Tim Rollins, Exterro: E-Discovery Day 2021: A Look Back

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Extract from Tim Rollins’s article “E-Discovery Day 2021: A Look Back”

With E-Discovery Day 2021 in the past, it feels like a good time to look back at the day and some of the fun we had and what we learned.

Post-Covid E-Discovery Trends

For us at Exterro, the day started off with a conversation with e-discovery experts looking toward 2022 with an eye for discerning emerging trends. The panel consisted of Jenny Hamilton, General Counsel at Exterro; Tom O’Connor, Director of the Gulf Coast Legal Technology Center; Michael Landau, Strategic National Account Manager at Veritas Technologies, LLC; and Robert Keeling, Partner at Sidley Austin.

The group debated the merits of several predictions, such as whether or not there would be an increase in lawsuits over biometric technology (considered quite likely) and whether or not the e-discovery market would continue to consolidate (likely), leading to more solutions for small to mid-sized firms (less likely). For a panel of lawyers, the debate was more collegial than feisty, perhaps sharing in the spirit of cooperation and camaraderie that is such a big part of E-Discovery Day.

10 E-Discovery Tips from Judges

The judges on the panel, Hon. Michelle Childs, Hon. Charmaine Claxton, and Hon. Xavier Rodriguez, continued the theme of cooperation. It was the first of the 10 tips discussed, and the judges unanimously felt that discovery is not the place for attorneys to battle. Cooperation between parties reduces costs and accelerates outcomes.

Other key tips sounded familiar themes as well. Mistakes happen—so it’s always best to acknowledge them and look for solutions. And of course that goes hand-in-hand with the important idea that intent matters. If you are trying to follow the rules, then you’re less likely to run afoul of sanctions or other penalties. Finally, the number one tip of the day is one that rings true to E-Discovery Day’s values as well: Attend seminars and other educational opportunities to ensure that you’re keeping up with the trends in this ever-evolving field!

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