kennedy edd trends presentation oct 2007

8/14/2019 Kennedy EDD Trends Presentation Oct 2007

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Electronic Discovery:Times are Chan in Are You Read ?,

October 16, 2007

Dennis Kennedy

Electronic Discovery:

,October 16, 2007Dennis Kennedy

What Well Cover

Setting the Stage Times are Changing 2007

Getting Ready Q & A


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My Approach Today

The sum of the expertise ofThe sum of the expertise ofthe people in the audience isthe people in the audience is

greater than the sum of expertise ofgreater than the sum of expertise ofthe people on stage.the people on stage. DaveDave WinerWiner

WisdomWisdom

I. Overview / Basic Concepts


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Lawyers and Electronic Discovery

Vendors

Guiding Principle #1

CourtsClients

Where Lawyers Believe They Are . . .and Where They Want to Be

Vendors

Guiding Principle #1A

CourtsClients

Lawyers

Where Others Want Lawyers to Be


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Vendors

Lawyers

Guiding Principle #1B

CourtsClients

Where Others Really Want Lawyers to Be


Electronic Discovery is a Subset

or

Does E-Discovery Really Differ

From Plain Ol Discovery?


There is a (Growing) EDD GapThere is a (Growing) EDD Gap


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Gap Analysis

Where We Want to Be

Where We Are

The GapThe Gap

Two Big Words

First Word


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Second Word

e n erme a one n erme a on

Simple Question #1

w u yw u yRelevant?Relevant?

Simple Question #2

How Do You HelpHow Do You Help

People UnderstandPeople UnderstandThat You Are StillThat You Are StillRelevant?Relevant?


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Vendors

LawyersClients

Courts

Greatest Opportunity

II. Electronic Discovery

Technology Trends 2007

1. Records Management

Records Management,

Not EDD is the Driver

EDD as Part of aLarger Process

The Focus MovesAway From LawyersCalling the Shots


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2. Toward the One-Stop Shop

EDD Can Be aComplicated, Multi-step Process

Sifting ThroughPrograms, Providersand Partners

An EDD GeneralContractor?

3. Metadata Makes Headlines

SimplyUnderstandingMetadata is 90% ofthe Battle

Will Make Headlines

Collaboration vs.

Publication

4. The Coming Shakeout

5,000(!) EDD Vendors

,Confusion, and ThenSome Clarity

Monitor Carefully andLook for Interoperabilityand Transition Routes


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5. Client-Driven and Court-Driven

Motivation Comes fromMany ExpensiveFrustrations

Patience Running Out

Look for Directives andDemands, NotRequests

6. Ethical Wildcards

What in the Worldare State BarsDoing?

What is EffectiveRepresentation?

Watch theMalpractice Carriers

7. Easy or Scary?

EDD is Really Scary,Right?

Are We Making ThisToo Hard?

Building on What WeKnow and Analogies


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8. Project Management

EDD is All AboutProject Management

These May Be NewSkills for Lawyers

What is the NewTeam?

9. Litigation Support Managers

The Interface Between ITand the Liti ation / EDDProcess

High Growth Area

Identify Assets, MovePeople into Position,

Coordination

10. One Big Thing That Must Happen

Who Must Be

Talking toEach Other?

Are They?

Why Not?


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III. Electronic DiscoveryTechnology Trends 2007 and

(Most Importantly) Beyond

1. EDD as The Tail, Not the Dog

Records

Management, NotEDD, is the Driver

EDD as Part of aLarger Process

ILM and Compliance


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2. Underestimating Lawyer Inertia

FRCP Amendments =

Lawyers Are VeryInnovative About NotChanging Things

Will There Be a TippingPoint?

3. Moving Beyond Metadata andDocuments

What is a DocumentAnymore?

Authentication andOriginals

Discovering DataWarehouses?

4. Unpredictable Court Decisions

Retaining Data in

RAM??? If You Dont Educate

Judges, Judges WillEducate You

The Role of Education


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5. Technology Outpaces Rules

Unpacking ESI

Where Isnt ThereDiscoverable Data?

Problems with Oldand NewTechnologies

6. Changing the Focus to ReasonableProcesses and Procedures

Reasonable?

What Actions areDefensible?

Are Processes andProcedures theAppropriate Focus?

7. Data Explosion

, , ,Databases

ASPs, Hosted Services,Home Offices

Google and Other Data

Aggregators


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8. Court-, Client-, Vendor-, Regulator-,

or Lawyer-driven

awyers are e o epo n

Internet Routes aroundChokepoints

Where Do We Look forLeadership?

9. Technology Counsel

Litigation SupportManagers

The New Role ofTechnology Counsel

Who Can Be at theIntersection?

10. Unintended and UnexpectedConsequences

Forensics and Anti-Forensics

John Lennon Everything isthe opposite of what it is, isnt it,Harry?

Flipping Assumptions andConventional Wisdom on TheirHeads


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11. EDD Information Overload and

Information Underload

n orma on ver o a

Information Underload

Is It Even Possible toKeep Up with All ofThis?

12. EDD in the Cloud

Where Does Informationes e

You Hear About the CloudEverywhere Except in EDD

What Does EDD Mean inthe Cloud Web 2.0,Virtualization, and Beyond

13. The EDD Gap

Many Firms Do Not

What Does That Meanand Where are theOpportunities?


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14. Who is the EDD Buyer Today

and Tomorrow?

Who is Making the Call?

How Do We DetermineWho is the Buyer andHow Do We ReachThem?

15. Will We Reach EDD 2.0 BeforeMost Get to EDD 1.0?

Denniss Notion ofEDD 2.0

But . . . Have We EvenGotten to EDD 1.0?

Targeting the Future

16. The Coming Singularity

Kurzweil and the

ngu ar y Is the Singularity Here?

Does the Pace OnlyIncrease and theComplexity OnlyBecome More Complex(Faster)?


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17. The Continuing Shakeout

Movement from Huge

Sector

Expansion fromNontraditional Players

Uncertainty GivesLawyers Another ReasonNot to Buy

18. Hosted Services and SLAs

Movement to SaaS

SLA Becomes aMagic Word

Negotiated

Agreements

19. Eliminating the Humans

AutomatedBusiness Rules

What Belongs inthe Human

Domain?


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20. New Search Frontiers

ore gn anguages

Images, Audio, andVideo

One Tool or ManyTools?

21. Unstructured Data

,Everywhere

The Quest forStructure

Google Expectations

Rule?

22. Outsiders Moving In

Non-EDD Players

Big and Little

Im No Oracle, But IThink About Oracle,

Dont You?


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23. EDD Goes International

Multinational

Data and ResourcesMove Around the World

What Happens WhenData Located Aroundthe World

24. Best Practices and Standards

Best Practice

Guidelines andGroups

Just a Pipe Dream?

25. Integration and Platforms

Together with

Common Interfaces

EDD Tools andPlatforms

Open vs. Closed?


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26. Collaboration and Workflow

ro ecManagement GetsBigger

Changes in Staffing

(Non-lawyers)

What Tools?

My Vote for the MostImportant Trend is . . . .

EDD GAPEDD GAP

IV. People Get Ready,Theres a Train a-Comin


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Drawing Some Conclusions

You Must Treat EDD as anEvolving, Dynamic Process

Project Management Skillsare Vital

Who Calls the Shots?

What Role Do You Want toHave and Will You Be Able toKeep It?

The Lawyers Siege Mentality

The Lawyers Brain WhenTalking to an EDD Vendor

Dont WannaDont Wanna

NO!NO!NO!NO!

Hear ThisHear This

Dont WannaDont WannaHear ThisHear This


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The Lawyers Brain After

Making Decision to Buy

Start Yesterday?Start Yesterday?

ASAPASAPASAPASAP

ararYesterday?Yesterday?

Cut training?Cut training?

Cut training?Cut training?

The 80/20 Rule

80% Listening

If You Area ng e ng ore

Than 20%, YouWont Win OverLawyers

Defusing Fear and DisarmingEDD Vendors, A New Perspective


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Vendors

LawyersClients

Courts

Greatest Opportunity

Action Steps

Communication

on nu ng uca on

Collaboration

Community

Choices, Control,Confidence

WhatDirectionsand What

Steps Makethe MostSense for

You?


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QUESTIONS?

Dennis KennedyThe Dennis Kennedy Law Firm, LLC

1276 Bridle RoadSt. Louis, MO 63119

[email protected]