A look at the discovery and technology trends that are reshaping the way we practice law.

1. 2018: Emerging Trends in eDiscovery
February 7, 2018

2. Lightning Round! What we will also get wrong in 2019?
The Walking Dead: Things that we keep being told are dead, but yet are still here
(so they must be zombies)
Other Legal Tech Predictions
eDiscovery Predictions
2
Agenda

3. Presenters
Brett Burney
Attorney and Consultant
Burney Consultants, LLC
Michael Simon
Attorney and Consultant
Seventh Samurai, LLC
Antigone Peyton
Attorney
PROTORÆ Law
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4. 1. eDiscovery Predictions
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5. There’s still an “e” in front of Discovery*
*Yes, we know what the title of our presentation is; it’s just further proof of the problem 5

6. The first generation of “eDiscovery* Judges” retires
And that is actually very good news in a way
6*At this point, our continued use of the “e” in eDiscovery is our (lame) version of irony

7. eDiscovery is everywhere!
It’s not just for BigLaw anymore
eDiscovery increasingly common in smaller cases, with smaller firms
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8. Sanctions motions and rulings get increasingly rare
Due to the difficulty of proving “intent”
under FRCP 37(e)
We could see more Rule 34(b)
violations for boilerplate objections
And . . . 8

9. Inherent authority to enter sanctions increases
“Inspired” by the US Supreme Court, Goodyear v. Haeger (2017)
Increases as a result of frustrations with limitations of 37(e)
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10. Meet & Confer becomes increasingly important
Especially as the new crop of eDiscovery-aware judges require cooperation
Is it time for the Sedona Cooperation Proclamation to shine?
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11. And they keep messing it up when they do use it
Even though we keep telling them about it . . .
Lawyers still won’t use FRE 502(d)
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12. 2. Other Legal Tech Predictions
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13. Data volumes continue to skyrocket
But our ability to filter it down will continue to grow faster
Except, for new data types it will require time to adapt
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14. IoT and blockchain information are actually
impacting legal practice
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15. The impact of ephemeral messaging
2007: Ephemeral hysteria over Columbia v. Bunnell = a rare exception
2017: Real hysteria over Waymo v. Uber = uses one of many, free apps
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16. 3.
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17. That “e” in eDiscovery
Zombie Power Level 1:
Dungeons & Dragons
Easily taken out by even a low level Cleric, is
the end nigh?
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18. The Billable Hour
Zombie Power Level 2:
Shaun of the Dead
“History repeats itself, first as tragedy,
second as farce.”
- Karl Marx
(a commie, not a zombie)
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19. The Billable Hour
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Growth of Alternative Fee Arrangements (AFAs)
(from BTI’s “State of AFAs 2016”)

20. BigLaw
Zombie Power Level 28:
28 Days Later
Fast and furious, and even when they are
finally defeated, there’s always the sequel
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21. A sample set of the recent so-called “wake up calls” for BigLaw
BigLaw
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22. “It’s hard to convince a room full
of millionaires that they’ve got
their business model wrong.”
- Richard Susskind
(not a zombie, as far as we know)
BigLaw
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23. Lawyers
Zombie Power Level 100:
Night of the Living Dead
If a 15th Century Shakespearean villain
couldn’t kill us all, first thing, will
robots now finally finish us off?
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24. “I do not believe that lawyers are self-
evidently entitled to profit from the law. . .
the law is not there to provide a livelihood
for lawyers”
- Richard Susskind
(not a robot either, we believe)
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25. 4. Lightning Round!
What will we also get wrong in 2019?
Questions can be submitted using the
“Questions” box in your BrightTalk
webinar control panel
Picture credit: Jeremy Thomas, Unsplash
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26. Brett Burney
burney@burneyconsultants.com
@macsinlaw and @bburney
Michael Simon
michael.simon@seventhsamurai.com
@RoninMikeSimon
Antigone Peyton
apeyton@protoraelaw.com
@antigonepeyton
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27. Closing The Loop: Read Logikcull’s legaltech news
and trends blog at blog.Logikcull.com
Check out a demo of “Instant Discovery” at Logikcull.com/demo
Hi@Logikcull.com
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