LegalTech, the most important technology event of the year, was held in New York City Feb. 1-3.

Keynote speaker Russell Stalters, head of information technology and services for BP America Inc., discussed ways to create e-discovery programs on a sound foundation. Stalters advised creating a data map for stored information; identifying custodians responsible for data; creating and implementing a plan for archiving and/or deletion of e-mail; and auditing the plan to be sure procedures are being followed.

Session topics for the first day included knowledge management, project cost management, early case assessment and strategies for using technology to reduce costs and risks. The "Knowledge Management" sessions focused on using your knowledge to benefit your firm and its clients. Key points: A team environment can encourage sharing of Internet resources, and setting up a knowledge-management system is a productive way to access that knowledge. The influx of social-media sites was also discussed.

The second day began with a keynote address from Mark Howitson, deputy general counsel for Facebook. Howitson discussed the implications of social media on the e-discovery process.

Another highlight of LegalTech day two was a three-session litigation-technology workshop that focused on electronic- data management and ethical challenges. Major topics of discussion were U.S. District Court Judge Hon. Shira Scheindlin's decision in Pension Committee v. Banc of America and the importance of developing litigation-hold processes.

• Session 1, "An Ounce of ESI Prevention is Worth a Pound of ESI Cure," focused on planning and preparation. In e-discovery planning, timely legal holds are important.

Tips: Develop a checklist of the types of data involved in your case; create a chain-of-custody form and key-custodian checklist; establish two legal holds - one to the custodians and one to the IT department; and monitor litigation-hold compliance. If you fail to prepare, then prepare to fail.

• Session 2, "Ease Litigation Woes with Skilled Data Management: Early Case Assessment, Processing, Review and Production Practice," provided insight on early case assessment, advanced searching techniques and proper production techniques.

Early case assessment was a focus. It can increase efficiency while decreasing costs, and can help you to determine early on the custodians of relevant documents and to identify the "ESI universe" of each case for purposes of the Rule 26 conference.

Advanced searching technologies such as topic grouping and concept searching were addressed. They can provide different perspectives on document sets that you might not have noticed on initial review of the case, and can also help you to reduce your review set. Planning for production is also an important step. Begin early, determine what options are best for your case, and discuss the production format with opposing counsel early on. A tip: Preserve broad and produce narrow.

• Session 3, "Ethical Challenges of Electronic Discovery," included a discussion of ethical concerns that electronic evidence poses for attorneys and how to avoid judicial sanctions; details of each e-discovery phase; ethical violations and malpractice claims; and an attorney's affirmative duty to act competently and diligently when integrating electronic information into a case.

As e-discovery becomes more prevalent, the courts will hold attorneys to a higher standard. A lawyer has a duty not only to provide competent representation to a client, but also to audit and supervise that client in the e-discovery process.

As in standard discovery, diligence, competence, fairness, confidentiality and maintaining the integrity of the profession all come into play. It is important to not only be efficient, but to be thorough, and to stay up to date on discovery rules, developing case law and current e-discovery practices.

There were many sessions offered on the final day of LegalTech, including "Best Practices in Compliance and E-mail Records Management in the Cloud," "Integrating the Law Library and Practice Management" and "Recurring E-discovery Challenges."

The panel that presented the "Recurring E-discovery Challeges: Avoiding the Hidden Pitfalls" session discussed many common issues that arise in the e-discovery process. One of the most important tips the speakers shared was to be sure that everyone is on the same team, including the client, attorneys, paralegals and IT personnel.

Be sure to keep the client informed of the process, including what the costs will be, so that there is no shock when they see receive an invoice.

A point noted throughout the conference was the increase in costs involved in e-discovery. Many cases are settling because clients do not want to incur astronomical costs during the discovery process. In Texas, courts have dealt with this by having a mediator meet with all counsel to negotiate the terms for discovery.

- By Beth Bialis, paralegal coordinator at Hodgson Russ LLP, and Denise Sabuda Murphy, a paralegal at Goldberg Segalla LLP