Annual UF Law E-Discovery Conference Next Month!

  
The University of Florida Levin College of Law will hold their 13th Annual E-Discovery Conference February 24-26, 2026. Now more than a dozen years since this program was created by Professor Bill Hamilton, it is renowned for providing practical, actionable education with real-world solutions related to electronic discovery. Forward-thinking national speakers present strategies that can be implemented at both law firms and corporate legal departments. All attendees, both virtual and in-person, will be able to participate in roundtables that commence during pre-conference sessions on February 24th. Leading organizations are forming committees, budgeting resources, performing research, conducting pilots, and beginning early implementations for generative artificial intelligence and new rules may be needed. Keeping pace with changes and making new connections in the industry are benefits of attending. Of course, the annual judicial panel with unique insights into courts handling these issues is not to be missed! Free online. See more here-- https://ufediscoveryconference.com/

 

Florida's ESI Guidelines

The Florida Bar Business Law Section promulgated new Electronic Discovery or ESI Guidelines that promote early consultation and resolution of ESI issues. They seek to avoid court intervention, thereby promoting reasonable and efficient e-discovery of electronic information, while minimizing costs, delays, and burdens to the parties and the courts. Of course, e-neutrals can be utilized to create a workable protocol without judicial intervention allowing parties to get back to litigating on the merits if they cannot resolve the underlying matter. With the introduction of amended Florida Civil Procedure Rule 1.280 on January 1, 2025, these guidelines place a greater emphasis on proportionality, and practitioners and the courts are encouraged to review and utilize precedent and committee notes regarding Fed. R. Civ. Pro. 26 when addressing and resolving ESI discovery issues.  See more here-- https://flabizlaw.org/wp-content/uploads/2025/06/BLS-Proposed-Civil-Case-Guidelines-re-ESI-Discovery-6.20.25-EDDEC-and-Rules-C-final-as-revised.pdf

12th Annual Florida E-Discovery Conference Coming

The University of Florida Levin College of Law will hold their 12th Annual E-Discovery Conference February 12-13, 2025. Hard to believe it's been a dozen years since this program created by Professor Bill Hamilton, renowned for providing practical, actionable education with real-world solutions related to electronic discovery, began. Forward-thinking national speakers present strategies that can be implemented at both law firms and corporate legal departments. Roundtables will commence in pre-conference sessions beginning February 11th. Leading organizations are forming committees, budgeting resources, performing research, conducting pilots, and beginning early implementations for generative artificial intelligence and new rules may be needed. Keeping pace with changes and making new connections in the industry are benefits of attending. Of course, the annual judicial panel with unique insights into courts handling these issues is not to be missed! Free online, as well as an in-person attendance option available.  See more here-- https://ufediscoveryconference.com/

 

Learn the latest in E-Discovery!

Next month, the University of Florida's 11th Annual E-Discovery Conference takes place both virtually and in person on February 28 & 29, 2024. Panels will address challenges for complex cases and provide key takeaways that you can put into practice. The conference is centered squarely around practical education for matters of ESI and is perfect for lawyers and legal professionals of all levels. Spread over two full days, it’ll be a combination of several short talks, panel discussions with live Q&A, and product videos. The participants learn about decisions on electronic discovery with proportionality, BYOD, search terms and TAR, and issues in emerging technologies leading the way, including Artificial Intelligence and prompt engineering in AI. Also of interest are off-the- shelf programs such Slack and Microsoft Teams, as well as programs designed and tailored for specific industries or companies, are now ubiquitous. Collaboration programs produce diverse types and versions and large volumes of data located in multiple locations on myriad of devices, including ephemeral or fragile data.  As always, the case law panel will tackle the key decisions from this past year with a goal of providing practical takeaways. Register here-- https://reg.conferences.dce.ufl.edu/basic/1400090225

10th Annual Florida E-Discovery Conference

Be sure to register for the University of Florida's Tenth Annual E-Discovery Conference taking place next year both virtually and in person on February 8 & 9, 2023. Panels will address challenges for complex cases and provide key takeaways that you can put into practice. The conference is centered squarely around practical education for matters of ESI and is perfect for lawyers and legal professionals of all levels. Spread over two full days, it’ll be a combination of several short talks, panel discussions with live Q&A, and product videos. This year set another record for decisions on electronic discovery with proportionality, BYOD, search terms and TAR, and issues in emerging technologies leading the way. Also of interest are off-the- shelf programs such Slack and Microsoft Teams, as well as programs designed and tailored for specific industries or companies, are now ubiquitous. Collaboration programs produce diverse types and versions and large volumes of data located in multiple locations on myriad of devices, including ephemeral or fragile data.  The case law panel will tackle the key decisions from this past year with a goal of providing practical takeaways. Register here-- 10th Annual UF Law E-Discovery Conference (ufediscoveryconference.com)

Free Annual UF E-Discovery Conference Online

The University of Florida Levin College of Law returns March 23^rd and March 24^th 2022 for its 9^th Annual E-Discovery Conference. The Conference combines its topics, sessions and legal, technology, and E-discovery experts to address the challenges for matters and provide key takeaways that you can put into practice. The conference is centered squarely around practical education for matters that range from small to large and is perfect for lawyers and legal professionals of all levels. Spread over two full days (mornings and afternoons if you’re in the U.S.), it’ll be a combination of several short talks, panel discussions with live Q&A, and product videos. All sessions will be recorded and available for you to watch in your own time. To ensure content is as accessible as possible we will have close captioning during the event and pre-recorded content will be captioned as well.

During the 2-day conference will discuss various aspect of e-discovery including:

• Preparing for the Rule 26(f) and Rule 16 conferences
• Effectively handling e-discovery motions, objections, and hearings
• Managing proportionality
• Negotiation ESI Protocols
• Basic and advanced search techniques
• Maximizing document review speeds and accuracy.

See more here-- https://ufediscoveryconference.com/

 

Free Online E-Discovery Conference 3/18 with CLE

The 8th Annual University of Florida Levin College of Law E-Discovery Conference will be held  on March 18, 2021 featuring national and international experts who will examine strategies implementing practical and effective E-Discovery for your litigation matters. 

This year, they are offering the full-day conference completely online and free for all attendees with 9.5 General, 9.5 Technology and 1 Ethics Credits for The Florida Bar.

The daylong conference will discuss various aspects of E-Discovery including:

• THE INITIAL ASSESSMENT PROCESS
• COLLABORATION AND NEGOTIATION STRATEGIES
• COLLECTION CHALLENGES FROM TODAY’S EVOLVING DEVICES AND DATA SOURCES
• BASIC AND ADVANCED SEARCH TECHNIQUES
• MAXIMIZING DOCUMENT REVIEW SPEEDS AND ACCURACY.

It also features a famed judicial panel of district court and magistrate judges, E-Discovery case law panel, and a panel analyzing the E-Discovery impact of rapidly expanding national and international privacy regulations. See more information on registering here-- https://ufediscoveryconference.com

Announcing 2021 E-Discovery Conference

This year, the E-Discovery Conference at the University of Florida Levin College of Law was postponed due to Covid-19. The program is run by Professor William “Bill” Hamilton, with whom I served on The Florida Bar Civil Rules Committee that wrote the Electronically Stored Information (ESI) amendments, as well as on the faculty of Florida's Advanced Judicial College, where we taught judges how to implement the rules in cases. I have spoken at UF Law's Institute for Dispute Resolution and produced webinars in conjunction with them, as well. Because the vaccine rollout has only just begun and due to the uncertainty of in-person gatherings, the conference is to be virtual next spring. At the moment, a save the date states it will be held on Thursday, March 18, 2021. The conference is free, virtual, and open to all. The agenda will include a great judicial panel, a hot-topics case law panel, some software demonstrations, and tons of how-to e-discovery tips and advice. See you in March online! See more information forthcoming here-- https://ufediscoveryconference.com/

 

UF Law E-Discovery Conference Opportunity

For many years, I've attended the E-Discovery Conference at the University of Florida Levin College of Law run by Professor William “Bill” Hamilton, with whom I served on The Florida Bar Civil Rules Committee that wrote the Electronically Stored Information (ESI) amendments and the faculty of Florida's Advanced Judicial College where we taught judges how to implement the rules in cases. I have spoken at UF Law's Institute for Dispute Resolution and produced webinars in conjunction with them, as well. Recently, I learned that the E-Discovery program at UF is creating new career paths for law school graduates that do not involve billable hours working at a law firm. The law school is one of the first to provide law students hands-on knowledge of through its Distinguished Speaker Series and has now partnered with international company, Consilio, offering new graduates unique opportunities to learn the ESI business. What began as the E-Discovery Project is a multidisciplinary endeavor enhancing litigation competence through electronic discovery law courses, research, the development of information retrieval method and tools, and offering electronic discovery skills training for practicing attorneys and litigation support professionals through public conferences and continuing legal educational offerings. Their CareerFest usually occurs in conjunction with the annual conference, set for March 19, 2020, where alternative career paths for law school graduates are explored through presentations by companies in the legal service and technology industry. See more here-- https://tinyurl.com/yxetorw7 and https://tinyurl.com/k26rjqr 

Tune in for 'Open Ninth' This Month

Join me March 21st for my guest appearance on Open Ninth, a first of its kind podcast hosted by Ninth Judicial Circuit Chief Judge Fred Lauten. This program features candid perspectives from judges and interviews with innovators in the legal field. These 'Conversations Beyond the Courtroom' are part of a new communications plan put in place by the Florida Supreme Court that seeks to better connect the courts with citizens. Since 2001, I've mediated lawsuits in this circuit and around the state as a certified mediator. I also served as a General Magistrate in the Civil Division, presiding over circuit cases in Orange County in 2013. In this episode, I discuss my experience as a mediator and the important role of mediation as an effective tool of alternative dispute resolution in the justice system. Be sure to listen here: https://www.ninthcircuit.org/openninth/negotiation-mediation-resolution

Join Me In Orlando For The Masters Conference™

I last spoke about resolving ESI disputes at The Masters Conference at the Harvard Club of New York City in 2015. I have been invited back for this month's seminar in Orlando where we will explore the latest legal trends. As the organizer puts it, whether you’re dealing with legal technology in a new, socially networked world, find your company expanding globally and thus facing international discovery issues, or planning for the future of technology in your firm or company, you know there’s a divide between what is in practice today and where your firm needs to be in the near future. Legal professionals must develop strategies for spanning this technology divide before it expands further across traditional borders, whether physical or technical. Corporate Counsel and attorneys have a new forum to gather the latest information on Cybersecurity, eDiscovery, data protection, records management and more: The 2017 Masters Conference for Legal Professionals will be held November 14, 2017 at the Wyndham Bonnet Creek at Disney World from 9:00 a.m. to 5:15 p.m. The event offers educational tracks that will allow attendees to learn from corporate and law firm thought leaders. See more here-- http://themastersconference.com/event/orlando-fl/no-mickey-mouse-about-it-florida-top-ten-country-attorneys-learn-what-latest

Anniversary of E-Discovery Amendments

Today marks one year since significant changes were made in 2015 to the original 2006 federal rules for electronic discovery. Federal Rule of Civil Procedure 26(b)1 now emphasizes proportionality and seems to have influenced determining the expense or burden of proposed discovery in a more realistic way. The advent of technology assisted review has also brought costs down and is being employed more frequently by parties and is accepted and even encouraged by courts. My role remains as E-neutral, mediator or sometimes court-appointed special master to facilitate the electronic discovery process by helping parties to agree on the form in which they want information produced and the extent to which metadata will be produced. Mediation can feature private caucuses with retained experts or information technology liaisons that may help conduct discovery proportionally, minimizing motion practice, and avoiding sanctions and unpredictable judicial outcomes. Cooperation using alternative dispute resolution may also encompass settling procedures to be followed when discovering privileged information that has been inadvertently produced in the course of discovery, including clawbacks or agreed confidentiality orders. Rule 37(e) improved the safe harbor for mistakes in deletion, recognizing the volume of data generated is ever increasing and has made preservation more challenging. Sophistication of the parties is still taken into account in reasonable steps taken to initiate holds, but a lawyer's duty of competence in technology in more important than ever. Our E-Discovery & E-Neutral Services can help in that area, providing assistance by hosting Meet and Confer sessions, facilitating cost effective, mutually cooperative, and relevant ESI programs-- even in state court, with Mediated Case Management or Pretrial Stipulations under Florida Civil Rules 1.200 or 1.201. As Special Magsitrates, we are available to monitor E-discovery compliance or perform complex in-camera reviews for which judges don't have time. See more here-- https://www.uww-adr.com/services/e-discovery-and-e-neutral-services/index

ESI Orders Go Local in PB FL

In Palm Beach County, Florida there is a new discovery of electronically stored information (ESI) order waiting for practitioners in cases involving business torts, professional malpractice, antitrust, business transactions, IP, shareholder derivative actions, securities, or trade secret cases. Circuit Court Judge Meenu Sasser of the 15th Judicial Circuit Court has even mandated that within 20 days of the order, the parties are to schedule  a “meet and confer” conference which shall occur within 60 days of service of the Order. It is interesting to note that The Florida Bar Civil Rules Standing Committee voted against a federal rules style mandatory meet and confer when I chaired the effort to amend the rules to include ESI. Counsel for the parties are to discuss whether this cases are to be considered complex litigation case, as in Fla. Rule Civ. Pro. 1.201. Topics for the conference include: ESI custodian information; structure of client computer systems, software, devices, and relevant email information; ESI policies; need for an ESI clawback agreement; costs; and whether ESI issues could significantly protract the litigation. Hmm, looks like a call for effective Special Masters or E-Neutrals... See Standing Order effective for new cases starting July 1, 2016 here-- http://15thcircuit.co.palm-beach.fl.us/documents/42596/0/ESI-Order.pdf

Lawrence Kolin Named National Law Journal Trailblazer

I'm pleased to announce that I've been named as one of only 50 attorneys to be honored as The National Law Journal’s 2015 Litigation Trailblazers. I'll be accepting this award at the inaugural reception of all distinguished recipients in New York City next week. “The National Law Journal proudly recognizes the people who have truly ‘moved the needle’ in facilitating the changing ways that law firms conduct business,” says Kenneth A. Gary, the journal’s vice president and group publisher. “Whether it be technological developments, operational efficiencies, marketing and business development breakthroughs or research – we think this list embodies the spirit that will shepherd and shape modern law firms as a business going into 2016 and beyond.” Only in their second year, the litigation awards recognize top legal professionals who have promoted significant change in the way cases are resolved, using inventive techniques or technologies, bringing unique types of cases to court, or executing novel approaches, according to ALM Media Publisher Tom Larranaga. “They have raised the bar in several meaningful ways and are establishing important new standards as the legal landscape continues to evolve,” he said. Winners last year included David Boies, one of Time magazine’s 100 Most Influential People in 2010, and Ted Olson, who was Boies’ opposing counsel in the Supreme Court case Bush v. Gore and a former U.S. solicitor general. This year’s group includes Barry Richard, also of the 2000 presidential election case, and famed national trial lawyer Billy Gunn. I attribute this win to chairing of pioneering efforts to modernize Florida’s civil procedure rules to include electronically stored information and to my innovative work in ADR, specifically promoting the use of E-Neutrals through this blog and other legal publications. My colleague at Upchurch Watson White & Max Mediation Group, Richard Lord, remarked it is "a great honor reflecting Lawrence Kolin’s serious, deliberate and long-term experience and thought leadership in ADR.” See this week's special Litigation Trailblazer publication from The National Law Journal here-- http://pdfserver.amlaw.com/nlj/flipbook/Litigation_TP2015/Litigation_TP2015.html and a full list of all 2015 Trailblazer &  Pioneer category winners here-- https://www.eiseverywhere.com/ehome/150001/342183/ Thanks for your continuing support and readership!

Federal Rules Amendments on Electronic Discovery Effective

Yesterday, the long-awaited Federal Rules of Civil Procedure amendments became effective without changes to the proposed language by Congress. These rules mostly pertain to discovery of Electronically Stored Information or ESI-- a concept first introduced into the FRCP in 2006. The changes are essentially outlined as follows:

• Rule 1: The very first rule now specifies that both the court and the parties should interpret the rules to secure just, speedy and inexpensive outcomes.
• Rule 4: Plaintiffs now have only 90 days to serve a defendant after filing the complaint. Of course, courts may still extend the time for service upon a showing of good cause.
• Rule 16: Conferences set under this rule are now 90 days after service or 60 days after an appearance by a defendant, whichever is earlier.
• Rule 26: Scope of discovery substantially changes, requiring that discovery requests be proportional to the needs of the case, as opposed to just reasonably calculated to lead to the discovery of admissible evidence. Courts may now allocate discovery costs. Parties are to discuss preservation of evidence in their discovery plan and may serve document requests before the scheduling conference, having been considered served at the first Rule 26(f) conference.
• Rule 34: Responses to production requests now must state with specificity the grounds for objecting and whether any responsive materials are being withheld on the basis of that objection.
• Rule 37: The proverbial Safe Harbor relating to preservation obligations now lessens a court's power to impose sanctions for failure to preserve information, merely allowing ordering so-called curative measures based on a finding that a party is prejudiced from spoliation of evidence. More severe sanctions, such giving an adverse inference or entering default judgment, are permitted under proposed Rule 37(e)(2), but only after finding a party acted with intent to deprive another party of the information’s use in the litigation.

Of course, despite a new emphasis on cooperation and proportionality, we expect to see continuing E-Discovery skirmishes. The use of confidential mediation for the resolution of such disputes by E-Neutrals is encouraged if the parties and counsel cannot settle the entire matter. Getting back to the merits is the goal of this process and these new discovery rules. Until there are orders applying these and some new FRDs reported, it remains to be seen how they will impact litigation in the federal courts. See more on this development here-- http://www.bna.com/new-rules-civil-n57982064088/ and https://www.law.cornell.edu/rules/frcp

Joint Sessions and the Use of E-Neutrals in ESI Disputes

Since 2011, the American Bar Association (ABA) has celebrated “ABA Mediation Week.” The ABA events bolster efforts of many other national, state, and local organizations, including the Association for Conflict Resolution (ACR), which have traditionally celebrated conflict resolution during October. According to the ABA, Mediation Week celebrates strides made in institutionalizing mediation as one of several dispute resolution processes. For many years, Florida has led the field of alternative dispute resolution which has grown in acceptance, especially as litigation has become more costly and lengthy with electronic discovery. There is certainly wide recognition that the majority of cases are resolved outside of the traditional adversarial process. Litigants, their attorneys and the judges they appear before routinely embrace multiple paths to settling lawsuits out of court, including mediation. The theme for this year’s ABA Mediation Week was: Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future. I am pleased to have been featured in the Dispute Resolution Section's Just Resolutions eNews on the subject of ESI Mediation. You can read my article entitled, "Joint Sessions and the Use of E-Neutrals in ESI Disputes" here-- http://www.americanbar.org/content/dam/aba/uncategorized/dispute_resolution/just-resolutions/kolin_joint_sessions.authcheckdam.pdf

Join me in NYC for the Masters Conference

Please join me this month as I've been invited to speak about streamlining electronic discovery at the Masters Conference for Legal Professionals on Tuesday, July 21, in New York City. Having chaired the recent effort to amend Florida Civil Procedure Rules to include e-discovery and previously taught for the state’s Advanced Judicial College, I'll join other industry experts in taking attendees through the life cycle of a complex case. We'll be focusing on fixing problem areas for a more cost-effective approach in a panel discussion titled “How to Streamline E-Discovery,” which runs from  11 am to noon. All eight of the conference’s sessions will take place at New York’s famed Harvard Club. The conference will concentrate on e-discovery, data protection, records management and related topics. “Whether you’re dealing with e-discovery in a new, socially networked world, find your company expanding globally and thus facing international discovery issues, or planning for the future of e-discovery in your firm or company, you know there’s a divide between what is in practice today and where your firm needs to be in the near future,” according to conference organizers. “Legal professionals must develop strategies for spanning this e-discovery divide before it expands further across traditional borders, whether physical or technical.” My emphasis will be on avoiding discovery disputes in the courts through the use of E-Neutrals, Mediated Case Management and Special Masters in culling the universe of information available to parties, in order to let them focus back on the merits of the claims and defenses. For more information about our panel at the Masters Conference, please visit-- http://themastersconference.com/agenda/how-streamline-ediscovery and for the full agenda in New York, see-- http://themastersconference.com/events/new-york-city

E-Neutral Services at UWWM

Just a moment of personal privilege-- I'm pleased to announce moving my dispute resolution practice to Upchurch Watson White & Max, a nationally leading mediation firm known for facilitating reasonable agreements to resolve complex civil litigation. As a UWWM neutral panelist in Florida in exclusive practice in Alternative Dispute Resolution, I'll continue to offer my wide-ranging experience in ESI disputes, including serving as an Arbitrator, E-Neutral and Special Master. Please see our E-Discovery Services-- http://www.uww-adr.com/services/e-discovery-services. In this role, I'll keep writing and speaking on implementing innovative methods of ADR, such as Early Neutral Evaluation of lawsuits. You can also get the latest trends on my more frequently updated and officially ABA listed "Blawg" at www.abajournal.com/blawg/Orlando_Mediator 
For more information on my new firm and scheduling:
http://www.uww-adr.com/biography/lawrence-h-kolin
(800) 863-1462

ABA #MediationWeek 2014 Features E-Neutral

This year’s American Bar Association Mediation Week theme is “Stories Mediators Tell—From Rookie to Veteran, Exploring the Spectrum of Mediation.” As part of the program, the ABA Section of Dispute Resolution published its October Enews featuring a recent article I authored encouraging use of skilled mediators or E-Neutrals in order to get back to the merits of a case. Now that E-Discovery rules have been used in federal courts for years and more recently in the majority of state courts, disputes over electronically stored information (ESI) are more commonly being addressed in state court litigation. E-neutrals are knowledgeable dispute resolvers who routinely mediate cases involving electronic evidence can help shape discovery plans, allocate costs, suggest technological solutions and create efficiencies in this emerging area. Mediation can feature private caucuses with retained experts or information technology liaisons that may help conduct discovery proportionally, minimizing motion practice, and avoiding sanctions and unpredictable judicial outcomes. Cooperation under this alternative dispute resolution rubric may also encompass settling procedures to be followed when discovering privileged information that has been inadvertently produced in the course of discovery, including clawbacks or agreed confidentiality orders. For more information, see my article here-- http://www.americanbar.org/content/dam/aba/events/dispute_resolution/Newsletter%20articles/Kolin.authcheckdam.pdf and the entire Just Resolutions Newsletter here-- http://www.americanbar.org/groups/dispute_resolution/JustResolutions/November-e-news111121111.html?cq_ck=1413403137831 a

ENE in E-Discovery Heavy Cases?

Mediation and arbitration have been out-of-court dispute resolution options available to Florida litigants for a quarter century. Early Neutral Evaluation or ENE is relatively new and has perhaps not caught on because of lack of court rules and some misconceptions about the process. Early Neutral Evaluation was developed in the United States District Court for the Northern District of California to reduce the expense of litigation for civil litigants. ENE is a hybrid of mediation and arbitration with a goal of helping litigants gain a better understanding of their case. Simply put, a third-party neutral examines the positions of the parties and gives an evaluation of the case. ENE is designed to avoid unrealistic expectations about the probable outcome of a case. ENE ensures time and money are not wasted on litigation and provides a reality check for attorneys and clients. A court-appointed neutral with expertise in ESI can host an informal meeting of clients and counsel once the parties request ENE. Sessions generally include and introduction and opening remarks by evaluator, followed by presentations of claims and defenses by counsel. The neutral evaluator then identifies common ground and probes possible stipulations. Upon clarifying key disputed issues, the evaluator can ask if the parties wish to explore settlement before the evaluation is presented and otherwise conduct settlement negotiations if the parties agree to do so. If not, the evaluator explains their assessment of the case, including what may be awarded at trial, what the settlement range of the case should be, and the strengths and weaknesses of each party’s case. The neutral case evaluator has no power to impose settlement and may not force a party to accept any proposed terms. Though formal discovery, disclosure and motion practice rights of the litigants are fully preserved, a skilled neutral evaluator with experience in ESI can assist with streamlining case management early, including E-discovery. The confidential evaluation is non-binding and is not shared with the trial court. If no settlement is reached, the case remains in litigation, but likely with the litigants better informed as to the risks, amount of work still necessary to conclude the case and a monetary estimate of the cost of continuing toward trial. I will be working with other full-time neutrals in Florida to explore establishment of a pilot program here. See California rules here-- cand.uscourts.gov/adrlocrules