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February 01, 2013

ASU-Arkfeld EDD & Digital Evidence Conference

The second annual Arizona State University-Arkfeld eDiscovery and Digital Evidence Conference takes place on March 13-15 at the Sandra Day O'Connor College of Law at ASU in Tempe, Ariz. (near Phoenix).  Attendees can receive up to 15 CLE credits. The first 80 registrants receive an e-discovery Best Practices Guide as part of the conference fee.

Facciola2It is an exciting time for us as we continue preparing for the conference with prominent speakers and content. Joining us will be federal Magistrate Judge John Facciola, (left) of the District of Columbia, who is providing the keynote address and assistance on several panels. Maura Grossman will discuss "technology-assisted review," and we'll have a host of other experts discussing e-discovery and digital evidence trends and issues.

There's no better time to visit the beautiful Grand Canyon State than in the spring, when you can catch a spring training baseball game, play golf and tennis at world-class venues, or simply bask in the sun around the pool. All that in addition to brushing up on the critical field of electronic information.

Click here to register

Click here to download the brochure

January 24, 2013

Conference on E-Discovery for Small to Medium Cases

The University of Florida Levin College of Law and EDRM are offering a new e-discovery conference, "Electronic Discovery for the Small and Medium Case," to be held on April 4-5, 2013. The conference will take place at the UF Law campus in Gainesville, Fla., and will also be available as a live, online stream. For more information, go to

November 27, 2012

Second Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference

Michael Arkfeld and Arizona State University's Center for Law, Science & Innovation is very pleased to announce that the Second Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference will be held on March 13-15, 2013, in Tempe, Ariz., at ASU's Sandra Day O'Connor College of Law.

The conference is dedicated to providing practical, structured, and cutting edge CLE instruction on electronic discovery issues. It will focus on advancing legal professionals' understanding of essential legal and technological principles surrounding electronic discovery.

Our keynote speakers this year will be the Honorable Paul Grimm, Chief U.S. Magistrate Judge from the District of Maryland, and, returning from last year by popular request, the Honorable John Facciola, U.S. Magistrate Judge from the District of Columbia.

Some of the distinguished speakers include: Michael Arkfeld, Robert Singleton, Cecil Lynn, Ken Withers, Scott Kane, Sean Gallagher, Maura Grossman, Ron Sotak, Wendy Zerr Jackson, Browning Marean, Paul Armbruster, Mark Sidoti and many other corporate and law firm speakers.

For early bird discount and for further information visit

October 12, 2012

How to Walk Upright With Digital Evidence

1012ltnp21From time to time, LTN columnist, trial attorney, and E-Discovery Special Master Craig Ball likes to rail at his fellow travelers who have passed the Bar that their legal education is far from over.

In this month's "Ball in Your Court column," Ball traces what he sees as the necessary evolution from barrister as bare, forked creature who trafficked in paper and banker's boxes, Homo Erectus, to legal starchild of the digital age, "Homo Electronicus" (cue tympanies) — who not only totes a tablet but knows exactly where the data entered into it resides (and what to do with it). Once again, it's time for attorneys to get schooled in technology.

Continue reading "How to Walk Upright With Digital Evidence" »

April 27, 2012

EDD & Digital Evidence Conference

6a00d8345280a669e201630363f4d8970d-120wiJust a reminder that if you register by April 30th for our upcoming EDD conference you will receive a free copy of Arkfeld's eDiscovery publications.

This is an opportunity to hear from noted educators at the eDiscovery and Digital Evidence Conference and Symposium to be held on May 23, 24, and 25 at the Sandra Day O'Connor College of Law at Arizona State University in Tempe, Arizona.

Register by April 30 and you will receive your complete set of Arkfeld on Electronic Discovery and Evidence publications (a $279 value) along with conference speaker materials.

This conference is noted for its "practical, structured educational approach" to e-discovery, with noted educators including Judge John Facciola and Judge Craig Shaffer, and many other top industry professionals.

As one past attendee noted,"This has been the first 'e-discovery' seminar that I consider to have been worth the time and travel." -- Bruce Freeman, Conners & Winters

Click here for more information

Image by Law Technology News

April 25, 2012

FCPA & Dodd-Frank Conference

ILDD Globe
The International Law Discovery & Disclosure Group (ILDD) will be hosting its annual FCPA & Dodd-Frank conference in London on June 7-8, 2012.

Join London's leading publicly traded organizations, regulatory authorities, and law firms for a day and a half of thought leadership and workshop sessions around the U.S. Foreign Corrupt Practices Act and Dodd-Frank Act related to internal and competitor whistleblowing.

Attendees include business finance, legal, and compliance employees, regulatory officials, and outside lawyers that service individuals and organizations worldwide. Space is limited and registration is required.

Contributors to this event include: Skadden Arps, DLA Piper, Latham & Watkins, Hasbro, FMC Technologies, HSNO, FD Azar, and many others.

Contributing media partners: Association of Certified Fraud Examiners (ACFE), Association of Certified Anti-Money Laundering Specialists (ACAMS), Carmel Valley E-Discovery Retreat.

Attendance is fully supported by ILDD sponsors and there's never a fee to attend an ILDD event.

Image courtesy of ILDD

April 09, 2012

ACEDS Annual Conference

The Association of E-Discovery Specialists held its second annual conference last week in Hollywood, Fla. Approximately 450 people attended the three-day conference.

Both vendors and attendees were enthusiastic about certification as one way to measure e-discovery competence and dedication to the field. There are plenty of available offerings: In addition to ACEDS' certification, both the Organization of Legal Professionals, and vendor Kroll Ontrack offer certification courses as well.

Other educational courses (not necessarily for certification) are available from the Georgetown Law Center, Ralph Losey (E-discovery Team Training course), the Association of Litigation Support Professional, and Michael Arkfeld's Online E-Discovery and Digital Evidence Course.  

Although questions still remain on how best to train and measure competence, it appears that we have moved beyond the early adopters stage — and the initial question on whether or not e-discovery certification is a viable option.

April 06, 2012

Ball in Arkfeld's Court: Notes on Forensics

Racket_ballCraig Ball, computer forensics and EDD special master and author of LTN's "Ball in Your Court" column, was guest lecturer for the latest session of Arkfeld's Online E-Discovery and Digital Evidence Course. In addition to fielding questions and comments, he delivered a fast-paced and informative PowerPoint primer on computer forensics and electronic evidence.

Here are some quips and insights:

• Sometimes there's no loss of "information payload" producing images in .tiff, especially for "unsophisticated clients who have a lot of money to waste ... if you don't mind the bloated format."

• When Arkfeld mentioned that even when both sides agree under Rule 34 to produce in PDF or .tiff, many courts still frown upon it. Ball offered his own Rule 34 observation, "Just because two lawyers agree they can fly doesn't mean they should head for the roof."

Continue reading "Ball in Arkfeld's Court: Notes on Forensics" »

March 28, 2012

E-Discovery and Digital Evidence at ASU Law School

Arkfeld300It is exciting for me to announce the eDiscovery and Digital Evidence Conference to be held May 23-25 at the ASU College of Law in sunny Tempe, Ariz.

Among the judges who will be instructing include the Hon. John M. Facciola, D.C. Federal District Court, Judge Craig B. Shaffer, Colorado Federal District Court, and Vice-Chief Justice Andrew Hurwitz from the Arizona Supreme Court. Among the noted instructors are Michael Arkfeld, Cecil Lynn, Robert Singleton, Browning Marean, and Ken Withers.

The conference is different because it is divided into three days, depending on your e-discovery needs, and you can choose 1, 2, or all three days. The three days include, Day 1 — "Technological Issues and E-Discovery," Day 2 — "ESI Discovery — Principles, Strategies and Tactics," and Day 3 — "The Cutting-Edge Practical Realities of E-Discovery."

For further information please visit LawCLECenter ( or download the brochure.

Image by Law Technology News

March 23, 2012

Notes on Arkfeld's Online EDD Course

Discovery_notesI recently enrolled in Michael Arkfeld's Online E-Discovery and Digital Evidence Course to bone up on electronic data discovery. (He is a long-time member of LTN's Editorial Advisory Board).

Here are a few takeaways from the last online session:

• "They didn't create electronically stored information for litigation."

• An attorney told his adversary that the ESI requested was not reasonably accessible because it numbered into well over 400,000 documents. A thing of the past, right? The adversary backed off.

Continue reading "Notes on Arkfeld's Online EDD Course" »

March 22, 2012

The Technology Is Not the Issue, It's How You Use It

Hammer_eggsThe Da Silva Moore case has generated a lot of e-discovery buzz about the U.S. District Court for the Southern District of New York being the first court to approve technology-assisted review — assuming plaintiffs' rule 72(a) objections are denied.

However, since both parties agreed to use TAR, this case was never about whether or not the technology should be used, it was about protocols. TAR is being used successfully in thousands of cases around the world without judicial intervention; saving parties millions in review cost and time.

So what's the fuss?

Continue reading "The Technology Is Not the Issue, It's How You Use It " »

March 05, 2012

Recommind Launches Predictive Coding Training

Business_man_code400Recommind today introduced its  Predictive Coding Training Program to formally educate legal practitioners and litigation support professionals in its own version of the automated review technology. The program, to be launched in April, will consist of online and in-person training. Successful participants will receive certification, the company says. 

Law firm Morgan Lewis has partnered with Recommind in the "educational campaign" in technology-assisted review, according to partner Tess Blair. The website mentions a CLE Webinar featuring Blair on March 15, "Predictive Coding: Separating Myth From Reality," hosted on Virtual LegalTech.

Recommind plans to extend the program into the U.K. and Europe later this year, as well as Asia "on an as-needed basis."

The press release capitalizes on U.S. District Court Magistrate Judge Andrew Peck's recent opinion allowing the technology in Da Silva Moore, using language such as "landmark," "officially endorsed," and "groundbreaking." (Download DaSilvaMoore 2-24-12 Opinion.)

Read full press release here.

Image by

February 17, 2012

Is an Email Worth a Billion? Ask Google

Irony doesn't always get this ironic. Search giant Google inadvertently produced a potentially devastating email during electonic discovery in a billion dollar infringement suit waged by Oracle over Google’s Android platform.

How do things like this happen? According to Henry Kelston, the online search leader's e-discovery search methodology failed to flag as privileged eight additional drafts of the email automatically saved to Google engineer Tim Lindholm’s computer –- even though the content on the drafts was nearly identical to the privileged email.

Among the revealing statements in the email, Lindholm wrote of an attempt to find alternatives to Oracle-owned Java language for Google's Android and Chrome: “We’ve been over a bunch of these, and think they all suck. We conclude that we need to negotiate a license for Java under the terms we need.”

The Federal Circuit recently denied Google’s sixth attempt to claim attorney-client privilege for the offending email. Find out why in Kelston's article for LTN, "Google's EDD Search Blunder in Oracle Case: the $1 Billion Mistake?"

January 02, 2012

The Successful Service Provider in 2012

Thomas Palladino, president of NightOwl, a Minnesota-based data management services provider, identified four key values e-discovery vendors are focusing on in 2012.

1. Smart document review combining analytics, predictive coding and attorney review services to reduce the cost and time involved in document review. 

2. Certified e-discovery specialists by the ACEDS organization. We will see more vendors adopting an objective standard of employing attorneys as project managers. 

3. Enhanced EDD security using two-factor authentication for all hosted platforms providing a stronger defense against unauthorized access.

4. Integrated managed services as an internal e-discovery system. Corporations will use vendors that are qualified to support a variety of existing technology, fully understand litigation and the eDiscovery process, and can offer full EDD services from cradle to grave.

Looking forward to New York Legaltech in February for an exciting first look at ediscovery in 2012!

October 11, 2011

Command Culture Must Collapse

Hegarty_michael400[1] Warm thanks to the Colorado Association of Litigation Support Professionals for the invitation to participate in its fifth annual E-Discovery Summit — especially leaders Shari Bjorkquist Rich and Jeff Staal. It was a fascinating day, here's a link to my report from today's Law Technology News website. 

In addition to the presentations from U.S. District Court (Colorado) Magistrate Judge Michael Hegarty, left, and Quarles & Brady partner William Hamilton (below right), that are detailed in the article, other panelists included Cheryl Proctor, director of client services at Baker Donelson Bearman Caldwell & Berkowitz; and Patrick O'Rourke, of the Office of the University Counsel at the University of Colorado. Proctor detailed how her firm handles EDD decisions; O'Rourke offered tips to using technology to enhance jury presentations. 

Hamilton color 117x143 Hamilton did double duty, subbing for Perkins Coie's Debra Bernard who had a last minute conflict and could not present her scheduled discussion of the 7th Circuit EDD pilot program -- a closely watched experiment that is generating raves, and is expected to be cloned in other jurisdictions. Hamilton is the new dean of Bryan University's online program that offers a graduate certificate in e-discovery, and has been chair of the advisory board of the Association of Certified E-Discovery Specialists.

I offered an overview of some of the key 2011 legal technology issues, including the controversy over e-discovery certification and the failure of law schools to educate students on law practice management and EDD; the EDD ramifications of the "consumerization" of technology (read: Apple) within legal organizations; associate insider trading; and more.

Images: Hegarty (Monica Bay), Hamilton (Courtesy of Quarles & Brady).

August 08, 2011

ACEDS & OLP Announce New Partners

Teach The Organization of Legal Professionals, and the Association of Certified E-Discovery Specialists have both announced new partnerships:

ACEDS has partnered with the Georgetown University School of Continuing Studies Center for Continuing and Professional Education (CCPE). Students who complete CCPE's Certificate in LItigation Technology and Legal Project Management "will be eligible to apply for the certification examination leading to the awarding of the Certified E-Discovery Specialist credential and receive one year of professional membership in ACEDS," reports the Miami company. 

OLP has announced that it has formed a "strategic alliance" with the Ritter Academy "to deliver new online, on-demand, self-study programs that address the fundamentals of e-discovery. The courses, designed by the Ritter Academy, introduce a new learning technique — using innovative visual information maps — RitterMaps." 


August 01, 2011

Sham Exam?

C1pLTN070811_6x8[1] Our August issue of Law Technology News is now up and our cover story package is already causing quite some buzz.

"Sham Exam: Do your homework before you pay for e-discovery certification" is a package of four articles exploring the controversy about e-discovery certification courses and exams:

• Patrick Oot leads off, outlining critics' concerns that the courses/exams may be exploiting the most vulnerable members of our community — contract lawyers and paralegals — and may present ethics dilemmas for attorneys.

• Albert Barsocchini reviews the for-profit Association of Certified E-Discovery Specialists course and test, coming to the conclusion that it's a step in the right direction, if imperfect.

• Monica Bay (moi) profiles the non-profit Organization of Legal Professionals, led by Chere Estrin, and its certification courses and exam; and also outlines Ralph Losey's E-Discovery Team Training, which is not a certification program but is a four-level series of courses that includes testing.

All three of us talk about the controversy in the August edition of my Law Technology Now podcast! Check it out!

Where do you stand? Hit comment below and let us know!

8/5 Update: With thanks for thoughtful feedback from the community, we have restructured LTN's August issue web edition presentation of the four stories so that you can access each component directly from the main Table of Contents. We have also added a fifth component, Reader Response, where we will post letters — the first being a statement from ACEDS with further information about its program.


Cover image: Mick Wiggins

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