INFORMATION TECHNOLOGY FOR THE NEW
ATTENTION SPAN: "IGNITE" YOUR PRACTICE AND
60 SITES IN 60 MINUTES A SERIES OF RAPID FIRE
SPEAKERS ON LAW AND TECHNOLOGY TOPICS
FOLLOWED BY A PANEL DISCUSSION OF THE BEST
WEBSITES FOR YOUR PRACTICE AND LIFE
Computer & Technology Section Program
Craig Ball
Law Offices of Craig D. Ball, P.C.
Austin, Texas
Ron Chichester
Adjunct Professor of Law
The University of Houston
Michael Curran
Renew Data Corp.
Austin, Texas
Grant Scheiner
Scheiner Law Group, P.C.
Houston, Texas
Mark Unger
The Unger Law Firm, PC
San Antonio, Texas
Friday, June 11, 2010
9:30 a.m. – 11:30 a.m.
EDUCATION
Rice University (B.A., 1979, triple major); University of Texas (J.D., with honors, 1982); Oregon State University (Computer Forensics certification, 2003); EnCase Intermediate Reporting and Analysis Course (Guidance Software 2004); WinHex Forensics Certification Course (X-Ways Software Technology 2005); Certified Data Recovery Specialist (Forensic Strategy Services 2009); numerous other classes on computer forensics and electronic discovery.
SELECTED PROFESSIONAL ACTIVITIES
Law Offices of Craig D. Ball, P.C.; Licensed in Texas since 1982.
Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization Certified Computer Forensic Examiner, Oregon State University and NTI
Certified Computer Examiner (CCE), International Society of Forensic Computer Examiners
Admitted to practice U.S. Court of Appeals, Fifth Circuit; U.S.D.C., Southern, Northern and Western Districts of Texas. Member, Editorial Advisory Board, Law Technology News and Law.com (American Lawyer Media)
Board Member, Georgetown University Law School Advanced E-Discovery Institute and E-Discovery Academy Member, Sedona Conference WG1 on Electronic Document Retention and Production
Member, Educational Advisory Board for LegalTech (largest annual legal technology event) Special Master, Electronic Discovery, numerous federal and state tribunals
Instructor in Computer Forensics and Electronic Discovery, United States Department of Justice Lecturer/Author on Electronic Discovery for Federal Judicial Center
Instructor, Cybercrime Summit, 2006, 2007; SANS Instructor 2009 Editor, EDDUpdate blog
Special Prosecutor, Texas Commission for Lawyer Discipline, 1995-96
Council Member, Computer and Technology Section of the State Bar of Texas, 2003- Chairman: Technology Advisory Committee, State Bar of Texas, 2000-02
President, Houston Trial Lawyers Association (2000-01); President, Houston Trial Lawyers Foundation (2001-02) Director, Texas Trial Lawyers Association (1995-2003); Chairman, Technology Task Force (1995-97)
Member, High Technology Crime Investigation Association and International Information Systems Forensics Assn. Member, Texas State Bar College
Member, Continuing Legal Education Comm., 2000-04, Civil Pattern Jury Charge Comm., 1983-94,State Bar of Texas Life Fellow, Texas and Houston Bar Foundations
Adjunct Professor, South Texas College of Law, 1983-88
CRAIG BALL
Trial Lawyer & Special Master Computer Forensic Examiner Author and Educator
3723 Lost Creek Blvd. Austin, Texas 78735 E-mail: [email protected] Web: craigball.com Lab: 512-514-0182 Mobile: 713-320-6066 Fax: 512-532-6511 Craig Ball is a Board Certified trial lawyer, certified computer forensic examiner and electronic evidence expert He's dedicated his career to teaching the bench and bar about forensic technology and trial tactics. After decades trying lawsuits, Craig limits his practice to service as a court-appointed special master and consultant in computer forensics and e-discovery. A prolific contributor to educational programs worldwide--having delivered over 600 presentations and papers--Craig’s articles on forensic technology and electronic discovery frequently appear in the national media. He writes a monthly column on computer forensics and e-discovery for Law Technology News and Law.com called "Ball in your Court," recognized as the 2007 and 2008 Gold Medal honoree as “Best Regular Column” as awarded by Trade Association Business Publications International, the 2009 Gold and 2007 Silver Medalist honoree of the American Society of Business Publication Editors as “Best Contributed Column” and the 2006 Silver Medalist honoree as “Best Feature Series” and “Best Contributed Column." Craig Ball has served as the Special Master or testifying expert on computer forensics and electronic discovery in some of the most challenging and best-known cases in the U.S. Named as one of the Best Lawyers in America and a Texas Superlawyer, Craig is a recipient of the Presidents' Award, the State Bar of Texas’ most esteemed recognition of service to the profession and of the Bar’s Lifetime Achievement Award in Law and Technology.
Ron Chichester
Ron Chichester is a lawyer and law professor, specializing in electronic discovery, intellectual
property, and every aspect of law that deals with computers and networks. He received his
bachelors of science in aerospace engineering in 1982 and his M.S. in aerospace engineering in
1984 from the University of Michigan. During most of the 1980's Ron was an aerospace
engineer with McDonnell Douglas and General Dynamics where he specialized as a propulsion
engineer on tactical fighters and other military aircraft.
Ron left the aerospace industry in 1988 and received is J.D. in 1991 from the University of
Houston. Ron is a certified computer forensic examiner, and is licensed to practice before all
courts in the State of Texas, the Federal District Courts for the Southern District of Texas, the
Federal District Courts of Nebraska, the Court of Appeals for the Federal Circuit, and the U.S.
Patent and Trademark Office. Ron is the immediate past chair of the Computer & Technology
Section, and is also the Vice-Chair of the E-Commerce Committed within the Business Law
Section. Ron recently represented the Texas Business Law Foundation and lobbied for passage
of S.B. 28, the first anti-botnet statute in the U.S. Finally, Ron is starting his tenth year as an
Adjunct Professor of Law at the University of Houston, where he teaches a course on Internet
law.
MICHAEL CURRAN
Michael Curran serves as the Assistant General Counsel at Renew Data Corp. in Austin, Texas. Prior to his work as in-house counsel, Michael Client served as the Director of Legal Solutions and the Client Services Manager for the RenewData eDiscovery team. In both these roles, Michael supervised the project management team supporting eDiscovery projects and regulatory compliance projects. Mr. Curran previously served as a Project Manager for Renew Data Corp.
Mr. Curran has worked with several top rated Texas law firms on their e-Discovery and litigation support needs. He has an extensive background in litigation and discovery matters. He worked seven years in private practice supporting mid-sized firms with high volume litigation and discovery needs. In addition to his experience as an attorney, Mr. Curran has also held marketing and business development roles in the technology industry. Mr. Curran holds both a Bachelor’s and a Master’s degree in Business Administration from the University of Texas at Austin and is a graduate of the South Texas College of Law.
Grant!M.!Scheiner!–!Biography!
!
Grant!Scheiner
!is!Chair"Elect!of!the!
Computer!&!Technology!Section!of!the!State!Bar!of!
Texas
.! ! He! is! the! principal! of!
Scheiner! Law! Group,! P.C.
,! a! criminal! defense! firm! in! Houston.!
Scheiner! is! Board! Certified! in! Criminal! Law! by! the! Texas! Board! of! Legal! Specialization.! !
The!
American!Trial!Lawyers!Association
!lists!Scheiner!as!one!of!the!“Top!100!Trial!Lawyers!in!Texas.”!
In!2009,!he!was!named!a!“Texas!Super!Lawyer”!in!the!categories!of!DWI!Defense,!Criminal!Law!
and! Federal! White! Collar! Defense.! Scheiner! is! a! frequent! author! and! lecturer! on! criminal! law!
and!technology!topics.!
F R I D A Y , M A R C H 5 , 2 0 1 0 MARK I. UNGER, Esq. The Unger Law Firm, pc 10010 San Pedro, Ste. 660 San Antonio, Texas 78216 Tel: 210.366.9676 Fax: 210.366.0412 Em: [email protected] Url: www.unger-law.com BIOGRAPHICAL INFORMATION Education
St. Mary’s University School of Law, San Antonio, Texas, JD 1995 Universitat Innsbruck, Innsbruck, Austria, summer 1993
University of Texas, Austin, Texas, BA 1991
Austin Dispute Resolution Center, Austin, Texas, General and Family Law, 2009 (Credentialed as Mediator under Texas Civil Practice and Remedies Code, section 154.052)
Honors/Activities
* San Antonio's Best Lawyers 2007, 2009 (Family Law)
Scene In SA Monthly, attorney/peer ranking
* State Bar of Texas Directors' Pro Bono Resolution award, State Bar of Texas
January, 2010
* Texas eFiling Pioneer Award, TexasOnline-BearingPoint;
Mark I. Unger is a Family Law Attorney and Mediator, with a high focus on the interactive nature of communication with Clients, Attorneys and the Courts via technology. His practice's virtual component includes electronic filing and billing, client extranets and client video conferencing. CLIENT ACCOUNT SIGNIN
B L O G A R C H I V E
! 2010 (1) ! March (1)
MARK I. UNGER, Esq. The Unger Law Firm, pc 10010 S...
A B O U T M E
MARK I. UNGER
Mark I. Unger is a divorce lawyer and mediator in San Antonio and Austin, Texas. He has been practicing family law Share Report Abuse Next Blog»
September, 2005
* First-filed Electronic Filing in Bexar County State District Courts; San Antonio Express News, June 11, 2003
* President’s Award, San Antonio Bar Association;
2002
*First-filed CD-ROM appellate brief in State of Texas;
Texas Lawyer, March 30, 1998
Bar Activities
State Bar of Texas
• Computer & Technology section
• Family Law section
Computer Council of the State Bar of Texas
• Chair, 2007-2008
• Chair-Elect/Acting Chair, 2006-2007 • Treasurer, 2005-06
• Secretary, 2004-05 • Member, 2001-present
• Chair, Subcommittee on E-Filing; State Bar Liaison
Judicial Committee on Information Technology (JCIT), 2007-present
State Bar Web Services Committee, 2007-present • Vice-Chair, 2008-09; 2009-10
Texas Family Law Foundation, 2007-present
College of the State Bar of Texas, 1998-present
Pro Bono College of the State Bar of Texas San Antonio Bar Association
• Chair, Technology Committee, 2000-present
• Family Law Section, Board of Directors, 2008-09; 2009-10
• Community Justice Program (CJP) Mentor, 2004-present • Member, Lawyer2Lawyer/Mentor committee, 2000-2001
State of Texas E-Filing project advisor, Bexar County, 2001-2003
American Bar Association, 1999-2004
Federal Bar Association, 1998-2000
Texas Young Lawyer’s Association (Member, Technology Committee) (1998-2000)
San Antonio Young Lawyers Association (Contributing Editor, Docket Call; Technology Committee; various volunteer
committees/projects)(1997-2003) Publications/Presentations
* State Bar of Texas, Law Practice Management section; Perfecting Your Practice: Law Practice Management Essentials and Cutting Edge Technology For Your Law Practice; Tooting Your Own Horn: Search
has been practicing family law almost exclusively since 1996. He has been highly involved with technology and the integration of technology and law since
approximately 1998. He has spoken, written and participated in
numerous technology law and family law seminars, having been on the board of the State Bar of Texas Computer & Technology Council since 2001 and the San Antonio Bar Association's Technology committee since 1999. He sits on the 2009-2010 Family Law Section Board (San Antonio), the Judicial Committee on Information Technology, Computer Council of the State Bar of Texas, and the Web Services Committee of the State Bar of Texas. Mark focuses his practice in Family Law and Technology, including but not limited to Divorce, Property
Division, Custody, Enforcement and Modification of child support, possession and access or visitation, Relocation, Grandparent Rights, Multi-State Jurisdictional litigation in Family Law, and all other areas of Family Law.
Engine Optimization and Other Ethical Forms of Web Presence; and Protecting Your Privates: Data Security, Live CLE, Houston, Texas November 5-6, 2009; Planning Committee and Speaker
* Extreme Family Law VII: Going Through The Big “D” And We Don't Mean Dallas;“Using The Wisdom of Solomon: Creative Mediation Techniques” CLE, San Antonio, Texas
February 27, 2009; Paper and Powerpoint
* Practicing Safely: Protecting Client Confidences from Technology Traps
State Bar of Texas, Law Practice Management section; Perfecting Your Practice Live CLE, Houston, Texas February 6, 2009; Planning Committee and Speaker
* TechLawSA: Pragmatic Use of Technology in Litigation State Bar of Texas
State Bar of Texas, Computer & Technology Section; San Antonio Bar Association; St. Mary's Law School, Live CLE, San Antonio, Texas July 25, 2008; Co-Course Creator and Director
* State Bar of Texas - Compliant Websites: Nailing It: The Tools You Need for Today's Practice;
State Bar of Texas, Law Practice Management, Live CLE, Dallas, Texas
May 15, 2008; moderator, panel presentation
* The Essentials for Solo and Small Law Firm Practices: A State Bar Compliant Website
Austin Bar Association/State Bar of Texas, Live CLE, Austin, Texas October 19, 2007; moderator, panel presentation
* Establishing a Quick and Easy State Bar Compliant Website State Bar of Texas, Live AV Podcast, Austin, Texas
(TexasBarCLE.com)
July 25, 2007; moderator, panel presentation * Getting You In and Keeping Them Out:
The Sub-Portal for Local Bars and Computer Security for the Law Office
State Bar of Texas, Bar Leaders Conference July 22, 2006; paper/presentation
* Information Security In The Law Office
San Antonio Bar Association, Family Law Section , Monthly CLE Luncheon,
June 20, 2006; paper/presentation
* Beyond E-mail: Using The Internet For Your Law Practice
San Antonio Bar Association, Family Law Section; Extreme Family Law Makeover! San Antonio, Texas; March 4, 2005; paper/presentation
* Electronic Filing
State Bar of Texas, BarTech ‘04: Technology Strategies to Stay Competitive in
the Practice of Law, Dallas, Texas; August 27, 2004; presentation
* E-Filing: Ready Or Not, It’s Coming (Or Is Already Here) State Bar of Texas, Advanced Family Law Course, San Antonio, Texas;
August 10, 2004; presentation
* E-Filing: Ready Or Not, It’s Coming (Or Is Already Here) State Bar of Texas Advanced Personal Injury Law Course, San Antonio, Texas;
August 6, 2004; presentation
* Oh what a tangled web we weave…Internet Research Sites for ‘practise’
in the new millennium; MABA General Practice Seminar, Las Vegas, Nevada
July 23-24, 2004; paper
* E-Filing: Ready Or Not, It’s Coming (Or Is Already Here) State Bar of Texas Advanced Personal Injury Law Course, Dallas, Texas;
July 16, 2004; presentation
* Clean Sweep: Winning Your Case At The Temporary Orders Hearing Extreme Divorce Practice Makeover; Family Law Section, San
Antonio Bar
Association, June 25, 2004; paper
* Temporary To Final: Basic Family Law After The 2003 Legislature
Anatomy Of A Civil Trial VII; San Antonio Bar Association; May 24, 2004; paper
* Internet Research For Attorneys
MABA General Practice Seminar, Las Vegas, Nevada July 10-12, 2003; paper
* Trying A Custody Case On A Budget
San Antonio Bar Association, Family Law Section Seminar June 20, 2003; paper
* Trying A Temporary Orders Hearing Efficiently
Anatomy Of A Civil Trial VII; San Antonio Bar Association; May 16, 2003; paper
* Electronic Filing For Attorneys
San Antonio Bar Association, Real Estate Section/discussion group presentation;
November 14, 2002; paper/presentation
* Beginning The Family: Infancy Issues In Matrimonial Law
2002 SAYLA Courthouse Tour Seminar; San Antonio Young Lawyers Association;
October 10, 2002; paper
* Internet Research For Attorneys: New Tools For Information Gathering
Hays County Bar Association
* Family Law For The Non-Family Lawyer and Pending Legislative Changes
Anatomy Of A Civil Trial VI; San Antonio Bar Association; March 9, 2001; paper
* Family Law For The Non-Family Lawyer 2000 SAYLA Courthouse Tour Seminar; San Antonio Young Lawyers Association October 10, 2000; paper
* Family Law: Initial Guide For The General Practitioner 1999 SAYLA Courthouse Tour Seminar;
San Antonio Young Lawyers Association October 7, 1999; paper
* Family Law-- The Short And The Long Of It: When Temporary May Mean Final Anatomy
Of A Civil Trial V; San Antonio Bar Association; September 17, 1999; paper
Community
American Diabetes Association, Board of Directors, San Antonio
1999-2000
San Antonio Museum Of Art, Young Patrons Board 1999-2000 Alamo Philanthropic Alliance, host of the annual Charity Country Wine Auction;
Charter member and corporate co-chair 1998-2000
San Antonio Lighthouse for the Blind, Young Leadership Council
1996-1997
Personal Cycling Golf
Freelance Writer-- restaurant reviews, articles, editorial comments, poetry; published-- San Antonio Express News, San Antonio Poetry Fair Anthologies, Austin International Poetry Festival Anthology, SA Poet Magazine, San Diego Arts/Poets Magazine, San Antonio Current, San Antonio Young Lawyers Association Docket Call, and San
Antonio Lawyer Magazine. POSTED BY MARK I. UNGER
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FAMILY FIRST / FAMILY LAW
BEST LAWYERS, SCENE IN SA MAGAZINE ANNUAL POLL, 2007, 2009
I N T E R N E T L I N K S F O R A T T O R N E Y S
PROJECT MANAGEMENT TIPS
FOR BETTER E-DISCOVERY
[IGNITE PRESENTATION]
MICHAEL CURRAN
Assistant General Counsel, Renew Data Corp.
Austin, Texas
PROJECT MANAGEMENT TIPS
FOR BETTER E-DISCOVERY
[IGNITE PRESENTATION]
Presentation Outline
Slide 1.
Introduction
Slide 2.
What is eDiscovery? - EDRM Model
Slide 3.
Litigation Life Cycle v. EDRM
Slide 4.
What is Project Management?
Slide 5.
Project Management Phases
Slide 6.
Initiation Phase - Time - Start Early
Slide 7.
Planning Phase - Budget - Data Sizes
Slide 8.
Executing Phase
Slide 9.
Monitoring and Controlling Phase
Slide 10. Closing Phase
Slide 11. Communications
Slide 12. Cost – Time – Quality Triangle
Slide 13. Project Risks
Slide 14. Sanctions
Slide 15. Risk Mitigation
Slide 16. Sampling
Slide 17. Status Reports
Slide 18. The Big Expense of Discovery
Slide 19. Phases of Document Review
Slide 20. Conclusion – 3 Models to Know
1
PROJECT MANAGEMENT TIPS FOR
BETTER E-DISCOVERY
[State Bar of Texas Ignite Presentation]
Michael Curran
Michael Curran
June 11, 2010
2
Introduction
Anyone can manage an e-Discovery project
To beat the opposition:
– Read
– Ask Questions
– Practice
– Routine
3
What is eDiscovery – See EDRM
4
Litigation Life Cycle v. EDRM
Pre-Litigation
Pleadings Discovery Trial Post
Trial
Litigation Life Cycle
Litigation Trial
5
What is Project Management?
Planning organizing and managing
• Planning, organizing and managing
resources to achieve success
• Professional and ethical
• Proactive
6
Project Phases
6
7
Initiation Phase
G t St t d E l
• Get Started Early
8
Planning Phase
• Budget
• Timelines
• Meet & Confer
8
Timelines
9
Executing Phase
• Processing to complete work
• Coordinate, integrate, deliver
9
Coordinate, integrate, deliver
10
Monitoring and Controlling Phase
• Quality matters
• Checklist
10
• Inspect
11
Closing Phase
• Tie up loose ends
• Contract closure
11
• Data retention
12
Project Communications
• Create communications plan
• Key area for success
13
Cost – Time – Quality Triangle
14
E-Discovery Project Risks
• Poor communications
Poor communications
• Tight deadlines
• Last minute changes
• Privileged data
• Foreign languages
• New technologies
15
Sanctions
L t
f
l
• Lots of case law
• Negligence or bad
faith
• Prejudice
16
Risk Mitigation
• Plan ahead
• Plan ahead
– Know your client
• Train employees or qualify
vendors
– Know your abilities
• Test output
17
Sampling
• Inspect what you expect.
• You are responsible.
• Plan for updates.
18
Status Reports
• Daily or weekly communications
• Daily or weekly communications
• Costs to date
• On schedule or not
• Key activities completed
• Key activities coming up
• Documents reviewed and remaining
19
The Big Expense in Discovery
• Document
Review
• Attorneys and
Processing
20
Phases of Document Review
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Conclusion – 3 Models to Know
Pre-Litigation
Pleadings Discovery Trial Post
Trial
