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By Adam Ira, Frost Brown Todd LLP
In case you missed the Instagram Reels promo video, IndyBar’s E-Discovery, Information Governance, and Cybersecurity Section hosted its annual E-Discovery Day CLE on Nov. 16. The day began with a judicial panel featuring Hon. Judge John Chavis of the Marion Superior Court and Peter Elliott, lawyer law clerk of the Marion Commercial Court.
The panel shared their insights into the growing use of e-discovery in Indiana state courts, how to navigate pitfalls associated with the e-discovery process and a lawyer’s ethical duties with regard to evidence preservation and discovery. The judicial panel is a fan favorite every year, and the audience particularly enjoyed the opportunities to ask the panel their most burning questions!
Next up was the annual Case Law Update presented by Rob Simmons of Dinsmore & Shohl LLP. The presentation covered the latest caselaw on discovery sanctions, generative AI and evidence preservation. Of particular interest was the development of caselaw around whether employers are responsible for collecting information on employees’ personal devices. This isn’t legal advice, but I’d strongly suggest you consult the caselaw before concluding that your client has no obligation to produce information on employees’ personal devices.
The third presentation was a panel of Relativity professionals that explained the ability to collect, produce and make sense of short messages (Slack, TEAMS, etc.) in discovery. This presentation was a great primer for how to collect and produce this information through Relativity’s new Short Message Format software. These short message platforms are becoming increasingly more prevalent, and you’d better know how to collect and produce information from them before you get that 26(F) letter!
Lastly, Andreas Mueller of Downstreem presented on how to collect forensic data from cellphones, wearables and other devices. In virtually every case, there is an untold wealth of information sitting on cellphones waiting to be discovered. Would you simply accept some screenshots of text messages in response to your discovery requests? Mueller explained many reasons why you should not.
In all, it was a very informative day for everyone, from the seasoned e-discovery professional to newer lawyers unfamiliar with the complexities of e-discovery.
Near the conclusion of the day, IndyBar presented its inaugural Michael C. Daniells E-Discovery Professional of the Year Award to Douglas Swetnam, Section Chief of the Indiana Office of the Attorney General’s Data Privacy & Identity Theft Unit. This award, which is given every year to a professional in the realm of e-discovery, information governance or cybersecurity, was named in memoriam of Michael’s passing in 2022. Doug, a mentor of Michael’s, was honored for his many accomplishments in defending Hoosiers’ right to privacy, having a lasting effect on how Hoosiers’ location data is used and disclosed. Michael was a dedicated IndyBar member, serving on both the E-Discovery, Information Governance, and Cybersecurity Section board and the IndyBar Foundation board. It is our sincere hope that Michael’s contributions to our profession will live on through this award.
The day concluded with raffle prize draws and a networking reception at IndyBar HQ. We had a great turnout with great speakers, and many great sponsors came to showcase their products and services. None of this would have been possible without the generosity of our sponsors and the hard work of IndyBar staff members Kamryn Reed and Bryssa Helton in helping organize and market the event. And lastly, a special thank you to our IndyBar E-Discovery, Information Governance, and Cybersecurity Section Executive Committee for putting in some serious work to get this successful event across the finish line while your fearless leader (me) faked it until he made it. It takes a village to raise a chair!
Keep your eyes peeled for the exciting events we are lining up for 2024 under the leadership of Ray Biederman!•
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