Advanced E-Discovery Institute In Cooperation with The Sedona Conference

Transcription

1 My first experience at this conference. I hope it s not my last. Very, very informative. It was well suited and delivered for all people in the legal profession participant 7th Annual Advanced E-Discovery Institute In Cooperation with The Sedona Conference November 18-19, 2010 The Ritz-Carlton, Pentagon City ~ Arlington, VA CLE credit will be available. Follow us!

2 Thursday, November 18 n 7:30-8:15 am Registration and Continental Breakfast n 8:15-8:30 am Welcome and Introductions n 8:30-9:30 am Keynote Address: Conquering the Obstacles of E-Discovery Lessons Learned from the Seventh Circuit Pilot Program Hon. James F. Holderman Chief Judge, United States District Court for the Northern District of Illinois and co-creator, 7th Circuit E-Discovery Pilot Program n 9:30-10:00 am n 10:00-11:15 am E-Discovery Case Law Update We have continued to see a dramatic increase in the number of reported decisions addressing a wide variety of e-discovery issues. Our expert panel of judges from across the country will discuss the hottest cases and trends, taking into account up-to-the-moment developments. Kenneth J. Withers Hon. James M. Rosenbaum Hon. Shira A. Scheindlin Hon. John M. Facciola Hon. Nan R. Nolan Hon. Andrew J. Peck Agenda n 11:15 am-12:15 pm Proportionality: Is it Real or a Paper Tiger? Proportionality has been touted as a key tool for reducing the rising costs associated with e-discovery. While procedural rules provide fertile opportunities to implement the concept of proportionality, there is significant confusion about what proportionality is, what are the relevant metrics and when and how it should be raised. This panel will analyze those issues from the perspectives of plaintiff s counsel, defense counsel and the court. Kevin F. Brady Hon. Andrew J. Peck Hon. Joseph R. Slights, III Conor R. Crowley Joseph P. Guglielmo n 12:15-1:30 pm Lunch (On your own) n 1:30-2:45 pm Concurrent Focus Sessions A. Privilege Reviews: Has FRE 502 De-Clawed Traditional Privilege Review Practices and Costs? Two years into the enactment of FRE 502, do litigants really feel safer about how they handle privilege review? Has FRE 502 achieved its goal of reducing review costs? Has it actually changed the way ESI is reviewed? This session will survey recent case law developments and state law equivalents, interpretations of 502 s reasonableness standard for inadvertent waiver, creative uses of 502, best practices for protective orders and reducing the burdens of creating privilege logs. Patrick L. Oot Hon. Elizabeth D. LaPorte James A. Batson Michelle Greer Galloway John J. Rosenthal B. Hot Topics for Corporate Counsel More corporations than ever are taking the litigation bull by the horns with handson e-discovery management. Learn from forward-thinking corporate counsel about what is top of mind with respect to e-discovery, including: Whether and why companies are making investments to in-source e-discovery management and technologies, and how those initiatives are working? How are companies engaging with outside counsel and vendors on e-discovery issues? How are in-house counsel working with business decisionmakers regarding e-discovery risks and trends? Dennis Browne Courtney Ingraffia Barton Jay Brudz Dawson Horn, III Pamela C. Williams C. The Business of E-Discovery What often is not discussed in the billion-dollar-a-year e-discovery industry is how law firms, corporations and vendors are structured to successfully compete in this rapidly evolving sector. This panel will address the following questions, among others: Where is the line between legal and non-legal services? Which e-discovery services warrant commodity versus premium pricing? How are law firms addressing e-discovery risks and challenges? What business models in this space have already become obsolete? What opportunities and trends will emerge in the next six months? One year? Five years? Jonathan M. Redgrave Monica Bay Robert A. Eisenberg Mark E. Michels Robert D. Owen n 2:45-3:10 pm 2010 Institute Sponsors AlphaLit Daegis DiscoverReady LLC Navigant Consulting, Inc. Recommind TCDI TechLaw Solutions

3 n 3:10-4:25 pm Concurrent Focus Sessions A. Evidence, Authenticity and Admissibility With continuing advancements in technology and as the stark differences between paper and electronic documents continue to evolve, traps for ensuring the admissibility of ESI as evidence continue to abound. This panel of evidence experts will address the foundations of getting ESI admitted into evidence, as well as practical pointers for using ESI to win your case. David J. Kessler Hon. John M. Facciola Prof. Stephen A. Saltzburg Barbara Van Gelder Kenneth L. Wainstein B. Not Just EU Privacy: A Global View on International E-Discovery Globalization and the geographic proliferation of ESI have led to an increase in discovery of ESI located outside the United States, presenting practitioners with complex legal, cultural and linguistic challenges. While touching upon data privacy and regulatory issues in the European Union, this session will also focus on other, just as important, international issues such as the challenges of multi-lingual data sets, cultural differences in addressing discovery and dealing with discovery in Asia, Canada and Eastern Europe. Browning E. Marean Seamus E. Byrne Chris Dale Amor A. Esteban Dominic Jaar C. ESI in Criminal Proceedings High stakes criminal investigations involving ESI can present unique challenges and risks not faced in civil litigation. This is especially true in international Foreign Corrupt Practices Act inquiries, which is an increasing focus of the U.S. Department of Justice and the Securities and Exchange Commission. Learn how to manage ESI preservation, collection and production challenges in complex criminal matters like an FCPA investigation. These issues will be addressed from the judicial, government and private practitioner perspectives. Hon. James C. Francis Hon. Joseph R. Slights, III Andrew D. Goldsmith Kimberly A. Parker Edward A. Rial n 4:30-5:30 pm Concurrent Focus Sessions A. Handling E-Discovery in Class Actions and in Large Complex Cases Class actions and large, complex litigation matters pose unique problems when it comes to handling e-discovery because they may involve hundreds, if not thousands, of potential custodians and enormous volumes of data. In these cases, it is critical to develop thoughtful, defensible, and cost effective strategies to identify, collect and produce the ESI that is central to the dispute. Our expert panel will discuss methods for dealing with e-discovery in complex cases, such as: bifurcating or phasing discovery, using sophisticated tools to identify critical information and managing a case with an unusually large number of potential custodians and massive amounts of data. Martin J. Jaron, Jr. Hon. James M. Rosenbaum Adam I. Cohen Michael E. Lackey, Jr. Ariana J. Tadler B. New E-Discovery Initiatives: What Lies Ahead? Not all e-discovery developments come from the courtroom; some of the most noteworthy arise by rule-making committees, think tanks, and other policy-influencing bodies. Activity from these sources has been at an all-time high in 2010 including the Judicial Conference Advisory Committee s Duke Conference regarding the need for further changes to the FRCP, state rule revisions, surveys and papers by thought-leading organizations identifying problems and potential solutions, and data from Phase I of the Seventh Circuit Pilot Program. Representatives involved with these initiatives will discuss recent activities and share their thoughts about what will happen in the future. Hon. John L. Carroll Hon. Nan R. Nolan Thomas Y. Allman Rebecca L. Kourlis C. Early Evidence Assessment and Strategies for Search, Retrieval and Review Our expert panel will discuss advances in assessment technologies and practices that permit identification of ESI characteristics and analysis of legal risks and challenges at the beginning of a matter. They will show how that knowledge translates to advantages in determining and negotiating the scope of ESI to be preserved, reviewed and produced in discovery. The panel will also identify strategies to implement defensible search and culling processes with sampling techniques and other metrics. Laura M. Kibbe Vincent M. Catanzaro Sherry B. Harris Thomas M. Mueller Steven W. Teppler n 6:00-10:00 pm Pizza Party Co-sponsored by the ediscovery Institute Join fellow Institute participants for networking while enjoying pizza and live entertainment. The Pizza Party is a ticketed event. Please visit with an Institute sponsor to obtain your ticket. Friday, November 19 n 8:00-8:30 am Continental Breakfast n 8:30-10:00 am 2010: A Sanctions Odyssey The e-discovery sanction landscape is developing more rapidly than ever. What were once considered developing e-discovery standards and practices are now firmly entrenched, and those subject to being sanctioned have expanded from the parties themselves to outside and in-house counsel. During this session, hear from the authors of recent landmark opinions (Pension Committee, Rimkus Consulting Group) as well as practitioners who address issues from both plaintiffs and defendants perspectives. Analyze standards that apply to spoliation claims and receive tips about specific actions that can be taken to mitigate risks for clients and counsel alike. Ronald J. Hedges Hon. Shira A. Scheindlin William P. Butterfield Jeane A. Thomas Paul D. Weiner

4 n 10:00-10:30 am n 10:30 am-11:45 am Technology Focus Databases Databases run the world: everything from to airline tickets to cell phone text messages lives in an ever-changing database. When databases contain ESI relevant to litigation, how do you advise on preservation, search, collection, review and production? Counsel must know enough about databases to choose the best approach for the matter, which begins with an understanding of database structure and unique terminology. This session will introduce you to various types of databases typically encountered during e-discovery. You ll learn everything you ve always wanted to know about databases but were afraid to ask -- from the desktop to the enterprise. Craig D. Ball Prof. Ophir Frieder n 11:45-12:15 pm Box Lunch Distribution n 12:15-1:30 pm Ethics Game Show: Some Real World E-thical Issues Ethics can be challenging, but why can t it be fun too? Join us for this highly interactive look at some of the most bizarre and unusual -- yet true -- e-ethics quandaries in a game show format. Learn what happens when ESI crosses paths with the ABA Model Rules of Professional Conduct in cases you won t believe actually happened. Find out how to avoid ethical traps for the unwary when dealing with ESI. Match wits with our seasoned panel -- and your fellow audience members -- and see if you can take home one of our exciting prizes. You are guaranteed to leave this session more ethical than when you arrived! Jeremy R. Feinberg Hon. James C. Francis Hon. Paul W. Grimm Maura R. Grossman n 1:30-1:45 pm n 1:45-3:00 pm The E-Discovery Emerging Technology Forecast: Partly Cloudy, Partly Wiki, with High Probability of Scattered Information Tsunamis Relevant ESI is no longer limited to , e-docs and databases stored on a client s individual network, but now routinely includes ESI in environments known as cloud computing, Web 2.0 (social media), Web 3.0 (semantic web), virtualization and beyond. What are the challenges for preservation, collection and production in these environments for both providers and data owners? What is the impact of developing case law, including the Supreme Court s review of Ontario v. Quon? Our expert panel will examine these and other critical issues. Jason R. Baron Hon. Francis M. Allegra Theresa Beaumont Tanya L. Forsheit Daniel L. Regard n 3:00-3:15 pm n 3:15-4:30 pm Judicial Roundtable A Georgetown tradition, our program closes with an open-agenda roundtable discussion among leading judges in the field of e-discovery, featuring questions from the audience. No one can predict exactly where the dialogue will go, but topics may include: What do judges expect from parties and counsel handling e-discovery issues? What judicial management methods are working and not working? How can the bench and the bar most effectively train both counsel and courts to deal with complex e-discovery and technical issues? Are lawyers and courts getting it? To better serve you, all course materials will be provided to you electronically by prior to the program. Benefits of downloadable course materials include: Hon. John M. Facciola Hon. Francis M. Allegra Hon. James M. Rosenbaum Hon. Shira A. Scheindlin Hon. James C. Francis Hon Paul W. Grimm Hon. Elizabeth D. LaPorte Hon. Nan R. Nolan Hon. Andrew J. Peck Hon. Joseph R. Slights, III n 4:30 pm Closing Remarks and Adjournment 1. Effortless search features. Save time by keyword searching downloadable course materials, rather than flipping through a course book. 2. More in-depth content. Without page constraints, speakers will have the opportunity to provide more comprehensive materials. 3. Easily transportable. You no longer have to lug around that heavy course book. Download the materials to a flash drive or laptop, or only print the articles you need. Additionally, you can revisit materials online even after the program has concluded. 4. Help save the environment. With materials in an eco-friendly format, review the materials in advance and print only those that you find helpful. n About Georgetown Law CLE Georgetown Law CLE has established over a thirty year tradition 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. n About The Sedona Conference The Sedona Conference is a 501(c)(3), nonprofit law and policy think tank based in Sedona, Arizona, focusing on antitrust law, complex litigation, and intellectual property rights. Its Working Group on Electronic Documents produced The Sedona Principles for electronic document production and numerous other commentaries on ediscovery. For further information on The Sedona Conference, its Conferences or Working Groups, go to

5 Advisory Board & Speakers Jason R. Baron National Archives & Records Administration College Park, MD Courtney Ingraffia Barton Senior Discovery Counsel AOL LLC Advisory Board Co-Chairs Kevin F. Brady Connolly Bove Lodge & Hutz LLP Wilmington, DE Robert A. Eisenberg Precise, Inc. / Hon. John M. Facciola Magistrate Judge District of Columbia Jonathan M. Redgrave Nixon Peabody LLP Planning Co-Chairs Jeane A. Thomas Crowell & Moring LLP Paul D. Weiner Littler Mendelson PC Philadelphia, PA Judges Hon. Francis M. Allegra U.S. Court of Federal Claims Hon. James C. Francis Southern District of New York Hon. Paul W. Grimm Chief Magistrate Judge District of Maryland Baltimore, MD Hon. James F. Holderman Chief Judge Northern District of Illinois Chicago, IL Hon. Kent A. Jordan U.S. Court of Appeals, Third Circuit Wilmington, DE Hon. Elizabeth D. LaPorte Magistrate Judge Northern District of California San Francisco, CA Hon. Nan R. Nolan Magistrate Judge Northern District of Illinois Chicago, IL Hon. Andrew J. Peck Magistrate Judge Southern District of New York Hon. James M. Rosenbaum District of Minnesota Minneapolis, MN Southern District of Texas Houston, TX Hon. Shira A. Scheindlin Southern District of New York Hon. Joseph R. Slights, III Superior Court of Delaware Wilmington, DE Board Members & Speakers Thomas Y. Allman Cincinnati, OH Mark L. Austrian Kelley Drye & Warren LLP Craig D. Ball Law Offices of Craig D. Ball, P.C. Austin, TX James A. Batson Liddle & Robinson, LLP Monica Bay Editor-in-Chief Law Technology News American Lawyer Media Theresa Beaumont Discovery Counsel Google Inc. Mountain View, CA Allison L. Brecher Marsh & McLennan Companies, Inc. Dennis Browne Associate General Counsel, Litigation Capital One Services, LLC Richmond, VA Jay Brudz Senior Counsel, Legal Technology General Electric Company Fairfield, CT William P. Butterfield Hausfeld LLP Seamus E. Byrne Associate Director KordaMentha Melbourne, Victoria, Australia Vincent M. Catanzaro DuPont Legal Wilmington, DE Hon. John L. Carroll Cumberland School of Law Samford University Birmingham, AL Adam I. Cohen FTI Consulting

6 David R. Cohen Kirkpatrick & Lockhart Preston Gates Ellis LLP Pittsburgh, PA Matthew I. Cohen AlixPartners LLC Conor R. Crowley Law Offices of Conor R. Crowley McLean, VA Chris Dale The e-disclosure Information Project Oxford, United Kingdom M. James Daley Daley & Fey, LLP Overland Park, KS Carol L. Eoannou BNA, Inc. Arlington, VA Amor A. Esteban Shook Hardy & Bacon, LLP San Francisco, CA Jeremy R. Feinberg Statewide Special Counsel for Ethics and the Commercial Division NY Office of Court Administration Tanya L. Forsheit InformationLawGroup Los Angeles, CA Carmen Oveissi Field Daylight Forensic & Advisory LLC Prof. Ophir Frieder Professor and Chair Department of Computer Science Georgetown University Michelle Greer Galloway Cooley Godward Kronish LLP Palo Alto, CA Andrew D. Goldsmith National Criminal Discovery Coordinator U.S. Department of Justice Gilbert O. Greenman Williams & Connolly LLP Maura R. Grossman Wachtell, Lipton, Rosen & Katz Joseph P. Guglielmo Scott + Scott LLP Sherry B. Harris Richmond, VA Ronald J. Hedges Attorney at Law Dawson Horn, III Tyco International (US), Inc. Princeton, NJ Dominic Jaar Ledjit Consulting, Inc. Montreal, Canada Martin J. Jaron, Jr. Holland & Knight LLP McLean, VA Anne Kershaw A. Kershaw, PC//Attorneys & Consultants Tarrytown, NY Gilbert S. Keteltas Howrey LLP David J. Kessler Drinker Biddle & Reath, LLP Philadelphia, PA Laura M. Kibbe Senior Vice President Document Review Services Epiq Systems Donnie L. Kidd, Jr. Law Offices of Donnie Kidd Tysons Corner, VA Mark R. Koehn Paul, Hastings, Janofsky & Walker LLP Rebecca L. Kourlis Executive Director Institute for the Advancement of the American Legal System University of Denver Denver, CO Michael E. Lackey, Jr. Mayer Brown, LLP David J. Lender Weil, Gotshal & Manges LLP Browning E. Marean DLA Piper, LLP San Diego, CA James L. Michalowicz ACT Litigation Services Valencia, CA Mark E. Michels Cisco Systems, Inc. San Jose, CA Thomas M. Mueller Morrison & Foerster, LLP Patrick L. Oot Co-Founder & General Counsel The Electronic Discovery Institute Fort Lauderdale, FL Timothy M. Opsitnick JurInnov Ltd. Cleveland, OH Robert D. Owen Fulbright & Jaworski, L.L.P. Kimberly A. Parker WilmerHale, LLP Daniel L. Regard Intelligent Discovery Solutions, Inc. Mark V. Reichenbach Practice Support Manager Proskauer Rose, LLP Edward A. Rial Deloitte Financial Advisory Services LLP Jeffrey B. Ritter Waters Edge Consulting Reston, VA Herbert L. Roitblat OrcaTec LLP Ojai, CA John J. Rosenthal Winston & Strawn LLP George Rudoy Shearman & Sterling LLP Prof. Stephen A. Saltzburg The George Washington Law School Ariana J. Tadler Milberg LLP Steven W. Teppler Edelson McGuire, LLC Chicago, IL Barbara Van Gelder Morgan, Lewis & Bockius LLP Ellen M. Voorhees National Institute of Standards & Technology Gaithersburg, MD Kenneth L. Wainstein O Melveny & Myers, LLP Pamela C. Williams Vice President & Counsel WellPoint Indianapolis, IN Kenneth J. Withers Director of Judicial Education & Content The Sedona Conference Phoenix, AZ

7 Program Details Registration Form Hotel Reservations A block of rooms has been held at the following hotel. These rooms will be held as a block, unless exhausted, until Monday, October 18, 2010 at which time they will be released to the general public. Please be sure to mention the Georgetown Advanced E-Discovery Institute room block to receive the room rate below. Ritz-Carlton, Pentagon City 1250 South Hayes Street Arlington, VA (800) Room rate: $249 Disclaimer Speakers are subject to change. Services for People with Special Needs or Dietary Restrictions Call (202) Scholarships Georgetown Law CLE makes every effort possible to provide equal educational opportunities to all. We provide a limited number of scholarships on a case-by-case basis. Apply online at or submit written request no later than 5:00 pm on Monday, October 18, 2010 to: Scholarship Committee Georgetown Law CLE 600 New Jersey Avenue, NW or fax to (202) Cancellations/Rain Checks/Substitutions Please fax your cancellation notice to (202) or to cle@law. georgetown.edu by 5:00 pm on Friday, November 12, 2010 for a refund (less $100 administrative fee). Rain checks for a future program will be granted for cancellations received after November 12 and prior to the start of the program. Substitutions are accepted at any time prior to the program. Course Materials As part of Georgetown Law s efforts to go green, all course materials will be provided to you electronically by prior to the program. Please note you will not receive a hard copy book or CD-ROM including the materials, unless you indicate so on your registration form for an additional fee. Additionally, there will not be a printer available on site for printing. We encourage you to download the course materials and pre-print any materials you would like to reference during the program. Please consider the environment before printing your materials. Money-Back 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, simply contact a member of our registration team at the conference or call (202) and we will process a 100% refund for your registration fee! CLE Credits Accreditation will be requested for this program from states with mandatory Continuing Legal Education requirements for 13.0 CLE credits (based on a 60-minute hour), including 1.0 hour of optional ethics credit and 15.5 CLE credits (based on a 50-minute hour), including 1.0 hour of ethics credit. 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. Some states require nominal accreditation fees. You will be asked to submit payment at the program s conclusion. PLEASE PRINT OR TYPE. Payment must accompany registration. Advanced E-Discovery Institute o $1195 Early-Bird Registration (before Oct. 18, 2010) o $1295 Regular Registration o $1095 Georgetown Law Alumnus class of o $695 Government Registration Name: o Mr. o Ms. address: (please print clearly) Firm/Organization: Address: City: State: Zip: Phone: ( ) Fax: ( ) CLE credit? o Yes o No What state(s)? Feel free to copy this form and pass it along to your associates. o Sponsors and exhibitors will be participating in this Institute. Please check the box if you do not want us to share your information with them. Your priority code is: Help us expedite your registration! Enter the characters appearing on the top of the mailing label. Please enter this code even if the label is addressed to someone else. Thank you! I cannot attend, but send me: o Digital Course Materials $149 o CD Course Materials (text only) $199 o Hard Copy Course Materials $199 o Audio CD $399 o Audio CD & CD Course Materials $499 For CD-ROM and course materials, individuals or firms with a DC address should add 6.0% sales tax, VA 5.0%, NY 7.0%, MD 6.0%, and PA 6.0% (or 7.0% if from Philadelphia or Allegheny County). FOUR WAYS TO REGISTER: 1. ONLINE 2. MAIL with check payable to Georgetown Law CLE to address below. Check enclosed # $ or purchase order may be attached to this form # 3. FAX to (credit card/po registrations only) o VISA o MC o AMEX Card #: Expiration Date: Signature: 4. PHONE to (credit card registrations only) Georgetown University Law Center Continuing Legal Education 600 New Jersey Avenue, NW

8 7th Annual Advanced E-Discovery Institute In Cooperation with The Sedona Conference November 18-19, 2010 The Ritz-Carlton, Pentagon City Arlington, VA Georgetown University Law Center Continuing Legal Education 600 New Jersey Avenue, NW Non-Profit U.S. Postage PAID Wash., D.C. No Attention Mail Room: If the individual whose name is on the label is no longer employed, please forward this material to the successor. Why You Should Attend The continuing recession has motivated corporations, law firms, government agencies and service providers to reduce costs wherever possible, including the challenging sphere of e-discovery. Today s economy requires many organizations to maintain specialists in-house or retain outside consultants to oversee an e-discovery process that is financially sound and legally defensible. Adding pressure to these financial constraints are the increasingly common threats of spoliation sanctions, massive pre-trial expenses and professional liability, all of which have made too real the potential of serious repercussions for anyone working in the field of e-discovery. This perfect storm demands that practitioners learn how to reduce expenses and risk while delivering quality and defensible results and capitalizing on the benefits of best practices. By attending the Advanced E-Discovery Institute, you will be able to focus on today s pressing legal issues with professionals from around the world. You will receive advice from the leading experts in e-discovery, including more judicial speakers than at any other e-discovery CLE program in the country. At the 2010 Institute, you will: Identify the most efficient, economical and defensible approaches to preservation, collection, processing, review and production of electronic discovery Analyze the developing case law of e-discovery Develop the know-how to control e-discovery costs without compromising defense-ofprocess Learn the true impact of FRE 502 on the document review process and its effect on the high cost of privilege review Explore how corporations have taken e-discovery in-house and its impact on litigators, vendors, other members of the e-discovery community Examine how to manage ESI preservation, collection and production challenges in complex criminal matters, including FCPA investigations Learn to grapple successfully with the unique and highly problematic e-discovery issues arising in class actions and large complex cases Explore the universe of early evidence assessment technologies and strategies for search, retrieval and review Journey through the realm of spoliation practice and learn how to avoid the dangers that await the uninitiated Receive tips on your e-discovery practice directly from the judges during our popular judicial roundtable Plus much more with the opportunity to customize your learning experience with concurrent focus sessions This annual program has a very practical and ambitious goal to provide all attendees with the knowledge base and accessible skill set to practice effective, cost-efficent, highly defensible e-discovery. Who Will be Attending n Federal judges n State court judges n Plaintiff lawyers n Defense lawyers n In-house counsel n Litigation support professionals n IT professionals n E-Discovery service providers and consultants