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Answer Bar: Technology for Litigators

Contains material from Apr 2016 to Jun 2018

Answer Bar: Technology for Litigators
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Session 1: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.

Session 2: Strategic Use of E-Discovery Fewer than one out of a hundred cases are tried. Accordingly, discovery strategy is often more vital than trial strategy. Yet, strategic use of e-discovery garners little attention, perhaps because the fundamentals demand so much focus that there is little room for flourishes. If you only know one way of doing things, how do you act strategically? Review methods to deploy e-discovery strategically, mindful of our opponent’s fears, goals, and pain points … as well as our own.

Session 3: The Business of Social Media - How are social media assets created and transferred? How are “visits” and “hits” measured and valued? Investigate the business of social media with profiles of prominent social media companies and get insight into many of the products in the social commerce space that help companies collect and make use of consumer-generated content.

Session 4: Hearsay in a Digital World - Review important hearsay issues, with an emphasis on hearsay appearing in social media, texts, and other new media.

Session 5: Getting from Internet to Evidence Social media can be a goldmine in certain cases, if you can discover relevant data and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.

Session 6: Social Media and Homeowners Insurance: Are Your Facebook Posts Covered? - Litigation stemming from social media activities has exploded in recent years. While the defendants in these cases often look to their homeowners insurance for protection, the typical policy gives insurers multiple ways out.

Session 7: Data Security Breach Litigation - Review what a litigator needs in order to prepare a client for litigation or an investigation by regulators after a data security breach. Takeaways include protocol for preserving the attorney client privilege and evidence before, during and after a breach; cybersecurity liability insurance litigation updates; and creating proof points, including a discussion of cybersecurity best practices and "cybersecurity basics," to effectively minimize damages, fines and penalties.

Session 8: Law Firm Data Security and the Ethical Duty of Technology Competence As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective.

Includes: Video Audio Paper Slides


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1. Artificial Intelligence and its Effect on the Legal Industry (Jan 2018)

Dan Jansen

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(mp4)
33 mins
(mp3)
33 mins
(pdf)
24 pgs
Session 1 —33 mins
Artificial Intelligence and its Effect on the Legal Industry (Jan 2018)

AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.

Originally presented: Nov 2017 Bankruptcy Conference

Dan Jansen, Nextlaw Labs - Palo Alto, CA

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2. Strategic Use of E-Discovery (Dec 2017)

Craig Ball

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(mp4)
47 mins
(mp3)
47 mins
Session 2 —47 mins
Strategic Use of E-Discovery (Dec 2017)

Fewer than one out of a hundred cases are tried. Accordingly, discovery strategy is often more vital than trial strategy. Yet, strategic use of e-discovery garners little attention, perhaps because the fundamentals demand so much focus that there is little room for flourishes. If you only know one way of doing things, how do you act strategically? Review methods to deploy e-discovery strategically, mindful of our opponent’s fears, goals, and pain points … as well as our own.

Originally presented: Nov 2017 Civil Litigation Conference

Craig Ball, The University of Texas School of Law - Austin, TX

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3. The Business of Social Media (Apr 2016)

Kin Gill, Nicholas Campbell, Stephen E. Stein

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(mp3)
51 mins
(pdf)
26 pgs
(pdf)
16 pgs
Session 3 —51 mins
The Business of Social Media (Apr 2016)

How are social media assets created and transferred? How are “visits” and “hits” measured and valued? Investigate the business of social media with profiles of prominent social media companies and get insight into many of the products in the social commerce space that help companies collect and make use of consumer-generated content.

Originally presented: Apr 2016 Corporate Counsel Institute

Kin Gill, Bazaarvoice, Inc. - Austin, TX
Nicholas Campbell, Bazaarvoice, Inc. - Austin, TX
Stephen E. Stein, Thompson & Knight LLP - Dallas, TX

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4. Hearsay in a Digital World (Nov 2016)

Steven Goode

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(mp3)
31 mins
(pdf)
22 pgs
(pdf)
19 pgs
Session 4 —31 mins
Hearsay in a Digital World (Nov 2016)

Review important hearsay issues, with an emphasis on hearsay appearing in social media, texts, and other new media.

Originally presented: Oct 2016 Civil Litigation Conference

Steven Goode, The University of Texas School of Law - Austin, TX

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5. Getting from Internet to Evidence (Aug 2016)

Jason Boulette

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(mp4)
30 mins
(mp3)
30 mins
(pdf)
39 pgs
(pdf)
11 pgs
Session 5 —30 mins
Getting from Internet to Evidence (Aug 2016)

Social media can be a goldmine in certain cases, if you can discover relevant data and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.

Originally presented: Jul 2016 The Car Crash Seminar

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX

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6. Social Media and Homeowners Insurance: Are Your Facebook Posts Covered? (Nov 2016)

Clayton N. Matheson

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(mp3)
27 mins
(pdf)
16 pgs
(pdf)
13 pgs
Session 6 —27 mins
Social Media and Homeowners Insurance: Are Your Facebook Posts Covered? (Nov 2016)

Litigation stemming from social media activities has exploded in recent years. While the defendants in these cases often look to their homeowners insurance for protection, the typical policy gives insurers multiple ways out.

Originally presented: Nov 2016 Insurance Law Institute

Clayton N. Matheson, Akin Gump Strauss Hauer & Feld LLP - San Antonio, TX

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7. Data Security Breach Litigation (Dec 2017)

Elizabeth C. Rogers, Shawn E. Tuma

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(mp4)
43 mins
(mp3)
43 mins
(pdf)
14 pgs
Session 7 —43 mins
Data Security Breach Litigation (Dec 2017)

Review what a litigator needs in order to prepare a client for litigation or an investigation by regulators after a data security breach. Takeaways include protocol for preserving the attorney client privilege and evidence before, during and after a breach; cybersecurity liability insurance litigation updates; and creating proof points, including a discussion of cybersecurity best practices and "cybersecurity basics," to effectively minimize damages, fines and penalties.  

Originally presented: Nov 2017 Civil Litigation Conference

Elizabeth C. Rogers, Greenberg Traurig, LLP - Austin, TX
Shawn E. Tuma, Scheef & Stone, L.L.P. - Frisco, TX

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8. Law Firm Data Security and the Ethical Duty of Technology Competence (Jun 2018)

Elizabeth C. Rogers

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(mp4)
35 mins
(mp3)
37 mins
(pdf)
21 pgs
Session 8 —35 mins
Law Firm Data Security and the Ethical Duty of Technology Competence (Jun 2018)

As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. 

Originally presented: May 2018 Technology Law Conference

Elizabeth C. Rogers, Michael Best & Friedrich LLP - Austin, TX