March 14, 2016

Legal Tech 2016


The whirlwind of Legal Tech has come and gone. But what was learned? What were the hot topics and trends? What do some eDiscovery gurus say about Legal Tech 2016? Joe Bartolo, a Regional Manager of Kiersted, one of the vendors there, answered these and other questions in his article, linked here, published in Law Technology Today. Full disclosure: My company, OmniVere, acquired Kiersted, just days before Legal Tech 2016.






This entry was made by Craig Brown. Mr. Brown is President of the Legal Staffing Division of OmniVere LLC, an international eDiscovery company. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern.

December 3, 2015

Georgetown eDiscovery Conference


My head is still spinning from the recent Georgetown eDiscovery conference held in DC. So many panels, so little time.

While impossible to summarize the entire conference, here are some highlights: Although I'm biased as a member of the State Bar's eDiscovery Committee, my colleagues on the Committee, not unexpectedly, led the way. Our esteemed Co-Chair, Steve Bennett, moderated a stellar panel on "eDiscovery Dispute Resolution," and, our prior esteemed Co-Chair, Adam Cohen, moderated an all-star panel on "eDiscovery and Data Breaches."

Regarding TAR, Committee Member Maura Grossman shared her vast knowledge in the field, as did David Cohen, of Reed Smith (the moderator). This was a not-to-be-missed session in this vital area.

Member Laura Kibbe moderated the inaugural panel on "eDiscovery 2020," during which the panelists discussed just how far eDiscovery has come and what to look forward to in the future. Offering great insight from this panel from the corporate client's perspective was Wayne Matus, a seasoned trial attorney who is Managing Director with UBS. And, Marc Teerlink, of IBM Watson, and Christopher Surdak (who also was the keynote speaker) explained (a) how privacy is a thing of the past, with our emails being analyzed already to sell us products, and (b) how data analysis in the future will focus not on the words themselves, but on their context and sentient analysis.

Another exceptional panel dealt with "Effective Project Management." Here, we heard about streamlining discovery from both a law firm's and corporation's perspective. Dawson Horn, AGC with AIG, offered great insight from the corporate client's side, whereas Karin Scholz Jenson and Lea Malani Bays gave the view from outside counsel.

Of course, many eDiscovery leaders who are members of the eDiscovery Committee attended this event, all of whom could well have been moderators or panelists themselves. I ran across our esteemed Co-Chair Sandra Rampersaud, of Cravath Swaine & Moore; Christopher Costello, of Winston and Strawn; Phil Cohen of Greenberg Traurig; Michael Parker, of Herrick Feinstein; and James Zucker, of Patterson Belknap. Sightings were also made of Jessica Perazzelli Ross of Deutche Bank; and James Sherer, of Baker & Hostetler.

All in all, an entertaining and substantive conference.







This entry was made by Craig Brown. Mr. Brown is President of the Legal Staffing Division of OmniVere LLC, an international eDiscovery company. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern.

October 21, 2015

eDiscovery Recap and Suggested Improvements


Steven C. Bennett, a leading e-discovery practitioner (and co-chair of this Committee), examines, in his article (Linked Here)*, the history of eDiscovery and why problems persist in this "golden era" of eDiscovery. Mr. Bennett explains that, notwithstanding the efforts of attorneys, academics and the judiciary, the case-by-case variability of eDiscovery issues prevents a standard eDiscovery solution from being established. Nonetheless, Mr. Bennett suggests improvements in eDiscovery efficiency and processes.

This is a thought-provoking piece from an eDiscovery leader that is well worth reading.


* Originally published by LexisNexis: Bennett, E-Discovery: We still Haven't Found What We're Looking For, www.lexisnexis.com (Aug. 8, 2015)






This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of the Legal Staffing Division of OmniVere LLC, an international eDiscovery company. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon.

September 17, 2015

Learn Tech By Attending a Tech Show


Attorneys often express that they want to learn how to use the latest technology, but claim that they are hindered from doing so because they are consumed by work. The question then is how busy lawyers can keep up with the latest technological innovations, which will only make their lives easier. In an instructive article from the NY Daily Record (Linked Here), Scott Malouf, a lawyer specializing in the use of technology, provides a few answers to this vexing problem. Scott particularly highlights how attending a Tech Show can enable attorneys to learn and adapt to new technology.





This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of the legal staffing division of OmniVere LLC, an international eDiscovery company. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon.

June 2, 2015

Competence With Electronically Stored Information


As technology has continued to advance, it has become an integral part of the practice of law, specifically in the litigation context, where discovery is now "eDiscovery." It is now more than ever vital for a legal practitioner to be technologically competent, which is why the ABA revised its Model Rules of Professional Conduct to incorporate a comment on the need for technological competence. The critical question is what defines the contours of technological competence with respect to litigation. Ronald J. Hedges, a retired United States Magistrate Judge from the District of New Jersey, and Amy Walker Wagner, a partner at Stone & Magnanini LLP, address this exact question in the article Linked Here. In an exceptionally comprehensive fashion, they explain the scope of what technological competence entails for every stage and aspect involved in litigation. Any attorney involved in litigation should review this article to gain a better understanding of what an attorney's ethical obligations are with respect to technological competence.



Reproduced with permission from Digital Discovery & E-Evidence Report, 15 DDEE 134 (Apr. 2, 2015) Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033)





This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of B3 Legal, an international contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon. He has served as Subcommittee Chair on eDiscovery with the New York County Lawyers' Association.

March 19, 2015

More LegalTech


See below for developments in the rapidly evolving law of eDiscovery. If you have any suggestions for content to be included in our updates, please email Craig Brown, the Chair of the Ediscovery Blog Subcommittee, at cbrown@b3legal.com.


Our last posting focused on our takeaways from the huge LegalTech show in NYC. Linked here is a substantive analysis of the show from fellow eDiscovery Committee member Scott Malouf. Analogizing to Jon Favreau's movie Chef, Scott opines that the growth of innovative eDiscovery companies should not negatively impact law firms, but rather that such companies "may actually present excellent opportunities for attorneys to provide more services." This was first published in the NY Daily Record.




This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of B3 Legal, an international contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon. He has served as Subcommittee Chair on eDiscovery with the New York County Lawyers' Association.

February 19, 2015

The Whirlwind of LegalTech


See below for developments in the rapidly evolving law of eDiscovery. If you have any suggestions for content to be included in our updates, please email Craig Brown, the Chair of the Ediscovery Blog Subcommittee, at cbrown@b3legal.com.


Our heads are still spinning from the recent LegalTech extravaganza in NYC. While LegalTech is a bit overwhelming, it provides an unsurpassed opportunity to learn about major developments in eDiscovery and legal technology. Hundreds of exhibitors provided a panoply of "must have" technological tools. Once you dare venture over to a booth to pick up that give-away you can't live without, you are serenaded with the virtues of the exhibitor's offering.


Beyond simply visiting the vendors, LegalTech provided us with ample opportunity to hear from industry leaders concerning how technology is shaping the legal landscape. The sessions covered a myriad of topics, including data privacy, Technology-Assisted Review, eDiscovery practice groups, legal ethics, social media, information governance, use of analytics, and cybersecurity. There was also an insightful judicial panel concerning impending changes to the Federal Rules of Civil Procedure.


Overall, LegalTech was a remarkable event, as always, giving all who attended the chance to further their knowledge of eDiscovery and the current technological tools. The opportunity to reconnect with old friends and crash a party or two was an added benefit to the jam-packed few days of LegalTech.





This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of B3 Legal, an international contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon. He has served as Subcommittee Chair on eDiscovery with the New York County Lawyers' Association.

December 16, 2014

Evaluation of Machine-Learning Protocols for Technology -Assisted Review in Electronic Discovery


See below for developments in the rapidly evolving law of eDiscovery. If you have any suggestions for content to be included in our updates, please email Craig Brown, the Chair of the Ediscovery Blog Subcommittee, at cbrown@b3legal.com.


Maura Grossman and Gordon Cormack, two leaders in eDiscovery, provide an in-depth analysis for the "Evaluation of Machine-Learning Protocols for Technology -Assisted Review in Electronic Discovery." The article (Linked Here.pdf) discusses a study that compares 3 protocols for technology-assisted review ("TAR"): Simple Active Learning ("SAL"), Simple Passive Learning ("SPL") and Continuous Active Learning ("CAL"). The authors conclude that CAL is the best protocol; SAL, second-best; and SPL, the least effective. This is a must-read for any practitioner who not only wants to use TAR, but also wants to use the best TAR protocol.




This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of B3 Legal, an international contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon. He has served as Subcommittee Chair on eDiscovery with the New York County Lawyers' Association.

October 29, 2014

Mediation in eDiscovery


See below for developments in the rapidly evolving law of eDiscovery. If you have any suggestions for content to be included in our updates, please email Craig Brown, the Chair of the Ediscovery Blog Subcommittee, at cbrown@b3legal.com.

Steven C. Bennett, a partner with Park Jensen Bennett LLP and a leading legal authority on eDiscovery, has penned a thoughtful article on the "Potential Uses for Mediation in eDiscovery." Mr. Bennett explains that despite all the attempts to reform the eDiscovery process, the process remains inefficient and expensive. Mr. Bennett proposes the use of mediation to foster cooperation and, thus, facilitate lower-cost, higher-quality eDiscovery processes. While discussing the limits of mediation (power to compel is lacking and technical expertise of the mediator is required), Mr. Bennett advocates for the establishment of a court-sponsored eDiscovery mediation program. This insightful article is linked here.BennettRprtCorr.pdf


This entry was made by Craig Brown and Yitzy Nissenbaum. Mr. Brown is President of B3 Legal, an international contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern. Mr. Nissenbaum is currently a practicing attorney in NY. He was formerly Of Counsel with Kirkland & Ellis and an Associate with Kenyon & Kenyon. He has served as Subcommittee Chair on eDiscovery with the New York County Lawyers' Association.

Reproduced with permission from Digital
Discovery & e-Evidence, 14 DDEE 146 (Mar. 27, 2014).
Copyright 2014 by The Bureau of National Affairs,
Inc. (800-372-1033) www.bna.com


September 16, 2014

Upcoming CLE Program


An upcoming CLE Program, which is co-sponsored by the Commercial and Federal Litigation Section and the Law Practice Management Committee of NYSBA, is of vital interest to the eDiscovery community. New Horizons in EDiscovery is being kindly hosted by Nixon Peabody LLP (437 Madison Avenue) from 4 - 7 pm this Thursday, September 18th.

Topics include cybersecurity, the role of specialized eDiscovery counsel, and the impact of recent eDiscovery opinions. Esteemed panelists are Hon. Shira A. Scheindlin, Magistrate James Francis IV, Stacey E. Blaustein, Constance M. Boland (program chair), Adam I. Cohen (program chair), Joseph V. DeMarco, John Elbasan, Ian K. Hochman, John Bandler, Taylor M. Hoffman, and Steven C. Bennett.

If you've not yet registered, you can do by clicking "here".


Craig Brown is President of B3 Legal, a national contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern.