UF 14th Annual E-Discovery Conference 2027!

This stellar annual event returns to University of Florida College of Law and online on February 10–11, 2027. It actually starts with a virtual pre-conference on February 9th! Join from your own workspace or bring colleagues to Gainesville and network together while learning as a team. Created by Professor Bill Hamilton, this conference 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. Leading organizations are expending resources, performing research, conducting pilots, and evaluating implementations for artificial intelligence for which 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 never disappoints with unique insights into courts handling these issues and is not to be missed! See more and register 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

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/

 

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

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!

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

Settling ESI disputes with Mediators

Now that we are more than a year into Florida's E-Discovery rules, disputes over electronically stored information are coming to a head. E-neutrals or mediators specializing in complex cases involving electronic evidence can shape discovery plans, allocate costs and suggest and create efficiencies. The mediation process may focus the confidential conference solely on managing ESI, or the neutral may broaden the discussion, reminding parties of the merits and perhaps dissuading them from merely using E-discovery as a sword or shield. Mediation is an avenue that can present parties with significant cost-savings in ESI cases, if performed early enough in the litigation.

For example, though counsel are urged to reach a rational agreement on what must be preserved, taking into account costs and burdens incurred by modifying or suspending document retention systems can be difficult. Implementing even narrowly tailored litigation holds to preserve crucial ESI can be difficult without the assistance of an e-neutral during negotiations. Under the safeguards of a confidential mediation, limited discovery from custodians or other key persons with special knowledge of a company’s computer systems may be particularly useful. Lawyers can then self-determine sources from which relevant information is to be obtained, while the neutral facilitates agreement on the time-frame at issue, search protocols, accessibility of stored information or the cost and burden of restoring inaccessible information.

An e-neutral or mediator can also 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 caucuses with experts or IT liaisons that may help conduct discovery proportionally, minimizing motion practice, and avoiding unpredictable judicial outcomes on IT and ESI. Cooperation under this rubric may also encompass settling procedures to be followed when discovering privileged information that has been inadvertently produced in the course of discovery, including clawback agreements or agreed confidentiality orders. If the parties reach an agreement, they may ask the court to include the agreement in their scheduling order.

Join me next Tuesday, 5/14 for Orlando CLE including E-Neutrals in E-Discovery Disputes!

Last fall, the Supreme Court of Florida approved proposed E-discovery rules for state cases-- the first such rules for Florida. The court adopted amendments to case management to include ESI. The new rules now affect the state’s diverse legal community of trial attorneys. They aim to streamline case management, but also impose unfamiliar burdens on practitioners who are new to E-discovery. Neutral third parties, such as special magistrates (formerly masters in FL) and mediators, may be able to assist in these instances. I will be speaking in conjunction with the Orange County Bar Association's Intellectual Property and Technology Committees who are presenting an afternoon CLE called "Florida's New E-Discovery Rules and Best Practices for All Cases: Taming the ESI Beast," on May 14, 2013 in Orlando. My topic before joining a panel on best practices is entitled, "Using E-Neutrals to Limit the Cost of E-Discovery." For the uninitiated, “E-neutrals” can help shape discovery plans, allocate costs and suggest and create efficiencies that may not have existed in litigation. Our services are not limited to grappling with old or new rules, or to discovery disputes. The course description states, "Lawrence Kolin, an Orlando lawyer and full-time mediator, chaired the Florida Bar subcommittee that drafted these rules. In his CLE, he will present how neutrals can help litigants navigate e-discovery pitfalls and resolve expensive battles before they arise. The course material quotes me: “In resolving these issues, I focus parties on the merits, rather than using E-discovery as a sword or shield,” states Kolin. “Mediation of ESI disputes is an avenue that can present parties with significant cost-savings through self-determination, if performed early enough in the litigation.” I hope you will join me! Contact Marie West-- mariew@ocbanet.org for registration or see http://orangecountybar.org/calendar.asp and http://orangecountybar.org/content/uploads/PDFs/May%20CLE%20Flyer-Tech-BizLaw-IP%20Seminar-rev2.pdf for more information.

Join me for 5/14 CLE including E-Neutrals in E-Discovery Disputes

Last fall, the Supreme Court of Florida approved proposed E-discovery rules for state cases-- the first such rules for Florida. The court adopted amendments to case management to include ESI. The new rules will affect the state’s diverse legal community of trial attorneys. They aim to streamline case management, but they will also impose unfamiliar burdens on practitioners who are new to E-discovery. Neutral third parties, such as special magistrates (formerly masters in FL) and mediators, may be able to assist in these instances. I will be speaking in conjunction with the Orange County Bar Association's Intellectual Property and Technology Committees who are presenting an afternoon CLE called "Florida's New E-Discovery Rules and Best Practices for All Cases: Taming the ESI Beast," on May 14, 2013 in Orlando. My topic before joining a panel on best practices is entitled, "Using E-Neutrals to Limit the Cost of E-Discovery." For the uninitiated, “E-neutrals” can help shape discovery plans, allocate costs and suggest and create efficiencies that may not have existed in litigation. Our services are not limited to grappling with old or new rules, or to discovery disputes. The course description states, "Lawrence Kolin, an Orlando lawyer and full-time mediator, chaired the Florida Bar subcommittee that drafted these rules. In his CLE, he will present how neutrals can help litigants navigate e-discovery pitfalls and resolve expensive battles before they arise. The course material quotes me: “In resolving these issues, I focus parties on the merits, rather than using E-discovery as a sword or shield,” states Kolin. “Mediation of ESI disputes is an avenue that can present parties with significant cost-savings through self-determination, if performed early enough in the litigation.” I hope you will join me! Contact Marie West-- mariew@ocbanet.org for registration or see http://orangecountybar.org/calendar.asp and http://orangecountybar.org/content/uploads/PDFs/May%20CLE%20Flyer-Tech-BizLaw-IP%20Seminar-rev2.pdf for more information.

Join me March 1, 2013 at the annual E-Discovery conference!

I'll be speaking on the following two panels at ACEDS annual E-Discovery Conference:

What Florida’s Bouts with New E-Discovery Rules Teach Lawyers and Corporations
Florida’s first ever rules for discovery of electronically stored information in civil courts just took effect. They caused a sea change in the way the state’s many trial attorneys practice, and have imposed novel burdens on the Florida court system, parties in litigation, visiting litigants, and the multitude of large and small businesses inhabiting the state. The rules have created some efficiencies in civil procedure, but they have also tested the infrastructure of county and circuit courts from Pensacola to Key West. Though Florida is not one of the first to join the e-discovery fray, its legal and corporate diversity, division of rural and metropolitan areas, and abundance of international businesses make it a melting pot that lawyers, rulemakers, and e-discovery professionals nationwide and at the federal level are eying closely. What new liabilities and opportunities have the rules created, and how can you learn from them? Where are lawyers, litigants and judges most vulnerable to the perils of electronic evidence? What tools and services do you need to excel at e-discovery as the volume of your client’s data balloons? How can you navigate the rules to reduce costs? Can mediation by an E-Neutral save money? And how do you protect against e-discovery malpractice? On this panel, legal experts from across the state, including the attorneys who crafted the rules, will give you important lessons gleaned from this unsettled legal terrain.

Double-Edged Sword of Social Media-- Boost Your Bottom Line While Avoiding Risk
As Facebook hits one billion global users and Twitter approaches a half billion, it’s safe to say that social media is here to stay. Some organizations and law firms have embraced it for the unique marketing and networking avenues it affords, and the business it can drive. Others pass on its benefits because of the clear reputational and legal risks it presents. Social media can open doors to engage stakeholders and potential clients, but it is hard to monitor and even tougher to incorporate into existing information governance frameworks. The stakes are high. When the threat of a lawsuit strikes, it is crucial to know who is saying what, where it is located, and how to preserve and collect it for litigation. How can you use social media to drive business success, while reigning in the dangers it presents? What does an effective employee social media policy look like, and how can you integrate it with compliance policies that are already in place? How do you govern social media in the cloud? What are the best ways to preserve, collect, and produce social media? And how do you decide which methods are best? In this panel, e-discovery and technology experts from top organizations and law firms show you how to use and regulate social media in a way that is safe, effective, and profitable.

More about the E-Discovery conference here: http://www.ediscoveryconference.com/panels

Join My Upcoming ESI CLE Webinar February 13, 2013

Why Florida’s recent E-Discovery rulings and other developments should matter to you and your organization
The Association of Certified E-Discovery Specialists (ACEDS), established in 2010, is the member organization for professionals in the private and public sectors who work in the field of e-discovery. ACEDS is building a community of e-discovery specialists for the exchange of ideas, guidance, training and best practices. This free ESI CLE webinar program offers a preview of what I will discuss at the upcoming annual ACEDS Conference-- www.ediscoveryconference.com/panels/

While Florida’s recent rules for the discovery of ESI in civil courts that took effect September 1st have improved efficiency in civil procedure, they also have caused a sea change in the way attorneys practice. What new burdens, liabilities and opportunities have the rules created for the court system, parties in litigation, visiting litigants, and the multitude of large and small businesses inhabiting the state of Florida? And why should they matter to you and your organization? Join our panel of legal experts as they share invaluable insights, including important lessons and best practices learned from this recent ruling and other developments in the e-discovery arena.

Session Panelists: Lawrence Kolin, Mediator/Arbitrator, Lawrence H. Kolin, P.A

                               Brad Schultz, Litigation Support, Berger Singerman

                               Daniel Whitehouse, Attorney, Whitehouse & Cooper, PLLC

Session Moderator: Charles A. Volkert, Executive Director, Robert Half Legal

See link for details (GoToMeeting starts at 1PM EST)--

http://www.aceds.org/why-floridas-recent-e-discovery-rulings-and-other-developments-should-matter-to-you-and-your-organization/

UPDATE: In case you missed it live, the recorded webinar is now available at http://go.pardot.com/e/5972/training-on-demand-training-/l2183/442031232.