EDD Update

Law Technology News Daily Alert

We've launched our Law Technology News Daily Alert!  It's a joint project managed by Law.com's tech editor Sean Doherty and LTN editor Monica Bay -- the same combo that brings you this blog! To subscribe, click here.

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Ch Ch Ch Changes

With EDD Update now more than a year old, Sean Doherty & I are considering how we can continue to improve it, to make it an increasingly valuable resource to you -- our readers. As mentioned below in a prior post, we encourage and invite you to send us your ideas and critiques.

But we've already decided to adopt a significant change: we are going to remove the requirement that EDD Update authors be a member of either the Law.com tech board or the Law Technology News edit board.

Why? For several reasons. Among them -- we strongly believe that this blog can provide a vehicle for new, fresh voices. While we very much value the expertise of established experts -- and want to invite more -- we also want to be sure that we are identifying new leaders, and providing a forum for them as well. Michael Arkfeld has been among those who have worried that there are not enough young voices in litigation support. We want to help.

Also fueling this desire was this fall's dismal reports about the lack of diversity in our legal community -- and embarrassing gender gaps in pay. We are committed to involving more women and minorities in our publications and efforts.

With those forces in mind, Sean and I have decided to open up our roster of authors. While we've always encouraged everyone to comment and join discussions -- but that's not the same as being an author. And hopefully, being an author can help bring attention not only to the great content we are producing, but to the great people who are contributing that content -- and help them thrive in their careers.

We still will restrict authors to non-vendors (with 600+ EDD vendors out there, it would be impossible to choose without inciting bloodshed). But vendors are, of course, encouraged to actively participate via our comments feature.

So -- we invite you to nominate candidates to join our team of authors. And yes, of course, please nominate yourself if you are interested. We're going to limit the blog to 40 authors for now. Send your nominees to either of us: monica.bay@incisivemedia.comorsean.doherty@incisivemedia.com

How Can We Improve EDD Update?

EDD Update is now just a bit more than one year old, and we thank all of you for your strong, steady support. It's been our goal to provide you with breaking news, up-to-the-minute press releases, and news and analysis from our industry's leading voices.

But as we head into year two, how can we make it better? (And no, Craig, we are NOT going to eliminate the press releases :)  But what can we do to make it an even better resource for you?

Please dive into the comments, or if you wish to communicate privately, you can e-mail Sean et moi at monica.bay@incisivemedia.com and sean.doherty@incisivemedia.com.

THANKS!

Hello, Goodbye... Hello

With great warmth we say adios to Katie Montgomery, who heads to Iowa City this summer to begin her English lit Ph.D program. And we welcome LTN's new associate editor, the delightful Nabia Jenkins-Johnston, who will be posting with our team.

Nabia (pronounced Knob-ee-ya) is a recent honors Rutgers grad, who worked with our colleague Jessica Reed on a GC project before transfering to LTN this summer.

Welcome! (We'll post a pix as soon as I take one!)

Andy's a Star

OK, OK, yes I know it's off topic. But check this out: LTN edit board member Andy Jurczyk, CIO of Sonnenschein, stars in this new Apple video about the new iPhone 2.0:

Click on "Hear What IT executives are saying about iPhone 2.0" video.

The production quality is amazing!

Can You Adapt?

Cover Story: Law Technology News
June 2008

By Monica Bay

Electronic data discovery is not just raising havoc with trial strategies, risk management decisions, litigation budgets, and document retention policies, it’s also uprooting traditional support staff job descriptions in law firms, corporate law departments and vendor shops.

With EDD now a $2 billion industry that is expected to double by next year, according to the 2007 Socha-Gelbmann Electronic Discovery Survey, there's a lot of chaos as organizations try to select and use the sophisticated new technology that is necessary to conduct discovery in almost any litigation. Many trial lawyers and paralegals simply do not understand technology (and don't want to), while many IT professionals do not understand the nuances of law.

But for firms and their clients to succeed, there is no choice — they simply must adapt — and that includes redefining responsibilities. Traditional support staff roles that segregate tasks into legal (paralegals who handle document coding, deposition summaries, managing exhibits) and IT (harnessing the hardware and software) are about as useful today as floppy disks. Roles are blurring, and new titles are showing up on business cards. And there is a lot of opportunity for the ambitious.

Over the last five years, one definite trend has emerged: new roles for lawyers — as trial support staff. Firms are hiring non-partner-track staff attorneys to oversee EDD operations; using partners as ombudspersons to interface between trial lawyers and support staff; establishing e-discovery practice areas; and even spinning off subsidiary EDD companies.

Phoenix consultant Michael Arkfeld,* a former federal civil litigator, says many trial lawyers are eager to delegate anything to do with e-discovery. They are relying upon vendors, consultants and designated staff attorneys "to provide the magic wand to make it happen properly," he says. "Generally, every firm has at least one or two attorney 'champions' they rely upon to handle EDD matters. They are extremely valuable and rare."

David Baker*, chair of Chicago-based consultancy Baker Robbins & Co. (www.brco.com), is among the many observers who see more lawyers jumping to EDD management roles in law firms. What's in it for the firms? Trial lawyers want consulting-level assistance, not just technical information, he explains. They want their trial support team to understand the litigation process, deadlines, and strategies.

Off Topic: Plaxo Bought by Comcast?!

This is most definitely off-topic, but fascinating: Social Networking company Plaxo has just announced that it will be bought by... Comcast!?!

FTK 2.0: Product Review

In the years I've been writing about forensic technology, I've shied away from reviews that dumped on products.  If I couldn't say something nice, I tried to talk about something else.  Heck, I generally steered clear of mentioning any product by name unless I liked it so much I could barely contain myself.  There are few perfect software products, and just about any application is a buggy mess in its point-O release.  Likewise, code bloat and ham-handed departure from the simple virtues that drew us to a product in the first place are common missteps.

But the problems seen in the latest 2.0 release of the venerable AccessData Corp. product, Forensic Tool Kit (FTK 2.0), just seem deeper and wider than I've run into elsewhere, and I'd be doing you a disservice, dear reader, if I glossed over them.  Read on to get a smattering of why I say "Wait! Spare yourself the pain!" when it comes to the FTK "upgrade."

Sneak Preview: "FutureTech" at LegalTech LA

Campers:

I've been JUST a leetle distracted lately, putting the final touches on the upcoming, first-time ever  Law Technology News Presents FutureTech  at LegalTech West Coast.

We're calling it "The Trifecta" inside ALM, because it's the first time  we've conceived an effort that includes a live presentation, podcasts, and an LTN report.

Here's the 411:

Law.com EDD Webinar: Controlling Costs

Our latest Law.com/LTN  EDD Webinar, E-Discovery: Controlling Costs is now available. This one-hour  webinar was sponsored by EED (Thanks!) and is free.

We had a blast taping this one; how could you not with such a fabulous group of speakers:

* Craig Ball, LTN's "Ball in Your Court" columnist and Austin-based trial lawyer/tech guru/ computer forensic examiner.
* Patrick Oot, director of E-Discovery and senior lit counsel at Verizon
• Rich Hauser, senior corp. counsel, office of the general counsel, Farmers Group, Inc.
• Browning Marean, partner, DLA Piper U.S.

Yours truly was the moderator.

Enjoy!  And we love to get feedback!  Let us know what we can improve and what you like: E-mail us at eddupdate@alm.com.