The Texan in me can’t hear the phrase “on the road again” without also hearing Willie Nelson’s nasal voice singing it.  But, the life I love IS making music with my friends, if by “music” we mean bringing “aha” moments to lawyers and others interested in e-discovery and forensic technology.

Today, I head to Portland, for the 2018 Preservation Excellence or PREX Conference put on annually by the good folks at Zapproved.  It’s a splendid faculty congregated in an always-lovely venue and punctuated by good conversation, fine food and the splendor that is Oregon in September.  PREX is always worth the trip; so, if you have the chance to go, by all means, attend.

This year I have a lot to do at PREX.  I have the privilege to host a keynote discussion with CNN and The New Yorker magazine legal commentator, Jeffrey Toobin.  You can be sure that the U.S. Supreme Court, the Mueller investigation and Brett Kavanaugh’s confirmation hearing will all come up.  Toobin is a bestselling author of seven books, including several on the Supreme Court and on the O.J. Simpson murder case and kidnapped heiress Patty Hearst.  Talking with Toobin rounds out my opportunity to do Charlie Rose-style conversations with Doris Kearns Goodwin and Nina Totenberg at earlier Zapproved events.

I’ll also moderate a “People’s Court” debate between Brett Tarr and Dan Nichols.  Brett is Chief Counsel for E-Discovery and Information Governance at gaming conglomerate Caesars Entertainment, and Dan is a partner with Redgrave LLP, the far-flung corporate e-discovery consultancy.  These two really despise each other, so there’s sure to be a lot of eye-gouging and attacks on legitimate parentage.  (That’s my story, and I’m sticking to it).

Finally on Wednesday, I’ll be doing a little speaking of my own in a lonely breakout session where we will talk about preserving and discovering evidence on mobile phones.  They’ve titled it, OMG, SMS & ESI: Preserving & Collecting from Mobile Devices.  The session description reads:

How does one craft a discovery request for text messages? What are the different techniques for preservation, collection and review of mobile data? When does it make sense to complete a full forensic collection on a mobile device? This session will deliver foundational information and practical examples of process and policy management for mobile devices in ediscovery.

if you haven’t yet come to grips with mainstreaming mobile devices into day-to-day e-discovery, know you’re not alone–everyone is struggling, or more likely closing their eyes, hoping mobile will go away.  Perhaps we can make some progress together.

PREX  September 25 – 27, 2018  |  Portland, OR

Then, no-rest-for-the-dreary, I wing to the Windy City of Chicago (so-called NOT due to weather, but for the propensity of its politicians to pontificate at length).  I’m heading to the annual Relativity Fest, a stupendous amalgamation of e-discovery education and evangelical tent meeting cum rock concert.  If there were the slightest doubt that Relativity dominates the e-discovery review space (and is hungry to gobble up the rest of the EDRM), such foolish doubt will be crushed by the power of Fest.

I enjoy Fest for many reasons, not the least of which is the chance to work with the always-engaging David Horrigan, Relativity’s discovery counsel and legal content director.  David is a fine writer, insightful commentator and skilled teacher.  Eclipsing that is his distinction as a great guy, someone always fun to be around and adept at eliciting the best from those he hosts.

At Fest, David will moderate a panel I’m on called The Internet of Things from a Legal, Regulatory, and Technical Perspective.  I’m fortunate to join Gail Gottehrer, Partner and Co-Chair of the Privacy, Cybersecurity, and Emerging Technology Practice at Akerman, who will give the regulatory perspective, and Ed McAndrew, Partner at Ballard Spahr and former DOJ cybercrime coordinator, who’s charged with the legal point of view.  I guess that leaves the technical stuff to me, which is where I’m happiest anyway.

Relativity Fest  Sep. 30 – Oct. 3, 2018 | Hilton Chicago

I hope to see you at one or both of these exciting confabs, enjoying two fine faculties in wonderful venues.  The joy and value of these events isn’t just what’s planned, but the interactions around and outside of the sessions, too.

Houston is my hometown.  I wasn’t born there (though both my children were); but, I got there as quickly as I could, at age 17 to study at Rice University.  I practiced law in Houston and kept a home in the Houston area for 38 years, longer by far than anywhere else.  I have deep Texas roots, proud Houston roots.  So, it pains me to see what’s happening in Harris County, and as a past President of the Houston Trial Lawyers Asociation, I’m thinking of all my colleagues whose offices are submerged or inaccessible and whose practices will be devastated and disrupted by Hurricane Harvey.

Right now, the needs are basic: shelter, food, clothing, medical care and such.  Soon, however, we must restore the legal and business infrastructure.  Though Houston is home to several megafirms, the majority of Houston lawyers–the best lawyers in the world–are small firm- and solo practitioners.  It’s these lawyers who will help people pick up the pieces of their lives by prosecuting claims for storm damage when insurers decline to pay what’s owed.  In Texas, the need is dire as the toadying Texas Legislature serves at the pleasure of big national insurance carriers, a fact borne out by legislation that, even before Harvey’s waters recede, will operate to deprive Texas insureds of substantial rights to recover for storm losses, effective September 1.  Ironic.  Tragic. Despicable.

So, we must pull together to help Gulf Coast lawyers recover from the storm. My friend, Tom O’Connor, unselfishly organized a relief effort for Louisiana lawyers when Katrina crippled New Orleans and environs.  I’m proud to have contributed in a small way to that effort, financially and by speaking in New Orleans about tech tools to help lawyers cope. I look forward to the chance to work with Tom and with The Computer and Technology Section of the State Bar of Texas to do the same for Gulf Coast lawyers.

There is so much to do, and we must each do what we can according to our particular ways and means. Helping Texas lawyers harness technology to weather the storm is something I can do, and I know it’s within the capability of many of my readers. Houston needs help, and Houston deserves it.  After Hurricane Katrina, Houston took in a quarter of a million evacuees, some forty thousand of them stayed.  When I was at Rice, Houston welcomed 200,000 Vietnamese refugees.  No city is more diverse.  None more self-reliant and can-do.  No city has a bigger heart.

There are a lot of sodden computers and hard drives in Houston and all along the Gulf Coast.  Where once we grabbed the family photo album in an evacuation, today, cherished photos (and crucial client data) is all digital.  To that end, I offer this link to a post I wrote after Katrina addressing data recovery.  We have come a long way since since August 2005.  The Cloud and mobile devices play a big role in data storage, and many hard drives are now solid state; still, the majority of computers rely on mechanical hard drives for long term storage, and water plays havoc with mechanical hard drives. What you do with a damaged device in the aftermath makes a huge difference in whether the data they contain can be resurrected.

Please help Houston, and Houston lawyers, get back on their feet.  Believe me, Houstonians would be there for you.  They’ve proved it many times before.

Sorry to take your time asking for help. so I’ll be quick about it.

But first, thank you.  Thanks to you, dear reader, this blog and its 85 posts reached 100,000 views a few days ago.  That’s nothing compared to the millions of page views others see, but it’s very gratifying to me because I launched this blog without saying a word to anyone.  Somehow, you just found it.  Ball in Your Court is an outlet born of frustration with the two-month publication lag attendant to my former print column and the sudden shuttering of an American Lawyer Media blog where I’d previously posted.  I wanted a place where no one could pull the plug but you or me.  This blog is a very personal connection to you.

The favor I ask is this:  if you like the content here or find it of some value, please share it with someone you think might be interested.  If you have a blog or site with a blogroll, please consider adding Ball in Your Court to your blogroll.  I will try to earn my place on your page and in your day.  Thanks.