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 today’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 Hale’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. Today’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.

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. The first panelist for today’s show is well known e-discovery expert Jonathan Redgrave from Redgrave LLP, the newly formed e-discovery law firm bearing his name, who is one of the true icons in electronic discovery and was instrumental in getting The Sedona Conference established as a place where some of the top legal minds can collectively study and generate best practices to deal with Electronic Discovery issues. The other panelist is 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 CEO’s on how to use social media. Dave created the platform which ESIBytes uses and has won awards nationally as one of the top CEO’s in the country.  

Today’s show will be a combination of topics as we discuss 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 on the internet.

Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk about how the vendor relationship has shifted from law 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.

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 today’s show include Miriam Smolen with Fannie Mae, Justin Murphy with 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 largely 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.

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.  In this episode, we will be discussing New York state law and how it contrasts with federal electronic discovery practice. Our first panelist for today’s show is Mark Berman from Ganfer & Shore who has written over a dozen articles on electronic discovery in the New York Law Journal.  Our other panelist is 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.

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 today’s show are Farrah Pepper and Jennifer Rearden from the Am law 100 law firm of Gibson Dunn & Crutcher’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 Dunn’s mid-year report as a template but will provide an overview as well as adding Ron Hedges’ insights.

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.

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 fishing expedition. 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.

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 occurring in ECA, possibly controversial in nature.