This past week, I had the opportunity to attend the Ing3nious NorCal Retreat on Ediscovery and Information Governance in the beautiful Pacific coast town of Half Moon Bay, California. This event signified the fifth anniversary since Ing3nious launched its initial retreat. As typical for Ing3nious conferences, the retreat featured many knowledgeable speakers and informative presentations.
Ediscovery Ethics: Calm, Cool and Competent
At the retreat, I had the chance to present the session on ediscovery ethics, along with attorney Brendan Kenny of Blackwell Burke. The focus of our presentation was on The State Bar of California Formal Opinion No. 2015-193 on Ediscovery Ethics and its applicability to the Model Rules of Professional Conduct. We discussed the importance of the nine skills highlighted in the California opinion:
- Initially assess ediscovery needs and issues
- Implement/cause to implement appropriate ESI preservation procedures
- Analyze and understand a client’s ESI systems and storage
- Advise the client on available options for collection and preservation of ESI
- Identify custodians of potentially relevant ESI
- Engage in competent and meaningful meet and confer with opposing counsel concerning an ediscovery plan
- Perform data searches
- Collect responsive ESI in a manner that preserves the integrity of that ESI
- Produce responsive non-privileged ESI in a recognized and appropriate manner
Destination 2020, Social Media and Ediscovery Trends
One session that I found particularly interesting was “Destination 2020: The Changes, Opportunities and Challenges of the Next Four Years” presented by Chris Surdak. Chris has been at the forefront of the application of information technology and gave us a glimpse of his new book: Jerk, Twelve Steps to Rule the World. In his presentation, Chris discussed the formula for causing jerk in any industry and what existing companies must do to respond to these jerks while there is still time.
Other sessions I enjoyed include, “Through the Looking Glass: On the Other Side of the FRCP Amendments,” “It’s a Social World After All,” and “Top Trends in Discovery for 2016.” Specifically, I had the pleasure of listening to my Kroll Ontrack colleague, computer forensics expert Steve Komos, discuss social media in the “It’s a Social World After All” panel discussion.
To learn more about Ing3nious or the retreat, visit the website here. Additionally, keep an eye out for the Ing3nious East Coast 2016 retreat that is set for late September at which Kroll Ontrack will be a participant.