PLAY RECORDING

Broadcast Date: Friday, February 25, 2022
from 12:00 pm to 1:00 pm (ET)

Overview:

In spite of rapid and widespread advances in technology, privilege remains one of the most expensive, time consuming, and difficult aspects of legal discovery. Even case teams that adopt technology assisted review to streamline responsiveness identification still rarely use AI to bolster traditional privilege workflows. This discussion with a panel of practitioners and industry experts looks at many of the common approaches to privilege identification, review, and logging; and identifies best practices, common gotchas, and considerations for those interested in updating privilege workflows.

While AI is already used in legal procedures such as technology-assisted review (TAR), due diligence, and research, practitioners are cautious about its use in privilege review for discovery. With proper integration, AI can greatly reduce the time required to identify confidential information. Moreover, AI-enabled privilege review can help detect data that manual reviewers often miss. But there are significant considerations when it comes to privilege and this event untangles and examines some of those considerations.

The potential of AI, analytics, and automation to streamline privilege review is vast. Thus, it is important to keep track of relevant developments to maximize this innovative approach.

Listen as a panel of distinguished professionals organized by The Knowledge Group provide the audience with a discussion on the current state of privilege identification, review, and logging. Speakers, among other things, will provide helpful tips to improve all aspects of privilege in discovery, including the use of automation and AI.

This LIVE Webcast will discuss the following key topics:

  • Best practices on privilege for eDiscovery
  • Reducing privilege volume
  • Defensibility and safeguards
  • Leveraging privilege calls across matters
  • Using technology to streamline privilege
  • Challenges and Pitfalls

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge in advanced e-discovery

 

Course Code:

149822

 

NY Category of CLE Credit:

Law Practice Management

 

Total Credit:

1.0 CLE

Speaker Panel:

Jon Lavinder, Senior Director Product Management
Epiq

Jon Lavinder is Senior Director of Product Management at Epiq responsible for AI tools, technology assisted review, chat and collaborative data, and early case assessment technologies among other things. He has published numerous articles including but not limited to, “Technology-Assisted Review: An Integral E-Discovery Tool,” “Seven Practical Suggestions to Get the Most Out of Technology-Assisted Review,” “Charting an eDiscovery Course with Technology Assisted Review,” and “4 Ways to Make Deposition Prep Smoother.” Jon works closely with law firm and corporate legal professionals to build the tools and services for the next generation of legal discovery and information governance. Mr. Lavinder is a frequent speaker at eDiscovery conferences on the use of AI and the future of the industry.

 

Bobby Malhotra, eDiscovery Counsel
Munger, Tolles & Olson LLP

Bobby Malhotra is eDiscovery counsel with Munger, Tolles & Olson, where his practice focuses on navigating complex eDiscovery litigation issues using his unique combination of both technical knowledge and legal experience. He regularly advises clients on issues related to eDiscovery preparedness, planning, and execution as well as information privacy and data security. Mr. Malhotra also serves as a trusted eDiscovery advisor to some of the firm’s largest financial and technology sector clients. In this role, he provides counseling and guidance in connection with legally defensible and standardized company-wide discovery practices. Mr. Malhotra is a globally recognized thought leader on the application of artificial intelligence and analytics to the practice of law and was nominated for Relativity and Text IQ’s “AI Catalyst Award” in 2021. Mr. Malhotra is also a frequent speaker and author on eDiscovery, information governance, data security, and other legal technology topics.

Claudia T. Morgan, eDiscovery Counsel
Wachtell, Lipton, Rosen & Katz

Claudia T. Morgan is eDiscovery Counsel in Wachtell, Lipton, Rosen & Katz’s litigation department. She focuses her practice on electronic discovery and information management, both domestically and abroad. Ms. Morgan has significant experience in responding to and advising on litigation in federal and state courts, regulatory requests for information, and internal investigations and has represented and advised clients on all aspects of discovery, from preservation to production. She also has experience working with expert witnesses to collect and analyze relevant data.
Chambers USA has recognized Ms. Morgan as a top lawyer in the field of eDiscovery & Information Governance. She is a member of the Steering Committee for The Sedona Conference Working Group 1 (Electronic Document Retention and Production) as well as a member of Working Groups 6 (International Electronic Information Management, Discovery and Disclosure), and 11 (Data Security and Privacy Liability).

Sandra Metallo-Barragan, Chief of E-Discovery Division
New York City Law Department

Sandra Metallo-Barragan is the Chief of the E-Discovery Division at the New York City Law Department. The Division works with client agencies to promote efficient, cost-effective, and defensible strategies and workflows related to electronic discovery. Mrs. Metallo-Barragan joined the Law Department in 2013 where she is co-chair of the eDiscovery Committee, co-chair of the Women’s Committee, and a member of the Diversity, Equity, & Inclusion Committee and the Caregiver Working Group.  She is also a Sedona Conference Working Group 1 Steering Committee member. Mrs. Metallo-Barragan graduated from George Washington University Law School in 2005 and was a litigation associate at Pillsbury Winthrop Shaw Pittman’s New York office, where she was a member of the firm’s Antitrust, Corporate Investigations, & White Collar Defense Group, and Information Law and Electronic Discovery Practice Group.

Julia M. Voss, Director of Litigation Support and e-Discovery
Greensfelder, Hemker & Gale P.C.

As the attorney overseeing litigation support and electronic discovery at Greensfelder, Julia Voss understands the importance of appropriately handling electronically stored information and using technology to add value to a document review.
Ms. Voss consults with other attorneys and clients regarding preservation of electronically stored information (ESI), discovery protocols, defensible document collection and streamlined and accurate reviews and production. She also helps prepare witnesses for depositions on discovery issues. She is a certified neutral with the Eastern District of Missouri and is qualified to serve as a mediator or early neutral evaluator for eDiscovery disputes or other litigation matters.
In her role as director of litigation support, she oversees case managers, analysts, eDiscovery counsel, and the firm’s vendor relationships to ensure clients have access to technology that will enable the legal team to focus on what is important – the facts of the case.

Agenda:

Jon LavinderSenior Director Product Management

Epiq

  • Introduction of panelists

 

Bobby MalhotraeDiscovery Counsel

Munger, Tolles & Olson LLP

Overview of the current manual/standard approach limitations and pain-points

  • Overview of traditional workflow
  • limitations and pain points (why is it so expensive?)
  • Issues with inconsistent privilege coding across matters / inadvertent disclosures
  • Solutions with unintended consequences
  • elephant in the room - Data governance/data hygiene at corporate level – reason this is a problem

Using Technology to Streamline Privilege Logging

  • Tools and automation
  • Pain points

 

Sandra Metallo-BarraganChief of E-Discovery Division

New York City Law Department

Defensibility/Safeguards (i.e., how best to create a defensible process)

  • Protective orders
  • FRE 502 provisions
  • Sampling/validation
  • Things you can negotiate with opposing / Responding to challenges to privilege

Using Technology to Streamline Privilege Logging

  • Categorical logs

 

Julia M. VossDirector of Litigation Support and e-Discovery

Greensfelder, Hemker & Gale P.C.

Leveraging privilege calls across matters

  • Manual hash list vs Data Lake vs Priv vault vs building a brain

 

Claudia T. MorganeDiscovery Counsel

Wachtell, Lipton, Rosen and Katz

Reducing potential privilege volume

  • Negotiating custodians/exclusions
  • Techniques, workflow
  • Knowing your client/custodians – how they communicate
  • Technology – rules based, machine learning/AI, other
  • Categorizing/bucketing
  • Streamlined privilege review

Using Technology to Streamline Privilege Logging

  • Tools and automation
  • Pain points

Materials:

Download Course Materials

Who Should Attend:

  • Chief Compliance Officers
  • Litigation Attorneys
  • Legal Counsel
  • Associate General Counsel
  • eDiscovery Managers
  • Data Security Analysts
  • Data Analysts
  • HR

 

SPONSOR

SPEAKERS

Jon LavinderSenior Director Product Management
Epiq
Bobby MalhotraeDiscovery Counsel
Munger, Tolles & Olson LLP
Claudia T. MorganeDiscovery Counsel
Wachtell, Lipton, Rosen & Katz
Sandra Metallo-BarraganChief of E-Discovery Division
New York City Law Department
Julia M. VossDirector of Litigation Support and e-Discovery
Greensfelder, Hemker & Gale P.C.

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