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Tech Matters: Managing Legal and Ethical Issues at the Cutting Edge of eDiscovery


Level: Advanced
Runtime: 61 minutes
Recorded Date: February 04, 2020
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Agenda


• The Duty of Technology Competence
        - ABA Model Rule 1.1
• The Scope of Technology Competence
• Metadata Management
• Search Term Culling before TAR
        - Ethical considerations in culling before TAR
• TAR Validation Practices
        - The ethics of validation
• Q & A

Runtime: 1 hour, 1 minute
Recorded: February 4, 2020

Description

In just 10 years the case law around eDiscovery AI & Analytics has exploded. Over 100 published opinions specifically address TAR and Predictive Coding--evaluating complex and nuanced issues like defensibility, workflow design, protocol negotiation, and transparency obligations. In the meantime, dozens of state bar associations have imposed ethical obligations for lawyers to maintain technical competency, including within eDiscovery. Thomas C. Gricks III will lead an educational panel of experts covering the key legal issues around eDiscovery and technology.

This program was recorded as part of ALM's Legalweek Conference on February 4th, 2020.

Provided By

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Panelists

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Tom Gricks, III

Lead Strategy Consultant
OpenText

A prominent e-discovery lawyer and a leading authority on the use of technology-assisted review, Tom is the Director of Data Analytics at OpenText. At Catalyst he advised corporations and law firms on best practices for applying technology to reduce the time and cost of discovery and investigations.

Tom has more than 30 years’ experience as a trial lawyer and in-house counsel, most recently with the law firm Schnader Harrison Segal & Lewis, where he was a partner and chair of the E-Discovery Practice Group. He was lead e-discovery counsel in Global Aerospace v. Landow Aviation, the first case in the country to authorize the use of TAR over the objection of opposing counsel.

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Andrea D'Ambra

Head of eDiscovery and Information Governance
Norton Rose Fulbright

Andrea L. D'Ambra is a partner in the New York office and the U.S. Head of eDiscovery and Information Governance.

Andrea focuses her practice on data privacy, e-discovery, cross border discovery, and cybersecurity. Andrea assists clients in navigating foreign data privacy laws while complying with US discovery obligations and is a recognized thought-leader on the discovery challenges posed by emerging technologies.

During the past three years, Andrea has developed a particular specialty leveraging advanced technology to quickly, efficiently, and defensibly respond to HSR second requests and other regulatory investigations. Recently, she represented a target corporation in the first European Commission DG Comp investigation where the parties were permitted to use Technology Assisted Review to identify documents relevant to the inquiry.

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David L. Stanton

Partner
Pillsbury Winthrop Shaw Pittman LLP

David Stanton leads the firm’s nationally recognized Information Law and Electronic Discovery group, oversees the firm’s nationwide Litigation Support department, and is a member of Pillsbury’s Privacy, Data Security & Information Use group.

David’s practice largely focuses upon emerging issues involving the intersection of law and technology, including information governance, electronic discovery, cyber-risk, privacy and incident response. He facilitates Pillsbury’s electronic discovery activities across all offices and he manages the firm’s largest e-discovery projects. David collaborates with in-house attorneys and IT professionals on projects involving information management, records retention, cloud migrations and data disposition, as well as litigation readiness programs and litigation hold procedures.

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Hon. Andrew J. Peck

Senior Counsel
DLA Piper

The Honorable Andrew J. Peck served for 23 years as a United States Magistrate Judge for the Southern District of New York, including a term as Chief Magistrate Judge from 2004 to 2005. Before his appointment to the bench, Judge Peck was in private practice for 17 years, focusing on commercial and entertainment litigation, including copyright and trademark matters, with extensive trial experience.

At DLA Piper, Judge Peck advises on innovative and efficient solutions to the challenges of information management, both within and outside the litigation context. He frequently speaks at conferences concerning eDiscovery issues. Since joining DLA Piper, Judge Peck has been retained to serve as special discovery counsel to clients and law firms, and to submit expert reports in state court cases. Judge Peck is ranked by Chambers as "Recognized Practitioner" for "Litigation: E-Discovery in USA- Nationwide."

Judge Peck also is available to serve as an arbitrator, mediator and Special Master. In addition to serving directly through DLA Piper, Judge Peck is on the arbitration and mediation rosters of the American Arbitration Association (AAA), Federal Arbitration, Inc., and National Arbitration and Mediation (NAM).

Judge Peck is recognized internationally for bringing electronic discovery competency to the attention of both the judiciary and bar. Indeed, he is widely described as the first judge to tackle the subject of e-discovery head on, most notably in the influential 1995 decision Anti-Monopoly v. Hasbro, in which Judge Peck found that "it is black letter law that computerized data is discoverable if relevant." Also among his legacy rulings is the 2012 employment class action Monique Da Silva Moore, et. al. v. Publicis Groupe & MSL Group, the first judicial decision approving the use of technology-assisted review. By 2015, Judge Peck declared in Rio Tinto v. Valle that it was black-letter law that if the responding party wished to use TAR, courts would allow it. In March 2018, the New York Law Journal called Judge Peck "one of e-discovery's most influential figures."

Among the honors he has received, American Lawyer named him to its list of the Top 50 Innovators of the Last 50 Years as its Judicial E-Discovery Innovator.


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