Law and Candor

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Latest Episodes:

Spring Cleaning for Legal Teams: The Cloud and Defensible Deletion of Data Mar 31, 2022

Show notes

To kick off the show, Bill Mariano and Rob Hellewell discuss another Sighting of Radical Brilliance: How scientists are using AI to identify new drug combinations for children with incurable brain cancer.

Next, they interview Erika Namnath from Lighthouse about how to develop a sound and efficient defensible deletion program and the benefits of getting buy-in for it throughout an organization. Some of the key questions they discuss include:

Defensible disposal of data continues to be a key challenge for eDiscovery and information governance programs. Why has this issue persisted and how has it evolved?
Historically, because of the risk of deleting important information or not being able to defend deletion, teams have defaulted to saving as much as possible. Why is this approach becoming increasingly impossible and even poses a greater risk?
How should leaders approach developing a data retention and disposal program or updating their existing one?
When developing these retention policies and updates, we often hear challenges with legacy data and legal holds. How can teams wrap their heads around existing data while also considering what they’re retaining today?
It seems a significant challenge for these programs is gaining stakeholder buy-in and assigning ownership for retention and deletion. What can leaders do to tackle this?

Our co-hosts wrap up the episode with a few key takeaways. If you enjoyed the show, learn more about our speakers and subscribe on the podcast homepage, rate us wherever you get your podcasts, and join in the conversation on Twitter.

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About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for eDiscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

Mapping Updates to Data Privacy Regulations Worldwide Mar 25, 2022

Show notes

Bill Mariano and Rob Hellewell kick off this episode with another segment of Sightings of Radical Brilliance, where they discuss major privacy changes by Google and Apple in their mobile software.

Next, our hosts chat with Sarah Moran, eDiscovery Evangelist and Proposal Content Strategist at Lighthouse, about updates to privacy regulations in the U.S., Europe, and China. They also dive into the following key questions:

How is the enforcement of GDPR impacting businesses?
How has the UK’s departure from the EU impacted privacy compliance?
With so many states pursuing their own privacy regulations, do we anticipate any movement on a federal level?
Beyond the U.S. and Europe, what does the privacy landscape look like internationally?

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About Law & Candor

Legal’s Balancing Act: Risk, Innovation, and Advancing Strategic Priorities Mar 25, 2022

Show notes

Co-hosts Bill Mariano and Rob Hellewell start the show with Sightings of Radical Brilliance. In this episode, they review an article in Reuters exploring lawyer attrition and the “great resignation.”

Next, their interview with Megan Ferraro, Associate General Counsel, eDiscovery & Information Governance, at Meta. They discuss the delicate balance that must be struck between risk and innovation and explore some of the following questions:

How did the legal function evolve to play a bigger role in corporate strategy and innovation?
What are the broader trends in the ways legal teams are supporting innovation?
With businesses growing, adding new technology, and pivoting strategy quickly, what are the most critical risk challenges legal teams face today?
How can legal best work with other functions in an organization to ensure strategic priorities are advanced—through new deals or technology, for example—while also balancing the risk factors?

Related Links

Blog post: Analytics and Predictive Coding Technology for Corporate Attorneys: Six Use Cases
Podcast: Innovating the Legal Operations Model
Blog post: What Skills Do Lawyers Need to Excel in a New Era of Business?
Blog post: Purchasing AI for eDiscovery: Tips and Best Practices
Article: To stem lawyer attrition, law firms must look beyond cash - report

About Law & Candor

Leading in Legal with Inclusive Mentorship Mar 25, 2022

Show notes

Kicking off season 9 of Law & Candor, co-hosts Bill Mariano and Rob Hellewell, welcome listeners back for a celebration of Women’s History Month. Each guest this season is a woman breaking bias, advancing technology, and championing inclusion in the legal and technology industries.

First, they dive into Sightings of Radical Brilliance, discussing a Harvard Business Review article about being a better ally in a remote workplace.

Bill and Rob are then joined by Kelly McGill, Chief People Officer at Lighthouse, to chat about the value of mentorship, what a good mentorship program looks like in a virtual or hybrid work environment, and how to create a more inclusive culture. Some key questions they explore, include:

Why is mentorship so powerful?
What should people seek in a mentor and what makes a good mentee?
What are best practices for mentoring in a virtual environment?
How does mentorship contribute to more inclusive cultures?

Our co-hosts wrap up the episode with advice for amplifying other women’s voices and key takeaways. If you enjoyed the show, learn more about our speakers and subscribe on the podcast homepage, listen and rate the show wherever you get your podcasts, and join in the conversation on Twitter.

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About Law & Candor

Achieving Cross-Matter Review Discipline, Cost Control, and Efficiency Nov 16, 2021

Show notes

Join co-hosts Bill Mariano and Rob Hellewell as they discuss a law firm that only works on artificial intelligence and whether this is an emerging trend for the industry.

Next, they’re joined by Jason Rylander of Axinn to discuss the antitrust landscape, benefits of cross-matter review, and techniques for unifying matter data across an organization’s portfolio. Jason and our hosts walk through key questions, including:

With a new administration and the continued disruption from COVID, has there been an increase in the volume of antitrust matters, investigations, and litigation?
What are some of the challenges or disadvantages of doing the traditional single-matter document review?
What are some strategies for identifying work product or data that can be reused or repurposed?
What are some best practices when connecting matters?

Our co-hosts wrap up the episode with a few key takeaways. If you enjoyed the show, learn more about our speakers and subscribe on the podcast homepage, rate us on Apple and Stitcher, and join in the conversation on Twitter.

Related Links

About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for ediscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

Getting Personal—Wearable Devices, Data, and Compliance Nov 16, 2021

Show notes

In the final episode of the season, co-hosts Bill Mariano and Rob Hellewell review a New Yorker piece by Kyle Chayka about the beauty and uncanniness of AI-created images delivered by the Twitter handle @images_ai.

The co-hosts then bring on Thora Johnson of Orrick for a riveting discussion about the rise in wearable devices and the personal data they’re collecting. They discuss the fascinating innovation in health-related technology and apps and the significant data compliance, privacy, and cybersecurity issues that are accompanying it. Some key questions from their conversation include:

Beyond the more well-known wearable devices and health-related apps, what others are out there and what types of data are they collecting?
The proliferation of data these devices and apps are generating have created a unique set of intersecting compliance, security, and privacy challenges—what are some of the most critical to understand?
How can teams mitigate the risk of a cyber breach? And in the event it does happen, what are best practices in terms of responding to a breach?
What should attorneys and legal teams know about the FTC’s recent announcement that it plans to “vigorously” enforce its 2009 Health Breach Notification rule?
What regulatory issues related to apps collecting genetic information that people should be aware of?

The season ends with key takeaways from the guest speaker section. If you enjoyed the show, learn more about our speakers and subscribe on the podcast homepage, rate us on Apple and Stitcher, and join in the conversation on Twitter.

Related Links

About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for ediscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

eDiscovery Review: Family Vs. Four Corner Nov 16, 2021

Show notes

Bill Mariano and Rob Hellewell kick off this episode with another segment of Sightings of Radical Brilliance, where they discuss Dalvin Brown’s piece in the Washington Post about how AI was used to recreate actor Val Kilmer’s voice. Bill and Rob consider this great scientific achievement along with the potentially nefarious ways it can used.

Next, our hosts chat with Pooja Lalwani of Lighthouse about two key approaches to ediscovery review: family and four corner. Pooja helps break down the benefits and drawbacks of each through questions such as:

What are some of the key differences between both approaches?
With modern communication platforms and data creating a more dynamic and complex review process, what are some of the considerations for when and how to deploy family and four corner review?
What review methodology is better suited to supporting TAR and AI tools?
How do these review methodologies either help classify privilege more efficiently or potentially create limitations?

Related Links

Blog Post: Big Data Challenges in eDiscovery (and How AI-Based Analytics Can Help)
Podcast: Leveraging AI and Analytics to Detect Privilege
Blog Post: Overcoming eDiscovery Trepidation - Part II: A Better Outcome

About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for ediscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

Finding Lingua Franca: The Power of AI and Linguistics for Legal Technology Nov 16, 2021

Show notes

In the very first episode of season eight, co-hosts Bill Mariano and Rob Hellewell introduce themselves and welcome listeners back for another riveting season of Law & Candor, the podcast wholly devoted to pursuing the legal technology revolution. They start off with some exciting news about Lighthouse and the recent acquisition of H5.

They then dive into Sightings of Radical Brilliance, the part of the show highlighting the latest news of noteworthy innovation and acts of sheer genius. In this episode, they discuss an article in the AP that investigates how AI-powered tech landed a man in jail with scant evidence. Bill and Rob discuss the case and the AI technology involved, and what questions this raises regarding scientifically validating AI and its use as evidence in criminal cases.

Bill and Rob are then joined by Amanda Jones of Lighthouse to discuss common challenges and pitfalls that can arise with modern language in ediscovery, and the interplay between AI and linguistics. Some key questions they explore, include:

What is linguistic modeling?
What are the critical challenges with modern language and ediscovery today?
How is linguistics informing and impacting AI in ediscovery?
What are best practices for implementing AI solutions and tools?

Related Links

About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for ediscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

Staying Ahead of the AI Curve Nov 16, 2021

Show notes

Co-hosts Bill Mariano and Rob Hellewell start the show with Sightings of Radical Brilliance. In this episode, they review a recent New York Times article by Cade Metz that explores how new organizations are using AI to find bias in AI.

Next, they bring on Harsha Kurpad of Latham Watkins who answers the following questions around staying ahead of AI innovation in legal technology:

What are some current barriers to adopting AI?
How do you stay apprised of new AI technology, tools, and solutions?
What are new data challenges that are leading to a greater adoption of AI or requiring the use of more sophisticated tools?
How are government entities like the FTC and DOJ changing how AI is being used and what is required during investigations?
What are some best practices for training algorithms and staying on top of new approaches to training?
What are some of the risks in not adopting AI or not staying apprised of changes to the tools, platforms, and how it’s being used.

Related Links

White Paper: The Challenge with Big Data
Blog Post: What Attorneys Should Know About Advanced AI in eDiscovery: A Brief Discussion
Podcast: AI and Analytics for Corporations: Common Use Cases
Blog Post: What is the Future of TAR in eDiscovery? (Spoiler Alert – It Involves Advanced AI and Expert Services)

About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for ediscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

Understanding Microsoft 365 Unindexed Items Nov 16, 2021

Show notes

Law & Candor co-hosts Bill Mariano and Rob Hellewell kick things off with Sightings of Radical Brilliance, in which they discuss a framework for building accountability into AI from an article in Harvard Business Review by Stephen Sanford.

In this episode, Bill and Rob are joined by James Hart of Lighthouse. They discuss this critical component of Microsoft 365 and its important role in maximizing the effectiveness of ediscovery workflows and mitigation strategies. Key questions from their conversation include:

What are unindexed items and how critical are they to efficiency in ediscovery workflows?
After identifying unindexed items, what is the next step and how do you approach it?
What are some key strategies for handling unindexed items?
How are different organizations approaching unindexed items from a policy perspective?
What are best practices for approaching this unique issue in Microsoft 365?

In conclusion, our co-hosts end the episode with key takeaways. If you enjoyed the show, learn more about our speakers and subscribe on the podcast homepage, rate us on Apple and Stitcher, and join in the conversation on Twitter.

Related Links

About Law & Candor

Law & Candor is a podcast wholly devoted to pursuing the legal technology revolution. Co-hosts Bill Mariano and Rob Hellewell explore the impacts and possibilities that new technology is creating by streamlining workflows for ediscovery, compliance, and information governance. To learn more about the show and our speakers, visit the podcast homepage.

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