January 18, 2019

In their recent webinar, What’s Wrong With eDiscovery, Jo Sherman and Tom O’Connor focused on several issues including the prevalent model in the eDiscovery process, pricing per GB. This webinar will follow up on that discussion in greater detail, including the history that led to per GB pricing, a focus on why people are not questioning this model and drill down into the emergence of low-cost cloud infrastructure that is increasingly challenging this outmoded pricing structure.

They will be joined in their discussion by Mike Quartararo, the Managing Director of eDPM Advisory Services. Mike is best known as the author of the 2016 book Project Management in Electronic Discovery. Additionally, he also has 20 years’ experience at AmLaw 100 law firms delivering eDiscovery, project management, and legal technology services to organizations across the globe. Mike will use that experience to help drive the pricing discussion as well as offer thoughts for how we can move to ‘value’ based pricing in the future.

Register here to join in on this great conversation.  https://zoom.us/webinar/register/WN_WxAt1h3oQZOCs9YW6DPSag



December 19, 2018

It’s Christmas time and people always ask my why I stay in New Orleans for the holidays instead of going home to New England.  Well first of all, New Orleans IS my home. It’s hard to explain what it is about this city. Local musician Jon Cleary, a Brit ex-pat, said in an interview in OffBeat magazine that coming here from England was like going from a black & white world to one of color and the only way to do “…  it properly was to absorb it all—not just the music, but the food, the water.”

So earlier this year Robert Jr of Big City Blues Magazine asked some people to write down what they thought made New Orleans so special and he ran it in the issue that came out at JazzFest when he and Sugar Mae, his partner in crime and in life, appeared for that yearly grand celebration of life. I was honored beyond anything I can say that my words were included next to those of New Orleans musicians.

Here’s what I said.

What’s special about New Orleans? Well there’s been entire books written about that. Books like Why New Orleans Matters by Tom Piazza or One Dead In Attic by Chris Rose. I can’t match their level of description, but I’ve lived here for a while so I can tell you what I think.  I’m actually a damn Yankee. New Orleans locals know what that is. A Yankee comes down from the north to visit … a damn Yankee stays.  I came down 26 years ago, fell in love with the city and stayed.

Why? It’s an old saying that the kitchen is the heart of the home.  I remember growing up in New England always being in the kitchen. The smells of cooking. the laughter of voices, the music on the radio, people running in and out. I used to look out the kitchen window and watch it snow, first heard the Beatles on the radio in a kitchen, kissed my first girlfriend in a kitchen, went to wakes in kitchens, was married in a kitchen once. Lived half my live in a kitchen.

Some lines from a great song by Los Lobos called Good Morning Atzlan say it well:

There’s a sharp dressed man
Playing something on a fiddle
In the backyard right next door
And everybody’s mother
Is cooking something in the kitchen
Got dishes stacked ceiling to floor

Now the same kitchen table I sat at growing up in New England is in my kitchen. And all that sound, all those smells, all those voices, those are now captured in my kitchen and are part of my life.  People making gumbo and pies and songs and friendship. People coming from Vermont and Wisconsin and Puerto Rico and Utah and Europe and Japan. Coming from Chicago, like the Boss said, “from the shotgun shack to the SuperDome, from the muscle to the bone”. They all know what it means to miss New Orleans.

But I know what it means to come home to New Orleans. I fly in over the curve of the river at night, lights flickering over the lake and the refineries, get home, throw my bags down, grab a Barqs from the fridge and a cigar from the humidor then go stroll thru my neighborhood, stopping to say hi and talk with all my neighbors and friends. And it makes me smile.

Other cities in the U.S like to honor politicians and lawyers and doctors and architects. In New Orleans we treasure chefs and musicians. Artists and athletes. Indians and actors. Poets and painters.  People who create things that warm your heart. Songs, paintings, second lines, poems, parades. Meals that warm your stomach and your heart.

Because New Orleans is the kitchen of America.  Like it says in the old song from up the crossroads at Clarksdale,  come on in my kitchen. It may be raining outside but it’s warm and full of friends in here. So, come on in, sit down, have some gumbo and listen to the song those funny guys from Chicago are playing out on the porch.

Like Ron McKernan said once: get up and dance, it won’t ruin ya.

Yeah you right Ron. Merry Christmas everyone.

Navigating the Dichotomy of Data: Tom O’Connor Speaks with Hunter McMahon This Week On the EDiscovery Channel

December 10, 2018

Are you increasingly perplexed by how to distinguish the differences among document types and whether they fit into labels such as “structured” or “unstructured” ? And is your confusion made even worse by increasingly massive amounts of data that have to be gathered and reviewed in increasingly shorter periods of time?

Well the folks at IDS  believe they have a solution.  Instead of focusing on documents and document structure, they focus instead on analyzing the actual contents of the documents, that is the context of that data.

Hunter McMahon is the Director of Data Analytics at IDS and in that role he assists clients in looking at data not documents. In this discussion, Hunter talks about how IDS does that and the remarkable increases in turn around time they accomplish with this approach.

Click here to watch the discussion.



The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology?

November 26, 2018

Webinar this week ….  to register go here and to read my white paper on the topic, click here



The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology?

Doug Austin and Tom O’Connor



Technology Assisted Review (TAR) has been court approved for nearly seven years now and other technologies and approaches have been proven to save time and money while even improving quality within the discovery process. Yet, many lawyers still have yet to embrace these new technologies and approaches. Why, and what needs to happen to change things? This CLE-approved* webcast will discuss a lawyer’s ethical duty to understand technology, how to address today’s challenges and embrace approaches for addressing those technologies, pertinent case law regarding the use of technology and resources for more information. Topics include:

+ Ethical Duties and Rules for Understanding Technology
+ Addressing Discovery of Various Sources of ESI Data
+ Understanding the Goals for Retrieving Responsive ESI
+ Considerations and Challenges for Using Technology Assisted Review
+ Considerations for Form of Production
+ Key Case Law Related to Technology Challenges
+ Resources for Expanding Your Technical Expertise
+ Recommendations for Becoming Technology Competent
+ Resources for More Information

Presentation Leaders:

Doug Austin is the VP of Products and Professional Services for CloudNine where he manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients.

Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems. Tom’s consulting experience is primarily in complex litigation matters.

Using Office 365 for eDiscovery: Free Seminar at ESI Forum in San Diego on Nov. 15th

November 6, 2018


This is the flyer for the next MCLE session in our 2018 series. We are pleased again to host nationally-known speaker Tom O’Connor on his annual visit to our Forum. This time he will discuss the eDiscovery challenges and tools to preserve, collect, review and produce the ESI from Office 365 applications. More and more clients, companies, and individuals are using Microsoft’s cloud-based software to manage their businesses and personal affairs. Now Microsoft is incorporating eDiscovery tools within Office 365 that allow execution of some traditional eDiscovery evolutions.  Signup now for this timely presentation.

Please forward a copy of this flyer to anyone else who might be interested.

Sign up on the Forum’s webpage at www.sandiegoesiforum.com. While there, check the list of forthcoming programs and calendar their dates.

Follow our LinkedIn group as an additional way to stay informed. Just click on this link or the LinkedIn symbol on the Forum’s home page.

Please join us for another excellent and timely presentation. Free and informative, as always.






William N. Kammer| Solomon Ward | 401 B Street, Suite 1200 | San Diego, CA 92101

Phone: 619.238.4809 | Fax: 619.615.7909 | wkammer@swsslaw.com



Get a “Clue” Regarding Your eDiscovery Process in this CloudNine webcast

October 30, 2018

Join Doug Austin of Cloud 9 as he interviews Mike Quartararo of eDPM Advisory Services  and Tom O’Connor of the Gulf Coast Legal Technology Center tomorrow at 1 pm EST for the “Get a ‘Clue’ Regarding Your eDiscovery Process” webcast.

As evidenced by some high-profile recent eDiscovery disasters, managing eDiscovery projects is more complex than ever. Not only have the volume and variability of ESI data sources increased dramatically, but there are often more stakeholders in eDiscovery projects today than characters on the board game Clue©. Successful eDiscovery today means not only meeting your obligations, but also making sure that each stakeholder in the process succeeds as well.  Tomorrow’s webcast can enable you to really get a “clue” regarding your eDiscovery process.

In this one-hour webcast that’s CLE-approved in selected states, Doug, Mike and Tom will discuss the various participants in the eDiscovery process, what motivates each of them, and best practices on how to avoid becoming the next high-profile eDiscovery disaster. Topics include:

  • The Process: Managing the Project from Initiation to Close
  • The Phases: Managing the Flow of ESI Before and During the Process
  • The Players: Goals and Objectives of Each eDiscovery Stakeholder
  • Whodunnit?: Lessons Learned from a Large Financial Institution’s Mistakes
  • Whodunnit?: Lessons Learned from a Government Entity’s Mistakes
  • Whodunnit?: Lessons Learned from a Medical Center’s Mistakes
  • Recommendations for Avoiding Your Own Mistakes
  • Resources for More Information

To register for the webcast, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  Three guys with beards on the Wolfman’s favorite day, what could be better!

A Little Craig Ball, A Little Forensic Examination Protocol, A Little Legal Innovation, A Really Big Microphone. That’s Why We Call It TechnoGumbo.

September 10, 2018

In the most recent eDiscovery Channel interview, Tom O’Connor asks Craig Ball about his new Forensic Examination Protocol. Then he adds some lagniappe with a short discussion about Ron Friedmann’s article Legal Innovation Takes More than Talk.

All right here on the eDiscovery Channel on YouTube.