Chair of the Project Trustees:
David R. Cohen
Partner, Reed Smith, LLP
David is a Partner at Reed Smith, LLP and Chair of the Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. David serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues.
David has been involved in setting up the E-Discovery Special Masters (EDSM) program in the U.S. District Court for the Western District of Pennsylvania, and he has been appointed to serve as an EDSM in three separate cases by three different Federal judges. He also served on the Pennsylvania E-Discovery Rules Subcommittee, chaired by Allegheny County, PA Common Pleas Judge Stanton Wettick.
In addition, David has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology, and litigation tactics.
EDRM provides a forum for leaders in the e-discovery space to propose and initiate projects. The following projects have Project Trustees (leaders) and are in various stages of completion.
Active participation by team participants contribute to the body of community created work product hosted on the EDRM.NET website. The work product is held as Creative Commons share and share alike (unless otherwise marked by a participant).
To contribute to or participate in a project, send an email with your contact information and the name of the project to Info@EDRM.NET.
As more and more consumers around the globe are demanding from companies that their personally identifiable information be protected or deleted, it is imperative that this data can be reliably and easily identified and redacted when producing documents in litigation matters when such data is present. In addition to the GDPR and CCPA laws that are currently in place, there are at least 20 additional states that are considering similar legislation.
Whether for e-discovery, data security, or information governance purposes, organizations have been conducting data mapping exercises for many years. This work has resulted in increased visibility and transparency into where data exists within the organization and what that data includes. This will greatly aid companies as they strive to become compliant with the various data privacy regulations.
This project will be designed to identify the “best practices” for the identification of PII in data sets which are collected for litigation matters, as well as developing workflows to ensure that documents which are produced have been redacted of the required sensitive data.
Project is championed by Caroline Sweeney, Director, Knowledge Management and Innovation at Dorsey & Whitney LLP and Bernie Hillengas, Esq., adjunct professor at the University, Albany School of Business.
This new project is being championed by Beth Patterson, Director, ESPconnect.
Project Champion: Beth Patterson, Director, ESPconnect.
There are several state and federal courts around the country that have implemented a discovery facilitative mediation program over the last 5 or 6 years. This project would involve identifying all such programs and determining how successful they have been. By comparing and evaluating such programs, hopefully we will learn that there are certain factors/components that distinguish a highly successful program from a less successful program. This project might also attempt to address some additional issues such as: (1) are these programs successful in helping the parties develop discovery plans early in the case; (2) are these programs successful in helping courts resolve discovery disputes/motions; (3) what training/qualifications should a discovery mediator possess; (4) how best to motivate courts and attorneys to use discovery mediation (e.g. first two hours at no cost); and/or (5) are there any best practices that discovery mediators should follow?
Jay Yelton, III, Partner
Warner Norcross + Judd LLP
The State Rules Project, with Suzanne Clark and Janice Yates as Project Trustees, seeks to gather, organize and publish a cross reference of State eDiscovery Rules with the US Federal Rules of Civil Procedure.
The following states are covered by these EDRM leaders, and the project team welcomes those from other states to participate:
|Suzanne Clark||eDiscovery CoCounsel, pllc||Florida|
|Janice Yates||Prism Litigation||Michigan|
|Tammy Dahl||Mesch Clark Rothschild||Arizona|
|Darcy Deibele||Lane Powell||Washington, Oregon, Alaska|
|Ryan Duplechin||Beasley Allen||Alabama, Nevada, Wisconsin|
|John Hopkins||Searcy Denney Scarola Barnhart & Shipley||Florida|
|Cynthia Johnson||Hogan Lovells||New York|
|Alex Khoury||Balch & Bingham LLP||Georgia, Mississippi, Alabama|
|Mark Lyon||Williams & Connolly||D.C., Mississippi|
|Kristen Perkins||Pullman & Comley||Connecticut|
|Stephanie Zaleskin||Office of General Counsel, University of North Texas System||Texas|
The goal of the project, now elevated to an initiative, is to create a new, generic dataset that includes as many of the modern data types (Slack, Snapchat, Facebook, website data, etc.) as possible in addition to traditional email for use within eDiscovery and Information Governance. The new data sets will be made available to the general public for use in research, testing, demonstrations, software development and other related use cases.
We welcome and look forward to the community’s help in data type identification and gathering sources of data we can use in this project. Please contact us at firstname.lastname@example.org with Data Sets in the subject line to get connected. The project champion is Cash Butler, CEO and founder of ClariLegal.
This project is designed to document community standards around data mapping in response to the Senior Executive Accountability Regime (SEAR) in Ireland. The project is championed by A&L Goodbody’s Rachel McAdams, Legal Technology and eDiscovery Senior Manager and Eoghan Kenney, Data Projects Manager. Last year, the EDRM Data Mapping project conducted a survey to learn more about the EDRM community’s experiences and needs with regards to data mapping. Data mapping can be a wide-ranging subject, with stakeholders from IT to Records, Legal and many other departments within an organization. The goal of the survey was to establish how often our community engages with data mapping, and where the gaps in available resources might be. Survey results are posted here.
This project was launched to update the processing stage of the EDRM. Organized in concert with the Merlin Foundation, this EDRM project will build processing specifications such as de-NISTing, de-duping and other functions. Project Trustees include John Tredennick, CEO of Merlin Digital Magic and Jeffrey Wolff, Director, Legal Technology Solutions for ZyLAB.
This project was created to help improve and promote equal access to justice and is now an EDRM initiative. EDRM’s Pro Bono Initiative participants will create a workflow for matching organizations and individuals in need of e-discovery capabilities for pro bono matters, with organizations and individuals wanting to make such capabilities available. The Initiative is actively seeking a new Trustee and contributors.
Recognizing that the EDRM model has not had a refresh in some time, the project focuses on updating the underlying documentation of the EDRM model to reflect changes in technology, process, and the law. Project Trustee is Tara Emory, Director of Consulting at Driven.
The project team is working toward developing a code of conduct for cross-border discovery under the EU General Data Protection Regulation. EDRM formed the team in August 2017 to examine GDPR and develop guidance for becoming GDPR compliant, particularly with an eye toward the regulation’s impact on cross-border discovery. Initially focused on data transfers from Ireland to the U.S., the guidance is aimed at mitigating some of the risk that international litigation teams and e-discovery practitioners face when balancing U.S. discovery obligations against European data privacy laws. Project Trustees are Dave Cohen, Partner at Reed Smith and Yelizaveta Kotova, Reed Smith.
The Information Governance Reference Model was initially created to frame the discussion of information management, in the same way the Electronic Discovery Reference Model functions for e-discovery. The project focuses on updating the IGRM model as well as recognizing the interconnection between this project and the Maturity Assessment project. Maturity is measured in part by reviewing the level of collaboration among key stakeholders which is at the very core of excellent information management. Project Trustees Eric Mandel, Consultant at Driven and Lynn Molfetta, Information Governance Specialist for MC Bernstein Data, building on the work of Eric Sedwick.
A privilege log is a record of the responsive or relevant documents that are being withheld from production on a claim that they contain attorney-client communication, attorney work-product, or trade secrets. The purpose of the project is developing best practices that most efficiently accomplish the task, including consideration of possible rule amendments. Project Trustee is Cristin Traylor, at Relativity, building on the work of Janet Bryan. The project has published a Streamlined Privilege Log Protocol which has been well received and is in its final approval stages.
Artificial Intelligence is a wide ranging and pervasive methodology reaching all areas of life. The project concluded its exploration of its use in litigation and how it will continue to develop. The project explored and developed opportunities to educate lawyers and judges on the role of AI in litigation. The AI project, led by Trustee Kelly Atherton, now a consultant at Driven, has published their white paper here.
The project’s goal is developing an interactive tool to measure a company’s e-discovery management based on the EDRM maturity model, which was developed several years ago. It fosters a simpler first analysis of an organization’s eDiscovery maturity and hopefully leads them into a deeper analysis, which is provided by the more detailed EDRM maturity model.