New Ogletree Deakins Shareholder Wants E-discovery Professionals to Keep Calm, Carry On
Rather than getting worked up about the next great thing in e-discovery technology, Thomas Lidbury wants e-discovery professionals to focus on mastering the technology they've got.
July 11, 2018 at 12:22 PM
4 minute read
Thomas Lidbury of Ogletree. Lidbury, Ogletree Deakins' newest Indianapolis office shareholder and head of the firm's e-discovery and records release practice group, has watched e-discovery develop steadily since he began in the space toward the end of the 1990s and doesn't see any need to panic. “ The innovations are here. Discovery practitioners need to focus on mastering the existing technology and work flows to deliver service better, faster and cheaper,” Lidbury told LTN. In his new role at the firm, Lidbury will be charged with helping clients develop and maintain records retention and information governance programs. He caught up with LTN to talk about the new role and his thoughts about the e-discovery industry: How did you initially find your way into e-discovery work? I was at a big firm in the late 1990s working on complex cases that included large volumes of discovery. We didn't call it “e” discovery yet, and we often received documents from our clients in paper form only to scan back into electronic format. When the firm created a dedicated e-discovery practice group in the early 2000s, I was drafted as the senior associate for the group. I later became a partner and co-leader of the group. It was a learning process for everyone—us, our clients, the courts, opposing counsel and the software providers. Initially, there was at least as much work involving establishing processes at our clients for legal holds and data collections as there was on the right side of the [Electronic Discovery Reference Model]. Now that you've worked in a few different e-discovery practices, where do you see some of the biggest challenges for firms in managing an e-discovery practice? I think many firms struggle with the question of whether to invest in the software and support capabilities necessary to provide full service e-discovery services to their clients. One of the attractions of Ogletree Deakins to me is that it has robust capabilities. Ogletree Deakins has a robust Relativity platform, established litigation support teams and review centers. Having overseen a great number of changes in e-discovery practice, what do you think is the next step in e-discovery innovation? Where do you imagine the industry is headed next? I don't see major advances in technology on the horizon. The software is mature and powerful. Predictive coding technology and workflows are well established and defensible. The innovations are here. Discovery practitioners need to focus on mastering the existing technology and work flows to deliver service better, faster and cheaper. How do you imagine use of AI in e-discovery is likely to evolve in coming years? I'm not sure. Every “AI” that I have seen boils down to some kind of algorithmic categorization. The predictive coding workflow leverages this technology. I haven't seen anything really new. I think predictive coding will continue to be the norm for the foreseeable future. Do you see a need to balance e-discovery innovation (especially given the increasing budgetary constraints most firms are facing) with the need for defensibility? Innovation and defensibility do not need to be competing considerations. Predictive coding is quite defensible. Practitioners should learn how to use it effectively and efficiently. The innovations are defensible, so go ahead and use them to do discovery more efficiently. It is a win-win. What are some projects you're hoping to get started to kick off your work with Ogletree Deakins? Ogletree Deakins has a robust e-discovery platform and practice. My major project is to grow the practice.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Nevada Supreme Court to Decide Fate of Groundbreaking Contingency Cap Ballot Measure
- 2OpenAI Tells Court It Will Seek to Consolidate Copyright Suits Under MDL
- 34th Circuit Allows State Felon Voting Ban Challenge to Go Forward
- 4Class Actions Claim Progressive Undervalues Totaled Cars
- 5How the Trump II Administration Can Combat Antisemitism
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250