trends for 2021 e-discovery ediscovery webinar series

E-DISCOVERY TRENDS FOR

2021BEST PRACTICES NAVIGATING THE DYNAMIC ESI LANDSCAPE, EDISCOVERY TECHNOLOGIES AND STRATEGIES FOR YOUR PRACTICE.

eDiscovery Webinar Series

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E-Discovery Trends for 2020 eDiscovery Webinar Series

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http://www.lexbe.com/

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ABOUT LEXBE◼ We’re an Austin, TX based provider of highly affordable cloud-based eDiscovery software and services

provider, specializing in serving boutique law firms and organizations. We provide:

◼ The Industry’s Most Affordable and Full-Featured DIY eDiscovery Platform

◼ The Industry’s Fastest eDiscovery Processing & Document Review Software

◼ Delivers the Industry’s Fastest ROI

◼ Experienced eDiscovery Specialists and Expert Consultants

Gartner Reviews:

“Cost-effective eDiscovery” “Secure, easy-to-use and a great review tool for

consideration”

“A powerful litigation document management service”


The Shifting ESI Landscape◼ The Cloud Continues to Dominate Compute and Storage


Implications of Cloud Dominance for Litigators

◼ Multiple Clouds / Hybrid Clouds and ESI Obfuscation

◼ Increasing Importance of Custodian Data Mapping – Follow the Data / Multi-Cloud Mapping

◼ Automated Data Governance Means Data Expiration and/or Cloud Archives

◼ Remote Forensic Collections


Implications of Cloud Dominance for Litigators

◼ Cloud-Based eDiscovery & Document Review◼ Powerful eDiscovery Capabilities for

Remote Connected Legal Teams

◼ Access to Advanced Artificial Intelligence Powered eDiscovery Services◼ Cognitive Image Recognition

◼ Machine Language Translation

◼ Machine Transcription

◼ Technology Assisted Review

◼ Reduced eDiscovery Costs


The Shifting ESI Landscape◼ The Growth in Collaboration


Daily Active Users in Millions – Microsoft Teams

The Shifting ESI Landscape◼ The Growth in Collaboration | A Lot Bigger than Microsoft Teams & Slack

◼ The app ecosystem and integrations are often key to relevant ESI◼ Over 2200 integrations in the Slack app directory ◼ Over 700 apps in the Microsoft app store integrate with Teams

◼ Many integrations exist in the cloud

◼ Teams & Slack also have voice and video calling capabilities

◼ Big increase in non-email communications from collaborationplatforms and in-app chat channels


The Shifting ESI Landscape◼ Video Conferencing


The Shifting ESI Landscape◼ Increased Video Conferencing Utilization Drives Demand for AI Powered Transcription


Growth in Virtual Law Firms◼ The Covid-Driven Experiment

◼ Technology◼ Communication / Collaboration

◼ Practice Management

◼ eDiscovery

◼ Pursue the Best Talent

◼ Expanded Billable Hours

◼ Increased Productivity


GUEST SPEAKERS


Robert Keeling Ava Guo

Associateindividual and corporate clients in white collar matters, internal investigations, government enforcement actions and commercial litigation and disputes

PartnerCommercial Litigation and DisputesWhite Collar: Government Litigation and InvestigationsHealthcare

Trends inModernDiscoveryRobert KeelingPartnerSidley Austin LLP

Ava GuoAssociateSidley Austin LLP

SIDLEY AUSTIN LLP 15

The Big Trend Is …


Collaboration Platforms Continue to Emerge.

• Microsoft Teams aggressively rolled out to supportremote workforces due to the pandemic

• Built atop existing Microsoft infrastructure:

• Team Channels 🡪 synced with cloud mailbox for team

• Private Channels 🡪 synced with cloud mailboxes of members

• Slack has become a very popular enterprise chat platform:↑ 10M daily active users

• Increasing adoption of collaboration platforms meansincreasing likelihood that communications within these platforms will become subject to discovery

The Big Trend – Microsoft Teams and Slack


Of course there’s more data,but this data is different.

• Companies are adopting enterprise chat withincollaboration tools

• Collaboration platforms support more dynamic data

• There are more mobile messaging applications than ever—most are encrypted

• Ephemeral messaging applications have gone enterprise

• Potential data collection sources continue to expand

Different Data


SIDLEY AUSTIN LLP

What Constitutesa “Document”is BecomingLess Clear.

• Traditional “documents” such as email, Microsoft Office files,and PDFs are being supplanted by non-traditional data sources

• But non-traditional data sources often defy traditional definitionof what constitutes a “document” for review and production

• For example - entire Slack channel obviously not a “document,” but single chat in Slack may not provide sufficient context

• These non-traditional data sources pose significant challengeto eDiscovery industry across the EDRM

• Similar challenges to traditional custodian-based approach

The Big Trend – Challenge to Traditional “Document”


We’re Going to Haveto Collect the Cloud.

• Data rapidly moving to the cloud*

• 2020: Majority of data stored in the cloud

• 2026: 90% of data stored in the cloud

• Most corporate clients transitioning or already transitioned cloud-based environments like Office 365 and G Suite

• Common gotcha, files are included as links

• Emerging issue: dynamic emails—act like an interactive web page

New Collection Challenges


* IDC, Kleiner-Perkins, Statista Digital Market Outlook

Remote Review is Not Going Away

• Vast majority of contract attorney review currentlyunderway is fully remote

• Clients embracing benefits of remote review

• Number of large reviews in single location likelyto see steep decline

• Virtually managed, remote review will occur insignificant portion of cases going forward

Information Governance


SIDLEY AUSTIN LLP


Opportunity.BIGis a

• The growth in volume and variety of data meansgreater returns to IG programs

• Perfection is not required

• Significant savings even with low-hanging fruit

• We counseled a number of companies over thepast year with implementing effective IG programsto combat the explosion in corporate data

Information Governance is a BIG Opportunity


SIDLEY AUSTIN LLP

Burden ofPrivacy in Discovery

Two Consequences of the Incredible Growth of Information

Proportionality• Driven mostly by

concerns raised by producing parties in litigation

• Focus has been on document volume—e.g., cost and effort

• Handled by litigators and eDiscovery professionals

Privacy• Driven mostly by

concerns raised by governments and individuals

• Focus has been on document contents—e.g., types of personal information tracked

• Handled by privacy lawyers and corporate privacy officers


• Need to consider privacy from the outset

• eDiscovery involves large collections, processing,and transfer of data

• Not just about GDPR—California Consumer Privacy Act (CCPA), Illinois Biometric Information Privacy Act (BIPA),more to come …

• Emerging consensus that privacy can be viewed as anaspect of the existing proportionality framework for Rule 26(b)(1)—a “burden” that must be weighted with otherfactors, such as cost, level of effort, etc.

Burden of Privacy


The Burden of Privacy in Discovery

Robert D. Keeling & Ray Mangum,The Burden of Privacy in Discovery,20 SEDONA CONF. J. 415 (2019).

Available at Sidley.com:https://www.sidley.com/en/insights/publications/2019/08/the-burden-of-privacy-in-discovery

Or Google “burden of privacy”


https://www.sidley.com/en/insights/publications/2019/08/the-burden-of-privacy-in-discovery



Predictive Codingis Becoming Ordinary.

• Predictive coding has for some time been the default approach of sophisticated parties in large matters

• But technological advances and lower costs mean it can be used on any matter

• Reaching “tipping point” with adoption across the industry

• Moving from “black box” to another tool in the producingparty’s tool box

• Predictive coding protocols becoming less relevant

Predictive Coding



Tech. Assist. R. v.Search Terms

Prioritize

Key Docs &Issue Codes

Exclude theIrrelevant

Review theReviewers

1......9

v.

Structured Data


We Are Going To Have

To Review Structured Data .

X Z B l B R D G A TY X I D A A K W C EH Q G S E P Q K I CE S R U W O E R J KA P D K Y D I W K PA N A L Y S I S E EL Q T A A A V V D VN N A D U J X S P LZ M X S B F G R E W


• More often than not, structured and semi-structureddata needs to be analyzed, rather than reviewed

• Processing and review tools need to play catch-up

• Data-visualization and analysis expertise increasinglyimportant

• Production: “the database” versus a query/report.

Structured Data


Just one more thing.


a few s^

^

Remember Paper

Focus rightfully on collaboration andremote platforms.

But companies still have lots of paper documents.

Confronting legacy paper posessignificant problems to companieswhile offices remain closed.




This presentation has been prepared by Sidley Austin LLP and Affiliated Partnerships (the Firm) for informational purposes and is not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. All views and opinions expressed in this presentation are our own and you should not act upon this information without seeking advice from a lawyer licensed in your own jurisdiction. The Firm is not responsible for any errors or omissions in the content of this presentation or for damages arising from the use or performance of this presentation under any circumstances.

Do not send us confidential information until you speak with one of our lawyers and receive our authorization to send that information to us. Providing information to the Firm will not create an attorney-client relationship in the absence of an express agreement by the Firm to create such a relationship, and will not prevent the Firm from representing someone else in connection with the matter in question or a related matter. The Firm makes no warranties, representations or claims of any kind concerning the information presented on or through this presentation. Attorney Advertising - Sidley Austin LLP, One South Dearborn, Chicago, IL 60603, +1 312 853 7000. Prior results do not guarantee a similar outcome. Photos may include Sidley alumni or other individuals who are not Sidley lawyers. Photos may be stock photographs.

Thank You

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CONTINUED ESI GROWTH ACCELERATION◼ New sources of ESI

◼ Collaboration app adoption

◼ Messaging adoption

◼ Enterprise digital transformation

◼ Growth of video and audio

◼ Growth of Internet of Things (IoT) data

◼ Location-based data

◼ Growth in file sizes

◼ 3D & HD imaging

◼ Video files

◼ Continued Growth of Established Sources

◼ Email (5% annual growth) @ 290 billion per day / 1.9 email accounts per custodian

◼ Mobile devices / shadow IT


ENTERPRISE DATA GOVERNANCE EVOLUTION◼ Prompted by Regulations, Data Breach Expense and Litigation

◼ European Union General Data Privacy Regulation, California Consumer Privacy Act and many, many others

◼ Data breach cost per record: $150 on average, $3.9 million average data breach cost in the United States

◼ Mitigate litigation risk: ex. Email storage/archive limits

◼ Data Governance Implications for eDiscovery

◼ Data creators, data users, data owners and data administration

◼ Where and how long has the data been stored

◼ Understanding how and where data archives and backups can be accessed

◼ Potential hidden repositories of data

◼ Bring-Your-Own-Device (BYOD) / comingling of personal & corporate data

◼ Cloud repositories


CONTINUED GROWTH IN CLOUD-BASED EDISCOVERY

◼ Why Cloud-Based eDiscovery

◼ Covid-19 – the cloud fully enables remote connected legal teams – anytime, anywhere access

◼ Lightweight technology requirements/investments (browser-based)

◼ Virtually unlimited processing and storage resources

◼ Lowest cost resources

◼ Enables lawyers and paralegals to keep eDiscovery in-house (DIY)

◼ Cybersecurity – better security posture than the vast majority of law firms


DO IT YOURSELF!◼ Lawyers and paralegals are becoming more tech savvy

◼ eDiscovery platforms are becoming more intuitive (modern user interfaces)

◼ eDiscovery platforms are more integrated (less point solutions needed)

◼ Maintain control over the matters

◼ Increase billable hours for law firms by keeping eDiscovery in-house / reduces costs for enterprises

◼ Emerging advanced technologies that reduce reliance on point solutions:

◼ Artificial intelligence powered machine translation

◼ Artificial intelligence machine transcription

◼ Cognitive image recognition

◼ Technology assisted review


END-TO-END E-DISCOVERY IN THE CLOUD◼ Full-featured

◼ DIY

◼ Infinitely Scalable

◼ Accessible with a Browser


Advanced High-Speed Database

Advanced High-Speed ESI Processing

Powerful Search

Case Timeline Builder

Best-In-Class Security

Powerful Administrative Controls

AI Powered Analytics & TAR

Flexible Document Review Workflow

Easily Managed Productions

THE LEXBE UBER INDEXNative Characters

Translated Characters

All Characters From Native Files are Extracted and Included in the Uber Index.

All OCR Characters are Extracted and Included in the Uber Index.

All Images are OCR’d, Characters Extracted and Included in the Uber Index.

Lexbe’s Translation Engine Feeds the Uber Index All Translated Characters

OCR Characters

Image OCR Characters

◼ Multi-source concatenated singular index

◼ Lightning fast

◼ Seamlessly add documents without re-indexing


ADVANCED APPLICATIONS OF AI

Audio & Video File Transcription

LanguageTranslation

Cognitive Image

RecognitionSentimentAnalysis

◼ Utilizing Neural Networks for advance machine learning and high-quality results


BETTER TECHNOLOGY, BETTER SERVICE, BETTER VALUE

Service Relativity Reseller Lexbe

Processing $125 per GB $0 (Included)

User Fees $95 per User per Month $0 (Included)

Technology Assisted Review $30 per GB per Month* $0 (Included)

Near Duplication * Included with Relativity Analytics $0 (Included)

Email Threading * Included with Relativity Analytics $0 (Included)

Hosting $8 per GB per Month $5 per GB per Month.

AI Insights * Included with Relativity Analytics $0 (Included)

Project Management $195 per Hour $150 per Hour


INDUSTRY LEADING SECURITY◼ Utilize AI to identify and eliminate threats before they can do harm

◼ Multi-Factor authentication

◼ Passed extensive application penetration test by IBM in 2019

◼ United States Federal Agencies and municipalities utilize Lexbe


LEARN MORE ABOUT LEXBE

Request a free personalized demo and expert consultation today!

1-800-401-7809 x22 | [email protected]


“Lexbe cost advantages, SaaS convenience and search capabilities appeal to many”

“Secure, easy-to-use and a great review tool for consideration”

“Lexbe is the easiest eDiscovery software I have ever used”

“Because of the Lexbe software, the entire playing field has been leveled for my firm.”

“We just got back our verdict of nearly $9 million in the case we tried against Greenberg Traurig and Hollingsworth Law Firm (voted #1 complex litigation firm in the world). There is no way our team of 3

lawyers could have competed with those heavy hitters without LEXBE. Thanks to your team!”

eDiscovery Webinar SeriesLexbe Confidential

We’ll be making the following available to webinar attendees:

● A recorded streaming version● MP3 podcast● PDF

Please let us know if you have any questions or comments about this webinar or suggestions for future topics. This webinar is part of the Lexbe eDiscovery Webinar Series. For notices of future live and on-Demand webinars as part of this series please email us at [email protected] or Follow us on LinkedIN.

Moderator: Jeff [email protected](512) 653-8295

Webinar Questions: [email protected]

THANK YOU FOR ATTENDING

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trends for 2021 e-discovery ediscovery webinar series

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