EDISCOVERY FOR FEDERAL GOVERNMENT PRACTITIONERS

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1 EDISCOVERY FOR FEDERAL GOVERNMENT PRACTITIONERS Wednesday, June 25, 2014 Georgetown University Law Center Washington, DC CLE 7.0 CLE credit hours (based on a 60-minute credit hour) including 1.0 ethics 8.4 CLE credit hours (based on a 50-minute credit hour) including 1.2 ethics

2 10 Reasons Why You Should Attend This Program 1. Gain insight on how to work effectively with the DOJ to decrease the cost of discovery 2. Obtain practical lessons from a federal judge responsible for ruling on competency and due diligence 3. Attend ediscovery 101, a primer designed for those new to ediscovery 4. Learn directly from government investigators what they need when the government is the requesting party Program Summary Join thought leaders and colleagues from across the public sector for a collaborative electronic discovery and litigation technology conference held at Georgetown University Law Center, designed solely by and for federal government practitioners. Attendance is free for all full-time federal government employees. Government employees who would like CLE credit will be charged a $75 registration fee. Government practitioners play many roles in litigation and related arenas, including acting in situations where: The government is the requesting party in criminal and civil investigations The government is the producing party in litigation and in responding to FOIA and other forms of access requests The government is handling unique information governance issues while operating under challenging fiscal and technological constraints All these tasks must be conducted while maintaining an extensive knowledge of internal controls, regulatory requirements, and procurement guidelines that lead to end-of-mission success. In this era in which resources are scarce it becomes important to learn from your colleagues at other agencies so you can replicate their success and 5. Survey technological best practices and how to build your shop for your federal agency 6. Receive timely tips on cloud computing technology 7. Receive a complimentary education desgined specifically for federal government practioners 8. Learn about the similarities and differences between traditional FOIA and ediscovery 9. Examine the critical role information governance plays in the public sector 10. Develop your network of legal, technical, and government professionals who have challenges and responsibilities similar to your own

3 Program Agenda Wednesday, June 25, :30-9:05 a.m. Registration and Continental Breakfast 8:00-9:00 a.m. ediscovery 101: What is ediscovery and How Does it Affect My Work? (optional session) Learn the basics of ediscovery from information preservation, to data collection, to document production. Review the robust body of ediscovery case-law and procedural rules that apply to the use of litigation technology. Examine basic ediscovery law and practices that you will want to apply within your agency immediately. Adam Bain, Senior Trial Counsel, U.S. Department of Justice Allison C. Stanton, Director of ediscovery, FOIA, and Records, U.S. Department of Justice, Civil Division Leslie Wharton, Senior E-Discovery Counsel, U.S. Securities and Exchange Commission 9:05-9:10 a.m. Welcome & Introductions Lawrence J. Center, Assistant Dean, Georgetown Law 9:10-10:10 a.m. Partnering with DOJ: Practice Points and Guidance Learn how the partnership between DOJ and agency counsel is necessary not only to increase the efficiency and decrease the costs of discovery, but also to help advance the core missions of the respective agencies. Gain practical guidance on developing strategic plans for preservation, collection, processing, review and production. Receive updates on government ediscovery initiatives and resources. Sarah Himmelhoch, Senior Litigation Counsel for ediscovery, U.S. Department of Justice Allison C. Stanton, Director of ediscovery, FOIA, and Records, U.S. Department of Justice, Civil Division Tenille Washburn, Assistant General Counsel, U.S. Department of Housing and Urban Development 10:10-10:40 a.m. Networking Break

4 10:40-11:40 a.m. Concurrent Sessions Session A: Government as Requesting Party Explore the difference between the government seeking discovery in civil litigation and the government collecting information even before a lawsuit is filed. Learn your obligation when the government wants to meet and confer. Learn what special concerns you should have when framing requests for data or information. Examine the government s options when it receives a sweeping privilege-log in response to a discovery request. Gain a clear understanding of how Federal Rule of Evidence 502 helps advance discovery in a government case. Stacy Bogert, Senior Counsel, U.S. Securities and Exchange Commission Glenn Melcher, ediscovery & Information Governance Attorney, Office of Enforcement Consumer Financial Protection Bureau David Shonka, Acting General Counsel, U.S. Federal Trade Commission Kathleen Toomey, Senior Counsel, U.S. Department of Justice Session B: Privilege Courts have uniformly held that federal agencies may enter into privileged attorney-client relationships with their lawyers and protect communications from discovery in litigation. Even so, a number of other privileges also prevent disclosure. This panel will provide a primer to government privileges from the common law to FOIA Exemptions. Adam Bain, Senior Trial Counsel, U.S. Department of Justice Phil Lindenmuth, Senior Level Counsel, IRS Regina Sandler, Litigation Support Group, Supervisory Counsel, Federal Deposit Insurance Corporation 11:45 a.m. - 12:45 p.m. Concurrent Sessions Session A: FOIA and ediscovery Learn how traditional FOIA processes are both similar to and different from handling ediscovery requests in federal agencies. Assess the impact of recent case law importing ediscovery principles into FOIA. Grasp how FOIA can be better automated at the collection, review, and production stages of discovery. Melanie Ann Pustay, Director, Office of Information Policy, U.S. Department of Justice L. Benjamin Young Jr., Associate General Counsel, U.S. Department of Agriculture Session B: Agencies Doing ediscovery: Determining the Cost of ediscovery As data volumes grow at federal agencies, and significant ediscovery burdens encroach upon budget, benchmarking and cost-checking become more and more important to the government litigator. Come hear from this panel of agency ediscovery practitioners to hear an update on cost and benchmarking at federal agencies. David Gaston, Attorney-Advisor, U.S. Department of Agriculture Raymond Rivard, Information Technology Specialist, E-Discovery, Federal Deposit Insurance Corporation Leslie Wharton, Senior E-Discovery Counsel, U.S. Securities and Exchange Commission Josh Wood, Director of Litigation Support, U.S. Department of Justice Richard Sutton, Director, Office of Litigation Support, Environmen of Natural Resources Division, U.S. Department of Justice

5 12:45-1:50 p.m. Lunch (on your own) 1:50-2:50 p.m. Predictive Coding - Lessons Learned This panel will help to define strategies in light of practical experience, limitations, issues and recent court cases. Come hear from these federal agencies that are using predictive coding, computer assisted review (CAR) and technology assisted review (TAR) to effectively manage their document review for litigation response. Tracy Greer, Senior Litigation Counsel for ediscovery, Anti-Trust Division, U.S. Department of Justice Juliet M. Hanna, Associate General Counsel, Legal Department, Fannie Mae Carrie L. Holt, Litigation Support Specialist, U.S. Securities and Exchange Commission 2:50-3:50 p.m. Information Governance Learn what information governance means for the public sector. Hear what challenges appear when integrating records management, ediscovery, data privacy and data security. Discover the public sector equivalent of the C-Suite, and how to get its occupants interested in information governance. Gain inside information on what impact the President s Memorandum and the OMB/Archivist Directive on Records Management will have on your agency. Review current issues such as: how mobile technologies and bring-your-own-device policies are working; and what constitutes defensible deletion of records and information from shared drives and other places. 3:50-4:00 p.m. Networking Break 4:00-5:00 p.m. Ethics of ediscovery for the Federal Government Practitioner Gain an overview of ethical and other duties under the ABA Model Rules and Federal Rules. Topics for discussion include: competency and commentary to ABA Model Rule 1.1, due diligence, expediting litigation, candor, fairness, confidentiality, as well as privilege issues and duties imposed by the Federal Rules. Learn common violations and consequences, including a Rule 26 Conference. Obtain a judicial perspective of what conduct is frowned upon by the court. Receive practical tips for fulfilling your ethical duties and building credibility with the court including: technical competence, cooperation, and proportionality. Hon. John M. Facciola, Magistrate Judge, U.S. District Court for the District of Columbia 5:00 p.m. Adjournment Hannah Bergman, Assistant General Counsel, National Archives and Record Administration Meg Phillips, External Affairs Liason, National Archives and Records Administration

6 Program Details About Georgetown Law CLE Georgetown Law CLE has an established tradition with over 30 years of experience providing the legal community high quality programs. Our programs are developed with the profession s ever-changing needs in mind, while at the same time meeting the mandatory CLE requirements of various state bars. Located in the heart of the nation s capital, we feature the country s leading officials, judges and practitioners. Disclaimer Speakers are subject to change. Services for People with Special Needs or Dietary Restrictions Call (202) or Cancellations/Rain Checks/Substitutions Please fax your cancellation notice to (202) or to georgetown.edu by 5:00 pm EST on Wednesday, June 18, 2014 for a refund (less $100 administrative fee; $25 administrative fee for full-time federal government attendees seeking CLE credit). Rain checks for a future program may be granted for cancellations received after June 18, and prior to the start of the program. Substitutions are accepted at anytime prior to the program. Course Materials Course materials will be provided to you by prior to the program. Registrants will receive an from the Georgetown Law CLE office approximately one week before the program with additional instructions regarding how to access the course materials. Registrants will recieve an from the Georgetown Law CLE office approximately one week before the program with additional instructions regarding how to access the course materials. CLE Credits: Accreditation has been or will be requested for ediscovery for Federal Government Practitioners from states with mandatory continuing legal education requirements for 7.0 CLE credits including 1.0 ethics (based on a 60-minute hour) and 8.4 CLE credits including 1.2 ethics (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California approved MCLE provider. Please note that this program is eligible for only Nontransitional CLE credit in New York. This program is not eligible for Transitional credit. Some states require nominal accreditation fees. You will be asked to submit payment at the program s conclusion. Planning Committee CO-CHAIRS David Shonka Acting General Counsel U.S. Federal Trade Commission, Washington, DC Allison C. Stanton Director of E-Discovery, FOIA, and Records Office of the Assistant Attorney General U.S. Department of Justice, Civil Division Washington, DC MEMBERS David K. Gaston Attorney-Advisor U.S. Department of Agriculture, Washington, DC Juliet M. Hanna Associate General Counsel Fannie Mae, Washington, DC Glenn Melcher ediscovery and Information Governance Attorney Office of Enforcement Consumer Financial Protection Bureau Washington, DC Patrick Oot Partner Shook, Hardy & Bacon L.L.P, Washington, DC Robert D. Snow Jr. Counsel, Litigation Support Group Federal Deposit Insurance Corporation Arlington, VA Satisfaction Guarantee We are confident that you will leave this conference with more than enough ideas and insights to make your investment pay off. However, if you feel you have not received your money s worth by the end of the program, please contact a member of our registration team before leaving the conference. All refund requests will be carefully reviewed and are subject to approval by the Assistant Dean.

7 Registration Form PLEASE PRINT OR TYPE. Payment must accompany registration. ediscovery for Government Practitioners (June 25, 2014) $2,500 Non-Sponsoring Vendor* $595 Law Firm Attendee $395 Corporate In-House Attendee Complimentary Full-time Federal Government Attendee (NOT including CLE credit) *Sponsorships for this program remain available and begin at $5,000. Each sponsorship includes two conference registrations, as well as other benefits. For more information please contact $75 Full-time Federal Government Attendee (Including CLE credit) Mr. Ms. NAME ADDRESS FIRM / ORGANIZATION / GOVERNMENT AGENCY ADDRESS CITY STATE ZIP ( ) PHONE ( ) FAX CLE credit? Yes No What state(s)? Feel free to copy this form and pass it along to your associates. Do you plan to attend the optional ediscovery 101 session? Yes No THREE WAYS TO REGISTER: 1. ONLINE at 2. MAIL with check payable to Georgetown Law CLE to address below. Check enclosed # $ Purchase order may be attached to this form # 3. FAX to (credit card/po registrations only) Charge registration fees to my credit card: CARD # EXPIRES SIGNATURE Georgetown University Law Center Continuing Legal Education 600 New Jersey Avenue, NW Washington, DC (202)

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