery that in many litigation matters. We will also touch on the recent J-M Manufacturing Co., Inc. v. McDermott, Will & Emery case filed in Superior Court in California on June 2nd, 2011 in which negligence was alleged for among other things, turning over privileged documents. While this case predates Rule 502, it provides an interesting and topical landscape to discuss how Rule 502 can help litigants going forward. Other topics we will cover include what is hindering the rule from being broadly accepted, common misperceptions about the rule and how the rule works in theory. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/6/11 | Free | View In iTunes |
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CleanUsing Metrics to Improve Legal Process and E-Discovery Techniques | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Lisa Girmscheid, the Law Department Administrator and Project Manager with Rockwell Automation about how the company used benchmarks and e-billing to create a much more efficient legal department. We also have nationally known electronic discovery expert Kevin Esposito, the President of Rivulex and former technologist/lawyer/e-discovery expert at Pfizer discuss how these techniques can play out in electronic discovery, a field which at times cries out for better benchmarking. This should be an interesting show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 8/18/11 | Free | View In iTunes |
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CleanThe Role of Statistics in Electronic Discovery | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with nationally known machine enabled learning experts Herb Roitblatt, Chief Scientist with OrcaTec and one of the principals with the influential not for profit the E-Discovery Institute and David Lewis, a consulting computer scientist and a leading researcher in text classification and text mining about the important role statistics plays in electronic discovery with both newer software programs as well as the role it can play with traditional linear review approaches. We will cover statistical concepts which lawyers assessing large document collections should be familiar with as well as how concepts such as random sampling can prove to be useful techniques for arguing your process is defensible or to figure out during an active project if you are heading in the right direction. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 8/4/11 | Free | View In iTunes |
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CleanRetrieving ESI From Cloud Based Applications | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Craig Ball, about retrieving ESI from cloud based applications. Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 700 presentations and papers and the author of the award winning monthly column on computer forensics and e-discovery for Law Technology News called "Ball in your Court". He has done a number of highly downloaded shows in the past with ESIBytes and is a guest we always enjoy having back due to his combination of knowledge, humor, and willingness to take positions on how to improve E-Discovery. This should be a very good show as we talk about Google Docs, social media, instant messenger applications and other third party software where ESI might reside that lawyers frequently would like to access to analyze in the context of litigation. We hope to provide some guidance on what you can do today and what the future is shaping up to look like. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 8/2/11 | Free | View In iTunes |
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CleanInternational E-Discovery Issues | Listen to Karl Schieneman, President and Owner of Review Less talk with George Rudoy, Founder and CEO of Integrated Legal Technology, LLC and Ron Hedges a former U.S. Magistrate Judge from N.J. and well known electronic discovery expert about electronic discovery issues in international law. Ron has been a frequent guest on the show and I have been asking George Rudoy to do an ESIBytes show many times in the past and finally we have succeeded. Both of these panelists have substantial experience in the area of international e-discovery both as academics at e-discovery think tanks and as global practitioners. They speak all over the world on a variety of topics including international e-discovery issues. This show will address the challenges of collection and preservation, provide updates on case law, give some additional attention to the Far East and China, and even throw in some questions about how predictive coding might create additional privacy issues in other jurisdictions. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Reviewless.co or kas (AT)jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. | 7/29/11 | Free | View In iTunes |
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CleanE-Discovery Search and Retrieval and is Human Review The Gold Standard? | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Maura Grossman of Wachtell, Lipton, Rosen & Katz and Professor Gordon V. Cormack from the University of Waterloo about seach and retrieval issues. Both Maura and Gordon have been deeply involved with the TREC program measuring different approaches for accomplishing document review with Electronically Stored Information and together they have published a number of cutting edge articles describing their results. Included in this is a wonderful but highly technical article called Technology-Assisted Review Can be More Effective and More Efficient Than Exhaustive Manual Review, XVII:3 Richmond Journal of Law & Technology (Spring 2011) (in press). They have also recently published a wonderful article on consistency issues associated with human review and discussed at the recent DESI IV conference in Pittsburgh called Inconsistent Assessment of Responsiveness in E-Discovery Difference of Opinion or Human Error? This will no doubt be a cutting edge program as Maura and Gordon are covering some very controversial topics but they also have data to back up their opinions. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/7/11 | Free | View In iTunes |
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Cleane-Neutrals and Special Masters in Electronic Discovery Cases | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Judge Arthur J. Schwab, from the Western District of Pennsylvania, Allison Skinner, Esq. an attorney at Sirote & Permutt and founding member of American College of e-Neutrals, and Timothy Opsitnick, owner of JurInnov, original member of The Sedona Conference and a board member with the American College of e-Neutrals. The show combines two of the stakeholders with the American College of e-Neutrals and a judge who is one of the architects of the creative Special Master Pilot program for E-Discovery in the Western District of Pennsylvannia. Incidentally, Allison Skinner, Tim Opsitnick and myself, Karl Schieneman are all approved Special Masters in the Western Districtâ??s Special Master Pilot program. There is a common thread here of gaining efficiencies through the process by bringing experts onto a project to help with the technical issues associated with electronic discovery. We will talk about the how the different programs work, differences between the two and why these ideas are helpful to speed up electronic discovery cases get through what can be challenging discovery issues. This should be a great show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/30/11 | Free | View In iTunes |
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CleanStandardizing Search and Retrieval and Recapping the DESI IV Conference | Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk with Jason Baron, the â??godfatherâ?? of the need for search and retrieval improvement in electronic discovery and Director of Litigation for the National Archives and Records Administration; and his frequent cohort, Doug Oard, a Professor at the University of Maryland, College Park, with joint appointments in the College of Information Studies and the Institute for Advanced Computer Studies, where he is the director of the Computational Linguistics and Information Processing Lab. The topic for discussion will be a recap of the recently held DESI IV conference in Pittsburgh, PA which focused on whether we can come up with standardization for search and retrieval in E-Discovery. This show will talk about the conference as well as some of the challenges and opportunities for adopting standardization in search and retrieval. I should also add that the articles submitted at the conference were fantastic materials to read and can be downloaded for free at the following address. Please note, the site I use to record podcast sites does not allow me to put a tilda sign in this text box. A tilda can be found next to the 1 key on most keyboards where the apostrophe is found. Use a Shift key when hitting this key and insert it in the web address listed below where I have tilda in parentheses. http://www.umiacs.umd.edu/(tilda symbol) oard/desi4/. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at Review Less, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/20/11 | Free | View In iTunes |
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CleanProject Managing Electronic Discovery | Listen to Karl Schieneman, President and Owner of Review Less talk with Michelle Mahoney, Director of Applied Legal Technology with Mallesons Stephen Jacque, an Australian law firm and Peggy Stulberg, Director of Litigation Technology with Bingham McCutchen, LLP about project management in Electronic Discovery. This show will address the challenges of project management including how to get started, pitfalls, successes, communication, how the many moving pieces on a project work with each other, do you have mini task driven project management or global project management for the entire project, and tools that can be used. Since I just submitted an updated chapter on project management for PBI, E-Discovery, I am sure I will be contributing quite a bit to this debate too. It always is an interesting show when I play host and participant. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com or kas (AT)reviewless.co. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 5/23/11 | Free | View In iTunes |
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CleanInterviewing Witnesses in E-Discovery Cases | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with Duncan Fraser, General Counsel, Civil Litigation Section, Justice Canada General Counsel, Civil Litigation Section, Justice Canada and Jennifer Mason a partner with Mintzer Sarowitz Zeris Ledva & Meyers office in Pittsburgh, PA where she runs their office and chairs the firms e-discovery practice. This show will address the critical E-Discovery step of interviewing witnesses before charging ahead and ramping up an E-Discovery project. In the haste and fear to get our arms around ESI, this non technical step is often missed. This is why the lawyer is still the most important piece of technology in an E-Discovery case as technology always works best when it is aimed at useful ESI instead of lots of ESI. This should be an interesting show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 4/27/11 | Free | View In iTunes |
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CleanThe Importance of Metrics in Electronic Discovery | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with Alex Buck from the pre-eminent litigation law firm Bartlit Beck and formerly with Abbott Laboratories about the importance of metrics in electronic discovery. We will talk about different forms of metrics, how to gather metrics, whether relying just on vendors to supply metrics makes sense, and get Alex to discuss some of her favorite metrics. Given my interests in project management, I am a big fan of metrics and am looking forward to doing this show with Alex. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 4/20/11 | Free | View In iTunes |
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CleanE-Discovery and Effectively Working Through Privilege Issues | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with David M. Greenwald who is a partner in Jenner & Blockâ??s Chicago office and Jonathan Redgrave a partner with Redgrave, LLP about issues associated with privilege and electronic discovery. David is the Editor of the Jenner & Blockâ??s Attorney-Client Privilege Update online resource center, which provides regular reports on this legal issue and is a national expert on the topic of privilege as well as an active participant in The Sedona Conference. Jonathan Redgrave is one of the original pioneers in electronic discovery was heavily involved with the creation of The Sedona Conference among many other honors. Listen to us discuss where privilege is today and where it is heading in electronic discovery, the risks of sending business documents to lawyers to obtain the supposed protective seal of privileged, how to review for privilege effectively, how cooperation plays into effective privilege review, how to lose trust with the other side which reduces the effectiveness of cooperating on privilege documents, what privilege logs really get you at the end of the day, how Rule 502 is supposed to work and how it is working today and many other topics. It should be a very interesting discussion. . For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 4/14/11 | Free | View In iTunes |
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CleanUK e-Disclosure Project Update and Its Application to the US | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with Senior Master Whitacker of the Senior Courts of England and Wales in the Queenâ??s Bench Division and Chris Dale, a well known technology consultant, blogger, former solicitor and the person who runs the e-Disclosure project in the UK. Together these are two of the most influential people in the UK in what we refer to in the U.S. as e-Discovery. Senior Master Whitaker is the UK equivalent of Judge Grimm or Facciola and last year authored a decision called Goodale v. Ministry of Justice. This decision is quite important as an example of how a judge can step in and actively push the parties to work together to come to a fair resolution on how to find and produce ESI. It also stands as a great example of judicial acceptance and promotion of using advanced analytics and technology to find ESI which would be daunting to find with a manual, key word driven, or brute force review. Together they work on a project which we will no doubt discuss called the e-Disclosure Project which includes among many other aspects, a model ESI Questionnaire which assists parties in getting agreement on how ESI should be handled in their dispute after an analysis is done on the proportionate impact to the case which ESI has when compared to what is at stake in the matter. The Goodale opinion attached an ESI Questionnaire which came out of this project, to the judgment. Since the UK struggles with issues just like the U.S. does when trying to figure out this ESI mess, why not look to some of the best minds the UK has to offer for ideas on what we can or should be doing in the U.S. Itâ??s the power of the Internet that allows us to easily peer into their process and identify if there are any good ideas there worth emulating. Personally, I believe there are and I am thrilled to give these two experts a platform to share what they see and think about the challenges of e-Discovery. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 4/4/11 | Free | View In iTunes |
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CleanWatson, The NY Times Doomsday Article and the Legal Profession | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with Charles Cohen, co-chair of Hughes Hubbard & Reeds E-Discovery group based in New York City and Marc Fulkert an associate at Jones Day who focuses his practice on electronic discovery too. Together we are going to talk about the string of technology driven press about Watson and then the front page NY Times article which predicted the demise of Armyâ??s of expensive lawyers at the hands of cheaper software in electronic discovery. These two lawyers are not afraid and in fact are very bullish about the future. Hear their take on the direction technology is taking lawyers even if the proposed technology works as advertised. This should be an interesting and I promise spirited show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 4/1/11 | Free | View In iTunes |
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CleanThe Launch of a Law Student E-Discovery Website | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with the Honorable Shira Scheindlin from the Southern District of NY and the Honorable Paul Grimm from the District Court of Maryland along with two law students who accepted my challenge to build www.lawblogreview.org. Due to the efforts of Hunter McMahon and Alex Shusterman, we now have a website that enables law students who study electronic discovery and or have technical backgrounds, to develop their electronic discovery ideas, market themselves and help get jobs or clerkships which in turn can help both them and law firms who have limited resources to learn more about electronic discovery. Hunter and Alex are both law students and they have both put a significant amount of time working with me and writing the code and designing the website to make the idea a reality. Join us on this show as we learn more about how www.lawblogreview.org can help both law students and law firms find each other and come up with ways to work together. If you like this show, forward it to your local law school or local bar association and let them know that this free resource exists. Together, this idea can help the field continue to grow by tapping into ideas from the next generation of lawyers who by the way, are far more tech savvy than todayâ??s generation of lawyers. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 3/31/11 | Free | View In iTunes |
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CleanMidwest Sourcing of E-Discovery Talent | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with three AmLaw 100 lawyers about sourcing electronic discovery talent from the Midwest. The guests are Bob Trenchard co-chair of Wilmer Haleâ??s E-Discovery Committee who have opened a location in Dayton, Ohio; David Cohen co-chair of K & L Gates e-Discovery Analysis & Technology (e-DAT) Group who have one of their review centers in Pittsburgh, PA; and Cathleen Peterson, a special attorney and litigator with Orrick and a resident in Orrickâ??s Global Operations Center in Wheeling, West Virginia where document review work is sourced to. This show will provide a nice set of examples of how some of the nationâ??s largest and most sophisticated law firms are sourcing review work away from large cities to take advantage of the stability and lower billing rates of Midwest attorneys. In addition, all three experts have extensive electronic discovery experience and focus their legal work in e-discovery related matters. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 3/25/11 | Free | View In iTunes |
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CleanCorrelation Between Client Risk Tolerance and E-Discovery Readiness | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with E-Discovery pioneer Scott Carlson who heads and founded the E-Discovery practice group at Seyfarth Shaw LLP about the role Risk Assessment plays in how clients approach electronic discovery. We will talk about the different stages of an e-discovery project including records management, e-discovery readiness, litigation holds and collections, processing and culling data, early case assessment, types of review strategies and investments into review tools. Different clients approach e-discovery different ways and we are going to see if in our discussion we can figure out the merits of the different types of approaches. What works and what can go wrong. What is the level of risk clients really face and accept when choosing between the different approaches and ways to attack electronic discovery. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 3/15/11 | Free | View In iTunes |
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Clean2011 Trends in E-Discovery by Eddie O'Brien | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with E-Discovery pioneer Eddie Oâ??Brien in our first Australian based podcast. Eddie is the founder of Ringtail, the legendary E-Discovery tool which pioneered the review of ESI in litigation out to a web based tool fifteen years ago. Today, Eddie is a Director with FTI who purchased Ringtail several years ago. Eddie has been a successful entrepreneur and a technologist who has accurately gauged the direction of E-Discovery in the past. He also has the luxury to be able to be forward thinking about what he sees as trends in the E-Discovery space and can see the forest through the trees without the same pressures to make a dollar, be that Australian or American. So I thought it would be interesting to talk to Eddie about the trends he sees and it has been. I think this will be a very interesting show and one I hope everyone enjoys as we discuss technical topics like emerging standards, cloud computing and social networking and the challenges these place on existing review solutions, the growth in international e-discovery, automated review, and how the in-house electronic discovery market will continue to evolve. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 3/3/11 | Free | View In iTunes |
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CleanUsing Predictive Coding â?? Whatâ??s In the Black Box? | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talks with several experts in the world of auto-categorization and machine learning. Joining us are Dr. Jaime Carbonell, a world re-known computer science expert who among other things is the Director of Language Technologies Institute at Carnegie Mellon University, Vasco Pedro, the CEO of Bueda and a Carnegie Mellon Ph.D. and Masters graduate and a Fullbright Scholar who is developing tools to mine data and categorize it in social media, and Herb Roitblat, Chief Scientist and Chief Technology Officer with OrcaTec LLC who has been deeply involved with The Sedona Conference and the chair of the Electronic Discovery Institute studying how to use more and better technology to find ESI. For years lawyers have been asking about the â??defensibilityâ?? of these new tools in the world of E-Discovery. I have spent a fair amount of time talking to judges recently about this issue and by and large, the judges are very interested in the new technology provided you can explain why you used the technology. Thus the next question lawyers are starting to ask is â??whatâ??s in the black box?â?? In this show we have brought some of the top minds in this field together to discuss the progress of machine enabled learning. We hope to talk about its limitations, which clearly exist. What the progress has been too. The great thing about this show is two of the participants sell NOTHING TO LAWYERS. So this is an opportunity to hear in an unbiased way what the potential is and where some of the warts are too. I hope this will be a show to remember. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 2/23/11 | Free | View In iTunes |
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CleanSurveying Sanctions in E-Discovery Cases in 2010 and Judicial Reactions | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with the Honorable James C. Francis U.S. Magistrate Judge from the Southern District of NY since Oct, 1985, the Honorable Richard Sankovitz from Branch 29 of the Milwauke County Circuit Court, Dan Willoughty, a partner at King & Spaulding and co-author of Sanctions for E-Discovery Violations: By The Numbers, and well known E-Discovery plaintiff lawyer James A. Batson from Liddle & Robinson. We will be talking about trends in the area of e-discovery sanctions. Given the variety in backgrounds the different panelists possess, this should be a very interesting and lively discussion as we try to figure out what will happen next in the world of E-Discovery Sanctions and how best to avoid them given what we know today. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 2/7/11 | Free | View In iTunes |
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CleanUK and European Data Privacy and Protection Electronic Discovery Issues | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with Sanjay Bhandari a Partner at Ernst & Young and Trevor Horwitz, a Director from Ernst & Young along with attorney Quentin Archer from Hogan Lovells in the UK on UK Data Privacy laws and Data Protection Issues. In the past we have learned a lot on shows with English attorneys on search and retrieval techniques with Chris Dale as well as other shows. In a multinational world litigation can often encompass data in other countries. The UK privacy laws are different from the US so we thought we would do a show on this topic. This should be an interesting and educational show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/26/11 | Free | View In iTunes |
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CleanProducing ESI and the Issues Associated With This | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with attorney national electronic discovery analyst, author and forensic expert Craig Ball and electronic discovery technology expert Tim Opsitnick from JurInnov about the challenges and options with producing ESI. Should you produce in and image file like Tiff or PDFs or are Native productions better? Is processing important? What are the options? What are the cost differentials between these two? What does the terminology really mean such as load files? What do you do when you donâ??t agree with the other party on form of production? There are so many issues we can discuss in this area. This should be an interesting show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/25/11 | Free | View In iTunes |
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CleanTop 10 Electronic Decisions in 2010 by Ron Hedges | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with noted electronic discovery expert and former Magistrate Judge from New Jersey, Ron Hedges in what has become an annual E-Discovery recap show. Listen to Ron discuss his top 10 list of the most influential electronic discovery related cases from 2010 with a few key events thrown in as well. This is always an informative show for anyone trying to keep up with developing case law. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/20/11 | Free | View In iTunes |
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CleanLegacy Data Issues and E-Discovery Pain | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with attorney Charles Cohen from New York City based Hughes Hubbard & Reed talk about how the costs of electronic discovery have increased largely because the volumes of information keep increasing. So are there any solutions to this problem? In particular we will focus on the challenges of getting rid of old legal holds which can turn into cess pools of data which can have no redeeming value to a company except provide more data that needs to be searched when future litigations occur. This is a particularly thorny area and one with little legal guidance. Should be an interesting show. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/18/11 | Free | View In iTunes |
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CleanAdministrative Law and E-Discovery - An Insider's Perspective | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with attorney Allison Stanton from the U.S. Department of Justice and Christopher Denig from Washington, DC based Covington & Burling about E-Discovery issues associated with government investigations. Listen and learn about what works when a subpoena or warrant arrives at the doorstep of your client requesting information and ESI is involved. While the rules for E-Discovery are different, many of the same principles surrounding cooperation and open and honest disclosure still apply. Another topic we will be covering is how agencies are reacting to newer technologies and search and retrieval approaches. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 1/11/11 | Free | View In iTunes |
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CleanEnvironmental Law and E-Discovery Should Not Be Hazardous Waste | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with attorney Margaret â??Maggieâ?? Boyle from Pittsburgh based Babst Calland Clements & Zomnir, PC on how environmental law and electronic discovery can intersect. Babst Calland is a law firm nationally known for their work in environmental law and one of Maggie Boyleâ??s responsibilities at the firm is to assist the other attorneys at the firm and educate them on electronic discovery. This is a unique topic and one which is not discussed at most national electronic discovery conferences. Just the type of niche topic which ESIBytes loves to cover so it stays on the radar for everyone who practices environmental law. I hope you find the show interesting. It also is a good example of reaching out to me for ideas on shows. As Maggie can attest, I am also up for doing shows in areas which are off the beaten path to help educate practitioners on how electronic discovery is evolving. Especially when they are presented to me by attorneys who are closer to that particular issue than I am. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 12/21/10 | Free | View In iTunes |
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CleanWill Judges Think It Is Okay To Use Clustering and Suggestive Coding Tools? | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about a very hot topic â?? when will the judiciary offer guidance to parties on whether it is okay to use advanced technologies to do a better job and less expensive job in finding relevant ESI as compared to using key words to fish haphazardly for ESI. For this show we have both Judge Facciola and Judge Grimm, two of the leading experts on electronic discovery on anyoneâ??s list who can talk about this issue from the Judiciaryâ??s perspective. Maura Grossman, an E-Discovery counsel with New York based Wachtell Lipton and the head of TREC which for the last half dozen years has sponsored contests to evaluate search and retrieval techniques, and Chris Dale, a technology expert and former solicitor from the UK, a legal system which has already issued opinions recommending that two parties in a case consider using advanced technologies to reduce the burden in organizing ESI to produce it to the other side. This should be a very interesting show because defensibility concerns seem to be the largest reason lawyers in the U.S. have not embraced new technology approaches to finding and organizing ESI. Thatâ??s what surveys say and that is what my experience has confirmed as I have spoken to hundreds of lawyers across the country and asked them this same question. While we donâ??t have a decision on this issue, we will have the opportunity to maybe get a few â??smoke cloudsâ?? or signals from the panel on what their impressions are towards using newer technologies. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 12/20/10 | Free | View In iTunes |
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CleanSpecial Master Program for the United States District Court - W.D. of Pa | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with the Honorable Joy Flowers Conti, the Honorable Nora Barry Fischer and attorney David Cohen from K & L Gates about an innovative special master program being launched in the United States District Court, Western District of Pennsylvania, to assist judges and parties with e-discovery issues. Special Masters are often brought in by the court to add technical expertise to assist judges who may not have the same technical background or the time to deal with electronic discovery disputes. If done correctly, they can offer enhanced efficiency and expertise to what can often be messy and confusing discovery issues. This should be a very interesting show as we talk about the goals of this innovative Special Master program and let listeners know how they can find out more about the program if theyâ??d like to start a similar program in their local jurisdiction. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 12/15/10 | Free | View In iTunes |
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CleanCloud Computing and Lawyers - Hype, Potential or Impossible? | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with two computer experts on the potential for cloud computing to assist lawyers with electronic discovery. This show will feature Steve Akers, the founder of Digital Reef and experienced entrepreneur and our second English guest joining us via Skype, Justine Pirie who is a blogger, analyst and Mimecastâ??s Director of Content and Communities. This should be a very interesting show as we define Cloud computing, give examples, discuss the barriers for lawyers adopting these tools, and talk about typical e-discovery issues of preservation and collection when a third party application is being used to store data. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 11/10/10 | Free | View In iTunes |
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CleanE-Discovery Versus E-Disclosure - How The English Handle E-Discovery | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with an English solicitor aka attorney about the framework for approaching E-Discovery in England. At this point in time in E-Discovery, few people in the field would say we have this problem figured out. So why not look at other systems to decide what can work. The US system has attempted to become more flexible relying substantially on effective meet and confers to enable the parties to sort out discovery obligations and avoid messy discovery disputes and unproductive motions practice. Unless the parties agree, this approach is fairly utopian. The English model goes one step further and provides for E-Disclosure instead of E-Discovery. Meaning you are obligated as a party to turn over that which is relevant to the case. We will look at this system more closely and see what seems to work and where the tensions are. Maybe we can learn more about how to improve our system from looking at others. Our panelist Chris Dale is a graduate from Oxford University and has worked on the law firm side, software development side, then consulting side of litigation. From this myopic viewpoint, he turned his energy to commentary on electronic disclosure / discovery. Chris runs the e-Disclosure Information Project which disseminates information about the court rules, the problems, and the technology to lawyers and their clients, to judges, and to suppliers. He is a member of Senior Master Whitaker's Working Party which drafted the new Practice Direction and Electronic Documents Questionnaire. He writes the UKâ??s only authoritative and objective web site and blog on the subject and is a well-known speaker and commentator in the UK, the US and other common law jurisdictions. In short, I am not sure we could have found a better guests on this show than Chris Dale and this should be a very interesting program. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 11/8/10 | Free | View In iTunes |
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CleanRecords Management - An Insider's Perspective and Its Impact on E-Discovery | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with a diverse panel of in-house record managers and attorneys who work for or have worked for sophisticated companies. In the past we have talked about records management but we invariably seem to attract outside lawyers who preach approaches which in theory can help organizations deal with E-Discovery. Now we have a chance to listen to insidersâ?? perspectives on how this works in practice. On this show we will cover how effective records management can minimize the headaches associated with ESI in E-Discovery, provide tips on implementing a records management program, and discuss whether we are making progress with records management of ESI. The panelists are Jane Connerton, the Corporate Records Manager for Procter & Gamble, Stephen Ferguson, the Corporate Records Office from Nationwide Insurance and Bruce Whitney formerly head of litigation with Air Products and now an outside consultant. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 10/26/10 | Free | View In iTunes |
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CleanDealing With Legacy Data What To Do About ESI Messes Today | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with a diverse panel about the problem of storing lots and lots of data. More than the problems presented, we will talk about case law, approaches for dealing with this problem and why you should start acting on this today. Perhaps this show should be done on New Yearâ??s Eve when New Yearâ??s Resolutions occur. I am going to lose 10 pounds can be replaced with I am going to lose 100 Terrabytes of data over the next month and live a healthier ESI live. In fact, I would suggest that losing 100 Terrabytes of data is good for your health and can increase the life span and employment of IT professionals, E-Discovery coordinators, outside counsel and importantly the clients. On todayâ??s show, we have an outside counsel, Alitia Faccone a partner with New Jersey based McCarter & English, Jim McGann an executive with the back up tape retrieval company Index Engines and Gary Rylander, an outside consultant who has been project managing these types of projects are large companies. Between these group of experts we should have an interesting discussion on the challenges associated with Legacy Data and the upside of starting to take action today. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 10/13/10 | Free | View In iTunes |
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CleanLawBlogReview.org a Proposed Student Run Website | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with Allison Stanton from the Washington, DC offices of Hogan & Lovells, LLP talk about a side project they have collaborated on. There has been a lot of â??chatterâ?? that the next generation of lawyers will be better able to deal with electronic discovery issues because they were not spoiled by the images of typewriters, carbon paper and dictation devices. They have grown up with My Space, Facebooks, I-Pods and other electronic games. Surely they will be better equipped to recognize new technologies for dealing with ESI and the inherent fact that evidence is by its nature ESI and not a carbon format. But today, as Judge Facciola pointed out in the first ESIBytes podcast, we have many lawyers at small law firms who do not get E-Discovery and in many cases are opting out even when their clients best interests are served by recognizing ESI exists and can help their client. This might be changing. Just last night on the new TV show The Defenders, I saw James Belushi at a small defense firm in Las Vegas present an image of a FaceBooks page as evidence. Nevertheless, the problem is still an acute one. So Allison and I with Judge Grimmâ??s support decided to do something about these two issues and have tried to encourage law students to build a website called lawblogreview.org which can both facilitate new ideas in E-Discovery in the form of lawblogreview posts but can also serve as a source of in-expensive law clerks trained in E-Discovery for lawyers to access. On todayâ??s show we will talk about the lawblogreview.org website building contest. So why should you listen to this show? If you are a law student, know someone who teaches E-Discovery classes or know people in your local bar association who might benefit from a website which provides access to law clerks who have taken E-Discovery courses, then you can help us. If successful, this will be a law student driven project, with some nurturing from the established e-discovery community. But we need help connecting with this law students. So please listen to this short show and see if you can help. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/27/10 | Free | View In iTunes |
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CleanOur First Processing of ESI Show With Industry Processing Pioneers | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about the role processing plays in the analysis of ESI for E-Discovery. This is a really unsexy topic which few people want to think about except for the people whose hands it falls on to complete this important task. To those who are more involved, it is a trap for the unwary which is often decided based on price without thought to the implications that bad processing can have for your case. Todayâ??s show talks has us bringing together Bill Johnson, CEO of TCDI and a pioneer in the field of processing ESI, Tim Opsitnick from JurInnov is also a pioneer in electronic discovery as one of the original Sedona Conference members and is also someone who is intimately familiar with processing, and Salvatore Mancuso, head of litigation support at New York based law firm Willkie Farr & Gallagher who has done a good deal of comparing and studying outside processing options. This is an important topic with great guests as we look at where processing is today, and where it is going in the future. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/21/10 | Free | View In iTunes |
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CleanAgreeing on Key Words, The Tooth Fairy and Other Myths | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with a panel of attorneys who are associates with significant electronic responsibilities at large law firms about their experiences with key words. With the big push on cooperating to reduce costs and improve discovery, we take on one of the big issues in electronic discovery �¢?? key word searching. Can you cooperate on key words and gain real efficiencies? Why do we battle over key words? Does this lead us any closer to finding relevant ESI or are we just creating review time and motions court work when there is a lack of agreement over key words? Today�¢??s show talks has us bringing together a team of law firm associates who know best the pain that key words can cause to a project because they are the ones who live with the key word mess in a case. Alexandra Chopin from Patton Boggs and based in Washington, DC, Brian Pandya from Wiley Rein, LLP and also based in Washington DC, Brendan Schulman an associate with New York City based Kramer Levin Naftalis & Frankel, LLP, and plaintiff lawyer James Batson from Liddler & Robinson in New York City. This show came about from talking to some of these associates about issues they see in electronic discovery and what the pain points are. We are going to delve deeper into this mess and see if we can identify better solutions as well as expose some of the troubles key words can cause in the real world of an e-discovery case. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/15/10 | Free | View In iTunes |
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CleanCost Shifting and Fee Splitting in Electronic Discovery | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how cost shifting and cost collaboration are occurring in electronic discovery. We have an outstanding panel for todayâ??s show as the Honorable James C. Francis, IV, a magistrate Judge from the S.D. of NY, Robert W. Trenchard, the chair of Wilmer Haleâ??s E-Discovery Committee, and Megan Jones a nationally recognized electronic expert from Hausfeld, LLP who represents claimants in antitrust litigation discuss trends that involve cost shifting. Todayâ??s show talks about the mechanics of cost shifting but we also delve into how new technologies such as concept searching can be addressed in meet and confers to reduce costs. Given the different perspectives, a variety of opinions will be shared including how important the Proclamation Collaboration can be to reducing cost shifting arguments to real disputes. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 9/1/10 | Free | View In iTunes |
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CleanSocial Media Creates Business Opportunities, Messes and Work for Lawyers | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how social media has both intrigued business people and vexed e-discovery lawyers. Our panelists for todayâ??s show are well known e-discovery expert Jonathan Redgrave from Redgrave LLP, the newly formed e-discovery law firm bearing his name and one of the true icons in electronic discovery who was instrumental in getting The Sedona Conference established as a place where some of the top legal minds could collectively study and come up with best practices to deal with Electronic Discovery issues. And another good friend of mine, Dave Nelsen, who is one of the top social media consultants in the country and speaks nationally 3-4 times a week advising CEOâ??s on how to use social media. Dave created the platform which ESIBytes uses and has won awards nationally as one of the top CEOâ??s in the country. Todayâ??s show will be a combination of topics as we both why social media is such a useful tool for businesses (including law firms) by enabling organizations to connect with communities of users in very dynamic ways. We will also talk about some of the risks these tools can create rather quickly as users lose control of messages which can spiral out of control into the Internet. We will also talk about how the For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 8/24/10 | Free | View In iTunes |
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CleanThe Vendor Control Pendulum in Electronic Discovery | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how the vendor relationship has shifted from law driven driven to corporate driven and whether this is a good thing. Our panelists for today's show are well known e-discovery expert Craig Ball, Allisa Vermillion from the Washington DC office of the Am Law 100 law firm Mayer Brown and Michael Scott, former head of electronic discovery at Alcoa and a legal consultant on international trade, government contracts and electronic discovery. Today's show will be an analysis of how the control of vendor relationships in electronic discovery has shifted over the past few years with more companies taking an active role in managing preferred vendor relationships. We will discuss what the field was like before this shift occurred, what the outcome of this shift is, and if it is resulting in better projects and improvement in electronic discovery process. It should be a very interesting show and is another topic I haven't seen discussed anywhere else before. These are the real fun shows to do. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 8/20/10 | Free | View In iTunes |
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CleanGovernment Investigations and Electronic Discovery | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how electronic discovery differs when it occurs as part of a government investigation. Our panelists for todayâ??s show include Miriam Smolen with Fannie Mae, Justin Murphywith Washington DC based Crowell & Moring, and Christopher Denig with Washington, DC based Covington & Burling. Listen to how the rules differ when the government is involved and what remains the same. Despite the economic downturn of the past year, regulatory electronic discovery has been a field unaffected. In some respects, it has been a growth field compared to the rest of the electronic discovery industry. Yet the rules are different and working through electronic discovery issues with the government can be an art. Our goal in this podcast is to share some advice on this niche field of electronic discovery. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/29/10 | Free | View In iTunes |
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CleanHow State Law Can Differ From Federal E-Discovery Law in New York | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how state law and federal law can differ in electronic discovery cases. Today, we will be looking at New York state law and how it contrasts with federal electronic discovery practice. Our panelists for todayâ??s show are Mark Berman from Ganfer & Shore and has written over a dozen articles on electronic discovery in the New York Law Journal and Jay Safer from Locke Lord Bissell & Liddell who has extensive electronic discovery experience and also was appointed by Chief Judge Judith S. Kaye to serve on a Special Commission on the Future of the New York State Courts as well as being on the Planning Committee for the Judicial Conference of the U.S. Court of Appeals for the Second Circuit in 2010. They have a unique perspective on how electronic discovery has developed in state court in New York as well as strong backgrounds working with electronic discovery in federal court in the Second Circuit. Together we will discuss what some of the differences are and how practicing lawyers need to appreciate the differences between federal e-discovery law and state electronic discovery practice. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/28/10 | Free | View In iTunes |
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CleanMid Year Summary of 2010 Electronic Discovery Cases | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how case law is developing in the electronic discovery field thus far in 2010. Our panelists for todayâ??s show are Farrah Pepper and Jennifer Rearden from the Am law 100 law firm of Gibson Dunn & Crutcherâ??s New York City office and former Magistrate Judge from New Jersey and current electronic discovery consulting expert Ron Hedges. Together we are going to tackle the mid-year review of electronic discovery cases. What are the themes and trends? What types of cases are being filed? Are spoliation cases growing? Is electronic discovery going more mainstream now with more courts weighing in or are we seeing mega decisions still from the judges who have been pioneers in the field? We will be using Gibson Dunnâ??s mid-year report as a template but will provide an overview as well as adding Ron Hedges insights. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/23/10 | Free | View In iTunes |
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CleanRequest for Idea to Offer Law School E-Discovery Clinics to Small Law Firms | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about an idea he is working on with others in the field for a not for profit to network law students as an E-Discovery clinic to assist in educating small law firms on electronic discovery. This podcast is really just a short description of an idea and a request to get in touch with me if you like the idea and want to help, are a law student and can provide some feedback on the idea, know a law school which teaches electronic discovery or better yet, know a professor who teaches electronic discovery. Thanks for your help and look forward to seeing your emails. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/21/10 | Free | View In iTunes |
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CleanThe 4th Amendment and E-Discovery in Criminal Matters by Justin Murphy | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how the 4th Amendment in criminal cases intersects with electronic discovery. Our panelist for today's show is Justin Murphy with Washington DC based Crowell & Moring who proposed this show when we met a month ago in Washington, DC. It is exciting to be able to take ESIBytes into new fields like criminal law so I appreciate Justin's insights into criminal law. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/12/10 | Free | View In iTunes |
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CleanElectronic Discovery and Home Computers by Keith Altman | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how important or irrelevant metadata is with Keith Altman, a plaintiff attorney who is often in a position of trying to build out pieces of a case without going on a â??fishing expeditionâ?? . Home computers are filled with lots of interesting ESI about custodians but they also raise unique privacy issues. This should be a lively discussion. Our guest Keith Altman is an attorney with Finkelstein & Partners Mass Tort Department and specializes in pharmaceutical litigation. After consulting on several major pharmaceutical litigations since 1996, Keith was admitted to the Bar of California in 2008. Some of the litigations he has worked on include: Diet Drugs, Rezulin, Propulsid, Accutane, Lariam, Hormone Therapy, Neurontin, Lyrica, Avandia, Meridia, Viagra, and Ortho Evra. Keith is also an expert in electronic discovery and is the founder of the American Association of Justice Electronic Discovery Litigation Group. He is also a member of Working Group One of the Sedona Conference on electronic discovery and is a member of several drafting teams. Keith has lectured throughout the United States on electronic discovery issues. Keith has a B.S., Magna cum Laude in Astronomy/Physics from the State University of New York at Stony Brook. While there, he worked on several research projects as well as a lab conducting experiments in quantum electronics. Keith has done extensive software development for data analysis and litigation support tools. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 7/8/10 | Free | View In iTunes |
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CleanECA Strategies the Wrong Way and The Right Way by Ed Rippey and Bruce Radke | Listen to Karl Schieneman, Director of Legal Analytics and Review talk to Ed Rippey the head of E-Discovery at Washington, DC based Covington & Burling, LLP and Bruce Radke, head of E-Discovery with Chicago, Illinois based Vedder Price talk about the increasingly hot topic of Early Case Assessment (ECA). We will talk about common methods used today; what some of their limitations are; how like any database driven task, a bad collection or poor records management at the front end can impede good ECA; and how new technologies like concept searching are making ECA easier to accomplish. This should be an interesting show and given the changes occuring in ECA, possibly controversial in nature. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/28/10 | Free | View In iTunes |
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Clean100th Judge Signs The Cooperation Proclamation by Judge Conti | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with the Hon. Joyce Flowers Conti from the Western District of Pennsylvania who recently became the 100th judge to sign off on The Cooperation Proclamation. Joining her on this show will be Richard Braman, the Executive Director from The Sedona Conference who will update the audience on the progress of The Cooperation Proclamation to date and to celebrate this milestone. The last panelist is Therese Miller an electronic discovery attorney from Shook, Hardy & Bacon who will talk about Cooperation from the perspective of practicing attorneys. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/23/10 | Free | View In iTunes |
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CleanQuon and the Supreme Court Tackling An E-Discovery Issue by McNicholas | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how electronic discovery differs when it occurs as part of a government investigation. Our panelist for todayâ??s show is EDWARD R. MCNICHOLAS is a partner in the Washington, D.C., office of Sidley Austin LLP. Edâ??s practice focuses on clients facing complex information technology, constitutional and privacy issues in civil and white-collar criminal matters. He has significant experience with a wide-range of cutting-edge Internet and information law matters involving privacy and data protection, online brand protection, eDiscovery, electronic surveillance, defamation, information security, cloud computing, trade secrets, social media, locational privcy, e-commerce, and national security. The 2007 Computerworld survey of "Best Privacy Advisers" recognized Mr. McNicholas as one of the "Top 25 Privacy Experts" in the country, and Mr. McNicholas and Sidley's Privacy and Data Security practice were selected for Chambers USA: America's Leading Lawyers for Business for 2008 and 2009 as well as Chambers Global for 2010. Ed and I will talk about the U.S. Supreme Courtâ??s recent decision in Quon and how it sheds light on the Supreme Courtâ??s take on electronic discovery. Widely viewed as a punt, the Supreme Court did not talk much about electronic discovery and instead based its decision on whether the 4th Amendment was violated. Ed and I will talk narrowly about the Quon case and more broadly on what the case says about the U.S. Supremeâ??s court appetite and expertise in tackling electronic discovery issues. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/22/10 | Free | View In iTunes |
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CleanLocal Electronic Discovery Tools | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about Friends of E-Discovery, as a local tool to foster best local practices when tackling E-Discovery issues. Back in September well known E-Discovery expert Tom Allman after doing a podcast with Judge Grimm and myself told me about a local networking group called Friends of E-Discovery he had started with Pete Pepiton in Cincinnati, Ohio. At these meetings, local lawyers from in-house and outside law firms would show up and confidentially discuss their issues and ideas on how to better handle records management, legal holds, and e-discovery. I attended one of their meetings as in invited guest and was so impressed that I then set up a similar group in Pittsburgh, Pennsylvania. Our panelists for todayâ??s show include Doug Matthews who set up a Friends of EDiscovery group in Columbus, Ohio and Pete Pepiton who created the idea for Friends of E-Discovery. Doug Matthews is a partner in the Vorys Columbus office and a member of the litigation group. His practice focuses on employment litigation and counseling and electronic discovery matters. Doug has represented both corporate and public entities in a variety of employment-related litigation, including multiple putative class actions. He has also advised a broad range of clients on employment-related matters and on the management and discovery of electronically stored information. Pete Pepiton is an electronic discovery consultant and a member of both The Sedona Conference and EDRM. He has also been facilitating the establishment of Friends of EDiscovery groups in a variety of cities around the country. Listen to why a local group of colleagues who know each other and trust each other can develop better working relationships than can be developed at national seminars and how such a group can result in better E-Discovery education within a local market. Learn how to set up a similar group, what works in a meeting, what doesnâ??t work well, and why this appears to be such a useful tool for tackling e-discovery issues. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/11/10 | Free | View In iTunes |
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CleanAssociates Perspective On Supporting Electronic Discovery Matters | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about E-Discovery from a law firm associates perspective. Listen to Gina Trimarco from McCarter & English in Newark, NJ; Meghan Podolny from Hunton & Williams in Richmond, VA; and Randal Whitlach from Dinsmore & Shohlâ??s in Pittsburgh, PA discuss the associates world in electronic discovery. Issues we will cover include what the career path looks like in electronic discovery, how to handle tough assignments were maybe more resources are required than just a single associate with e-disovery expertise, and how they are used to support electronic discovery matters at their firms. This was a very interesting show from a perspective not covered at most e-discovery conferences. Yet for law firm management, understanding your resources and how to attack the management of electronic discovery matters is of huge importance. It is also useful guidance for associates and law students who want to learn more about the opportunities to build a practice in electronic discovery. I hope you enjoy the show. | 6/4/10 | Free | View In iTunes |
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CleanThe Truth About Metadata by John Rosenthal and Bill Butterfield | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how important or irrelevant metadata is with two e-discovery experts with different perspectives. John Rosenthal is the head of E-Discovery at Winston Strawn and typically on the defense side. Bill Butterfield is a well known plaintiff attorney from the law firm Hausfeld LLP. They are both based in Washington, DC and are well known in national e-discovery circles. This should be a lively discussion as we explore more deeply the burdens metadata productions place on defendants, how much metadata can improve review process instead of leading to a smoking gun piece of evidence which is fairly rare, and other thoughts in this developing area of electronic discovery. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 6/3/10 | Free | View In iTunes |
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CleanThe Legal Hold Battle By Karl Schieneman | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about what really goes through the minds of outside and in-house counsel when it comes time to implement a legal hold and preserve ESI then collect it. A recent informal survey of practicing E-Discovery attorneys and in-house attorneys revealed there might be some differences of opinion on how involved a legal hold should be. This can hamper execution. In this brief episode, I explore the issue and share a tip on how outside counsel might want to approach this delicate problem to start the case off on the right foot. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 5/26/10 | Free | View In iTunes |
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CleanE-Discovery Lawyers Training Other Lawyers Podcast | Listen to Karl Schieneman, Director of Legal Analytics and Review discuss with three different E-Discovery lawyers from three different types of law firms how interact and "coach" other lawyers in their firm on the nuances of E-Discovery. The three lawyers are: Chris Fisher, a partner at Ulmer Berne and based in Cleveland; OH; Therese Miller, Of Counsel with Shook Hardy & Bacon and based in San Francisco, CA; and Rick Lettieri, the creator of a virtual law firm that partners with other lawyers who need E-Discovery expertise they don't have in-house and based in Pittsburgh, PA. This should be an interesting discussion on a topic I don't think anyone else has ever covered before. Especially since many lawyers, and especially litigators, are comfortable they know how to litigate without hand holding. So how is this sensitive topic broached and handled in the world of E-Discovery? We will see how these attorneys handle that issue. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 5/10/10 | Free | View In iTunes |
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CleanAn Overview of Privacy Laws and ESI by Richard Moore | Listen to Karl Schieneman, Director of Legal Analytics and Review with JurInnov talk with Richard Moore, a Cincinnati, Ohio based partner in the labor employment group of Vorys, Sater, Seymour and Pease LLP. In this podcast we will talk about the changing landscape of privacy laws involving ESI including social media, company owned hardware, email accounts, company owned PDA's and other areas where employees blur the line between professional life and personal life. This is clearly a hot topic given the US Supreme Court's decision to hear arguments in the City of Ontario v. Quon case involving text messages on government provided equipment which were sexual in nature. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 5/10/10 | Free | View In iTunes |
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CleanCan You Do E-Discovery By Yourself? by Karl Schieneman | Listen to Karl Schieneman, Director of Analytics and Review discuss a theme which emerged in the recent show on E-Discovery process with John Rosenthal, head of E-Discovery at Winston Strawn. Since we rescheduled the show we were doing this week for next week, I thought I would chime in with my thoughts and observations on this often lost issue as a quasi blog / podcast. It will be a short show but consider it a real ESI "Bite" of ESIBytes. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 5/7/10 | Free | View In iTunes |
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CleanBuilding E-Discovery Work Flow by John Rosenthal | Listen to Karl Schieneman Director of Legal Analytics and Review and John Rosenthal, head of E-Discovery at the AmLaw 100 law firm Winston Strawn discuss how to create an E-Discovery process. Individual components will be discussed as well as the challenges of building process in the middle of a case. For more information about ESIBytes, to present future podcast ideas, or just to ask what I do at JurInnov, please email me at kas(AT)Jurinnov.com. To limit spam email, I substituted (AT) for the @ symbol in my email address. Please update the address accordingly when contacting me via email. | 4/28/10 | Free | View In iTunes |
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CleanScaling and E-Discovery Process by Michael Scott | Listen to Karl Schieneman, Director of Analytics and Review from JurInnov talk to Michael Scott, former head of E-Discovery at Alcoa, Inc and currently a legal consultant focusing on import and export laws as well as electronic discovery, about the challenges of creating a scalable E-Discovery process. It is not difficult for companies in bet the company litigation to create a process to deal with cases. Budget is never an issue and tools can be sources which appear to meet the challenge. When things get interesting is the smaller case. The unique challenges this approach put on an organization as well as what solutions might be will be discussed. | 4/22/10 | Free | View In iTunes |
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CleanLessons on E-Discovery in Canada by Judge Colin Campbell and Susan Wortzman | Canada has offered guidance to the U.S. on alternative healthcare systems and recently schooled us in Olympic Men's Hockey. So it isn't far fetched to talk about how Electronic Discovery is handled in Canada. This is a useful show for legal professionals who might litigate cases in Canada as well as legal professionals who want to hear ideas of what works from our neighbors up North. Their system is far less adverserial and yes there are more privacy laws which differ from U.S. laws. This podcast will include Susan Wortzman from Wortzman Nickle, a well known boutique law firm based in Toronto, Canada which focuses on Electronic Discovery. In addition, Judge Colin Campbell, a participant in the Sedona Conference and one of Canada's most widely recognized speakers on electronic discovery. Join us for this interesting show and to hear this talented panel. | 4/16/10 | Free | View In iTunes |
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CleanLaw School Students on E-Discovery With Judge Grimm and Karl Schieneman | This was a special ESIBytes program with Judge Paul Grimm, Magistrate Judge for the United States District Court of Maryland co-hosting this show with Karl Schieneman, Director of Analytics and Review at JurInnov. We interviewed 8 law students who have been taking electronic discovery courses at three different law schools: The University of Florida, The University of Texas and The University of Alabama. On a number of podcasts we have heard E-Discovery analysts and participants such as Judge Scheindlin and Ralph Losey that law students perhaps represent the future saviors of the Electronic Discovery field. Well now we give a group of students who have been studying this topic in their law schools a chance to weigh in on the topic. How practical is it for the profession to count on this next generation of lawyer to help the profession deal with ESI is one of the topics we will discuss. Also, how valuable is Electronic Discovery as a course offering at a law school will be discussed. You be the judge as we finally give law students a chance to weigh in on a special edition of ESIBytes. If you are interested in getting in touch with the law students or talking to them about employment opportunities, their contact information is below: University of Florida Jared Beckerman - jbeckerman@ufl.edu Rob Davis - robert.davis.jr@gmail.com Andrew Roy - aroy@gmail.com University of Alabama Ryan Tyler - rltyler@gmail.com Justin Ladner - justin.ladner@law.ua.edu University of Texas Joshua Normand - joshuanormand@yahoo.com Lora Beth Turner - lora@mail.utexas.edu Also a special thanks to Ralph Losey, Julie Grantham and Allison Skinner who recruited law students from their E-Discovery classes to make this show possible. | 4/14/10 | Free | View In iTunes |
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CleanAdmissibility Pointers From The Bench Featuring Judges Grimm and Rosenbaum | Listen to Karl Schieneman, Director of Legal Analytics and Review moderate a discussion on issues associated with the admissibility of ESI in litigation from two judges who have stellar backgrounds in this space. More information is upcoming on this special show. | 4/5/10 | Free | View In iTunes |
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CleanPension Commitee, Rimkus Consulting and E-Discovery Appeals by Mike Lackey | Listen to Karl Schieneman, Director of Legal Analytics and Review with JurInnov talk with Mike Lackey, the head of E-Discovery at Mayer Brown, about the split among federal circuit courts on the level of culpability required to result in sanctions in electronic discovery cases. In addition to analyzing this, we will also discuss the practical challenges of appealing any E-Discovery decision and whether common law principles are an effective way to create fluid and evolving guidance for e-discovery lawyers and their clients. | 4/1/10 | Free | View In iTunes |
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CleanConcept Searching Tips By Karl Schieneman | Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about concept searching. This is a special ESIBytes program because Karl is being interviewed by Kelly Twigger from ESI Attorneys. In this program we will talk about how to use concept searching tools, what does concept searching mean to Key Word Searching?, how to use concept searching to really beef up early case assessment, what some of the challenges of using concept searching are, and a variety of other related topics. This should be a very interesting show and its genesis is due to past guests such as Kelly Twigger asking me to do a show on what I focus on in electronic discovery. So now after approximately 70 shows where we have promoted the talents of other people in the E-Discovery field, ESIBytes will for the first time promote what I work on at JurInnov. My quick calculation is this means that we have used 1.4% of our shows to promote our skills at JurInnov and 98.6% of the shows on what our guests specialize in. Thanks again to Kelly for pointing this out and I am looking forward to doing this show tomorrow. Please let me know if you found the show interesting or helpful. Also, don't be nervous about the show turning into a JurInnov advertisement in the future, I have two more shows scheduled with Judge Grimm and one with Judge Rosenbaum coming up in the next three weeks on Admiissibility of ESI and the law students perspective on E-Discovery. | 3/16/10 | Free | View In iTunes |
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CleanShould Law Firms Outsource or Insource E-Discovery Tools? | Listen to Karl Schieneman, Director of Legal Analytics and Review with JurInnov talk with Stephanie Maw, Litigation Support Manager with Cincinnati based Keating Muething and Klekamp, PLL and Chris Olsson, CEO of Cricket Legal Technologies and a former E-Discovery Technology Manager for an Am-Law 20 law firm discuss the complex issues associated with this question. What it takes for a law firm to be able to sustain managing technology in e-discovery, the risks of owning software, when it makes sense, and other issues will be discussed. Because this show was created from San Juan, Puerto Rico on a cell phone, there were a few technical problems with me losing contact with the show which required me to edit part of the show. It was still a very interesting dialogue and the only edits reflected dialogue involving me rejoining the call and asking what had happened while I was off. Like every E-discovery project, things sometimes don't go perfectly. My guests were outstanding and carried on without me for the 5 minutes or so which I lost audio contact. Enjoy. | 2/23/10 | Free | View In iTunes |
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CleanPension Committee Opinion and Legal Holds by John Jablonski | Listen to Karl Schieneman, Director of Legal Analytics and Review talk with John Jablonski, a partner with Goldberg Segalla, LLP and author of & Steps For Legal Holds of ESI and Other Documents discuss Judge Scheindlin's call to action for effective legal holds. We will talk about the case, analyze the major flaws in the plaintiffs legal holds, how pervasive the problem of poor legal holds are, the importance of written legal holds, any unusual fact patterns in this case which might cause this case to be an anomaly, other problems illustrated by the case, and a wrap up with some tips for doing effective legal holds. In addition to being a past guest on ESIBytes, John is also the editor of www.Legalholds.typepad.com. This should be a very interesting podcast. | 2/12/10 | Free | View In iTunes |
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CleanLegal Tech 2010 Live Interviews And Review | This was a unique ESIBytes show as you can listen to me, Karl Schieneman, Director of Legal Analytics and Review go on the road to New York City and interview random guests at Legal Tech 2010 for their opinions on the state of Electronic Discovery and the Legal Tech show itself. The sound quality is okay and at times my editting skills have been tested, but if you have never been to Legal Tech, you will get a sense of the types of people you can run into at the largest legal technology show in the country. In addition, the photograph at ESIBytes.com is from my 45th birthday party which I threw at Legal Tech. I'd like to thank my guests and friends at the party who are Laura Zubulake and Kevin Esposito featured in the photograph, Jim Shook, Peter Vogel, Kelly Twigger, John Collins, Quin Gregor, and David Cohen for attending my birthday dinner, drinking reasonable quantities of my 4th C Electronic Discovery wine, and being such strong supporters of ESIBytes.com over the past year. I hope you enjoy this special ESIBytes show and look forward to getting back to more substantive discussions on electronic discovery in the upcoming broadcasts. | 2/8/10 | Free | View In iTunes |
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CleanHow To Work With E-Mediation and Special Masters in E-Discovery Cases | Listen to this show presented by Karl Schieneman, Director of Legal Analytics and Review present a show with attorneys Allison Skinner from the Birmingham, Alabama based law firm Sirote & Permutt and Peter Vogel, head of E-Discovery with the Dallas office of Gardere Wynne Sewell LLP on e-Mediation and Special Masters. | 1/25/10 | Free | View In iTunes |
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CleanTop 10 E-Discovery Opinions of 2009 | Listen to Karl Schieneman, Director of Legal Analytics and Review with JurInnov and former magistrate judge from New Jersey and well know electronic discovery consultant Ron Hedges recap some of the most significant electronic discovery opinions of 2009. | 1/15/10 | Free | View In iTunes |
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CleanThe Role of Specialization in E-Discovery By Ralph Losey | Listen to Karl Schieneman, Director of Legal Analytics and Review and Ralph Losey, a widely known E-Discovery blogger and partner at the Florida based Amlaw 100 law firm Akerman Senterfitt where he chairs their E-Discovery practice, discuss the evolving role of specialization in electronic discovery. What role do generalists play, when is a specialist required, how specialists can assist in electronic discovery, and how generalists should interact with specialists to make electronic discovery projects go smoother. This should be an interesting show. | 1/12/10 | Free | View In iTunes |
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CleanThe Year In Review - ESIBytes Top Shows Revisited and Summarized | Listen to Karl Schieneman, Director of Legal Analytics and Review with JurInnov discuss key points raised in shows taped over the course of the year. To try and make the show user friendly, I am going to present the materials in the context of the EDRM model and pull snippets out from many of the shows. Hopefully this show will give listeners a sense of the breadth of material covered in 2009 as well as recognition for many of the judges, lawyers and technologists around the country who have contributed their incites on Electronic Discovery for the listeners of ESIBytes. The breadth of material we have covered has been truly incredible. Listen to this show and you will get an interesting overview of how much useful information has been compiled on the ESIBytes podcast site due to the support of so many national experts. 2009 has been a success and we look forward to recording many more useful shows in 2010. To all our listeners, we wish you a healthy and prosperous New Year. | 12/29/09 | Free | View In iTunes |
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CleanThe Case For Cooperation in Electronic Discovery | For the last scheduled show in 2009, Karl Schieneman, Director of Legal Analytics and Review with JurInnov will moderate a discussion between three noteworthy advocates for better cooperation in electronic discovery. If you have ever wondered how cooperation fits into the litigation world, this is a show for you to listen to. Each of the participants sits in different roles in the electronic discovery process and we will explore cooperation principles from their differing perspectives which come to similar conclusions. If both sides do not cooperate on discovery matters when there is substantial ESI involved, all parties run the risk of losing. The outstanding panel we have assembled are The Honorable Andrew Peck from the Southern District of New York, Maura Grossman with the defense oriented law firm of Wachtell Lipton and leading plaintiff E-Discovery lawyer Bill Butterfield with the global claimant law firm Hausfield, LLP. The Honorable Andrew Peck from the Southern District of New York is a well known national speaker in electronic discovery and authored two outstanding opinions on search process - Anti-Monopoly, Inc. v. Hasbro, Inc., 1995 WL 649934 (S.D.N.Y. 1995) and William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Co. 07 Civ. 10639 (LAK)(AJP) (March 19, 2009). Maura Grossman is a defense lawyer from the New York business law firm of Wachtell, Lipton, Rosen & Katz where she focuses her practice on advising lawyers and clients on electronic discovery and information management, both domestically and internationally. She is also the coordinator for the 2010 Legal Track of the National Institute of Standards and Technology's Text REtreival Conference, better known as TREC. Bill Butterfield is a partner with Hausfield, LLP, a global claimants law firm and is also a national speaker in electronic discovery and has put together electronic document management solutions since the early 1990's in multi million page cases before people were even talking about Terrabytes and Pedabytes of information. | 12/21/09 | Free | View In iTunes |
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CleanShould We Be Scared Of Back Up Tapes in E-Discovery? | Listen to Craig Ball, one of the more prolific speakers and writers in E-Discovery, Quin Gregor, the COO of Strategic Data Retention and a pioneer in the field with Back Up Tapes and managing ESI and Jim McGann, a Vice President in Information Discovery with Index Engines and a frequent speaker in the field and Sedona Conference member tackle the topic of back up tapes as moderated as always by Karl Schieneman, Director of Legal Analytics and Review with JurInnov. It used to be that back up tapes were seen in E-Discovery as tools which when looked to could end careers in electronic discovery and add substantial costs to projects. Today technology has improved and costs have come down. Work process has improved to the point where sometimes you might want to go to back up tapes as a first choice. This show will attempt to help those who are not techies have a better sense of what it means if you agree to go to back up tapes. What the pitfalls are and how back up tapes can help you with E-Discovery. | 12/17/09 | Free | View In iTunes |
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CleanE-Discovery From The Trenches - What a Contract Attorney Sees | Listen to a contract attorney discuss what happens on projects, what works, what could be done better. This show is being done to discuss the management of contract attorneys and whether there is room for improvement in this area. | 12/7/09 | Free | View In iTunes |
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CleanThe Relationship Between Effective Records Management and Legal Holds | Listen to Carol Choksy, a nationally known records management consultant and a past President of ARMA based in Indianapolis, Indiana; Robert Dibert, an Electronic Discovery lawyer from the national law firm Frost Todd & Brown based in Louisville, Kentucky and member of The Sedona Conference; and moderator Karl Schieneman, Director of Legal Analytics and Review at JurInnov discuss records management and legal holds. On a past ESIBytes podcast on legal holds, I commented that legal holds strike me as being the "bastard child" of records management because they share so many of the same issues, with the exception that legal holds are done under the cloud of litigation and are sometimes easier to find funding for. Listen to these two experts talk about the these two processes and how to execute on both of them. | 12/3/09 | Free | View In iTunes |
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CleanHelpful Tips for ESI Data Mapping to Reduce E-Discovery Costs | Listen to a John Collins, a Data mapping consultant, Kelly Twigger, a lawyer and E-Discovery consultant, and Karl Schieneman, Director of Legal Analytics and Review give some practical advice on how create a data map to prepare for E-Discovery more efficiently. The first step of the legal hold process is identifying your ESI. Listen to our expert panel describe how to do this effectively and common mistakes that can be made and to avoid. An effective data mapping project can result in reduced e-discovery costs and act as an insurance policy against spoliation charges as an example of a company's good faith efforts to keep track of their ESI for E-Discovery. | 11/20/09 | Free | View In iTunes |
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CleanProportional E-Discovery with Hon. James Rosenbaum and Jonathan Redgrave | Listen to the Hon. James Rosenbaum and Jonathan Redgrave from Nixon Peabody talk about how proportionality is affecting the field of E-Discovery. More information to follow on this show which should be a very interesting episode given Jonathan's depth of experience in the field and Judge Rosenbaum's perspective from the bench. | 11/4/09 | Free | View In iTunes |
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CleanData Mismanagement in E-Discovery by Quin Gregor | Listen to E-Discovery pioneer and data recovery expert Quin Gregor talk about some of the biggest risks in data mismanagement and what to do when you have ESI which "might" be inaccessible. We will discuss back up tapes, flaws in how we store data today, how to evaluate what to store, critical issues in storage retrieval, when you know you have a data storage mess on your hands, what to do about obsolete data, when data is inaccessible, and we will touch on the implications of the cloud. This is a podcast sure to put some people to sleep and cause others tremendous nightmares. | 11/4/09 | Free | View In iTunes |
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CleanE-Discovery of Databases - Plaintiff's and Defendant's Perspectives | Listen to an all-star panel of lawyers and technologists moderated by Karl Schieneman, Director of Legal Analytics and Review with JurInnov. On this show we have: Today we have Karin Roberts from Hall Render a defense oriented law firm in Indianapolis, Indiana, Keith Altman from Finkelstein & Partners, a national plaintiff law firm based in Newburgh NY and Conrad Jacoby, a founder of efficientEDD and a former outside lawyer based in Washington, DC joining us on our show to talk about how to deal with database Electronically Stored Information in E-Discovery. This is an area with a good deal of complexity but database information can often reveal a substantial amount of information in a case. However, how to get at that information can be fairly complex. Now let me introduce the panelists: Karin Roberts has over 12 years of electronic discovery and litigation experience at law firms and in-house legal departments. She is currently a litigation support specialist at Hall Render Killian Heath and Lyman in Indianapolis, Indiana. Prior to joining Hall Render, Karin was the Corporate Electronic Discovery Coordinator for Eli Lilly & Co., developing records management and electronic discovery best practices as well as managing large scale electronic discovery projects. She is a frequent speaker and active in the litigation support industry through her memberships of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1), International Legal Technology Association (ILTA), the Association of Litigation Support Professionals (ALSP), and Women in eDiscovery (WiE). Keith Altman is an attorney with Finkelstein & Partners Mass Tort Department and specializes in pharmaceutical litigation. After consulting on several major pharmaceutical litigations since 1996, Keith was admitted to the Bar of California in 2008. Keith is also an expert in electronic discovery and is the founder of the American Association of Justice Electronic Discovery Litigation Group. He is also a member of Working Group One of the Sedona Conference on electronic discovery and is a member of several drafting teams. Keith has lectured throughout the United States on electronic discovery issues. Keith has a B.S., Magna cum Laude in Astronomy/Physics from the State University of New York at Stony Brook. While there, he worked on several research projects as well as a lab conducting experiments in quantum electronics. Keith has done extensive software development for data analysis and litigation support tools. Conrad Jacoby, founder of efficientEDD, is an attorney and consultant whose practice focuses on technology and its intersection with the law. Over the course of his legal career, he has assisted pharmaceutical and semiconductor manufacturers, petroleum companies and engineers, and several pioneering internet-based companies in transactional, intellectual property, and litigation matters. He is active in the legal community, serving as Founding Chair of the E-Discovery Committee of the District of Columbia Bar Association Litigation Section, Chair of the DC Bar's Listserv and Electronic Communications Task Force, and as a member of the Defense Research Institute's Technology Committee. He has served on the editorial board of the Sedona Conference Working Group on Electronic Document Retention andProduction. Mr. Jacoby is a frequent speaker on e-discovery, litigation support, and information management topics. He lectures both in the United States and abroad on topics concerning information management and technology. His articles have appeared in numerous national publications, including Law Technology News, LJN�¢�?�?s e-Discovery Law & Strategy, For the Defense, and online at law.com and llrx.com, where he contributes a monthly �¢�?�?E-Discovery Update.�¢�?�? What is unique about this show is it can turn into a bit of a debate because we have both plaintiff and defense oriented experts on this show. From bot | 10/23/09 | Free | View In iTunes |
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CleanLegal Malpractice and Other Risks with EDiscovery by Ron Hedges | Listen to former New Jersey Magistrate Judge and E-Discovery consultant Ron Hedges and David Kramer, Vice President and Practice Leader for Lawyers Professional Liability with Oswald Companies, a, large, national insurance brokerage firm based in Cleveland, Ohio. The panel will start by discussing what is legal malpractice then discuss different types of fact patterns which have occurred in the world of E-Discovery and whether they might rise to the level of malpractice risk. | 10/12/09 | Free | View In iTunes |
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CleanThe State of E-Discovery by George Socha | Listen to the well known E-Discovery Consultant George Socha and co-author of the influential Socha-Gelbmann E-Discovery Survey discuss what their survey is indicating and where George thinks the industry is heading. This is a great opportunity to learn from someone who has a good perspective on the industry. | 10/2/09 | Free | View In iTunes |
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CleanE-Discovery and Antitrust Law by Jeane Thomas | Listen to Jeane Thomas, Chair of Washington, D.C. based Crowell & Moring's E-Discovery and Information Management Group and a partner in Crowell & Moring's Antitrust Group along with moderator Karl Schieneman, Director of Legal Analytics and Review with JurInnov discuss how Electronic Discovery and Antitrust law are often synonymous. In her role with the E-Discovery practice, Ms. Thomas has managed many types of E-Discovery matters in both government investigations and private litigation. She regularly counsels clients on Litigation Readiness Planning, including the development and application of effective document/data retention policies, legal hold practices, and corporate content policies, as well as E-Discovery response plans. Ms. Thomas is a participating member of the Sedona Conference Working Group on E-Discovery, and co-chairs the Working Group's Healthcare Team. She is also a member of the Advisory Board and Faculty of the Georgetown University Law Center Advanced Institute for E-Discovery. She regularly speaks and writes on E-Discovery issues. Ms. Thomas is engaged in all types of antitrust representations, including mergers and joint ventures, class and individual civil litigation, and civil and criminal government investigations. She also counsels clients on a broad range of antitrust issues, including intellectual property and licensing issues, trade association law, the Hart Scott Rodino Act, and pricing and distribution issues. She has focused extensively on the telecommunications, technology, chemicals and healthcare/pharmaceuticals industries. Currently, Ms. Thomas is involved in counseling clients on a broad range of merger and joint venture issues. These representations include major transactions in the telecommunications, chemicals, electronics and metals industries. She played a principal role in Cingular Wireless' acquisition of AT&T Wireless, SBC's acquisition of AT&T, and AT&T's acquisition of BellSouth. Topics we will discuss include where E-Discovery impacts Antitrust law the most, whether the Collaboration Proclamation being pushed by The Sedona Conference and cited in the Mancia case works in Antitrust cases, how system data such as accounting data is compiled and produced and other tips based on Jeane's experience in the field as a thought leader. Join us to listen into another of ESIBytes practice area shows to learn how E-Discovery intersects with a discrete area of law. | 9/25/09 | Free | View In iTunes |
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CleanEDiscovery and Family Law by David Pollock and Barry Gummow | Listen to Pittsburgh based family law attorney David Pollock and Cleveland based forensic expert Barry Gummow from JurInnov, discuss how E-Discovery can impact a family law case. David has given live presentations with me in the past on electronic discovery and I look forward to bringing him onto ESIBytes to share his insights with a national audience into how Electronic Discovery impacts family law cases. David Pollock is a founding member of the Pittsburgh law firm of Pollock Begg Komar Glasser LLC. He was a judicial law clerk for the Honorable Maurice Louik, Court of Common Pleas of Allegheny County, and an associate in a general practice law firm. Thereafter he established his own law firms in metropolitan Pittsburgh, which he maintained until joining Reed Smith Shaw & McClay, LLP as a partner and head of its Matrimonial Law Group. Mr. Pollock is a Fellow of the International Academy of Matrimonial Lawyers, a Fellow of the American Academy of Matrimonial Lawyers, Treasurer of the AAML Pa Chapter, Past Chair of the Pennsylvania Bar Association Family Law Section, Chair of the Allegheny County Bar Association Family Law Section, Master Emeritus of the Pittsburgh Chapter of the Matrimonial Inns of Court, member of the ABA Family Law Section and Editor-in-Chief of the Pennsylvania Family Lawyer. He is a frequent lecturer, author, moderator and course planner for the PBA, PBI, ABA, ACBA, AICPA and CCAC on a variety of family law topics. He is currently listed in the Best Lawyers in America, Naifeh & Smith, Pennsylvania Super Lawyers and Preeminent Lawyers in Martindale Hubbel. Mr. Pollock is the Co-Course Planner/Co-Editor of the award-winning PBI manual and workshop: Drafting Marital Settlement Agreements. Mr. Pollock received his B.A. in 1970 from Pennsylvania State University and his J.D. in 1974 from the Duquesne University School of Law. Barry Gummow is a forensics expert with JurInnov. Before joining JurInnov, he worked with the FBI in Cleveland as a forensics expert. | 9/15/09 | Free | View In iTunes |
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CleanRule 502 Are We There Yet? by Judge Paul Grimm and Tom Allman | Today we tackle the vexing world of waiving privilege with ESI with two outstanding panelists and moderated by Karl Schieneman, Director of Legal Analytics and Review at JurInnov. Privilege waiver and the challenges faced with ESI have been tackled in a number of high profile cases by one of our panelists Judge Grimm and written about by Tom Allman JUDGE Paul Grimm serves as a full time Magistrate Judge for the United States District Court for the District of Maryland. He was appointed in February 1997. Additionally, Judge Grimm is an Adjunct faculty member of the University of Maryland School of Law, where he teaches trial evidence, pretrial civil procedure, and scientific evidence. Judge Grimm is a frequent lecturer at CLE programs on issues regarding evidence and civil procedure, and has published several books and numerous articles on these topics. Mancia v. Mayflower Textile Services & the Cooperation Proclamation; Victor Stanley, Inc. v. Creative Pipe and the need to explain why search terms are being created when privileged materials were disclosed to the other side; Markel American Insurance Co on admissibility and authentication ESI; and Hopson v. Mayor of Baltimore on the complications of privilege waiver with the disclosure of privileged or work product ESI between different state jurisdictions which still need to be addressed and now have by Rule 502. TOM ALLMAN, is a former partner at Taft, Stettinius & Hollister and, from 1993 to 2003, General Counsel of BASF Corporation, is one of the Editors of the Sedona Principles (2nd Ed. 2007) and currently co-chairs the Steering Committee of the Sedona Conference® Working Group on Electronic Discovery and Document Production (â??WG1â??). He is also one of the editors of the PLI Electronic Discovery Deskbook (2009). He was an early advocate of the need for e-discovery amendments to the Federal Rules of Civil Procedure, including what became Rule 37(e) (the â??safe harborâ?? amendment). He has published numerous articles on E-discovery and Corporate Compliance and is a frequent speaker on related topics. He is a graduate of Yale Law School and resides in Cincinnati and New York City. He also has written and given presentations nationally on Rule 502. In this podcast, we cover an Overview of the Rules, Constitutional Issues, Ethical Issues for attorneys caused by the implementation of the Rule, the practical issues associated with disclosure, grey areas between state courts and federal courts, the impact on privilege, and costs issues with privilege review. Rule 502 is still a new Rule with very few decisions interpretting it on the books. However, it offers some great hope for litigants to protect themselves down the line from waiving privilege when reviewing large amounts of ESI. This was a very interesting podcast to do and I hope you find it helpful in understanding Rule 502. | 9/4/09 | Free | View In iTunes |
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CleanQuestions a Company Should Know About Records Management by Tom Smith | Listen to K & L Gates partner Tom Smith and Karl Schieneman, Legal Analytics Director at JurInnov discuss questions every company should know the answers to about their records management practices. Tom Smith has practiced at K&L Gates since 1987 and is a partner in the firm's Pittsburgh office. He is a contributing author in a PBI Press book called eDiscovery published in September, 2008. He concentrates his practice in the area of complex commercial litigation. He is a founding member of the firm's e-Discovery Analysis and Technology (e-DAT) Group, and regularly counsels clients in matters involving complex records preservation and collection issues, litigation "holds," e-discovery, and records management and retention policies. He also regularly speaks at national and regional conferences on records management and e-discovery issues. In this podcast we deal explain why the answers to the following questions must be answered by in-house attorneys: 1) Who is involved in establishing an E-Discovery ready records management program or process? 2) Does the company have records management policies? 3) What are the company's procedures regarding record holds? Are certain employees assigned specific responsibilities regarding records holds? What responsibilities would they be? What is the best way to let company employees know about a record hold? 4) Does the company use any e-mail archiving, journaling and/or other system(s) that retains e-mail messages apart and beyond what individual users may retain them? 5) To what extent is the business use of portable electronic media (such as laptops, thumb drives, and discs) allowed, monitored, and/or limited by the company? 6) To what extent is the business use of instant messaging and text messaging allowed, monitored, and/or limited by the company? 7) To what extent is the business use of electronic bulletin boards, web logs, and social networking sites allowed, monitored, and/or limited by the company? 8) What "legacy" systems and media exist at the company that may still contain electronically-stored information? 9) What are the company's policies and practices with regarding to the creation of, the restoration of data from, and the disposal or recycling of backup tapes? 10) Are any records being stored in off-site locations? What records management practices are being followed with regard to these company records in off-site locations? 11) Are any third parties responsible for managing records on behalf of the company? What records management practices are being followed with regard to these company records in the hands of third parties? 12) When an employee departs the company, what steps does the company take to ensure the proper management of records once managed by that departed employee? 13) When an acquisition is completed, is records management process put into place? Any suggestions? This is a useful podcast for in-house employees and lawyers who seek to minimize the potential pain from electronic discovery by taking some up front steps. | 9/2/09 | Free | View In iTunes |
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CleanHow To Shop For Electronic Discovery Services by Brett Burney | This show might be more accurately described also as how not to shop for electronic discovery services. Listen to a leading electronic discovery and legal IT consultant provide a framework for this important issue which law firms and company's both face. What should you look for? When is price the most important issue? How to reference check? When comparing price can turn into an apples and oranges comparison. These and other issues will be discussed. | 8/24/09 | Free | View In iTunes |
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CleanTips & Info About The ESIBytes.com Website by Karl Schieneman | Listen to Karl Schieneman, the moderator and creator of ESIBytes.com address the fact that late August seems to be the hardest time to schedule guests for Electronic Discovery Podcasts, I thought I would do a show and talk about how I use the website in my own electronic discovery practice, why we changed the look and feel of the website, and a call out to listeners to propose topics and guests on the show. This should be a short show but it gives me a chance to spend 10 minutes or so and give listeners a chance to reflect on what I think about the show as we approach our 50th episode. | 8/19/09 | Free | View In iTunes |
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CleanAccounting Auditing Techniques Applied to E-Discovery By Gary Schieneman | Listen to former FASB member Gary Schieneman and Sisterson & Company CPA, Robert Overbaugh, discuss how auditors use tools such as audit programs, statistical sampling and other tools to provide reasonable assurances that financial statements are not materially misstated. Some of these techniques can be applied to electronic discovery. We will discuss these ideas to see if lawyers can learn from accountants how to more effectively evaluate the sometimes staggering amounts of ESI which need to be evaluated in many electronic discovery heavy cases. | 8/11/09 | Free | View In iTunes |
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CleanFirst Time E-Discovery Clients - Monica Latin, Kevin Toner & Greg Krabacher | Listen to an all-star panel of attorneys who lead electronic discovery practices from a collection of leading regional and national law firms discuss how to hand hold a client who is experiencing electronic discovery litigation for the first time. The all-star panel we have assembled is well versed in this issue. Monica Latin chairs Dallas, Texas based Carrington Coleman's business litigation practice. Ms. Latin is a frequent speaker on litigation issues. She is actively involved in the Working Group on Electronic Document Retention and Production of The Sedona Conference® and is a member of the advisory board for the Georgetown University E-Discovery Institute. She was also a member of The Sedona Conference® Working Group Series on Protective Orders, Confidentiality and Public Access. Monica Latin handles trials, arbitrations, and appeals throughout the country, including commercial disputes, professional liability, construction litigation, fiduciary obligations, insurance litigation, employment law, and trade secret litigation. She has extensive experience advising clients concerning issues relating to the hiring and departure of employees, including covenants not to compete and misappropriation. Kevin Toner is the Chair of Indianapolis, Indiana based Baker Daniels' Technology Subcommittee. He is one of Baker & Daniels' experts on electronic discovery disputes, practices, and procedures. Kevin has created and managed multi-million page document reviews and electronic data production projects, and he is well versed in computer and Internet forensic issues. Kevin has led sensitive internal investigations for large international corporations in the insurance and pharmaceutical industries. He also regularly counsels clients about their document and electronic information retention practices. Kevin Toner is an experienced trial lawyer. He frequently defends premises owners in asbestos personal injury cases. Kevin has successfully completed lengthy jury trials in Indiana and Illinois personal injury cases. He currently manages our clientsâ?? defense of hundreds of asbestos cases pending in trial and appellate courts in the Midwest. He has handled citizenâ??s suits, nuisance claims and other toxic tort lawsuits. Gregory Krabacher is a Bricker & Eckler attorney based in Columbus, Ohio practicing in the litigation group. His practice emphasizes intellectual property litigation and prosecution, including representing clients on patent, trademark, copyright, and trade secret matters. He also regularly counsels clients on electronic discovery issues and he is editor and contributor to the Bricker & Eckler eDiscoTECH blog and newsletter. E-Discovery: Represents clients in disputes over electronic discovery and advises clients on their preservation and production obligations; assists clients in litigation readiness programs. Greg's E-Discovery practice involves representing clients in disputes over electronic discovery and advising clients on their preservation and production obligations; and assisting clients in litigation readiness programs. Greg is a member of The Sedona Conference Working Group on Electronic Document Retention and Production. Prior to becoming an attorney, Greg worked as an Information Technology Consultant with Accenture from 1998 to 2002, and participated in the design, build, and roll-out of major software initiatives for large corporate and governmental clients nationwide. Listen to this panel discuss: 1. The biggest challenges on working with new clients in E-Discovery. 2. Records Management readiness for first time clients. 3. Getting new clients to understand the importance of a litigation hold? 4. Is getting access to internal IT people harder with new clients? 5. How do they deal with cost concerns with new clients? 6. Is it typical for a new client to want to do as much possible in house as possible? 7. For the clients that do want to work in-house, does that cause you bigger concerns about changi | 8/6/09 | Free | View In iTunes |
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CleanEDiscovery Tips for IP Litigation by Mark Michels & Ed Rippey | Learn E-Discovery tips related to IP Litigation from Cisco attorney Mark Michels and Covington & Burling partner Edward Rippey. Both of these attorneys are active in the world of IP litigation and electronic discovery. Check back for more details about the specifics of this show. | 8/3/09 | Free | View In iTunes |
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CleanEDiscovery Lessons From Dedicated Review Teams By Matt Clarke | Listen to Matt Clarke a shareholder and member of the Ryley Carlock & Applewhite's Document Control Group and Karl Schieneman, Director of Legal Analytics & Review at JurInnov as moderator, as they discuss working with dedicated review spaces for staffing electronic discovery projects. Matt is the co-founder of Ryley Carlock & Applewhite's Document Control Group where he coordinates and leads project management for all e-discovery and document review projects in Phoenix, Arizona. Matt has spearheaded the firm's effort to respond to emerging demand in the marketplace for cost effective, efficient, and quality driven litigation support services. Matt is actively involved in and speaks regularly on e-discovery issues. He also acts as co-counsel and serves as coordinating e-discovery and litigation support services counsel for law firms and corporate clients. Karl Schieneman is the former owner of Pittsburgh, PA based contract attorney company Legal Network and was a Vice President at at the national staffing firm of Special Counsel after they acquired Legal Network in 2004. Now on the technology side of electronic discovery with JurInnov, he is nonetheless actively involved in the launching of JurInnov's dedicated review space in Cleveland as well as developing analytical review tools. Karl will add some commentary based on his experiences in the staffing world. The program will discuss issues associated with the human side of electronic discovery such as metrics, the differences between different review tools, rewarding good review work, quality control processes, and strategies as well as risks to avoid when building a review team for an electronic discovery project. | 7/31/09 | Free | View In iTunes |
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CleanElectronic Discovery and Medical Records by Karin Roberts | Listen to Karin Roberts, a litigation support specialist based in Indianapolis, Indiana with the law firm of Hall, Render, Killian, Heath & Lyman, P.C. Prior to joining Hall Render, Karin worked in electronic discovery and electronic records management with Eli Lilly and has been active in The Sedona Conference. In this program we will discuss generally what electronic discovery is and how effective records management impacts e-discovery. We will then delve into the unique issues facing hospitals and other healthcare organizations as they implement electronic records management programs to get a better handle on delivering health care solutions to patients. With these efforts come more exposure to the world of electronic discovery. Of course, hospital records have the added complexity of privacy protections such as HIPPA and other state laws. There are also a number of complex database issues. This should be a very interesting podcast and one of the first programs in the country analyzing this topic. | 7/15/09 | Free | View In iTunes |
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CleanEvaluating Search and Retrieval Tools by Michael McGuire and Adam Cohen | Listen to Michael McGuire, E-Discovery Counsel at Am Law 100 law firm Littler Mendelsohn and based in Minneapolis, MN and Adam Cohen, Sr. Managing Director - Technology in the New York office of FTI's Technology Consulting practice discuss the differences between various search engines for E-Discovery. Listen to these two experts as they wade into a field where only angels will tread occuring to Judge Facciola. This show will generally discuss the different types of search tools that are out there and why they all operate differently. We will discuss some fairly granular issues which the unwary might not notice when relying on a search engine to find everything. This should be a very interesting show. | 7/1/09 | Free | View In iTunes |
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CleanElectronic Discovery in Bankruptcy Cases by Jeffrey Ritter & Bob Bernstein | Many bankruptcy attorneys are concerned about the efficiency of their process. By definition, at least the debtor has limited funds to pay for an engagement. This impacts the creditors who may not see a full recovery on their claim. As a result, many bankruptcy practitioners are leery of spending any resources on electronic discovery. This podcast was created to share the experiences of Bob Bernstein, a bankrupcty practitioner in Pittsburgh, PA and Jeffrey Ritter, an electronic discovery consultant from the Waters Edge who has just written a book on electronic discovery and the bankruptcy process. Learn how using todays automated search tools may be the only way to uncover fraudulent conveyances and to determine the financial maneuvering of the debtor. What works and what you should be concerned about before embarking on electronic discovery in a bankruptcy case. | 6/26/09 | Free | View In iTunes |
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CleanNavigating Web 2.0 and Electronic Discovery By Jim Shook and Ron Hedges | Listen to Jim Shook, a technology attorney with EMC Corporation and Ron Hedges, an electronic discovery consultant, discuss some of the Web 2.0 concerns Jim and Ron are hearing from clients and potential clients. Jim will discuss a practical framework for embracing new technology. Ron will rely on his background as a former magistrate judge in the field to help with the legal framework. | 6/25/09 | Free | View In iTunes |
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CleanElectronic Discovery in Everyday Cases by Sharon Nelson and John Simek | Listen to Sharon Nelson and John Simek, the corporate officers of Virginia based Sensei Enterprises discuss the practical side of electronic discovery. This podcast could be seen as the nuts and bolts accompaniment podcast to the first podcast we did with Judge Facciola and Tom French which tried to explain why solo practitioners who litigate need to learn about electronic discovery. Sharon D. Nelson, Esq. and John W. Simek, are the founders of Sensei Enterprises and acknowledged experts in the field of forensics and electronic discovery. They are often on the road educating audiences across the country about technology issues for the legal profession, including the value of computer forensics. They have also written articles about technology and the law for many publications, and even co-authored three books: The Electronic Evidence and Discovery Handbook (ABA, 2006); Information Security for Lawyers and Law Firms (ABA, 2006); and The 2008 Solo and Small Firm Legal Technology Guide: Critical Decisions Made Simple (ABA, 2008). Ms. Nelson is the past President of the Fairfax Bar Association, a Director of the Fairfax Law Foundation, and past chair of the American Bar Associationâ??s TECHSHOW Board. She is the chair of the ABA Law Practice Management Publications Board and currently serves on the Governing Council of the ABA's Law Practice Management Section. She is a member of ARMA's E-Discovery Advisory Board, the ABA's Advisory Panel, the governing Council of the Virginia State Bar, and a graduate of Leadership Fairfax. | 6/23/09 | Free | View In iTunes |
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CleanProject Managing Electronic Discovery By Karl Schieneman and Brett Burney | Listen to Cleveland, Ohio based E-Discovery consultant Brett Burney and Pittsburgh, Pennsylania based Karl Schieneman from JurInnov discuss project managing electronic discovery and cover material from a chapter in a book I wrote for PBI on Project Managing E-Discovery? It will be nice to step out from behind the desk a little bit on a podcast and Brett and I will be co-hosting this show or having a 2 way discussion on this topic which we both believe is critical to doing projects better and more cost effectively. | 6/22/09 | Free | View In iTunes |
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CleanInnovative Ways to Approach Privilege Logs by Judge Facciola | Listen to the Honorable John Facciola and Meghan O'Donnell, an associate at the Am Law 100 law firm Hunton & Williams LLP and the author of Alternative Privilege Log Techniques in an E-Discovery World tackle the sink hole of time called the Privilege Log. Listen to this frank discussion on the abuses which occur when privilege logs are assembled and the wasted resources. Listen also to some tips on how to improve the process. | 6/16/09 | Free | View In iTunes |
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CleanSearch & Retrieval Tips from the Bench by Hon. Paul Grimm & Tim Opsitnick | Listen to Magistrate Judge Paul Grimm and Tim Opsitnick discuss some of the current trends in evolving electronic search and retrieval beyond key word searches and this trend appears to be getting support from the bench. Judge Grimm is the author of many of the most widely recognized electronic discovery opinions including, Hopson v. Mayor & City Council of Baltimore, 232 F.R.D. 228 (D. Md. 2005) - guidance on privilege waiver; Lorraine v. Markel American Insurance, 2007 WL 1300739 (D. Md. May 4, 2007) - guidance on authenticating ESI; Mancia v. Mayflower Textile Services Co., 253 F.R.D. 354 (D. Md. 2008) - supporting a more collaborative model in E-Discovery; Victor Stanley Inc. v. Creative Pipe Inc., 250 F.R.D. 251 (D. Md. 2008) - guidance on key word searching. Tim Opsitnick is a techologist and an attorney having managed large scale and complex litigation at an AmLaw 100 law firm and then forming JurInnov, in 2000, a technology company focussed on assisting attorneys. In this episode we talk about the evolution of search and retrieval from the 10,000 foot perspective, the importance of documenting what you do, how experimenting plays a role in search and retrieval, how common law supports changing the model for search and retrieval and some of the flaws in the current search and retrieval model. | 6/9/09 | Free | View In iTunes |
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CleanLessons From Qualcomm by Michael Lackey | Listen to Michael Lackey, co-chair of Am Law 100 law firm Mayer Brown's Electronic Discovery Group discuss the impact the Qualcomm case has had, and continues to have on the legal profession. Michael Lackey focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in state and federal proceedings, including multi-district and class action litigation, government contract disputes, and appeals. Mike also has represented defendants in numerous grand jury proceedings and governmental investigations. He is nationally recognized for his knowledge of electronic discovery issues and is a member of the Board of Advisors to the Georgetown University Law School Advanced E-Discovery Institute, co-chairs the firm's Electronic Discovery and Records Management Practice, and also chairs the firm's Automated Practice Support group. In addition, Michael is an award-winning adjunct professor of advanced appellate advocacy at the George Washington University Law School. | 6/8/09 | Free | View In iTunes |
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CleanEarly Case Assessment in Electronic Discovery by Kevin Esposito | Listen to one of the true pioneers in electronic discovery talk about how to approach electronic discovery cases with a process. Any good card player knows when to bet big and when to fold. Electronic discovery intensive matters require some analytical structure to know when it makes sense to pursue a case. The facts of the case should be assessed carefully as opposed to making decisions from the gut. Listen to Kevin Esposito explain how he counsels his clients to approach these matters. Kevin Esposito is one of the original 35 members of the influential EDRM group. He has held prominent electronic discovery positions at Pfizer and UPS. Currently he is the Director of Electronic Discovery at MetaJure. | 6/2/09 | Free | View In iTunes |
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CleanRecords Management Tips - Practical Advice from Carol Choksy | Listen to past President of ARMA, Carol Choksy discuss why records management can be challenging to set up from the 10,000 foot level. Carol has written books on the topic of Records Management, has several national research studies completed and in the works, and has appeared with me on past BNA Digital Discovery and e-Evidence programs which I produced. She brings a good dose of common sense to the field of records management and a wealth of knowledge. She is a consultant in the field for large and midsize companies and also is an adjunct professor at the University of Indiana, Bloomington. | 5/28/09 | Free | View In iTunes |
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CleanThe Status of Meta Data Case Law by Shannon Kirk | Listen to Am Law 100 law firm Ropes & Gray's E-Discovery Counsel Shannon Capone Kirk talk about the state of law for Meta Data in electronic discovery. Meta Data is essentially the finger prints which all electronic records have. Who created the file, the date it was created, changes to the records, are just a few examples of Meta Data. Often times, Meta Data itself can be the smoking gun in a lawsuit when retrieved in a defensible manner and examined properly. Shannon Capone Kirk is Ropes & Gray's E-Discovery counsel. Her practice is focused on E-Discovery law, built upon her complex commercial litigation (with particular emphasis on mass tort litigation), multi-district litigation, product liability, trade secret, and contract dispute experience. Shannon has litigated cases in state and federal courts across the country, and has represented Italy-based clients conducting business in the United States. | 5/19/09 | Free | View In iTunes |
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CleanWhat Is Concept Searching by Herb Roitblat | Listen to Herb Roitblat, Ph.D., EDI Chairman & Principal, OrcaTec LLC and former owner and creator of Dolphin Search discusses search and retrieval issues in electronic discovery. We will focus this podcast on what exactly is concept searching. Lots of tools say they are concept searching. What does this mean? What are the ranges in concept searching? How do you effectively do concept searching? These and other issues will be address by Herb Roitblat. | 5/18/09 | Free | View In iTunes |
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CleanElectronic Discovery in Employment Law Cases by Douglas Towns | Listen to Doug Towns, a partner at the Am Law 100 law firm Jones Day talk about the different ways which electronic discovery can impact employment cases. Doug is a member of the Labor & Employment practice group of Jones Day as well as the e-Discovery group. He is based in Atlanta, Georgia. We will be discussing in the context of electronic discovery: (1) Harrasment and Discrimination cases, (2) Wage and Hour Cases, and (3) Missing Intellectual Property. | 5/12/09 | Free | View In iTunes |
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CleanThe Ethical Obligations in Electronic Discovery by Ralph Losey | Hear Ralph Losey discuss ethical issues within the field of electronic discovery. Ralph Losey is a nationally recognized electronic discovery blogger and a shareholder in the Orlando office of Akerman Senterfitt and Co-Chair of Akermanâ??s e-Discovery Team since 2006. Ralph Losey is a frequent author in the field of electronic discovery. He has written the ABA's two best selling books on electronic discovery: e-Discovery: Current Trends and Cases, American Bar Association (2008) and recently Introduction to e-Discovery: New Cases, Ideas and Techniques (2009), and a law review article on the mathematics underlying e-discovery: HASH: the New Bates Stamp, 12 Journal of Technology Law & Policy, 1 (June 2007). He is also the author of a popular weekly blog on e-discovery, e-Discovery Team Blog,, which averages over 150,000 visits per year (http://ralphlosey.wordpress.com). In addition, Ralph Losey helped on a previous ESIBytes podcast with Judge Scheindlin on March 18th on law school curriculums and electronic discovery. Ralph Losey is an adjunct professor at the University of Florida School of Law where he teaches a course on electronic discovery. | 5/11/09 | Free | View In iTunes |
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CleanSeven Steps For An Effective ESI Hold by John Jablonski | Listen to attorney John J. Jablonski, a partner at the law firm Goldberg Segalla, LLP based in Buffalo, New York, discuss the Seven Steps for an Effective ESI Hold. John concentrates his practice on commercial and business litigation, construction litigation, product liability litigation, and railroad litigation. He has extensive experience defending large class one railroads in hundreds of FELA claims involving occupational exposure and traumatic injuries. He has 14 years of litigation experience and has tried numerous cases to verdict in State and Federal Courts. He has successfully briefed and argued appeals to the Appellate Division, Fourth Department. John is currently the Chairman of USLAW NETWORK's Electronic Discovery Practice Group. USLAW NETWORK is a national organization composed of 59 independent member firms in 43 states with over 3,500 attorneys. John is also the Chairman of the NARTC's National E-Discovery Committee. He is a frequent presenter and author on electronic discovery, electronic evidence investigation and preservation, best practices for corporate legal hold guidelines, and implementation of legal holds. He is publishing a book shortly with ARMA International on Legal Holds and has a blog at www.legalholds.typepad.com. | 5/6/09 | Free | View In iTunes |
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CleanTop 10 EDiscovery List For Plaintiff Lawyers by Ariana Tadler | Ariana J. Tadler has been a partner at Milberg LLP since January 2001. She has extensive experience litigating complex securities class actions, including high profile, fast-paced cases. She is also widely recognized as a specialist in electronic discovery. In this podcast, Ariana Tadler will be discussing under the umbrella of Rule 26(f), the Meet and Confer rule, how to deal with issues pertaining to preservation from the plaintiff or requesting parties perspective as well as the form of production. She will present an array of tips to make the process work easier both for her clients and to faciliate a collaborative discovery process. Ariana Tadler is often the only plaintiff lawyer present at national electronic discovery conferences and is well known as a national expert in the field. Ms. Tadlera's accomplishments include litigation of three cases in the Eastern District of Virginia (a/k/a the Rocket Docket) in less than four years, including in re MicroStrategy Securities Litigation, in which plaintiffs' counsel negotiated settlements valued at more than $150 million. Ms. Tadler is one of the principal plaintiffs liaison counsel in the Initial Public Offering Securities Litigation, which is pending before Judge Shira A. Scheindlin in the United States District Court for the Southern District of New York. Among the thousands of defendants in these actions are 55 prominent investment banks and more than 300 corporate issuers. Ms. Tadleras peers have rated her AV for her legal ability, the highest rating available in Martindale-Hubbells peer review rating system. In 2007, Ms. Tadler was recognized as one of Lawdragons 3,000 leading plaintiffs lawyers in the United States. Ms. Tadler is co-chair of The Sedona Conference Working Group on Electronic Document Retention and Production, which authored the 2007 treatise entitled Best Practices & Principles for Addressing Electronic Document Production. Ms. Tadler has been a chair of or speaker at numerous national and international lectures and seminars. Ms. Tadlers most recent speaking engagements include: Federal Bar Council - 2009 Winter Bar & Bench Conference: Evidence, E-mails, Electronic Discovery (February 2009); Georgetown Law Advanced E-discovery Institute: �¢??Protecting Privilege�¢?? (November 2008); West Legalworks - 12th Annual Electronic Discovery Records Retention Conference: Information and Knowledge Management: Getting Your Electronic House in Order Before Litigation Strikes (October 2008); American Bar Association 2008 International Fall Meeting: Back Away from the Send Button on that Instant Message: Cross-Border Data Transmission Conflicts and Emerging Technologies�¢?? (September 2008); American International Group 21st Annual Producer Conference: D&O Roundtable Discussion (September 2008); The Practitioners Panel at Georgetown University Law Schools Federal Judicial Center E-Discovery Training Program for Federal Judges (June 2008). | 5/5/09 | Free | View In iTunes |
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CleanWhat To Do If A Judge Lets You Down In An E-Discovery Case by Ken Withers | This topic is often discussed at E-Discovery conferences but seldom presented. Listen to this brave panel of attorneys and nationally known educator of judges on electronic discovery principles, Ken Withers, as they tackle this topic. Some general war stories these attorneys have heard from their colleagues over the years will be shared. The goal of this podcast is to offer constructive advice for judges and lawyers on what can go wrong from the defense perspective when a judge comes down too hard on them. The panelists are: (1) Steven Badger a member of the Bose McKinney & Evans Litigation Group in Indianapolis, Indiana; (2) Cecil Lynn of Ryley Carlock & Applewhite's nationally recognized Document Control Group based in Phoenix, Arizona; and (3)Ken Withers, the Director of Judicial Education and Content for The Sedona Conference®, an Arizona-based non-profit law and policy think-tank which has been on the forefront of issues involving complex litigation, intellectual property and antitrust law. Some third party war stories will be shared and then the panel will dive into where the issues are most often felt and what some of the solutions to this problem are. | 4/28/09 | Free | View In iTunes |
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CleanBeyond Key Word Searching in Electronic Discovery With Jason R. Baron | Listen to Jason Baron, the National Archives Director of Litigation give his personal views on better search and retrieval methods. Jason will point out the flaws in key word searching Jason has been an active member of the Sedona Conference and he is a frequent speaker and writer on this topic. Professionally, Jason Baron has served as the National Archives' Director of Litigation since May, 2000. In this position he is responsible for overseeing all litigation-related activities confronting the National Archives, including complex Federal court litigation involving access to Federal and Presidential records in the National Archives' custody. | 4/28/09 | Free | View In iTunes |
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CleanThe Top 10 Ways to Reduce Costs of Electronic Discovery by David Cohen | Listen to Kirkpatrick & Lockhart Gates attorney David Cohen, discuss 10 ways companies can reduce the costs of electronic discovery. Mr. Cohen is a partner in K&L Gates where he co-chairs the firm's e-Discovery Analysis & Technology (e-DAT) Group. Mr. Cohen has over 25 years of commercial litigation experience in a variety of subject matters. He is a frequent national speaker on electronic discovery, using technology in litigation and electronic records management. | 4/20/09 | Free | View In iTunes |
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CleanThe Critical Role of Preservation in an Electronic Discovery by David Ries | Listen to attorney David Ries describe the oft missed importance of requesting that your adversary preserve their electronic data. How to do this effectively, why it is important and attorneys can mess this step up. Mr. Ries chairs Pittsburgh based Thorp Reed & Armstrong's Technology Committee and E-Discovery and Records Management Group. He frequently speaks and writes for legal, educational, and professional groups, including the Energy & Mineral Law Foundation, American Bar Association, Association of Corporate Counsel, Pennsylvania Bar Institute, and Carnegie Mellon University. | 4/20/09 | Free | View In iTunes |
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CleanTop 10 Electronic Discovery Issues for Corporate Counsel By Leigh Webber | Listen to Leigh Webber, a former in-house attorney at a Fortune 500 company and legal technology consultant for over 20 years, describe 10 E-Discover Concerns in-house lawyers should think about to be prepared for electronic discovery. | 4/16/09 | Free | View In iTunes |
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CleanDoes Size Matter In Electronic Discovery - Part 2 | Listen to an all star panel discuss the impact size has on electronic discovery cases and on electronic records management. This show was recorded on September 25, 2007 by BNA's Digital Discovery and e-Evidence publication as part of a series of Electronic Discovery audiocasts I moderated. It was also a CLE program but we are sorry there are no CLE credits for listening to a previously recorded CLE program. Panelists include Carol Choksy, former President of ARMA and a nationally recognized records management consultant based in Indianapolis, IN; Monica Latin, Esq. based in Dallas, TX with Carrington, Coleman, Sloman & Blumenthal and a long time member of the Sedona Conference; Tom Gilson, Esq., a partner with Phoeniz AZ based Lewis & Roca; David Ries, Esq., a partner at Pittsburgh, PA based Thorp Reed & Armstrong and a frequent participant in ABA events on privacy issues and electronic discovery; Jim Michalowicz, a long time Sedona Conference member, Six Sigma Black Belt, and a Director at ACT Litigation; and Kevin Esposito, former In-House Counsel at Pfizer and UPS and currently an Electronic Discovery Consultant at the E-Discovery consulting firm MetaJure. This show was a ground breaker as I am pretty sure no one had covered the topic of mid size electronic discovery litigation before we evaluated it. Listen to this show to learn how most organizations who are not Fortune 500 companies or AmLaw 100 law firms view electronic discovery matters. For more information on BNA who kindly agreed to let me post some of my archived shows, please visit http://ddee.bna.com/Home.html. | 4/10/09 | Free | View In iTunes |
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CleanDoes Size Matter In Electronic Discovery - Part 1 | Listen to an all star panel discuss the impact size has on electronic discovery cases and on electronic records management. This show was recorded on September 25, 2007 by BNA's Digital Discovery and e-Evidence publication as part of a series of Electronic Discovery audiocasts I moderated. It was also a CLE program but we are sorry there are no CLE credits for listening to a previously recorded CLE program. Panelists include Carol Choksy, former President of ARMA and a nationally recognized records management consultant based in Indianapolis, IN; Monica Latin, Esq. based in Dallas, TX with Carrington, Coleman, Sloman & Blumenthal and a long time member of the Sedona Conference; Tom Gilson, Esq., a partner with Phoeniz AZ based Lewis & Roca; David Ries, Esq., a partner at Pittsburgh, PA based Thorp Reed & Armstrong and a frequent participant in ABA events on privacy issues and electronic discovery; Jim Michalowicz, a long time Sedona Conference member, Six Sigma Black Belt, and a Director at ACT Litigation; and Kevin Esposito, former In-House Counsel at Pfizer and UPS and currently an Electronic Discovery Consultant at the E-Discovery consulting firm MetaJure. This show was a ground breaker as I am pretty sure no one had covered the topic of mid size electronic discovery litigation before we evaluated it. Listen to this show to learn how most organizations who are not Fortune 500 companies or AmLaw 100 law firms view electronic discovery matters. For more information on BNA who kindly agreed to let me post some of my archived shows, please visit http://ddee.bna.com/Home.html. | 4/10/09 | Free | View In iTunes |
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CleanWhy Attorneys Are Challenged By Electronic Discovery by Laura Bandrowsky | Listen to an overview of why attorneys are often challenged by Electronic Discovery concepts and managing Electronic Discovery cases. Laura Bandrowsky is the Practice Support Director at the national law firm Duane Morris LLP and is based in Philadelphia, PA. She is a member of The Sedona Conference Working Group on Electronic Document Retention and Production. She provides support to Duane Morris' offices throughout the world, including needs assessment; project management and training for the firm's legal staff; the design and implementation of databases; compuer forensics; electronic evidence retrieval; imaging; transcript management; optical character recognition; and trial consulting and presentation services. | 4/8/09 | Free | View In iTunes |
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CleanManaging Large E-Discovery Document Review Projects by Jeff Reed | Not many people have experienced managing a several hundred attorney document review project. In addition, seldom at Electronic Discovery conferences is the management of people focussed on. Listen to this podcast by Jeff Reed, an attorney who has designed systems to manage complex electronic discovery projects. Learn the steps on how to start a project, how to organize teams, the role of quality control in projects, how technology can impact a review, and what types of problems can hamper a document review team. | 4/7/09 | Free | View In iTunes |
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CleanCase Closing - A Step In The E-Discovery Life Cycle by Jim Michalowicz | Listen to Jim Michalowicz, a Director at Act Litigation discuss why effectively closing an electronic discovery case is a part of the E-Discovery Life Cycle. Jim has had a long career in electronic discovery and is one of the original members of The Sedona Conference. Prior to working at Act Litigation Services, Jim has been a consultant for Altman Weil, the Litigation Program Manager at Tyco International, Inc., and the Manager of Litigation Support at E.I. Dupont de Nemours and Company. Jim is also a Six Sigma Black Belt. | 3/31/09 | Free | View In iTunes |
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CleanEffectively Interviewing Custodians To Find ESI by Sherry Harris | Listen to Sherry Harris, from the law firm Hunton Williams based in Richmond, Virginia discuss the process of effectively interviewing a custodian to identify and collect only the meaningful, targeted folders of Electronically Stored Information (ESI). In this podcast, Sherry Harris will closely parallel the e-collection process to the paper collection process used by many for a long time. | 3/30/09 | Free | View In iTunes |
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CleanThe Sedona Conference Cooperation Proclamation - Richard Braman | Richard Braman is the founder and Executive Director of The Sedona Conference. As a practicing attorney, he has represented both plaintiffs and defendants in antitrust, IP and other complex business litigation since 1978. Prior to founding The Sedona Conference®, Richard was Co-Chair of the Antitrust Practice Group of the Minneapolis law firm of Gray Plant Mooty, which he had joined in 1987. Before joining Gray Plant Mooty Richard owned and operated a nationally- renowned jazz club and practiced in a plaintiff's antitrust class action law firm in Minneapolis and with a large, defense-oriented firm in San Francisco, CA. Richard will provide an overview of The Sedona Conference and some of its noteworthy accomplishments in the field of electronic discovery. He will then spend most of his time describing The Sedona Conference Cooperation Principles: Guidance for the Bench, In-House Counsel, Litigators, and Mentors/Mediators/Facilitators which The Sedona Conference is currently promoting. He will also describe how to get more information on this and other The Sedona Conference initiatives for free. | 3/25/09 | Free | View In iTunes |
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CleanE-Discovery Trends and Forensic Tips by Craig Ball | Listen to LTN Electronic Discovery writer and editor Craig Ball give an update of what he sees happening in the field of Electronic Discovery as well as an overview of how forensics fit into many electronic discovery cases. One of the more widely quoted experts in the field, Craig Ball is a true pioneer in electronic discovery and one of the most visible experts in the country having delivered over 500 presentations and papers on electronic discovery. Craig's articles on forensic technology and electronic discovery frequently appear in the national media, including in American Bar Association, ATLA, and American Lawyer Media print and online publications. He writes a monthly column on computer forensics and e-discovery for Law Technology News called "Ball in your Court" which was honored as both the 2007 and 2008 Gold Medal honoree as "Best Regular Column" as awarded by Trade Association Business Publications International. Craig runs a forensic consulting firm in Austin, Texas and frequently serves as a Special Master in complex electronic discovery cases. | 3/24/09 | Free | View In iTunes |
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CleanElectronic Discovery and Law School Curriculums by Hon. Shira A. Scheindlin | Listen to the Hon. Shira A. Scheindlin, United States District Court Judge for the Southern District of New York and Attorney and Electronic Discovery Blogger Ralph Losey discuss why it is important to teach law students electronic discovery principles. Judge Scheindlin has had a prominent career on the bench and is famous in the electronic discovery world for imposing sanctions on UBS Warburg in Zubulake v. UBS Warburg. This case has been seen as revolutionary for human resources personnel and computer forensics because it shifted the burden of proof to the defendant when they could not produce their documents in a timely manner. She also recently published Electronic Discovery and Digital Evidence: Cases and Materials, a curriculum for law students to learn electronic discovery. We also are joined by Ralph Losey, a shareholder with Akerman Senterfitt, Co-Chair of their Electronic Discovery Practice Group and Adjunct Professor at the University of Florida School of Law teaching e-discovery. Learn why electronic discovery is something not only every lawyer should know something about, but law students should as well from two of the electronic discovery world's pioneers. | 3/18/09 | Free | View In iTunes |
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CleanThe Role of Special Masters in Electronic Discovery by Jonathan Redgrave | Listen to Jonathan Redgrave explain the special role which Special Masters can play in electronic discovery matters. What is the basis of the Special Master in an electronic discovery case? when do you hire one? How do you hire a Special Master? What exactly does a Special Master do? Who pays for a Special Master? How does a Special Master impact the rights of the parties in litigation? Jonathan Redgrave has recently authored an article on this topic with the Hon. Shira A. Scheindlin entitled Special Masters And E-Discovery: The Intersection of Two Recent Provisions To The Federal Rules Of Civil Procedure. Since the founding of Redgrave Daley Ragan & Wagner LLP in October of 2005, Jonathan has regularly addressed issues involved in the discovery of electronically stored information, as well as issues concerning records retention and privacy policies and practices for clients. Jonathan is a moving force behind, and currently Chair Emeritus of, the highly successful Sedona Conference Working Group on Electronic Document Retention and Production (WG1). He has authored or co-authored numerous publications and speaks frequently at national and international seminars on issues related to electronic information, records management and litigation. Some select influential publications from Jonathan Redgrave include: Co-Author, "Discovery of Electronic Information", Business and Commercial Litigation in Federal Courts (West Publishing) (December 2005;rev. December 2006 and August 2007) (with Hon. Shira A. Scheindlin) Editor-in-Chief, THE SEDONA PRINCIPLES: Best Practices Recommendations & Principles for Addressing Electronic Document Production (2004; 2005; 2007) Co-Editor-in-Chief, THE SEDONA GUIDELINES: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age (2005) | 3/17/09 | Free | View In iTunes |
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CleanTop 10 Electronic Discovery Opinions of All-Time By Ron Hedges | Listen to the former United States Magistrate Judge in the United States District Court for the District of New Jersey, and well know electronic discovery speaker Ron Hedges identify his top 10 electronic discovery opinions of all time (to date). Ron is an active member of The Sedona Conference and was the conference Co-Chair on the Planning Committee of Georgetown University Law Center's Advanced E-Discovery Institute in November 2007. He was also the Co-Chair of the E-Discovery Certification Program Steering Committee of the Georgetown University Law Center. He is also currently a Member of the International ARMA Records Destruction Task Force. | 3/17/09 | Free | View In iTunes |
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CleanYou Don't Bring Me Paper Duet - Tom Stevens and Karl Schieneman | Recorded live in Indianapolis on April 26, 2006. On March 15th, Karl Schieneman called Tom Stevens from Act Litigation and said I found our old recording of You Don't Bring Me Paper. I am putting it on ESIBytes. Tom replied, this is a good example of a failed document retention policy. Listen to Tom Stevens from Act Litigation and Karl Schieneman from JurInnov stumble there way through David Cohen's classic rewrite of You Don't Bring Me Paper sung sort of to the music of You Don't Bring Me Flowers. Song assisted by Jim Daley and Tim Opsitnick who did everything in their power to distract Tom and Karl from singing the song. | 3/15/09 | Free | View In iTunes |
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CleanNavigating the Rapids of International Electronic Discovery By James Daley | Listen to Electronic Discovery pioneer Jim Daley from Kansas City, MO based Daley Crowley LLP talked about the differences in Electronic Discovery once you leave the United States. Heightened privacy rules, harder project management and other issues associated with the international electronic discovery case. | 3/10/09 | Free | View In iTunes |
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CleanESIBytes - Electronic Discovery Tips From Tess Blair | Listen to Stephanie "Tess" Blair, the leader of AmLaw 100 law firm Morgan Lewis's eData team talk about views on the developing field of electronic discovery. Tess is a nationally recognized thought leader in electronic discovery. She is a member of The Sedona Conference Working Group on eDiscovery, member of ARMA Electronic Discovery Advisory Board, Member, The Electronic Discovery Reference Model Working Group, and a Member of the Editorial Board of the Scientific Council of the Journal of Legal Technology Risk Management. Her practice group, eData, executes "best practices" designed to provide clients with state-of-the-art records and discovery management, knowledge sharing, and collaboration resources. The eData team plays a large role in defending clients in corporate matters, including product liability, mass torts, antitrust, M&A, regulatory, white collar, compliance, construction, insurance coverage, and complex commerical litigation. Tess is based in Philadelphia, Pennsylvania but she maintains a national practice in electronic discovery. | 3/6/09 | Free | View In iTunes |
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CleanESIBytes - E-Discovery Advice For Small Law Firms From Judge Facciola | Listen to free advice on electronic discovery from the Hon. John Facciola and a solo practitioner from Colorado, Tom French. This show is intended to explore why there is a gap in knowledge in this field between large law firms and smaller practitioners. What tensions this gap in knowledge can place on the legal system as well as on clients of small law firms when electronically stored information is an issue in a case. Lastly, we will attempt to offer some advice to small law firms and solo practitioners on how to approach getting more comfortable with electronic discovery. | 3/2/09 | Free | View In iTunes |
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CleanDavid v. Goliath Pt 2 - Diff sized parties in E-Discovery: All Star Panel | -- | 6/17/08 | Free | View In iTunes |
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CleanDavid v. Goliath Pt 1 - Diff sized parties in E-Discovery: All Star Panel | Reaching into the archives from my BNA shows, this was one of my favourite shows. We literally had 2 panelists attacking each other in disagreement on what Goliath has to produce to David. In all of my experiences in E-Discovery CLE's, I have never heard an exchange like this. With hindsight it was professionally handled by both parties, but at the time it felt like an edgy show that I could lose control of. The all-star panel was fantastic. They were Patrick Oot, Verizon's head of electronic discovery; Kevin Esposito, Director of E-Discovery at MetaJure; Marie Lona, chair of the electronic discovery practice group at AmLaw 100 law firm Winston Strawn; Ronald Hedges, a former magistrate Judge from New Jersey who is an electronic discovery consultant; Tom French, solo practitioner from the French Law Firm; and Luke Santangelo, solo practitioner from Santangelo Law Offices. | 6/17/08 | Free | View In iTunes |
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CleanElectronic Discovery Pioneers Share Their Tips- Part 2 | -- | 5/30/07 | Free | View In iTunes |
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CleanElectronic Discovery Pioneers Share Their Tips- Part 1 | Listen to an all star panel provide tips on electronic discovery on what works in electronic discovery, what's practical in electronic discovery, and what not to do in electronic discovery cases. This show was recorded on May 30, 2007 by BNA's Digital Discovery and e-Evidence publication as part of a series of Electronic Discovery audiocasts I moderated. It was also a CLE program but we are sorry there are no CLE credits for listening to a previously recorded CLE program. Panelists include Jonathan Redgrave, Esq. currently a partner at Nixon Peabody; Neal Rubin, Esq. with Cisco; Joe Kasouf, Esq. with Nationwide Insurance; Stephanie Mendelsohn, Esq. with Genetech; Michael Scott, Esq. with Alcoa; and Cliff Ovadia with IBM. This show was a follow up to a very successful All-Star Electronic Discovery presentation we did in February 20th of that year. Listen to this show to learn tips from a diverse panel of electronic records and electronic discovery experts both an in-house perspective, outside counsel perspective, and outside technology consultant perspective. For more information on BNA who kindly agreed to let me post some of my archived shows, please visit http://ddee.bna.com/Home.html. | 5/30/07 | Free | View In iTunes |
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CleanPt 2 Records Management & Electronic Records Readiness All Star Panel | -- | 2/20/07 | Free | View In iTunes |
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CleanPt 1 Records Management & Electronic Records Readiness All Star Panel | This was another show from the BNA vault of E-Discovery CLE's I presented. For sheer star power, it would be hard to top this one. The panelists were: Greg McCurdy, one of the early star panelists in the electronic discovery world from Microsoft Corporation; Ed Wolfe, head of electronic discovery and records management at General Motors and long time Sedona Conference member; Jim Michalowicz, ACT Litigation and formerly with Dupont and Tyco; David Martin, head of electronic discovery and records management at Medtronic; and David Cohen, Co-Chair of Electronic Discovery at Am Law 100 law firm K&L Gates. The Fortune 500 firepower of this panel of extremely knowlegeable speakers made this early on, one of the favourite shows I have done. | 2/20/07 | Free | View In iTunes |
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149 |
CleanPt 1 Migrating From E-Discovery to Effective Records Mgmt - All Star Panel | Listen to one of my older vault shows taped as a legal audio conference CLE by Pike & Fischer's Digital Discovery and e-Evidence publication, which was subsequently acquired by BNA. This panel was the second show we did in this format and has an incredible panel. They were as follows: Carol Choksy, at the time the President of ARMA and a nationally reknown records management consultant; William Dodero, an attorney at Bayer who has been a national thought leader in the field of collecting, preserving and managing electronic records under the heat of litigation; Robert Bernard, at the time Rob was a one of the leaders in Microsofts efforts to develop more desktop presence for records management tools; Jim Michalowicz, a Six Sigma Blackbelt and an expert on electronic discovery early on at Dupont and Tyco and currently with ACT Litigation; Tom Utiger, the owner of a Las Vegas based records management company Data Empowerment and one of the pioneers in developing records management technology; Jim Daley, at the time a partner in the influential virtual E-Discovery law firm Redgrave, Daley, Ragan & Wagner and currently a partner in Daley Crowley, LLP; and Linda Davis, head of Records Management at Dupont. Listen to this legal audio broadcast taped on the day the new Federal Rules went into effect as we covered one of the first shows linking effective records management as a defense to electronic discovery. | 12/1/06 | Free | View In iTunes |
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150 |
CleanPt 2 Migrating From E-Discovery to Effective Records Mgmt - All Star Panel | Listen to one of my older vault shows taped as a legal audio conference CLE by Pike & Fischer's Digital Discovery and e-Evidence publication, which was subsequently acquired by BNA. This panel was the second show we did in this format and has an incredible panel. They were as follows: Carol Choksy, at the time the President of ARMA and a nationally reknown records management consultant; William Dodero, an attorney at Bayer who has been a national thought leader in the field of collecting, preserving and managing electronic records under the heat of litigation; Robert Bernard, at the time Rob was a one of the leaders in Microsofts efforts to develop more desktop presence for records management tools; Jim Michalowicz, a Six Sigma Blackbelt and an expert on electronic discovery early on at Dupont and Tyco and currently with ACT Litigation; Tom Utiger, the owner of a Las Vegas based records management company Data Empowerment and one of the pioneers in developing records management technology; Jim Daley, at the time a partner in the influential virtual E-Discovery law firm Redgrave, Daley, Ragan & Wagner and currently a partner in Daley Crowley, LLP; and Linda Davis, head of Records Management at Dupont. Listen to this legal audio broadcast taped on the day the new Federal Rules went into effect as we covered one of the first shows linking effective records management as a defense to electronic discovery. | 12/1/06 | Free | View In iTunes |
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151 |
CleanPt 2 Building an E-Discovery Process For Success - All Star Panel | -- | 1/26/06 | Free | View In iTunes |
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152 |
CleanPt 1 Building an E-Discovery Process For Success - All Star Panel | This was the online CLE program I hosted. Given the fact there have been at least 80 shows since it, it must have gone alright. This was the first show which attacked the nuts and bolts of an electronic discovery project in the trenches. How to get technology and a review team operating correctly. This show was created out of frustration. I had attended so many national CLE conferences, and no one was talking about how the work is actually done. What I decided to do, with Carole Eoannou's support at Digital Discovery and e-Evidence, is put a program of thought leaders together to discuss this issue. The All Star cast was excellent: Kevin Esposito who at the time was leading Pfizer's efforts in E-Discovery and now is a Director of E-Discovery at MetaJure; Tim Opsitnick from JurInnov who I now work with and an original Sedona Conference member; Tess Blair who heads Morgan Lewis's E-Discovery group; Tim Coon from Eckert Seamans who was a significant client of mine at the time and was staffing one of the largest projects in the country; Chris Olsson who was a technology manager at Reed Smith but now is in charge of Cricket's Electronic Discovery application; Jim Michalowicz who was a consultant at Altman Weil at the time but now is a Director at ACT Litigation; and my singing partner on You Don't Bring me Paper, Tom Stevens from ACT Litigation. Together we covered a fictitious litigation which went horribly wrong, all based loosely on true facts in the electronic discovery world, and the panel offered suggestions on what could have been done better on this electronic discovery project. | 1/26/06 | Free | View In iTunes |
| Total: 152 Episodes |
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