Digital White Papers

LPS19

publication of the International Legal Technology Association

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I L T A W H I T E P A P E R | L I T I G A T I O N A N D P R A C T I C E S U P P O R T 3 I N T H I S I S S U E I L T A W H I T E P A P E R | L I T I G A T I O N A N D P R A C T I C E S U P P O R T 38 Convergence of Privacy, Security, & Ediscovery: Making a Pro Well-Rounded B Y E R I C P U L S I P H E R A N D J O A N M WA S H B U R N A s we strive to meet the needs of our clients it becomes increasingly important to understand the broad world of data, beyond EDRM workflow. There has been significant momentum to engage ediscovery professionals outside of the realm of existing litigation, driven by awareness of the risk around cybersecurity, information security and potential data breaches. These aspects of data management present significant risk. Emerging technologies, disruption, AI, analytics, coding, metrics, big data, security, risk and compliance are more than just buzz words but rather fundamental changes to the way legal technolo professionals work every day. This presents tremendous challenges, but also tremendous opportunity. What are the differences in considering data more broadly? The three pillars are 1) Governance, Risk and Compliance, a/k/a Information Governance, 2) Cybersecurity, and 3) Data Privacy. Information governance, or IG, is the management of information at an organization that balances the use and security of information. Done right, it helps with legal compliance and operational transparency and mitigates costs. Cybersecurity is the protection of networks and computer systems to mitigate risk and vulnerability against threats to information, either targeted or inadvertent, as well as response to data breaches and other incidents. Data privacy is the relationship between the collection and dissemination of data, technolo , the public expectation of privacy, often in connection with governmental regulations such The Evolving Identity of Corporate Ediscovery and Information Governance B Y B E N R O B B I N S O F L I N K E D I N 2018 Litigation and Practice Support Survey Results I N T R O B Y C I N D Y M A C B E A N Convergence of Privacy, Security, & Ediscovery: Making a Pro Well-Rounded B Y E R I C P U L S I P H E R A N D J O A N M W A S H B U R N The Evolving Identity of Corporate Ediscovery and Information Governance B Y B E N R O B B I N S I L T A W H I T E P A P E R | L I T I G A T I O N A N D P R A C T I C E S U P P O R T 62 Mobile Litigation T he legal industry has evolved a great deal since the implementation of technolo into everyday practice, perhaps most identifiable in an attorneys' ability to operate in a mobile manner and practice law without the traditional constraints of an office. Indeed, the preparation and review of legal documents can now be executed remotely with relative ease; likewise, communication between attorneys and their staff can be achieved efficiently through telecommunication. Litigation Support Tools Online legal solutions, such as Electronic Filing, Electronic Service and Case Management systems have truly streamlined the process of litigation. Legal professionals can draft documents and initiate cases from anywhere in the world via mobile devices or computers. Filing documents with the court and serving litigants within a case has become as simple as uploading documents to an online litigation support system and clicking submit. The documents are I L T A W H I T E P A P E R | L I T I G A T I O N A N D P R A C T I C E S U P P O R T 64 Smart Spaces: A s legal technolo fads come and go, one concept that's currently trending in an upward direction has stickiness written all over it. Recently included in the Gartner Top 10 Strategic Technolo Trends for 2019, smart spaces are where people and technolo come together in one place, either in a physical or digital location. Similarly, digital workplaces are taking the business world by storm as companies try desperately to connect their distributed workforce and disparate IT systems. In this article, I explore how smart spaces address the needs of law firms and corporate legal departments. I also introduce examples of where smart space-like concepts have been attempted already in legal environments. And finally, this piece outlines an "ideal state" for bringing these two worlds together, providing a road map for success and sustainability. Defining a smart space When it comes to defining trends, Gartner has been at the forefront of understanding where technolo innovation is heading and predicting how it will influence the organizations they consult with. While The Struggle is Real: Mobile Litigation in the 21st Century B Y W A LT E R L E E Smart Spaces: The Next Frontier for Legal Tech? B Y D O N F U C H S The Struggle Is Real: Using Trial Technolo with Millennials in the Jury Box B Y T I M P I G A N E L L I I L T A W H I T E P A P E R | L I T I G A T I O N A N D P R A C T I C E S U P P O R T 45 Going for Information Governance Gold – Closing the Gap on Discovery Materials E N C O L E , D I R E C T O R O F C L I E N T T E C H N O L O G Y & S T R AT E G Y A n increasing number of firms are deploying formal Information Governance (IG) programs. These programs start with an approved records policy (with retention schedules), and then look to align user behavior with the firm's use of supporting systems. Mattern sees firms falling along a broad spectrum of adoption, from those firms trying to address legacy off-site physical records holdings, to firms attempting to tackle management of all information regardless of location or format (including electronic retention). However, even for those firms addressing electronic information within email, network shares, and Document Management Systems (DMS), many still overlook client discovery materials in both firm and vendor-hosted systems. This may take the form of modern Relativity databases, or of legacy Summation and Concordance repositories that contain evidentiary materials coupled with attorney work product. These "information silos" are a loose-end that need to be cleaned up as part of the firm's overall data mapping and disposition process. Not having an IG program is no longer an option. Sometimes we see the firm has a "draft" records policy that has never been officially deployed. One of the biggest reasons – the firm realized it lacked the necessary visibility into its information assets that would allow for compliant disposition. In other words, they had no way of ensuring they could execute on their own document handling policy. The optics I L T A W H I T E P A P E R | L I T I G A T I O N A N D P R A C T I C E S U P P O R T 49 Data Governance B Y N I S H A N D E S I LVA O F M I C R O S O F T A N D D O N N A PAY N E O F PAY N E G R O U P D ata governance is all about keeping your data around when you need it and deleting it when you don't. Implementing a data and information governance strate is critical to managing an organization's full content lifecycle, including policies, supporting processes, and technologies that enable the organization to meet its retention and disposition obligations. For most organizations, the volume, complexity, and demands on their data assets is increasing dramatically, pushing information and data governance beyond records management. Cybersecurity, privacy management, eDiscovery and related risks have compelled organizations to implement and enhance their data governance initiatives. This article looks at Microsoft's tools for data and information governance within Office 365 and Microsoft 365. Why Data Governance is Important Effectively managing or governing information is important because you need to comply with industry regulations and internal policies, reduce your risk if litigation occurs or if a security breach permanently deletes content that has met its retention obligations and is not under litigation hold, and to help your organization share knowledge effectively and be more agile. Data governance programs need executive support, an accountable owner, and a cross-functional team driving program implementation. Fortunately, there is no longer a need to hard sell data governance as a strategic imperative. The prevalence of privacy D A T A G O V E R N A N C E Conquering Email Ediscovery How Data Analytics are Changing the Game Going for Information Governance Gold – Closing the Gap on Discovery Materials B Y S T E P H E N C O L E Data Governance B Y N I S H A N D E S I LVA A N D D O N N A P AY N E Conquering Email in Ediscovery: How Data Analytics are Changing the Game B Y J A S O N R I C H A R D 4 38 41 45 49 56 62 64 68

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