TRENDS FOR 2021 E-DISCOVERY eDiscovery Webinar Series
Transcript of TRENDS FOR 2021 E-DISCOVERY eDiscovery Webinar Series
E-DISCOVERY TRENDS FOR
2021BEST PRACTICES NAVIGATING THE DYNAMIC ESI LANDSCAPE, EDISCOVERY TECHNOLOGIES AND STRATEGIES FOR YOUR PRACTICE.
eDiscovery Webinar Series
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E-Discovery Trends for 2020 eDiscovery Webinar Series
ABOUT LEXBE◼ We’re an Austin, TX based provider of highly affordable cloud-based eDiscovery software and services
provider, specializing in serving boutique law firms and organizations. We provide:
◼ The Industry’s Most Affordable and Full-Featured DIY eDiscovery Platform
◼ The Industry’s Fastest eDiscovery Processing & Document Review Software
◼ Delivers the Industry’s Fastest ROI
◼ Experienced eDiscovery Specialists and Expert Consultants
Gartner Reviews:
“Cost-effective eDiscovery” “Secure, easy-to-use and a great review tool for
consideration”
“A powerful litigation document management service”
E-Discovery Trends for 2020 eDiscovery Webinar Series
The Shifting ESI Landscape◼ The Cloud Continues to Dominate Compute and Storage
E-Discovery Trends for 2021 eDiscovery Webinar Series
The Shifting ESI Landscape◼ The Cloud Continues to Dominate Compute and Storage
E-Discovery Trends for 2021 eDiscovery Webinar Series
Implications of Cloud Dominance for Litigators
◼ Multiple Clouds / Hybrid Clouds and ESI Obfuscation
◼ Increasing Importance of Custodian Data Mapping – Follow the Data / Multi-Cloud Mapping
◼ Automated Data Governance Means Data Expiration and/or Cloud Archives
◼ Remote Forensic Collections
E-Discovery Trends for 2020 eDiscovery Webinar Series
Implications of Cloud Dominance for Litigators
◼ Cloud-Based eDiscovery & Document Review◼ Powerful eDiscovery Capabilities for
Remote Connected Legal Teams
◼ Access to Advanced Artificial Intelligence Powered eDiscovery Services◼ Cognitive Image Recognition
◼ Machine Language Translation
◼ Machine Transcription
◼ Technology Assisted Review
◼ Reduced eDiscovery Costs
E-Discovery Trends for 2020 eDiscovery Webinar Series
The Shifting ESI Landscape◼ The Growth in Collaboration
E-Discovery Trends for 2021 eDiscovery Webinar Series
Daily Active Users in Millions – Microsoft Teams
The Shifting ESI Landscape◼ The Growth in Collaboration | A Lot Bigger than Microsoft Teams & Slack
◼ The app ecosystem and integrations are often key to relevant ESI◼ Over 2200 integrations in the Slack app directory ◼ Over 700 apps in the Microsoft app store integrate with Teams
◼ Many integrations exist in the cloud
◼ Teams & Slack also have voice and video calling capabilities
◼ Big increase in non-email communications from collaborationplatforms and in-app chat channels
E-Discovery Trends for 2021 eDiscovery Webinar Series
The Shifting ESI Landscape◼ Video Conferencing
E-Discovery Trends for 2021 eDiscovery Webinar Series
The Shifting ESI Landscape◼ Increased Video Conferencing Utilization Drives Demand for AI Powered Transcription
E-Discovery Trends for 2021 eDiscovery Webinar Series
Growth in Virtual Law Firms◼ The Covid-Driven Experiment
◼ Technology◼ Communication / Collaboration
◼ Practice Management
◼ eDiscovery
◼ Pursue the Best Talent
◼ Expanded Billable Hours
◼ Increased Productivity
E-Discovery Trends for 2021 eDiscovery Webinar Series
GUEST SPEAKERS
E-Discovery Trends for 2020 eDiscovery Webinar Series
Robert Keeling Ava Guo
Associateindividual and corporate clients in white collar matters, internal investigations, government enforcement actions and commercial litigation and disputes
PartnerCommercial Litigation and DisputesWhite Collar: Government Litigation and InvestigationsHealthcare
Trends inModernDiscoveryRobert KeelingPartnerSidley Austin LLP
Ava GuoAssociateSidley Austin LLP
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The Big Trend Is …
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Collaboration Platforms Continue to Emerge.
• Microsoft Teams aggressively rolled out to supportremote workforces due to the pandemic
• Built atop existing Microsoft infrastructure:
• Team Channels 🡪 synced with cloud mailbox for team
• Private Channels 🡪 synced with cloud mailboxes of members
• Slack has become a very popular enterprise chat platform:↑ 10M daily active users
• Increasing adoption of collaboration platforms meansincreasing likelihood that communications within these platforms will become subject to discovery
The Big Trend – Microsoft Teams and Slack
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Of course there’s more data,but this data is different.
• Companies are adopting enterprise chat withincollaboration tools
• Collaboration platforms support more dynamic data
• There are more mobile messaging applications than ever—most are encrypted
• Ephemeral messaging applications have gone enterprise
• Potential data collection sources continue to expand
Different Data
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What Constitutesa “Document”is BecomingLess Clear.
• Traditional “documents” such as email, Microsoft Office files,and PDFs are being supplanted by non-traditional data sources
• But non-traditional data sources often defy traditional definitionof what constitutes a “document” for review and production
• For example - entire Slack channel obviously not a “document,” but single chat in Slack may not provide sufficient context
• These non-traditional data sources pose significant challengeto eDiscovery industry across the EDRM
• Similar challenges to traditional custodian-based approach
The Big Trend – Challenge to Traditional “Document”
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We’re Going to Haveto Collect the Cloud.
• Data rapidly moving to the cloud*
• 2020: Majority of data stored in the cloud
• 2026: 90% of data stored in the cloud
• Most corporate clients transitioning or already transitioned cloud-based environments like Office 365 and G Suite
• Common gotcha, files are included as links
• Emerging issue: dynamic emails—act like an interactive web page
New Collection Challenges
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* IDC, Kleiner-Perkins, Statista Digital Market Outlook
Remote Review is Not Going Away
• Vast majority of contract attorney review currentlyunderway is fully remote
• Clients embracing benefits of remote review
• Number of large reviews in single location likelyto see steep decline
• Virtually managed, remote review will occur insignificant portion of cases going forward
Information Governance
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Information Governance
Opportunity.BIGis a
• The growth in volume and variety of data meansgreater returns to IG programs
• Perfection is not required
• Significant savings even with low-hanging fruit
• We counseled a number of companies over thepast year with implementing effective IG programsto combat the explosion in corporate data
Information Governance is a BIG Opportunity
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Burden ofPrivacy in Discovery
Two Consequences of the Incredible Growth of Information
Proportionality• Driven mostly by
concerns raised by producing parties in litigation
• Focus has been on document volume—e.g., cost and effort
• Handled by litigators and eDiscovery professionals
Privacy• Driven mostly by
concerns raised by governments and individuals
• Focus has been on document contents—e.g., types of personal information tracked
• Handled by privacy lawyers and corporate privacy officers
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• Need to consider privacy from the outset
• eDiscovery involves large collections, processing,and transfer of data
• Not just about GDPR—California Consumer Privacy Act (CCPA), Illinois Biometric Information Privacy Act (BIPA),more to come …
• Emerging consensus that privacy can be viewed as anaspect of the existing proportionality framework for Rule 26(b)(1)—a “burden” that must be weighted with otherfactors, such as cost, level of effort, etc.
Burden of Privacy
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The Burden of Privacy in Discovery
Robert D. Keeling & Ray Mangum,The Burden of Privacy in Discovery,20 SEDONA CONF. J. 415 (2019).
Available at Sidley.com:https://www.sidley.com/en/insights/publications/2019/08/the-burden-of-privacy-in-discovery
Or Google “burden of privacy”
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Predictive Codingis Becoming Ordinary.
• Predictive coding has for some time been the default approach of sophisticated parties in large matters
• But technological advances and lower costs mean it can be used on any matter
• Reaching “tipping point” with adoption across the industry
• Moving from “black box” to another tool in the producingparty’s tool box
• Predictive coding protocols becoming less relevant
Predictive Coding
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Tech. Assist. R. v.Search Terms
Prioritize
Key Docs &Issue Codes
Exclude theIrrelevant
Review theReviewers
1......9
v.
Structured Data
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We Are Going To Have
To Review Structured Data .
X Z B l B R D G A TY X I D A A K W C EH Q G S E P Q K I CE S R U W O E R J KA P D K Y D I W K PA N A L Y S I S E EL Q T A A A V V D VN N A D U J X S P LZ M X S B F G R E W
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• More often than not, structured and semi-structureddata needs to be analyzed, rather than reviewed
• Processing and review tools need to play catch-up
• Data-visualization and analysis expertise increasinglyimportant
• Production: “the database” versus a query/report.
Structured Data
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Just one more thing.
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a few s^
^
Remember Paper
Focus rightfully on collaboration andremote platforms.
But companies still have lots of paper documents.
Confronting legacy paper posessignificant problems to companieswhile offices remain closed.
Information Governance
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CONTINUED ESI GROWTH ACCELERATION◼ New sources of ESI
◼ Collaboration app adoption
◼ Messaging adoption
◼ Enterprise digital transformation
◼ Growth of video and audio
◼ Growth of Internet of Things (IoT) data
◼ Location-based data
◼ Growth in file sizes
◼ 3D & HD imaging
◼ Video files
◼ Continued Growth of Established Sources
◼ Email (5% annual growth) @ 290 billion per day / 1.9 email accounts per custodian
◼ Mobile devices / shadow IT
E-Discovery Trends for 2020 eDiscovery Webinar Series
ENTERPRISE DATA GOVERNANCE EVOLUTION◼ Prompted by Regulations, Data Breach Expense and Litigation
◼ European Union General Data Privacy Regulation, California Consumer Privacy Act and many, many others
◼ Data breach cost per record: $150 on average, $3.9 million average data breach cost in the United States
◼ Mitigate litigation risk: ex. Email storage/archive limits
◼ Data Governance Implications for eDiscovery
◼ Data creators, data users, data owners and data administration
◼ Where and how long has the data been stored
◼ Understanding how and where data archives and backups can be accessed
◼ Potential hidden repositories of data
◼ Bring-Your-Own-Device (BYOD) / comingling of personal & corporate data
◼ Cloud repositories
E-Discovery Trends for 2020 eDiscovery Webinar Series
CONTINUED GROWTH IN CLOUD-BASED EDISCOVERY
◼ Why Cloud-Based eDiscovery
◼ Covid-19 – the cloud fully enables remote connected legal teams – anytime, anywhere access
◼ Lightweight technology requirements/investments (browser-based)
◼ Virtually unlimited processing and storage resources
◼ Lowest cost resources
◼ Enables lawyers and paralegals to keep eDiscovery in-house (DIY)
◼ Cybersecurity – better security posture than the vast majority of law firms
E-Discovery Trends for 2020 eDiscovery Webinar Series
DO IT YOURSELF!◼ Lawyers and paralegals are becoming more tech savvy
◼ eDiscovery platforms are becoming more intuitive (modern user interfaces)
◼ eDiscovery platforms are more integrated (less point solutions needed)
◼ Maintain control over the matters
◼ Increase billable hours for law firms by keeping eDiscovery in-house / reduces costs for enterprises
◼ Emerging advanced technologies that reduce reliance on point solutions:
◼ Artificial intelligence powered machine translation
◼ Artificial intelligence machine transcription
◼ Cognitive image recognition
◼ Technology assisted review
E-Discovery Trends for 2020 eDiscovery Webinar Series
END-TO-END E-DISCOVERY IN THE CLOUD◼ Full-featured
◼ DIY
◼ Infinitely Scalable
◼ Accessible with a Browser
E-Discovery Trends for 2020 eDiscovery Webinar Series
Advanced High-Speed Database
Advanced High-Speed ESI Processing
Powerful Search
Case Timeline Builder
Best-In-Class Security
Powerful Administrative Controls
AI Powered Analytics & TAR
Flexible Document Review Workflow
Easily Managed Productions
THE LEXBE UBER INDEXNative Characters
Translated Characters
All Characters From Native Files are Extracted and Included in the Uber Index.
All OCR Characters are Extracted and Included in the Uber Index.
All Images are OCR’d, Characters Extracted and Included in the Uber Index.
Lexbe’s Translation Engine Feeds the Uber Index All Translated Characters
OCR Characters
Image OCR Characters
◼ Multi-source concatenated singular index
◼ Lightning fast
◼ Seamlessly add documents without re-indexing
E-Discovery Trends for 2020 eDiscovery Webinar Series
ADVANCED APPLICATIONS OF AI
Audio & Video File Transcription
LanguageTranslation
Cognitive Image
RecognitionSentimentAnalysis
◼ Utilizing Neural Networks for advance machine learning and high-quality results
E-Discovery Trends for 2020 eDiscovery Webinar Series
BETTER TECHNOLOGY, BETTER SERVICE, BETTER VALUE
Service Relativity Reseller Lexbe
Processing $125 per GB $0 (Included)
User Fees $95 per User per Month $0 (Included)
Technology Assisted Review $30 per GB per Month* $0 (Included)
Near Duplication * Included with Relativity Analytics $0 (Included)
Email Threading * Included with Relativity Analytics $0 (Included)
Hosting $8 per GB per Month $5 per GB per Month.
AI Insights * Included with Relativity Analytics $0 (Included)
Project Management $195 per Hour $150 per Hour
E-Discovery Trends for 2020 eDiscovery Webinar Series
INDUSTRY LEADING SECURITY◼ Utilize AI to identify and eliminate threats before they can do harm
◼ Multi-Factor authentication
◼ Passed extensive application penetration test by IBM in 2019
◼ United States Federal Agencies and municipalities utilize Lexbe
E-Discovery Trends for 2020 eDiscovery Webinar Series
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E-Discovery Trends for 2020 eDiscovery Webinar Series
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