As I stow the turkey platter and box up the pilgrim décor, I’m reminded that it’s time once more to celebrate E-Discovery Day, TODAY, Thursday, December 1. No doubt, you’re saying, “So SOON?!?! I still haven’t retrieved those E-Discovery Day 2015 balloons that got loose in the atrium, and who’s going to eat all that E-Discovery Day Kringle taking up space in the office freezer?” (Special-ordered from Racine in the traditional e-discovery flavor, Cinnamon, TIFF and Tears™).
I know. Already? We don’t even have new Federal rules this time! Judges are still exercising discretion when meting out sanctions for spoliation, and proportionality is back on top, though no one knew it was gone!
But, as the E-Discovery industry has thoughtfully fashioned a holiday to fill the tedious weeks between Thanksgiving and Christmas/Chanukah/Kwanza, let’s warm the wassail, join hands and lift our voices in celebration for those few cherished hours that are E-Discovery Day. Remember: there’s still time to shop for the perfect E-Discovery Day gift, and as a tip, Ralph “Gimpy” Losey has a new $100 book of reprinted blog posts, perfect for the e-discoverer on your list still stymied by the web browser. (Get well soon, Ralph!)
Let me invite you to begin your fun-filled E-Discovery Day at the non-intuitive time of 11:15 am eastern/8:15 am pacific TODAY, Thursday, December 1, 2016, by listening to a panel comprised of Robert Cruz, Tara Jones, Zach Warren and Yours Truly discussing Mainstream News & E-Discovery: What You Should Be Watching Out for in 2017. Per our hosts Actiance and Exterro, we will be recapping “what news events you should be tracking and proactively advising your legal team on to ensure you’re prepared to take on new e-discovery risks in 2017.”
In truth, we will be talking about a plenitude of topics that pop into our heads, including how e-discovery in 2017 will not even slightly resemble e-discovery in 2016. Thanks to automation, TAR 42.0, automobile telematics, deeply-buried ABA commentary and easy-to-apply proportionality standards, you won’t even have to show up at work anymore. Instead, you’ll just tell Alexa, Siri, Cortana and Hey Google, “Get me the non-privileged e-stuff,” and it will be done in seconds for a pittance. But, sadly, if you miss our webcast (and the hours of fine programming that follow), don’t be surprised if e-discovery in 2017 looks to you, the uninitiated, just exactly like e-discovery in 2016.
Later today [4PM EST / 3PM CST / 1PM PST], I’m doing another webcast, this one for Nuix, entitled, The Tipping Point of New Technology in Discovery. The topic grows out of an essay posted here on October 19, 2016 wherein I addressed proportionality considerations when weighing the cost and accuracy of automated transcription and translation tools in e-discovery. Put simply, for inexpensive technologies that displace manual processes, how inaccurate can such technologies be before the savings won’t defray failure? I’ll be speaking from New Orleans, and the discussion will be led from Sydney by Nuix’ Angela Bunting. I’m joined on the panel by Judge Xavier Rodriguez (USDC WDTX) in San Antonio and Scott Cohen of Winston & Strawn in New York. This promises to be a lively talk! Please stop by.
There’s a lot of really good content coming your way for free TODAY. Don’t miss it.
Happy E-Discovery Day to You and Yours!