Technology in the Law Symposium

Transcription

1 Technology in the Law Symposium Big Data: Transforming Costly Chaos into Valuable Intelligence June 19, 2014 The Mid-America Club Chicago

2 2014 Technology in the Law Symposium Corporations and their counsel are increasingly employing analytics technology to solve many of today s most challenging and expensive exercises outside of a legal context. That same analytics technology is the basis of predictive coding, a document review methodology that, while shown to lower the costs associated with the most expensive part of any litigation, has only recently received attention from and, in some instances, endorsement by litigants and judges as an acceptable, costeffective way to identify relevant data. The technology is not Corporations and their counsel are increasingly employing analytics technology to solve many of today s most challenging and expensive exercises outside of a legal context. without its detractors; naysayers question the reliability of predictive coding. However, even they are hard pressed to find a more cost-effective way of dealing with the dramatic increase in data with which litigants must regularly contend. The problem that advanced litigation technology is now being used to solve is more often than not the result of an even bigger problem that extends beyond litigation. Traditional corporate data and risk management processes and technology solutions are not able to adequately address the dramatic rise in volume, velocity, variety and veracity of Big Data. Consequently, corporate stakeholders are increasingly turning to the same analytics solutions used in predictive coding to help classify, access and protect relevant data in order to better manage their liability and regulatory risks. Join McDermott Discovery at our second annual Technology in the Law Symposium which will focus on the opportunities and challenges experienced with this advanced technology in modern law practice. Attendees will include members of corporate legal and compliance departments, as well as electronic discovery litigators and thought leaders from Chicago and across the country. Our esteemed panelists include leading software developers, litigation and corporate counsel, and a distinguished former member of the federal judiciary. Together, they will discuss the strengths and weaknesses of predictive coding and other advanced technology inside and outside of a litigation context; best practices for using analytics; and suggestions for how to use the same technology typically used for electronic discovery to organize and manage the massive amounts of data collected and stored by corporations of every size Technology in the Law Symposium The Mid-America Club, Chicago

3 Agenda Thursday, June 19, :00 12:30 pm Lunch 12:15 pm Welcome Geoffrey A. Vance, Head of McDermott Discovery and Partner, McDermott Will & Emery 12:30 pm Keynote Introduction: Sidebar with Judge Nolan Hon. Nan R. Nolan (Ret.), U.S. Magistrate Judge 1:30 pm predictive Coding Trends and Challenges 3:00 pm break Thanks to the proposed amendments to the Federal Rules of Civil Procedure emphasizing proportionality as well as a rising tide of judicial acceptance, predictive coding and the use of advanced analytics appear to have become an essential foundation of reasonable discovery practice. Initially endorsed for just the right cases, their use and efficacy seems to have been extended to nearly all matters, so long as the right technology is selected and used responsibly and appropriately. Our moderated panel will discuss: Acceptance of technology-assisted review (TAR) Effectiveness of predictive coding and other forms of TAR Lessons learned, mistakes made and myths debunked Hot button TAR issues Future use of analytics technology to improve work quality and reduce costs Moderator Geoffrey A. Vance, Head of McDermott Discovery and Partner, McDermott Will & Emery LLP Panelists Maura R. Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz Jay Lieb, Founder and Managing Member, NexLP Martha Louks, Discovery Consultant, McDermott Discovery Constantine Pappas, Relativity Analytics Advice Specialist, kcura Karl Schieneman, President, Review Less Sponsored by DTI 2014 Technology in the Law Symposium The Mid-America Club, Chicago 3

4 Agenda Thursday, June 19, :15 pm corporate Data Managing the Growth and Expense of Increasing Data Volumes Regardless of their industry or size, all corporations regularly face the challenge of organizing, managing and optimizing their ever-increasing volumes of data. Whether the issue is the increasing value of Big Data or the costs associated with litigating cases involving millions of documents, information governance dictates that responsible corporations eliminate unnecessary information while securing that which is valuable to their business needs. Sheer volume requires corporations to seek new and innovative approaches to this issue. Our moderated panel will discuss: The scope and impact of the Four V s of Big Data within the corporate world volume, velocity, variety and veracity Advanced strategies to classify, access and protect relevant data in corporate legal and risk management effort What the future holds in terms of additional regulatory and litigation risks, and technological solutions that may allow companies to address those risks The Fifth V of Big Data the role of value in information governance Data mining and data visualization how Big Data is managed and how that management can be improved Moderator Sandra Serkes, President and CEO, Valora Technologies Inc. Panelists Karen Quirk, Senior Corporate Counsel Litigation, Health Care Service Corporation Heather Egan Sussman, Partner and Co-Chair, Global Privacy and Data Protection Affinity Group, McDermott Will & Emery Jay Sanchez, IT Systems Administrator ediscovery, AbbVie David Yerich, Director ediscovery, United Health Group 4:45 pm concluding Remarks Geoffrey A. Vance, Head of McDermott Discovery and Partner, McDermott Will & Emery 5:00 pm networking Reception Sponsored by Planet Data Technology in the Law Symposium The Mid-America Club, Chicago

5 Keynote Speaker Hon. Nan R. Nolan (Ret.) is an arbitrator, mediator and special master based in the JAMS Chicago Resolution Center. Prior to joining JAMS, Judge Nolan was a U.S. Magistrate Judge for the Northern District of Illinois. During her 14-year career, Judge Nolan presided over numerous complex, federal cases at every phase of civil litigation. Her work on these cases ranged from supervision of pretrial discovery and mediation in settlement conferences, to presiding over bench and jury trials where parties had consented to her jurisdiction. Judge Nolan, a nationally recognized expert in electronic discovery, was one of the co-founders of the Seventh Circuit s Electronic Discovery Pilot Program Technology in the Law Symposium The Mid-America Club, Chicago 5

6 Moderators and Panelists Maura R. Grossman is of counsel at Wachtell, Lipton, Rosen & Katz, where she advises the firm and its clients on legal, technical and strategic issues involving electronic discovery and information management, both in the United States and abroad. Maura is co-chair of the E-Discovery Working Group advising the New York State Unified Court System and a member of the Steering Committee of The Sedona Conference Working Group 1 on Electronic Document Retention & Production. She is a past coordinator of the Legal Track of the National Institute of Standards and Technology s Text Retrieval Conference, a joint government/industry/academic research project studying the application of automated information retrieval technologies to e-discovery. Maura teaches electronic discovery at Columbia Law School and the Georgetown University Law Center, and serves on the advisory boards of Bloomberg BNA s Digital Discovery and E-Evidence Report and the Georgetown University Law Center s Advanced ediscovery Institute. She was co-chair of the 2013 Institute. In addition to her law degree from the Georgetown University Law Center, Maura also holds an MA and PhD in psychology from the Gordon F. Derner Institute of Advanced Psychological Studies at Adelphi University. Jay Leib is the managing member of NexLP LLC. Jay has successfully founded and led software start-ups throughout his career. Most recently, he was the chief strategy officer at Chicago-based kcura Corporation, a company focused on the e-discovery vertical. He has more than a decade of experience in the technology field and has worked in multiple roles on some of the largest e-discovery and fraud projects in the world. Before joining kcura, Jay was an executive at Ernst & Young s Fraud Investigative & Dispute Services practice. Prior to Ernst & Young, Jay founded Advocate Solutions Inc., where he invented Discovery Cracker the world s first shrink-wrapped e-discovery processing application. Jay s software applications have been recognized by numerous surveys and awards in technology and e-discovery fields. As a speaker, Jay has presented on Big Data, text analytics and predictive coding for several panels, webinars and podcasts. His specialties also include legal hold, processing, document management, emerging technologies and database design. Jay holds an MBA from the University of Notre Dame. Martha Louks is a discovery consultant at McDermott Will & Emery, where she focuses on providing high-value, efficiencydriven solutions to complex data challenges. She has managed hundreds of complex data collections throughout the United States, Europe and Asia. She has extensive experience in forensic data analysis and collection. Her innovative skills have been instrumental in automating collections and data records. For McDermott Discovery, Martha has consulted with clients to help locate potentially relevant information, culling and processing the most relevant data with targeted search strategies. She helps use the lessons learned in e-discovery collections to improve internal processes and reduce future costs in responding to security breaches, regulatory actions, internal investigations or litigation. Of particular note, Martha was instrumental in the AB InBev-Grupo Modelo merger, where she worked directly with the U.S. Department of Justice s (DOJ) Antitrust Division to develop a predictive coding protocol to limit review to only those documents most relevant and responsive to the DOJ s requests. Constantine Pappas is a licensed attorney who is admitted to the bars in Wisconsin, Virginia and Washington, D.C. He has more than 15 years of legal experience, and has served as in-house counsel in both the medical equipment and airline industries. In addition, he has managed both paper and electronic discovery efforts for a number of large-scale civil lawsuits and government investigations. Constantine is currently a member of kcura s advice@kcura team, where he provides workflow consultation to clients wishing to enhance their experience with Relativity Analytics. His special emphasis lies in the area of text analytics, particularly kcura s computer-assisted review offering, Relativity Assisted Review. Karen Quirk is senior corporate counsel litigation at Health Care Service Corporation (HCSC), a mutual legal reserve company (d/b/a Blue Cross Blue Shield of Illinois, Oklahoma, Montana, New Mexico and Texas). Karen joined HCSC in 2010 as assistant general counsel. She supervises the company s complex litigation, antitrust matters and class actions, as well as manages the company s e-discovery response team. She also advises on records management issues, and handles government inquiries and legal work related to the company s special investigations department. Prior to joining HCSC, Karen was a partner in Winston & Strawn s litigation department, where she concentrated in complex commercial litigation, corporate Technology in the Law Symposium The Mid-America Club, Chicago

7 Moderators and Panelists internal investigations, U.S. Securities and Exchange Commission enforcement, and other regulatory and white-collar matters. While at Winston & Strawn, Karen was the vice chair of the firm s e-discovery and Electronic Information Practice Group. She is the co-chair of the Seventh Circuit s Electronic Discovery Pilot Program s Early Case Assessment Subcommittee and a member of The Sedona Conference Working Group 1 on Electronic Document Retention & Production. Karen received a BA in philosophy from St. Mary s College and a JD from the University of Notre Dame Law School where she was a note editor for the Notre Dame Law Review and graduated magna cum laude. Jay Sanchez is the IT systems administrator e-discovery at AbbVie. Jay serves as the primary operational support for the AbbVie Legal Record Tracking system and is a subject matter expert in the Legal Hold & e-discovery collection process. Karl Schieneman is the president and owner of Review Less and ReviewRight, LLC. Karl specializes in review strategies that leverage advanced analytical approaches, technologies and innovative staffing to find more relevant electronically stored information (ESI) with less effort, cost and time. Karl and his company succeeded in executing this strategy of leveraging technology in the Global Aerospace case, the first case in the United States where a court approved the use of TAR despite opposition from other parties in the case. They were able to start and complete the TAR process leading to a production within the court ordered timeframe and culled out 90 percent of the documents in a two million document collection from any form of review. Karl spent 2013 developing and bringing an educational tour to nine cities nationwide, training lawyers on a variety of TAR-related issues. More recently, Karl served as special master in the Garlock Asbestos bankruptcy where he combined a unique visual clustering approach and a small multi-city review team to make 422,000 redactions in a corpus of 1.3 million records in six weeks in a very high-profile case. This all-star team of reviewers achieved a rate of 272 redactions an hour and were able to make a production to the requesting party in time for trial date involving a billion dollar dispute. Sandra Serkes is a dynamic leader with an extensive background spanning more than 20 years in software marketing, product management and corporate strategy, particularly in document processing, computer telephony and speech recognition. One of Valora s original founders, Sandra has been actively involved in Valora since its inception in Today, she oversees sales and marketing, finance and administration, operations, engineering and corporate strategy. A graduate of Harvard Business School and MIT, Sandra is a frequent industry speaker and panelist. She is an active participant in the Women Presidents Organization, The Commonwealth Institute, the MIT Enterprise Forum, the Massachusetts Software Council and the Network of Harvard Alumnae. Additionally, Sandra serves on the boards of several technology and service start-ups. She was named a 2006 Woman to Watch by Women s Business magazine. Heather Egan Sussman is a partner in the law firm of McDermott Will & Emery and is based in the Firm s Boston office. Heather is co-chair of the Firm s Global Privacy and Data Protection Affinity Group and is a Certified Information Privacy Professional. She is ranked by Chambers USA and The Legal 500 United States as a leader in her field. Heather s practice focuses on privacy, information security and consumer protection. She routinely advises on the many laws in these areas, including the Gramm-Leach-Bliley Act, Health Information Portability and Accountability Act, Children s Online Privacy Protection Act, Fair Credit Reporting Act, Telephone Consumer Protection Act and CAN-SPAM, as well as the Federal Privacy Act of 1974, Federal Information Security Management Act and related requirements. She guides clients through the existing patchwork of U.S. state laws, including California s Online Privacy Protection Act, state breach notification laws and state information security laws, as well as existing self-regulatory frameworks, including those covering online advertising and payment card processing. Heather also helps clients manage information and leverage the incredible value of data and digital technologies in a way that not only meets compliance obligations, but also supports innovation, delivers value to the business and solidifies brand and consumer trust Technology in the Law Symposium The Mid-America Club, Chicago 7

8 Moderators and Panelists Geoffrey A. Vance is a partner based in McDermott s Chicago office. A former law clerk for a federal trial judge and the previous partner-in-charge of the Firm s Trial Group in Chicago, Geof is one of the founders and the current leader of the McDermott Discovery Practice Group. He is a member of the Firm s Chicago Steering Committee and Associate Compensation Committee. Named by his peers as one of the 40 Illinois Lawyers Under Forty to Watch, Geof concentrates his practice in complex commercial litigation, focusing on product and professional liability litigation, insurance controversies and other matters involving large-scale discovery projects. He has represented foreign and domestic clients in a number of state and federal courts and other dispute resolution settings. He assisted in and tried more than 20 matters to conclusion. He also regularly assists clients in creating practical, creative and cost-effective solutions to store and manage electronic information, both before litigation (in the form of electronic records management counseling) and during litigation (when litigants are required to preserve, review and produce electronically stored information as part of the discovery process). Geof is a member of The Sedona Conference Working Group 1 on Electronic Document Retention & Production and other organizations charged with developing guidelines and standards for clients and providers of software and services related to electronic discovery. David Yerich is the director of e-discovery for UnitedHealth Group. David s responsibilities include designing, updating and implementing the processes, protocols and tools utilized by the company related to electronic discovery for regulatory and legal matters. Prior to joining UnitedHealth Group, David worked as the electronic discovery consultant at a Minneapolis law firm where he worked with lawyers, paralegals, litigation support team members and clients on all aspects of e-discovery, including the identification, preservation and collection of ESI. David also provided oversight for the document review operations. Before joining the law firm, David worked at a large agribusiness for 10 years implementing and supporting technology solutions. David s later projects focused on document and electronic records management, including a roll-out of a worldwide document management tool for their legal department. He is a graduate of the University of Minnesota and Hamline University School of Law, and is licensed to practice in the state of Minnesota Technology in the Law Symposium The Mid-America Club, Chicago

9 About the firm About McDermott Discovery As part of a global law firm with experience across a wide variety of industries, McDermott Discovery has a front row seat to the anxiety and frustration that often comes with discovery. We see the spiraling costs, business distractions and uncertainty brought on by traditional discovery providers, and we know there is a better way. We do discovery differently. We take a smarter approach, combining cutting-edge technology, practical, real-world legal knowledge and extensive discovery experience to get right to what you need. We work closely with you, capitalizing on our deep industry knowledge to anticipate your needs and develop customized solutions that fit your business. Our unique methods deliver answers that work and we get them faster, cheaper and easier, saving precious resources and providing lasting solutions. About McDermott Will & Emery LLP Established in 1934 as a tax practice in Chicago, Illinois, McDermott has grown its core practices and offices around the globe. Today we are a leading international law firm with more than 1,100 lawyers practicing in 18 offices. Further extending our reach in Asia, we have a strategic alliance with MWE China Law Offices in Shanghai. We are committed to building from these strengths in order to best serve our clients and communities Technology in the Law Symposium The Mid-America Club, Chicago 9

10 Sponsors McDermott Will & Emery and McDermott Discovery thank the following 2014 Technology in the Law Symposium sponsors. break Networking Reception symposium Technology in the Law Symposium The Mid-America Club, Chicago

11 Boston Brussels Chicago Düsseldorf Frankfurt Houston London Los Angeles Miami Milan Munich New York Orange County Paris Rome Seoul Silicon Valley Washington, D.C. Strategic alliance with MWE China Law Offices (Shanghai) DISCOVER US ONLINE: McDermott 2014 McDermott Will & Emery. McDermott operates its practice through separate legal entities in each of the countries where it has offices. This communication may be considered attorney advertising. Previous results are not a guarantee of future outcome.