The Small Case Dilemma: EDiscovery for the Rest of Us

June 6, 2018

Craig Ball and I are speaking on this topic today at the Georgetown Law EDiscovery Training Academy.  If you missed the Webcast called eDiscovery for the Rest of Us thaI did with Doug Austin of Cloud 9 on Wed May 30, 2018 you can see a recording at

During the webinar, Doug mentioned my four part blog post series that Cloud 9 published on their blog in the past couple of weeks.  You can click on the links above for each individual post or scroll down below where I’ve compiled all four posts together for your reading pleasure!

PART 1:  May 15, 2018 

eDiscovery: The Early Years

The first formalized changes to the Federal Rules of Civil Procedure were made in December of 2006 as the culmination of a period of debate and review that started in March 2000. Prior to the codified changes, there were several prominent lawsuits touching on the subject, most notably the matter popularly known as the Zubulake case. (Zubulake v. UBS Warburg, 220 F.R.D. 212 (S.D.N.Y. 2003))

Throughout the case, the plaintiff claimed that the evidence needed to prove the case existed in emails stored on UBS’ own computer systems. Because the emails requested were either never found or destroyed, the court found that it was more likely that they existed than not. The court found that while the corporation’s counsel directed that all potential discovery evidence, including emails, be preserved, the staff that the directive applied to did not follow through. This resulted in significant sanctions against UBS.


That case and the subsequent rule changes effectively forced civil litigants into a compliance mode with respect to their proper retention and management of electronically stored information (ESI). The risks that litigants then began to face because of improper management of ESI include spoliation of evidence, adverse inference, summary judgment, and sanctions. In some cases, such as Qualcomm Inc., v. Broadcom Corp., 548 F.3d 1004 (Fed. Cir. 2008), attorneys were even brought before their state bar association to answer to charges of misconduct.

At roughly the same time, the EDRM was started to deliver leadership, standards, best practices, tools, guides, and test data sets to improve electronic discovery work flow processes.  The original EDRM project (it is now owned by Duke University School of Law) came up with the following chart to show a general work flow for eDiscovery projects.


The problems faced by these new rules was the multiplicity of data in electronic formats. Examples of the types of data included in e-discovery are not just documents but e-mail, databases, web sites, instant messaging and any other electronically stored information that could be relevant evidence in litigation. Also included in e-discovery is “raw data”, which Forensic Investigators can review for hidden evidence.


Litigators may review material from e-discovery in one of several formats: printed paper, PDF images (with or without searchable text) or as single- or multi-page TIFF images. The original file format is also known as the “native” format. 


PART TWO:  May 17, 2018 

The EDna Challenge, 2009

In 2009, noted e-discovery consultant Craig Ball wrote a fascinating article in Law Technology News called  “E-Discovery for Everybody.”  That column came to be known as the “EDna Challenge” (Craig likes visual puns) because in it, Craig posited a solo practitioner named Edna with an e-discovery budget of $1,000 and asked how she could possibly perform any e-discovery on that amount.  He then solicited a wide-ranging number of answers from a variety of consultants and vendors and compiled them into the article, which is now posted on his website at .


Craig asked people to suggest a program or programs with the following criteria:

  1. Preserve relevant metadata;
  2. Incorporate de-duplication, as feasible;
  3. Support robust search of Outlook mail and productivity formats;
  4. Allow for efficient workflow;
  5. Enable rudimentary redaction;
  6. Run well on most late-model personal computers; and
  7. Require no more than $1,000.00in new software or hardware, though it’s fine to use fully-functional “free trial” software so long as you can access the data for the 2-3 year life of the case


The problem as Craig defined it still exists now:

“The vast majority of cases filed, developed and tried in the United States are not multimillion dollar dust ups between big companies. The evidence in modest cases is digital, too. Solo and small firm counsel like Edna need affordable, user-friendly tools designed for desktop eDiscovery — tools that preserve metadata, offer efficient workflow and ably handle the common file formats that account for nearly all of the ESI seen in day-to-day litigation. Using the tools and techniques described by my thoughtful colleagues, Edna will get the job done on time and under budget. The pieces are there, though the integration falls short.”


However, Craig did offer a little future optimism here:

“One possible bright spot was the emergence of hosted options. No one was sure the job could be begun–let alone completed–using SaaS on so tight a budget; but, there was enough mention of Saas to make it seem like a possibility, now or someday soon.”


PART 3  May 22, 2018

The Ernie Challenge

What about cases that fall between the Edna budget limit of $1,000 and major litigation like Pension Committee, a $550 million case arising out of the liquidation of hedge funds? (Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 685 F.Supp.2d 456, 465 (S.D.N.Y.2010)?

To answer the question of what to do for the cases larger than $1,000 but less than the major litigation cases, I drew up the “Ernie Challenge,” with advice from Craig Ball and late DLA Piper senior counsel Browning Marean.  Named for my good friend Ernie Svenson, then a solo attorney with a general practice in New Orleans, it was posted on its own blog site at .

Ernie is very tech savvy and often calls me when he has an EDD question involving what we call the “tweener” cases, those that fit in between the range covered by the Edna Challenge and mega cases suitable for the larger brand name products that dominate the EDD world.

The Ernie Challenge posited a case with roughly 1 terabyte of data to collect and a final amount of 200 gigabytes of data to review, most of that e-mail with the balance being various types of financial data. We also asked for some form of web review tool to work with the clients’ counsel and contract staff in a separate location.

There were several problems in meeting this challenge. First of course was pricing. Many, if not most, eDiscovery vendors at that time had their roots in the per unit commodity pricing days of photocopying and imaging. The standard practice was to charge hundreds of dollars per GB to process the data (which included culling, deduping, and de-nisting of the data set then preparing it for loading into a review software); then charging again — by both GB and user — on a monthly basis to review the data.

As a result, a simple license plus annual maintenance or a monthly subscription fee model for eDiscovery products didn’t exist. Instead, we had to sort through hundreds of products priced by varying and often widely divergent methods.

$X per GB for processing, $X per page for OCR, $X per document for near duplicate detection, $X per page for Bates numbers, $X per user and per GB to host and so on. Each is performed for different units with different unit pricing that can run from a penny to $500 per unit

For example, if a client paid for a forensically sound data collection of 800 GB (the size of the hard drive of one typical computer) and that data set eventually yields 200 GB of reviewable material, a typical eDiscovery company would charge $200 per GB for the processing ($160,000) plus $50 per month per GB ($10,000) and $90 per month per user for the hosting. If the case were to last 18 months, this cost alone would be just under $350,000.00. And if we accept the commonly cited statistic that the review process will account for 60-70% of the total project price, then we’re looking at a project cost that will eventually be close to $1,000,000.00.

For 200 GB of data!

To avoid the shock of those costs being immediately apparent, vendors often using pricing sheets in response to an eDiscovery RFP that looked like the menu in a Chinese restaurant … without English subtitles. And very few people had the experience, let alone the patience, to sort through those sheets. I myself was often called by clients to help them in that process because the separate bids they receive to an RFP don’t even appear to respond to the same proposal!

So, if your case was only worth $400,000 and after analysis and discussion with your client, you believe you cannot spend more than $10,000 for ESI processing and hosting services over the anticipated 18-month life of the case, you had a problem.

And if your case fell within the scope of the EDna Challenge, a small case with an eDiscovery budget of less than $1,000, you had an enormous problem.

By 2011, the question was paramount but we began to see some glimmer of hope. Craig Ball, in an interview at Legal Tech New York with Doug Austin ( said “…  I’m seeing some behind the firewall products, even desktop products, that are going to be able to allow lawyers and people with relatively little technical expertise to handle small and medium sized cases.”

And that is the essence of our Small Case Dilemma. Where are those programs? Are there really applications that attorneys can use themselves to process and host data? Is there really a way to process and review a couple of hundred GB of data for a reasonable price?

By 2012, the products Craig Ball mentioned had materialized. In the book we wrote as a follow up to our ABA TechShow session (Electronic Discovery for Small Cases (ABA, 2012), Bruce Olson and I listed several, including:

  • Acrobat Legal Edition
  • Digital WarRoom Pro
  • Discovery Cloud
  • dtSearch Desktop
  • Harvester
  • Intella
  • Lexbe Online
  • Quick View Plus
  • SafeCopy

And at the same time, pricing began to drop substantially. Not only did unit pricing lower dramatically but we also began to see drop a trend away from the unit pricing model towards a flat fee or “all in” pricing. These sort of bundled flat rate prices, whether it be “per gigabyte,” “per drive,” or even “per case,” cover all the variables currently priced by the big boys as separate line items.

This development stemmed from two factors: (1) increased pricing competition among vendors and (2) newer cheaper technology. Faster processing products were being sold directly to corporate legal departments and law firms while the cost of hosting is being driven down by non-legal services such as Amazon and Microsoft. These developments give clients the option of using an in-house solution that cost far less than the prices stated above which then caused vendors to drop their prices accordingly.


PART FOUR May 24, 2018


The EDna Challenge, 2016

In 2016, Craig Ball revisited the Edna challenge with a new set of parameters and a panel at the annual ILTA conference on which I was privileged to be a participant. The panel sought what Craig called “… a re-examination of EDna options circa 2016 on a bigger budget. .

In this new challenge, Edna had a Zip file on a thumb drive containing collected ESI in various formats: 10 custodians with ESI PSTs for six of them, four MBOX take outs from Gmail for the other four and a combination of  word processed documents, spreadsheets, PowerPoint documents, PDFs and a few scanned paper documents for all ten. She estimated the contents will unzip to about 10-12 GB with somewhere between 50,000 to 100, 000 documents total.

The goal was to conduct a paperless privilege and responsiveness review of the material in-house, sharing the task with an associate and legal assistant.  All staff had high-end, big screen desktop PC running Windows 8.1 with MS Office 2016 and Adobe Acrobat 11 Pro installed and the office’s network file server had ample space for the document collection.

The specific goals were:

  • Efficient workflow
  • Robust search
  • Ability to process relevant metadata
  • Simple document tagging and production identification
  • Effective tracked deduplication
  • Review may take up to 90 days, and the case may not conclude for up to two years.  All review, hosting and production costs must be borne by the budget.

Edna didn’t own a review tool and was willing to spend up to $5,000.00 total for software, vendor services, SaaS, etc.  Craig’s only restrictions on responses were “She won’t spend a penny more.  You can’t loan her your systems or software.  You can’t talk her out of it.  Pricing must mirror real-world availability, not a special deal.”

The good news was that the increase in budget accompanied by the shift to Web based solutions made a dramatic change in the responses. As one independent analyst noted, if kept to 3 months hosting, more than 70% of the companies he worked with could meet the challenge. Brad Jenkins, CEO of CloudNine (the host of this article) noted that the CloudNine software would allow Edna  “… access to a complete eDiscovery platform for processing, review, and production. She can upload her data for automated native processing, review her data in CloudNine’s integrated review tool, and produce her data in almost any format.”  All for under the limit of the challenge.


What’s Next?

The next step in the market of technology for the rest of us is growth of Internet based tools.  We are now seeing even more budget conscious solutions in a SaaS environment, solutions that work with common native format files where you host your own data with programs installed locally that are able to accommodate smaller data collections.

Some of these are well-established companies such as Relativity or Ipro Tech and others are newer companies such as CloudNine, Digital War Room, Logikcull, CS Disco and Everlaw. Some of them also incorporate some form of front-end analytics to significantly uce the amount of data to be processed as well as TAR or predictive coding technology to enable faster review of documents.



But the ultimate solution is more than just knowing the rules, avoiding e-jargon and understanding the technology. In our estimation, it is the process not the technology.

We are not alone in this appraisal. Technologist John Martin once commented, “It’s the archer not the arrow.” Craig Ball says, “The key consideration is workflow”.

The fact is that technology is not the key to successful management of e-discovery in small cases. Rather, the single most effective way to keep eDiscovery costs low is to work with your opposition in a cooperative manner so you can stipulate to the use of low cost solutions.

We all must change to the new paradigm of working in the digital world. In the words of The Hon. Lee Rosenthal, former Chair of the Standing Committee of the Judicial Conference, “Litigation habits and customs learned in the days of paper must be revisited and revised. The culture of bench and bar must adjust.”

Craig Ball described it as “throwing down the gauntlet in the Edna Challenge when he said, So, how about it e-discovery industryCan you divert your gaze from the golden calf long enough to see the future and recall the past? Sam Walton became the richest man of his era by selling to more for less. There’s a fast-growing need…and a huge emerging market.  The real Edna Challenge is waiting for the visionaries who will meet the need and serve this market.”

I think we’re almost there.

I think we’re very close to being there.


eDiscovery for the Rest of Us Webinar with Tom O’Connor & Doug Austin

May 29, 2018

CloudNine Educational Webcast Series: eDiscovery for the Rest of Us 

May 30, 2018 at noon CST

Does it seem like eDiscovery technology today is only for the “mega-firms” and “mega-cases”? What about for the “rest of us”? Are there solutions for the small firms and cases too? What does the average lawyer need to know about eDiscovery today and how to select a solution that’s right for them? This CLE-approved* webcast will discuss what lawyers need to know about eDiscovery, the various sources of data to consider, and the types of technology solutions to consider to make an informed decision and get started using technology to simplify the discovery process. Topics include:

+ How Automation is Affecting All Industries, including eDiscovery
+ Drivers for eDiscovery Automation Today
+ Challenges from Various Sources of ESI Data
+ Ethical Duties and Rules for Managing Discovery
+ Getting Data Through the Process Efficiently
+ Small Case Examples: Ernie and EDna
+ Key Components of an eDiscovery Solution
+ Types of Tools to Consider
+ Recommendations for Getting Started

* MCLE Approved in Selected States

Expert Presenters Include:
Doug Austin: Vice President at CloudNine and Editor of the eDiscovery Daily Blog

Doug is the VP of Products and Professional Services for CloudNine. At CloudNine, Doug manages the complete product and service portfolio as well as provides professional services consulting 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: eDiscovery Expert and Special Consultant to CloudNine

Tom 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 where he has worked on numerous major cases, most recently the BP litigation. He has also been appointed as a technical consultant by various federal and state courts on cases dealing with large amounts of electronic evidence and specializes in negotiating ESI exchange protocols.

Register Here for this Free CLE Webcast 


March 30, 2018
Da Band
Mark your calendars for April 6th because The Band is Getting Back Together!  Pictured above at the world famous Ground Zero Blues Club in Clarksdale MS, after last years record breaking gig at the Ole Miss School of Law, from left to right it’s Craig Bayer, President of Optiable and speaker extraordinaire , who has the gift of turning the confusing area of legal tech completely upside down so a ten-year-old could understand it, technology expert Craig Ball, board-certified Texas trial lawyer, certified computer forensic examiner, law professor and electronic evidence expert,  Ernie “the Attorney” Svenson, a well-known tech speaker who focuses on helping other lawyers in small firms learn how to leverage technology to boost profits, cut overhead, and outmatch big firm lawyers and finally, Tom O’Connor, Director of the Gulf Coast Legal Technology Center and a nationally known consultant, speaker and writer in the area of computerized litigation support systems.
All four arrive in Gulfport, MS on April 6th to share nearly 140 years of combined knowledge about the latest and greatest in legal technology for your practice! Don’t miss this incredible opportunity to see four of the best national speakers as they take the stage at the Courtyard Gulfport Beachfront by Marriot.
Get all the details here ( and sign up today!  Free band sunglasses to the first 10 attendees!!

All Aboard the Tech Train to Chicago for the ABA TechShow

March 5, 2018



Goat DC 2IPhone Mar 14 1598


Yup, it’s that time again.  Tomorrow Gayle and I will be boarding The City of New Orleans to meander up to The City of the Big Shoulders   …. I’m telling you that you haven’t seen ‘Merica till you’ve seen Carbondale IL at 3AM …. for the ABATECHSHOW 2018   Here’s some of the highlights:

  • A new venue this year will be the Hyatt Regency Chicago, back on the riverfront close to the Miracle Mile, the Billy Goat Tavern and the Chicago Law Bulletin, home of my ole buddy Dave Glynn
  • The opening reception will be Wednesday night at 6PM in the Expo Hall where you can also get a look at this years Start Up Alley of innovative new software venrures.
  • I’ll be speaking on two sessions:
    • First is E-Discovery for the Rest of Us on Thurs at 2PM with Brett Burney and my old friend Judge John Facciola. This is gonna be fun so get there early for a seat.
    • Then on Saturday at 8AM I’ll be joining Atty. Megan Zavieh for Your Law Firm Ethics Checklist. That one is going to be fun as well but at 8AM on Sat morning well you’re just gonna have to take my word for it!\\
  • Then on Friday night, Brett Burney and I will be hosting a Taste of TECHSHOW dinner at Piccolo Sogno called Pass The ESi Please, in honor of our session. Sign up to dine with us, or any of the other faculty members hosting a dinner, at
  • Finally, for anyone who is a Friend of Bill W and needs a little serenity during the show, I’ll be chairing a 12 Step meeting on Thursday and Friday mornings at 7AM in Grand Suite 3. These will be open meetings on any recovery topic so come by and share your experience, strength and hope.


What To Do In New Orleans

January 11, 2018

Here’s the popular list of great places to go in New Orleans compiled by my buddy Craig Bayer of Optiable  ( I don’t know what it means either) … I vouch for pretty much most of them.


I usually get asked by friends where to go when visiting New Orleans. The easiest thing to do was to break New Orleans into sections and list my favorite places in each area. If you show this list to a local, they will probably call me an idiot and complain that I left off “insert pretentious restaurant”.  New Orleanians are very passionate of their restaurant and bars, which is why we have some many great places.

French Quarter:  Tourist Trap,however there are some great places.Try to get out before 10 pm.

La Fitte’s Blacksmith Shop/ Bar -Oldest Bar in the United States. Lit by candles, except theJukebox and Daiquiri Machine, just like the 1800s.

Sylvain(Food) My favorite place to eat in the quarter. They take reservations, and I would make one, because they fill up fast.

Old Absinthe House(Bar)-Get a Sazerac, you can attribute 75% of your next day hang over to it.

Coops(Food) Hole in wall atmosphere: Crab Claws are amazing as well as the fried chicken and Jambalaya. They used to have a Cat that lived in the Bar, but I think it died. It had no tail.   (Editors note: Craig is probably referring to Mr. Wu, who actually resided next door at Mollys which shares a common rear service entrance .. see a pic at this link Mr Wu )

Molly’s at the Market(Bar) –Next to Coops, best Bloody Mary in New Orleans, the secret is a splash of Guinness.  The irish coffee slushie is also a must.

Stanley-My favorite breakfast place in the Quarter.
Bar Tonique(Bar)-If you’re a mixologist go here.Take a Cab or Uber there and back, don’t walk. Also, if you refer to yourself as a mixologist, you’re a moron.

Monteleone Hotel Carousel Bar  -The bar moves in a circle,  so if you can get drunk enough, it will start saying in one place.

Krystal Burger(food) -Free T-Bags, open 24 hours.  (Editors Note: this refers to a local legendary post Bama LSU football game incident: see story here at Tbag

CBD  Central Business District(This is Poydras St., Canal, and the Superdome Area)

Dragos(Food) –Charbroiled Oysters,get a dozen as the main meal and don’t share.
Emeril’sDelmonico(Food)–My Favorite overall Nola Restaurant.
Couchon(Food) -High ClassBarbecue.James Beard Finalist Chef.
Peche(Food) -Owned by Donald Link, who also owns Couchon, might be one of the best seafood places in nola. And it just won James Beard award for best new restaurant and new Chef.
The Rusty Nail -Local Watering Hole.

Frenchmen Street / Marigny / Bywater
If you want Jazz, live here.It’s the hipster version of Bourbon Street. This is where the locals go at night.  (Editors Note: actually all sorts of music all night long these days)
Blue Nile(Music)-Jazz Club
The Spotted Cat(Music) -Jazz Club
dba–(Music) Music Club. Try to sit in the fish bowl in the front. Great people watching.
Bacchanal-(Wine Bar) If you like wine,go here.
Port of Call (Food)-This really on the end of quarter, great burger place that comes with a full baked potato. Get a Monsoon, but be warned, it is a really strong drink. There is always a line.

Mid –City
Down Canal Street near City Park and the Fair Grounds (Jazz Fest)

Liuzzuas by the Track-(Food) –Best Gumbo in New Orleans. Near the track. (Editors note: “the track” refers to the NO Fairgrounds and Slots which is the home of JazzFest but better known as the ‘hood of Tom O )

Mandina’s–(Food)Get the Turtle Soup.
New Orleans Fair Grounds (Horses)-You need a collared shirt. Try to come on a weekend where they are racing Camels. This is also where Jazz Fest happens.
Parkway Bakery and Tavern (Food)-Another famous po-boy place, even POTUS has eaten here.
Ralph’s on the Park (Food) -High end dining located across from City Park.

Garden District
From the CBD to Audubon Park,take the Street Car, it’s worth it. Upper and Lower Garden District
St. Joes Bar (Bar) –Best Mojito in Nola.
Patois(food) -Upscale restaurant in the heart of the Lower Garden District. Great food, great people. Ask for a Ladle and they will hook you up.
Domilie’s Poboy and Bar(food) -Another great po-boy place
Boulingy Tavern(food) -This is next to Lilette (which is a great restaurant) and shares the kitchen. Food and drinks are top notch.

Irish Channel
Between the Garden District and the CBD.I used to live on First and Magazine for a couple of years.
Commander’s Palace(Food)-Classy Restaurant.A wonder dining experience. 25cent Martinis during lunch.
Tracey’s(food) -It is the old Parasols, even though the old Parasol is still around. After a couple of drinks, this will make sense. This is my hangout, best Roast Beef Po-Boy in the World.
The Bulldog(bar) -Best Beer selection in New Orleans. Like most Nola bars extremely Dog Friendly.
Joey K’s (food) -Great restaurant on Magazine Street, has that home cooking feel, everything here is wonderful.
Freret St
This is place was dead when I went to college, but now is pretty hopping.
The Company Burger (Food)-might be the best burger place in Nola.
High Hat Café (food) -This place resembles an old school diner you would see in small town Louisiana and the food is top notch.

Chalmette Battlefield-Last major battle of the war of 1812, which was fought after the War was over, cause in New Orleans, we are so far behind, where ahead. Take the Creole Queen from Jackson Brewery. Make sure you buy the buffet with your ticket. The food is crap but they have a keg of Abita Purple Haze. You get a great trip down the Mississippi and about an hour or two to view the battlefield.
The National World War II Museum-I used to work here, its world class. Watch the video in the Forbes Theatre, it’s worth it. It will probably take you the whole day, have lunch at The American Sector.
St. Charles Street Car -For $1.25 each way you will get a great view on New Orleans.
Moscas-This is an ItalianRestaurantout in Avondale, which is about 45 mins from New Orleans. This was the hangout of mobsterCarlos Marcello.
Jean LaFitte National park-This is also a 45 minute drive out of New Orleans. I had a friend visiting from Australia who wanted to do something besides drinking. I am amazed no one dies here, you walk in a swamp and regularly run into Alligators and all sorts of snakes. It takes about 2-3 hours and is worth it.

New Orleans is a wonderful place but it is also very dangerous. I have had multiple friends mugged, robbed, and pistolwhippedin the French Quarter. Don’t go to an ATM at night, these are usually staked out, travel in packs, take an Uber and be careful.

Tom’s Additional Recommnedations

Dooky Chase’s ……     Best creole cuisine in town and a legendary secret meeting place of civil rights groups in the 60’s

The Mother In Law Lounge  …     too much musical legend for one sentence

The Ruby Slipper   local chain started after The Storm

Lil Dizzys Cafe      authentic NOLA soul food breakfast




Tom O’Connor Speaking at the San Diego ESI Forum On Dec. 14th

December 8, 2017



Friends and Colleagues,

Here’s a link to the flyer for the December MCLE event in our 2017 series. We are honored once again to present Tom O’Connor, the nationally-known authority on issues that we all face. He’s even been accused of being a “thought leader”! He publishes regularly on his blog “Techno Gumbo” and tweets from @GulfLTC.

The topic of his presentation evidences the breadth and value of his comments and opinions.

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

If you still need to sign up on the Forum’s webpage, please go to and enter your email in the MCLE box. While you are 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 of 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 |

Tom O’Connor Joins Craig Ball, Ralph Losey, Maura Grossman and Judge Peck Speaking On EDiscovery Day

November 30, 2017

OK, I’m joining all of them in much the same way NBA player Al Attles used to say “I once combined with Wilt Chamberlain for 117 points in a game.”  On March 2, 1962, Wilt scored 100 points in a game against the New York Knicks, still the NBA single game scoring record.  Al scored 17.

Likewise, I will be speaking tomorrow, Friday December 1,  on eDiscovery Day. But only in the same arena with those other speakers not actually WITH them.

EDiscovery Day is a profession-wide event exploring issues around electronic discovery. Sponsored by Exterro,  it involves some live events and a number of webinars throughout the day covering issues across the eDiscovery spectrum.  This year is the third annual event and in case you wondered if people are taking it seriously, here is the reaction from E-Discovery Day Panelist, Blogger and Craig Ball, “To me, every day is E-Discovery Day; but, now the world will know when to hang the e-discovery stockings and serve the e-discovery wassail!” (E-Discovery Leaders Look to Methodology, Not AI, To Update Toolkits )

Perhaps his fellow Attorney, Blogger and E-Discovery Day Panelist, Ralph Losey, said it better in the same article when he noted “It is important to remind all attorneys of the significance of electronic discovery and the timely preservation of electronic evidence. Almost all documents today are electronic, and if relevant, will be part of any litigation. Lawyers and Law Departments need to master this subject to adequately represent their clients. This means constant education, which this program should assist.”

To that end, E-Discovery Day will include seven different webcasts covering topics ranging from e-discovery case law, social media, and FRCP revisions. Many of the scheduled webcasts offer CLE credit. Webcast speakers come from a variety of backgrounds, including two judges, multiple attorneys, and many influencers in the e-discovery industry.  And me.

Full details on each webinar topic and speaker information can be found at the following site: .  The two I am speaking on are Authentication of Social Media Evidence: A New Twist on the Old Rules with Gayle O’Connor, Marketing Manager of sponsor Social Evidence  ( ) at noon Eastern time and then at 1PM Eastern time Murphy’s eDiscovery Law: How to Keep What Could Go Wrong From Going Wrong with Doug Austin, VP of Operations & Professional Services at sponsor Cloudnine  ( )

In addition, there are two sessions I highly recommend for their compelling content. The first is at 3PM Eastern and features Judge Andrew Peck speaking on a subject that is near and dear to him, Is it Malpractice Not to Get a FRE 502(d) Order? Judge Peck brought this up at Relativity Fest in the Beer and Basics session when his informal survey of the attendees disclosed only a handful who were even aware of this option.  I can’t recommend this session enough for people who aren’t using FRE 502(d).

And the very last session of the day features three of my favorite speakers.  Mary Mack, the Executive Director of ACEDS will be joined at 5:30 Eastern time by Bill Hamilton, the Executive Director of the U of Florida Law Ediscovery Project and last but certainly not least Judge John Facciola (Ret) to discuss Top 5 E-Discovery Process Improvements Legal Needs to Make (But haven’t made yet…). These three will have observations that are both cogent and well expressed and I can’t say enough about the value this panel should provide.

So there you have it.  All day, all free education about ediscovery by some of the top thinkers in the field, on subjects that are as practical as they are educational.  Make some time to listen to some of these sessions and you’ll come away with some great tips for improving your ediscovery