New Lawyer Division MCLE Meeting Location: Attorney ...€¦ · including the “Felony Assistant...
Transcript of New Lawyer Division MCLE Meeting Location: Attorney ...€¦ · including the “Felony Assistant...
New Lawyer Division MCLE Meeting Location: Attorney Resource Center
Date: April 4, 2019
11:45 AM – Noon Welcome/Introductions Lisa Murphy, New Lawyer Division Chair Jessica Defino, New Lawyer Division Vice Chair
A few words from Angel Traub – Today’s Lunch Sponsor
Noon – 1:00 PM Program
e-Discovery Demystified Deborah Temkin- Complete Discovery Source, Inc.
Speaker’s Bio is attached
Presentation Summary
An overview of what e-discovery is and why it is important for attorneys to understand it and be able to articulate it to a judge. The presentation will go through each of the phases of e-discovery and will highlight past and current challenges within the e-discovery process.
Next Meeting: TBD
DCBA Events: April 15th - New Lawyer Lunch with a Judge. This event is open to new lawyers only (must be in practice for 3 years or less) with a
capacity of 12 attendees. There is a $10 fee and you can register on the DCBA website. Noon – 1pm. No MCLE credit.
April 18th – Monthly Happy Hour at Rock Bottom in Warrenville from 5:30 – 7:30 pm.
April 30th – 11:15am – 1pm. Law Day at LE Jardin Cantigny Park. The State of the Courthouse Address will be given by Honorable Daniel Guerin, Chief Judge of the 18th Judicial Circuit Court
Earn CLE Online!
DCBA OnDemand CLE is Now Powered by IICLE The Illinois Institute for Continuing Legal Education (IICLE®) and the DuPage County Bar Association (DCBA) are excited to offer a new IICLE®Share collaboration to provide DCBA members a high quality and reliable online learning experience. Members can find the link to The Illinois Institute for Continuing Legal Education (IICLE) on the DCBA website under “Legal Community”OnDemand CLE Online CLE Catalog
View & Print All CLE Certificates through the DCBA Website:
Manage Profile -> Professional Development (under content & features) and choose the icon to the left of each meeting to print your certificate directly or choose to have them emailed to you to save to your computer (you MUST be logged in to view this feature)
Featuring the 2019 State of the Courthouse AddressHonorable Daniel P. Guerin Chief Judge Eighteenth Judicial Circuit
Judge Daniel P. Guerin is Chief Judge of the 18th Judicial Circuit. After graduating from DePaul University College of Law, Judge Guerin worked for thirteen years as an Assistant State’s Attorney in the DuPage County State’s Attorney’s office in the misdemeanor and felony criminal divisions. In March 2003, while working as the Supervisor of the Domestic Violence and Child Abuse Unit of the DuPage County State’s Attorney Office, he was appointed as Associate Judge. In 2010, the Illinois Supreme Court appointed Judge Guerin as Circuit Judge. Since that time, he has served as Presiding Judge of both the Misdemeanor and Felony Divisions.
Judge Guerin is the recipient of many accolades for his professional and community work including the “Felony Assistant of the Year Award” in 1996, the DuPage Family Shelter “Justice System Partner Award” in 2006, and the La Rabida Children’s Hospital “Big Hearts for Young Heroes Award” for his work for victims of child abuse. In addition to his role in the Judiciary of DuPage County, Judge Guerin loves to spend time with his family including his wife and three children. He is an avid reader of history and particularly of American legal and political history. He coaches basketball, soccer, and baseball, and can also be found playing golf on occasion.
Join the celebration of Law Day 2019Tuesday, April 30, 2019
Le Jardin at Cantigny Park in Wheaton
Attorney or Guest Ticket $60New, Public Service or Government Attorneys and Courthouse Staff $50
Purchase tickets before April 24th to save $20
11:15AM - 1:00 PM Plated Lunch, State of the Courthouse,
Pro Bono Awards and Liberty Bell Award
Register online at www.dcba.org or call (630) 653-7779
2019 Law DayLuncheon
VOLUNTEERS NEEDED FOR LAW DAY ACTIVITIESIllinois Legal Answers Online Pro Bono Clinic
April 29, 2019 - 11:30 AM - 1:00 PM - Attorney Resource Center - Lunch Served
Grade School Mock TrialMay 3, 2019 - 10:00 AM - 1:00 PM - Courthouse
Call (630) 653-7779 or write to [email protected] to volunteer
Join us to give legal assistance to those in need through a discrete pro bono opportunity!
Lunch will be provided. Advance registration is required by Thursday, April 25th at
www.pili.org/18thcircuit. If you have any questions or problems with the registration form, please
contact Rebecca Fernández at [email protected] or 312-832-5127.
Attorneys will be trained on how to answer questions posted on Illinois Legal Aid Online’s Legal Answers website.
What is Legal Answers? Legal Answers is a secure website (IL.freelegalanswers.org) where lower income Illinois residents can ask a lawyer for help with a legal issue. Qualified users post questions about civil legal problems. Volunteer lawyers then log onto the site and select questions to answer. It’s like a virtual walk-in legal clinic.
Monday, April 29, 201911:30 a.m. to 1:00 p.m.Attorney Resource CenterDuPage Judicial Center - 3rd Foor505 North County Farm Road Wheaton, Illinois
Legal Answers Pro Bono Clinic Day
How the Legal Answers Clinic will work:1. Before the event, volunteers register with IL.freelegalanswers.org.2. At the event, volunteers will be trained on how to answer Legal Answers questions.3. Lawyers will choose 1-2 questions to answer at the event and then will be able to answer
many more whenever they want.
Public Interest and Education Commission
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eDiscovery Unraveled
Complete Discovery Source
DuPage County Bar Association New Lawyers
April 4, 2019
Agenda
Introduction
Learning Objectives
What is eDiscovery
The EDRM (4 Stages)
Managed Review
Why CDS?
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Introduction
Learning Objectives
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Learning Objectives
Understanding of what eDiscovery is
Understanding of the stages of eDiscovery
Understanding of how technology is used in the stages of eDiscovery
An understanding of past and current challenges in the eDiscovery process
What is eDiscovery
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eDiscovery Electronic Discovery
eDiscovery; E‐Discovery; e‐Discovery
Procedure by which parties involved in litigation: Preserve
Collect
Review
Exchange
Electronically stored information to use as evidence
Electronically Stored Information (ESI)
Email (with and without attachments)
Documents (Word, Excel, Pages, Numbers, PDF’s)
Company databases
Social media
Slack
Instant messaging, including WhatsApp
Other smartphone apps
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eDiscovery is a Process Process involving many actions – sequential and concurrent Begins when litigation is reasonable foreseeable
Legal duty to preserve potentially relevant ESI
Ends when documents are presented in court (or litigation is settled)
Attorneys for both sides Determine scope of eDiscovery Identify relevant ESI Preserve relevant ESI Make eDiscovery requests Challenge opposing counsel
Example Matters Automotive Product Liability
Major case with government investigation, personal injury and multi‐district litigation
Collected and processed 12TB for government hearings within 60 days Created single repository for MDL management for 10 participants
and 150 users
Energy Sector 2nd Request Collected and processed 22TB of data in 4 weeks Applied Technology Assisted Review (TAR) to identify privilege and
responsive documents Produced 4MM documents within 60 day deadline
Investor Fraud Mega‐Case 30TB in 25 workspaces 400 security groups and 200 matters Inter‐workspace review protocol
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Example Matters (continued)
Another non‐standard workflow comparing the productions from 2 parties against each other
Required a very consultative approach to design the workflow to meet their needs
Told about the project on Friday afternoon, team was ready to start on Saturday, before the client was able to respond to give the greenlight
Review team was asked to fill in where technology couldn’t due to problems with the data
The EDRM
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The EDRM
Left Hand Side
Right Hand Side
The EDRM
Left Hand Side
Right Hand Side
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1 – Identification, Preservation, Collection
Identify potentially relevant or responsive ESI
Preserve ESI (Legal Hold) Collect ESI Strategic decisions Litigation Investigation Proportionality
Forensic Collections Laptop and desktop computers (PC, MAC, Linux) Email (corporate and personal) External media (hard drives, CD, DVDs, etc.) Servers (Windows, Linux, UNIX, etc.) Data stored by cloud service providers to include MS Office 365
Mobile devices (BlackBerry, Android, iOS, etc.) Social media sites Website preservation / collection Remote collection of data as it resides in its native state
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The EDRM
Left Hand Side
Right Hand Side
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2
2 ‐ Processing
De‐Dupe/De‐NIST
Date Filter
Tested Key Terms
Spam Filter
Process/Promote to Review
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The EDRM
Left Hand Side
Right Hand Side
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2
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3 – Assessment and Identification Early Case Assessment (ECA) Analytics
Structured Analytics (De‐Dupe, Near De‐Dupe, Threading) Machine learning (Predictive Coding) Technology Assisted Review (TAR) Artificial Intelligence (AI) Continuous Active Learning (CAL) Visual Analytics (Clustering)
Review Redaction
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Early Case Assessment (ECA)
Identify potentially privileged documents Cull out a significant percentage of non‐responsive documents
Speed classification and prioritization of document sets
Early Insight, Cost Savings & Review Acceleration
Integrated Dashboard Total dataset visibility End‐User controlled process
Analyze time frames, custodians and data types
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Privilege Screening Law firm communications PII/Health information
Auto‐Redaction Integrated into the review workspace
Automatically identify PII, PHI, and sensitive data types via pattern recognition
Auto‐redact based on keywords, phrases or regular expressions
Quality control workflow
Native Excel redaction
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Non‐responsive Data Elimination News/Promotions Social Media
Topic Clusters Automatically generated based on document info Speed classification and prioritization of document sets
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Visual Analytics – Clustering Dynamic, interactive data
visualizations and dashboard
Concept search and cluster wheel
Communication analysis Cutting‐edge predictive
coding Automatic Relativity Sync
Audio and Video Files Artificial Intelligence (AI) engines for transcription, sentiment, translation and facial recognition in audio and video files
Integrated into review platform Advantages: Higher accuracy than phonetic search Faster, more exacting indexing and processing Dozens of AI engines = broader capabilities
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Managed Review: Core Capabilities
Technology Driven Review
Specialty Workflows
Standard Linear Review
TAR/Analytics Review Consultation
Status Reports
Daily status report
Issue Log
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QC Reports
Productivity Reports
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0.005
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0.015
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0 20 40 60 80 100 120 140
Review Rate Distribution
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Standard Workflow
Set Goals Set Protocols TCA Review Priv QC Stats QC Production
Reporting and Questions
Feedback
Batch QC
Search QC
Training
Dedicated Managed Review Team
Client Director
CDS Lead Project Manager
eDiscovery Data Scientist/Analytics
Managed Review
Responsive Review
Non‐responsive Review
Privilege ReviewProductions
Review
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The EDRM
Left Hand Side
Right Hand Side
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4 – Production and Presentation Subject to eDiscovery Rules Responsive Documents Redacted for Privilege Coded for: Issues Confidentiality Privilege type Etc.
Text and Natives
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Challenges
Challenges Infrastructure Security Data Privacy Cross‐Border Matters Data Volumes and Proportionality Deadlines File Types Keeping up with Technology Changes
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Questions?
Biographical Data Deborah Temkin is a Director of Business Development at Complete Discovery Source. (CDS) Deb has over twenty years of litigation support and consulting experience in e-discovery, managed document review (including Technology Assisted Review), FCPA and internal investigations, financial investigations and forensic accounting. Prior to joining CDS, Deb was the Midwest Managed Document Review Services leader for a Big 4 auditing and consulting firm. Deb is a Certified Fraud Examiner and is also a Chartered Accountant. Deb has developed numerous training programs and presentations throughout her career. She has presented to audiences of all sizes on a variety of topics and enjoys sharing her knowledge and experience to help others grow in their careers. She is the Chicago Chapter Director of Women in eDiscovery. Deb is a mother to two teenage boys and three feline daughters. Throughout her career, she has taken on numerous roles and challenges, which enabled her not only to grow as a professional, but also allowed her to spend time with her family. Deb has mentored numerous professionals over the years, and has enjoyed being a part of her mentees’ professional and personal growth. In her spare time, Deb enjoys reading, cooking, and walking. She also enjoys learning and is constantly researching items of interest.