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6 Jun 2024, 12:36 am
By Rick Clark The Future Lawyer 2024 Conference was held in Boston, MA, and hosted by Ropes & Gray LLP in their Prudential Tower offices. This two-day event hosted private practicing attorneys the first day and corporate in-house personnel the second day. The law firm day topics hovered mostly on how Generative and Predictive AI are gaining more steam in the legal industry, with the corporate agenda track more focused on change management. What was surprising to me? The general… [read post]
27 Jul 2023, 11:09 am
By Catherine Ostheimer The move from on-premise to cloud-based eDiscovery software use is not a new trend. In fact, according to Complex Discovery, close to 55% of global eDiscovery software spending went to cloud-based software in 2022, with the percentage expected to increase to 73% by 2027. Still, change is hard. Annette Rolain, an attorney at Ruggeri Parks Weinberg LLP with 15+ years of experience, says that when her firm made the transition to a SaaS eDiscovery solution, she learned a...Read… [read post]
10 Jul 2023, 10:21 pm
By Catherine Ostheimer A recurring theme surfacing in our discussions with our law firm customers especially is the demand for legal tech software platforms to provide simple, straightforward functionality in an easy-to-use solution. Having an eDiscovery solution that speeds work and helps teams to complete a project on time and accurately is critical, but overpaying for software with an overabundance of features is something many are avoiding in today’s economic climate. Besides the...Read… [read post]
30 Jul 2025, 5:34 pm
Masters Conference: NYC, 2025 | Article by Rick Clark On July 22–23, 2025, The Masters Conference returned to New York City with a bold theme: “Welcome to the Masters 2035.” Hosted at the offices of Morgan Lewis, this two-day event gathered legal professionals, technologists, investigators, and industry thought leaders to explore how emerging technologies and workplace changes will reshape eDiscovery, investigations, and information governance over the next decade. … [read post]
11 Jul 2024, 11:00 pm
The Role of Experts in Data Collection In many eDiscovery cases, teams of experts handle the collection of traditional and modern data following a proven, standard process. These experts ensure the data is authenticated, which is crucial for maintaining the integrity of the evidence. However, there are instances where evidence such as text messages, social media posts, or chat applications involves just a few exchanges that are critical to the case. In these situations, simple workflows like...Read… [read post]
2 Jan 2024, 10:00 pm
By Rick Clark It’s evident that the legal eDiscovery industry is undergoing significant transformation, driven by the ever-expanding data varieties, volumes, and the velocity in growth for varieties and volume, especially in the last year.) For instance, there are 20 million text/chat messages sent every minute. * The intersection of these three data Vs has not only posed unique challenges but has also paved the way for innovative solutions and a paradigm shift in how data is reviewed in… [read post]
14 Dec 2023, 7:00 am
In the realm of Architecture, Engineering, and Construction (AEC), legal challenges are inherent, as affirmed by construction litigator Jordan Nadel of Mark Migdal & Hayden. A recent Arcadis study highlights a 42% surge in construction lawsuits in North America from 2021 to 2022, attributing this spike to ongoing COVID-19 effects, supply chain woes, and escalating material costs. Stakeholders in the AEC industry grapple with heightened expectations, emerging environmental, social and...Read the… [read post]
8 Dec 2023, 6:00 am
Software is meant to make our lives easier when it comes to eDiscovery. Automation, artificial intelligence, and advanced search and culling technologies have all reduced the need for hundreds of human hours reviewing documents. Still, there is plenty of work to be done, and even “small” eDiscovery cases can be highly complex and time consuming. When you don’t have permanent resources on hand to take on these additional duties or if a surge in work strains a lean team,… [read post]
27 Mar 2023, 4:02 pm
By Catherine Ostheimer Conversations on and off the session stage at Legalweek 2023 signaled that industry innovation is now on a fast track. Whether it’s due to the advent of new tech permeating our daily lives (OpenAI launched plugins for ChatGPT for commonly used apps like Slack, Open Table, Expedia on March 23), the influx of a new generation of tech-savvy lawyers, or the COVID-created hybrid work life that isn’t going anywhere, real change is happening in legal and evidence of… [read post]
31 May 2022, 9:00 am
By: Kyle Taylor Cloud computing is trending today, and for good reasons. Reports from Flexera show that 50% of decision-makers in organizations believe that migration to the cloud will continue to increase. While some consider it a risky move for data security, others think it’s necessary for business in many ways. What benefits do companies stand to enjoy by moving to the cloud? Reduce Internal Infrastructure Demands and Hardware Costs The traditional on-premise Concordance… [read post]
31 May 2022, 9:00 am
By: Kyle Taylor Cloud computing is trending today, and for good reasons. Reports from Flexera show that 50% of decision-makers in organizations believe that migration to the cloud will continue to increase. While some consider it a risky move for data security, others think it’s necessary for business in many ways. What benefits do companies stand to enjoy by moving to the cloud? Reduce Internal Infrastructure Demands and Hardware Costs The traditional on-premise Concordance… [read post]
20 Jan 2022, 12:00 pm
Emails, Slack messages, tweets, and digital documents are just a few data types that a company may generate on a daily basis. Thankfully, businesses aren’t required to store all electronic records indefinitely. A party, however, must preserve evidence before litigation begins or whenever the party suspects the information may be relevant to anticipated litigation. Spoliation refers to the failure to preserve relevant information during contemplated or pending litigation. According to… [read post]
13 Jan 2022, 11:30 am
Though a more basic searching technique, keyword searches allow professionals to identify one or two specific words from multiple documents. Nowadays, keyword searches are considered inferior to the successor, predictive coding (TAR). In comparison to TAR, the “outdated” search method is more expensive and time-consuming. Keyword searches are also less predictable; when filtering through the same data set, keyword searches yield fewer results. Based on these flaws, some would argue… [read post]
16 Dec 2021, 1:10 pm
Now that most industries are going paperless, companies must create a comprehensive data retention policy. The purpose of a data retention policy is to establish procedures for labeling, storing, and deleting electronic (and physical) records. [1] Most companies acknowledge the need for a retention policy, but they don’t commit to creating one. A 2000 ABA study found that 83% of the responding companies had no established protocol for handling discovery requests. Despite this… [read post]
18 Nov 2021, 2:20 pm
The Costs of eDiscovery As time passes, the definition of electronically stored information (ESI) must expand to accommodate emerging data types. As discussed in our recent article, (Don’t Get Spooked by Communication Applications!), these changes can be intimidating and uncomfortable for some legal teams. Since modern data types are unavoidable in eDiscovery, litigators must adapt and address any subsequent challenges. Financing the production of newer ESI types is a looming concern for… [read post]
30 Dec 2021, 12:07 pm
Collaboration apps, forensic tools, and discovery software are just a few technologies that an attorney must juggle regularly. As old technologies update and new ones emerge, will you adapt or fall behind? At first, keeping up with these changes may seem impossible, but there are multiple steps you can take. Brush up on your knowledge by reading case law, eDiscovery blogs, and regulations on data collection. Learn more about the retention policies for popular social media and messaging...Read the… [read post]
30 Sep 2021, 11:09 am
The Discoverability of Slack As people turned to remote work in 2020, collaboration apps became a prevalent form of communication. Slack was so popular that some considered it to be the “new email.” Though some legal teams refute its discoverability, the FRCP intentionally established a broad definition of ESI to accommodate new data types. From corporate files to humorous GIFS and standard channel messages, Slack is a medium for large quantities of information. Thus, the application… [read post]
22 Mar 2024, 10:09 am
By Rick Clark Spending the past 20+ years in forensics, eDiscovery, and investigations has kept me in a legal conference circuit lane, but this week I stepped into a new and interesting adjacent world: information technology leadership in public service. This conference is formally called the California Public Sector CIO Academy and its organizer, e.republic, hosted over 800 attendees from all over the state. When preparing to attend the conference, I reviewed the agenda, speakers and… [read post]
10 Feb 2022, 10:51 am
Safeguarding a client’s personal information is an important responsibility. Redactions protect client privacy by obscuring confidential, privileged, non-responsive, and personally identifiable information from relevant documents. [1] Though important, redactions are a time-consuming part of the review process, especially when done manually. To save time, legal teams should conduct an initial assessment of what, when, and where redactions should be placed. As a first step, examine the… [read post]
6 Jan 2022, 11:50 am
When approaching any challenge or goal, it’s often best to start with the big picture before narrowing things down. By working backwards, you can identify the steps needed to achieve the desired result. This type of thinking can be applied to Rule 26(f) conferences (also known as meet and confers). As mandated by Rule 26(f) of the FRCP, both parties must meet at least 21 days before holding a scheduling conference. The purpose of the meet and confer is to discuss litigation details such… [read post]
