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No Surprises at LTNY '11, But High Expectations For the Year

By Ari Kaplan
February 24, 2011

Legal Tech New York 2011 was remarkable for its refreshing return to confidence. Attendees seemed to focus their enthusiasm on rekindling relationships and talking technology in more hopeful tones, with a joint mission of improving the industry. That said: “It is a surprise that there are no surprises,” noted Joseph C. Scott, J.D., Vice President and General Manager for CompuLaw LLC. After years of dramatic product launches (e.g., the fantastic WestlawNext experience show in 2010), and quirky giveaways, there was a certain austerity in the approach this year. In lieu of distributing odd gadgets and toys, vendor representatives engaged in dynamic conversations with visitors and displayed their passion for their products.

With ebbing concern over the market and the overall economy, a few traditional themes emerged that have the potential to define what many hope will be a great year. “There is now a restrained optimism for 2011,” observed John Cogan, the Senior Vice President of Operations for Fios, Inc.

Consolidation

An active point of discussion at this year's event was consol- idation in the industry. When commerce in particular sectors like legal technology and electronic discovery mature, there is inevitable speculation about future growth. Although Legal Tech 2011 did not generate a flurry of M&A activity, it did yield a substantial number of partnership announcements from a variety of companies, including TechLaw Solutions, kCura and RenewData. There was also extensive commentary about the rise of cloud computing and its potential to fuel the recovery.

“Partnerships come before the consolidation wave,” noted Chris Wilen, Technology Counsel for Fios, Inc. In fact, partnerships tend to serve as a prelude to greater progress, and highlight one of the most effective ways that individuals and organizations universally have been able to stand out in a stagnant economy.

Standards and Certifications

Another way is to secure a certification to distinguish yourself, or to certify that your work product meets universal standards. As a result, there were many discussions on that topic. At the Organization of Legal Professionals (OLP) “Meet 'N Greet” breakfast on Day 2 of the conference, sponsored by Digital WarRoom e-discovery platform maker GGO LLC, attendees discussed the OLP's new curriculum to help create a population of trusted advisers that understand both the tools available and the standard processes in which to use them.

In fact, this is a core issue for both individuals and organizations. “It is more about the enterprise standardizing the approach,” said Dean Gonsowski, Vice President of E-discovery Services for Clearwell Systems. “As e-discovery develops into a core business in an enterprise, that activity must be streamlined,” he added.

With the rise of automated review and other advancements in technology, the issue of standards is certain to remain a source of discussion, given its complexity. “We don't have defined standards for technology or processes from the judiciary or the Federal Rules, just a requirement of reasonableness,” said Jack Halprin, Esq., Vice President of E-discovery and Compliance for Autonomy, Inc. “Reasonableness cannot be defined with a single standard as that will change with time, technology, and the approach you take,” he added.

It might be easier to unify the vocabulary first. For years, organizations have been defining terms like “early case assessment,” “litigation readiness,” “conceptual search,” “analytics,” and most recently, “predictive coding” in many different ways. This year may feature more unanimous explanations of these terms so that law firm and corporate counsel buyers can properly compare what is available in the market.

The Continuing Rise of Integration

The emergence of standards and consolidation in the broader legal technology community is in some ways mirroring the rising integration between the different divisions at law firms and in-house legal departments. “This is no longer a stand alone market,” noted J. David Morris, Director of E-discovery Initiatives for EMC's SourceOne eDiscovery. “e-Discovery is just one tip of the spear for information management and governance.”

With many companies reporting that they processed record amounts of data in 2010 and are already fielding queries for a variety of new opportunities from existing clients in 2011, volume and loyalty are at the center of this year's opportunities. Let's hope that the refreshing return of optimism remains.


Ari Kaplan is a member of this newsletter's Board of Editors and the author of The Opportunity Maker: Strategies for Inspiring Your Legal Career Through Creative Networking and Business Development (Thomson-West, 2008). Kaplan writes about the legal industry and FTI Technology released his second annual research report, Advice from Counsel: Evolving Strategies for Increasing the Efficiency and Efficacy of E-Discovery Programs, in February. For more information, please visit AriKaplanAdvisors.com.

Legal Tech New York 2011 was remarkable for its refreshing return to confidence. Attendees seemed to focus their enthusiasm on rekindling relationships and talking technology in more hopeful tones, with a joint mission of improving the industry. That said: “It is a surprise that there are no surprises,” noted Joseph C. Scott, J.D., Vice President and General Manager for CompuLaw LLC. After years of dramatic product launches (e.g., the fantastic WestlawNext experience show in 2010), and quirky giveaways, there was a certain austerity in the approach this year. In lieu of distributing odd gadgets and toys, vendor representatives engaged in dynamic conversations with visitors and displayed their passion for their products.

With ebbing concern over the market and the overall economy, a few traditional themes emerged that have the potential to define what many hope will be a great year. “There is now a restrained optimism for 2011,” observed John Cogan, the Senior Vice President of Operations for Fios, Inc.

Consolidation

An active point of discussion at this year's event was consol- idation in the industry. When commerce in particular sectors like legal technology and electronic discovery mature, there is inevitable speculation about future growth. Although Legal Tech 2011 did not generate a flurry of M&A activity, it did yield a substantial number of partnership announcements from a variety of companies, including TechLaw Solutions, kCura and RenewData. There was also extensive commentary about the rise of cloud computing and its potential to fuel the recovery.

“Partnerships come before the consolidation wave,” noted Chris Wilen, Technology Counsel for Fios, Inc. In fact, partnerships tend to serve as a prelude to greater progress, and highlight one of the most effective ways that individuals and organizations universally have been able to stand out in a stagnant economy.

Standards and Certifications

Another way is to secure a certification to distinguish yourself, or to certify that your work product meets universal standards. As a result, there were many discussions on that topic. At the Organization of Legal Professionals (OLP) “Meet 'N Greet” breakfast on Day 2 of the conference, sponsored by Digital WarRoom e-discovery platform maker GGO LLC, attendees discussed the OLP's new curriculum to help create a population of trusted advisers that understand both the tools available and the standard processes in which to use them.

In fact, this is a core issue for both individuals and organizations. “It is more about the enterprise standardizing the approach,” said Dean Gonsowski, Vice President of E-discovery Services for Clearwell Systems. “As e-discovery develops into a core business in an enterprise, that activity must be streamlined,” he added.

With the rise of automated review and other advancements in technology, the issue of standards is certain to remain a source of discussion, given its complexity. “We don't have defined standards for technology or processes from the judiciary or the Federal Rules, just a requirement of reasonableness,” said Jack Halprin, Esq., Vice President of E-discovery and Compliance for Autonomy, Inc. “Reasonableness cannot be defined with a single standard as that will change with time, technology, and the approach you take,” he added.

It might be easier to unify the vocabulary first. For years, organizations have been defining terms like “early case assessment,” “litigation readiness,” “conceptual search,” “analytics,” and most recently, “predictive coding” in many different ways. This year may feature more unanimous explanations of these terms so that law firm and corporate counsel buyers can properly compare what is available in the market.

The Continuing Rise of Integration

The emergence of standards and consolidation in the broader legal technology community is in some ways mirroring the rising integration between the different divisions at law firms and in-house legal departments. “This is no longer a stand alone market,” noted J. David Morris, Director of E-discovery Initiatives for EMC's SourceOne eDiscovery. “e-Discovery is just one tip of the spear for information management and governance.”

With many companies reporting that they processed record amounts of data in 2010 and are already fielding queries for a variety of new opportunities from existing clients in 2011, volume and loyalty are at the center of this year's opportunities. Let's hope that the refreshing return of optimism remains.


Ari Kaplan is a member of this newsletter's Board of Editors and the author of The Opportunity Maker: Strategies for Inspiring Your Legal Career Through Creative Networking and Business Development (Thomson-West, 2008). Kaplan writes about the legal industry and FTI Technology released his second annual research report, Advice from Counsel: Evolving Strategies for Increasing the Efficiency and Efficacy of E-Discovery Programs, in February. For more information, please visit AriKaplanAdvisors.com.
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