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E-discovery and Beyond: Facing Change in the Age of AI
The volume of electronic information that has been creating risks in e-discovery for more than a decade is ripe for renewed attention in the era of artificial intelligence (AI) and advanced analytics. Just as advanced tools now play a role in mining data for use in business pursuits, they can also be used to mitigate what in the past has plagued those charged with meeting litigation and investigation e-discovery needs.
Artificial and augmented intelligence — embodied in tools that ostensibly make judgements previously made by humans — offer analytical capabilities that can help differentiate data and speed identification of responsive and key information — at least in theory. In this roundtable discussion these experts share their experience and insight on the evolving acceptance and use of AI and advanced analytics tools for e-discovery — and beyond:
- Brandon Graves, Counsel, Davis Wright Tremaine (BG). Brandon Graves focuses his practice on cybersecurity, internal investigations, and litigation related to complex administrative, civil, and criminal matters. He advises on internal investigations, crisis management, and government investigations, as well as litigation-related matters before courts and administrative bodies. His clients include defense contractors, multinational energy companies, and leading providers in the banking and payments industry.
- Kara Ricupero, Global Information Governance, eBay (KR). In her current role, Kara is responsible for development and management of eBay's Information Governance program and accompanying policies. Kara and her team also establish and manage eBay's e-discovery strategy in litigation and government investigations. Kara regularly counsels the business on legal requirements and best practices for new technology implementations, as well as cybersecurity risks.
- Kimberly Quan, Lead, e-discovery & Information Governance, Juniper Networks (KQ). Kimberly Quan has over 20 years' of experience in the legal-technology realm and leads e-discovery and Information Governance (IG), concentrating on operational efficiency and maturity. She is a key member of the Juniper IT Security Team that focuses on Forensics, e-discovery, Data Loss Prevention, and IG.
- Sheila Mackay, Managing Director, e-discovery Services – H5 (SM). Sheila Mackay has more than 25 years of experience in the legal services industry including product development, professional services, operations, analytics, consulting, management and business development. As Managing Director of e-discovery for H5, Sheila leverages these skills working with H5's client services, infrastructure and technical services teams.
The Discussion
Q1. Given the rapid pace of technological change, there is a growing sense that professionals in the legal realm — wed to precedent and often change-resistant — should jump on the technology bandwagon in order to better serve their clients. What changes, if any, are you seeing in your daily practice?
KR: I believe it is essential that legal professionals jump on the "technology bandwagon," not only to better serve their clients, but to ensure compliance with emerging requirements of the rules of professional conduct in many jurisdictions. In 2015, the ABA added this as an express requirement for attorneys within its Model Rules of Professional Conduct and increasingly, individual jurisdictions are mandating that lawyers be competent in technology (or associate with someone who is) as part of their ethical obligations.
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