EDI LEADERSHIP SUMMIT

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1 The Third Annual EDI LEADERSHIP SUMMIT Tuesday, October 15 - Thursday, October 17, 2013 The Loews Santa Monica Beach Hotel Santa Monica, California Attendee Prospectus

2 The 2013 EDI Leadership Summit About the Summit: The EDI Leadership Summit is the definitive relationship building event bringing together a delegation of high-level decision-makers from legal, technology and information governance groups. The Summit is neither a trade show, nor just a continuing legal education forum, but rather an environment developed to foster long-lasting relationships. Participate in panel discussions, breakout sessions, workshops and networking activities while leveraging the latest information and gaining new perspectives on discovery, litigation management, data preservation and other current legal technology issues. I thought that EDI pulled off a truly first class event. The fact that there is a variety of people with different backgrounds and different connections with ediscovery makes for a very well rounded discussion with many different perspectives. -Associate General Counsel, TransCanada Past Attendee Profiles: Media Outlets 1% Judges 3% Federal Agency Attorneys 13% Consultants 7% Law Firm Partners 19% Service Providers 19% Corporate Decision Makers 39% Other 1% Service Providers 23% Law Firm Partners 17% Consultants 5% Academic, Government & Judicial Attendees 10% Corporate Decision Makers 43% Attendee Prospectus

3 TUESDAY OCTOBER 15, :00-6:00 p.m. Registration 7:00-9:00 p.m. Welcome Reception WEDNESDAY OCTOBER 16, :45-8:30 a.m. Breakfast 8:30-8:35 a.m. Opening Remarks 8:35-10:10 a.m. Plenary Session Order in the Summit! The Judges Forum Moderated by BlackBerry Chief Legal Officer Steve Zipperstein, this panel will focus on proportionality while providing judicial perspectives on costs, burdens, and sanctions. Hear from four federal district court judges as they provide their advice and commentary on the state of discovery practice in federal district court. 10:10-10:20 a.m. 10-Minute Refreshment Break 10:20-11:20 a.m. Breakout Sessions Perspectives on Global Privilege The laws protecting attorney client and work product privileges are different from state to state, let alone in international litigation. This panel will help discuss the strategies and techniques to identify privilege and protect information from inadvertent disclosure in cross-border litigation. Conducting Security Audits of Outside Counsel & Service Providers A corporation s most sensitive data often ends up at law firms and the service providers that support them yet very few legal teams conduct regular and thorough security audits of their outside contractors. Come hear about practices and ideas to help ensure that your data secrets are safe and secure. ISO 9001 & Beyond: Should Practitioners Consider New Standards in ediscovery & Information Governance? The practice of law is a roadmap of disparate and ad-hoc standards of reasonableness and good faith. Recently, process managers have focused on Quality Management Systems (QMS) to assist in better developed systems for records management, security, and even document review. What s on the horizon? Come hear from this panel of experts as they discuss the benefits and costs in deploying heightened standards. Mock Negotiation with the Government Regarding Discovery Issues at the discovery negotiating table are becoming more and more complex when managing a case or investigation with regulators. Do you disclose your protocol? Do you disclose the use of technology? How about a sample of non-responsive documents? What about a quick peek? Learn techniques that promote transparency while supporting the interest of your client in this year s mock session. 11:20-11:30 a.m. 10-Minute Refreshment Break 11:30-12:30 p.m. Breakout Sessions Benchmarking Big Data Analytics from Legal Spend Data The role of legal operations managers has taken on a key position in the business continuity of the law department. In a time where there is immense pressure to reduce costs, different organizations have developed new techniques. Predictive models are not only useful in document review, they can help litigators determine settlement early on. Imagine the negotiating power with real time spend reports on not only outside counsel, but ediscovery costs, risk assessments, and capital requirements with benchmarks to what other firms are spending. Data Protection Protocols in the Era of HIPPA & ObamaCare The advent of the next phase of HIPPA and new requirements of the Patient Protection and Affordable Care Act present unique issues for those that handle patient data. From insurers right down to retailers the requirements place significant process adjustments around traditional EDRM response. Hear from this panel of experts as they explain the need for attention in this area. Information Governance 101: Formulating an InfoGov Program Bring Your Own Device? What s next? As the lines for data boundaries blur between inside and outside the firewall, large organizations need to better manage their information assets with programs that include containment, stewardship, risk analysis, and return on investment. Join this panel to obtain profoundly important InfoGov benchmarks and begin your organizations jumpstart into the world of InfoGov.

4 Border Patrol: In-House Perspectives for Managing Global ediscovery Whether you re conducting an internal investigation or collecting materials for a US-based litigation, it is important to follow proper protocols. Come hear from this panel of experts that can assist you in developing a response plan that best fits cross-border discovery. 12:30-12:40 p.m. 10-Minute Shuffle 12:40-1:00 p.m. Lunch 1:00-2:10 p.m. Plenary Session Civil Rules Committee Update from LCJ Back by popular demand and led by EDI President Robert Owen, this panel will feature corporate counsel and academics who will discuss the current status of the amendment process and the discussion on trigger, scope, and sanctions. 2:10-2:20 p.m. 10-Minute Shuffle 2:20-3:20 p.m. Breakout Sessions Investing in Social & Diversity Programs Most understand the benefits achieved from social wellness programs. While these programs might not be core legal functions they are just as important as any business function. Communities support those organizations that represent positive ideals including a workforce that is both diverse and willing to support local non-profits and communities in need of assistance. Learn how to energize your team with easy policies and initiatives that can generate positive good will for your team. Postmortem Case Study: The Anatomy of a Data Intrusion Every time you hear about data intrusions in the news, you always wonder how it happens. Come hear from this excellent panel of Information Technology, Security, and Legal experts on how hackers get in what they do when they get in and a few tips on how to react when you have identified a data breach. Case Study: The Intersection of Information Governance, Information Security, & ediscovery From defensible deletion to data intrusion, tightly controlled information lifecycle management is important to minimize both litigation risk and security issues. Hear from these four corporate practitioners as they convey their best practices and rules of the road on how to tie it all together. What You Must Know About Privacy & How to Roll Out a Privacy Plan Companies are processing ever-increasing volumes of customers, employees and suppliers personal data, often without understanding the rules, regulations and risks they face. Data breaches are being reported almost daily, with personal information being compromised at companies of all sizes and business types. If your company hasn t seriously evaluated the privacy and data protection risks it faces and implemented a privacy plan to address those risks, now is the time to do so. 3:20-3:40 p.m. 20-Minute Refreshment Break 3:40-4:40 p.m. Plenary Session The Chambers Rated Legal Jeopardy! Throwdown What better way to close out an afternoon than with cocktails and Alex Trebek? Well, Alex doesn t have a finger on the buzzer of legal technology like LTN s Craig Ball, so Craig has agreed to act as our host quizzing these Chambers rated lawyers. Even better, the entire delegacy will be participating in Final Jeopardy with the opportunity to win the very same prize as the winning contestant. THURSDAY OCTOBER 17, :45-8:30 a.m. Breakfast 8:30-8:35 a.m. Day Two Announcements 8:35-10:10 a.m. Plenary Session The Judges Debate Returns Back by popular demand and what was regarded by many as the best panel on e-discovery in 2012 is the Judge s debate. We are fortunate that these leading jurists have agreed to return to the podium to lead another thought provoking session on this year s issues in technology and the law. 10:10-10:20 a.m. 10-Minute Refreshment Break 10:20-11:20 a.m. Breakout Sessions Building & Rewarding an Effective Team in an Economic Downturn In a time when the department leaders are under immense pressure to do more with less, it can be challenging to keep employees motivated and engaged. If you are responsible for managing staff in your organization, this is one discussion you won t want to miss. Expect to leave with real takeaways on how to better engage your staff and keep employee morale high.

5 Playing with House Money: How Can I Do More Work with Less Budget? This session will take a fresh look at ways to spend less on discovery, and squeeze the most out of the dollars that are spent. As the volume of ESI keeps increasing, does the old advice still hold up? What are some new approaches that are proving successful? Are predictive coding and TAR really the answer? If the proposed amendments to the federal rules go into effect, will an increased focus on proportionality and cooperation make a significant difference? What kinds of alternative fee/cost arrangements are working with law firms and service providers? Data Breadcrumbs: Remote Workplaces, BYO Devices, & Alternative Work Schedules As HR and IT roll out more and more soft benefits for the changing work force, even more problems come up when managing the employer-employee relationship. Issues pop when the employee s technology world becomes a blended experience. Come hear from these experts as they update you on the latest issues in user data management. Working with the Government in an Investigation In the second part of our government investigations series, we discuss how certain agencies are making strides to better cooperate with investigative targets. New agency strategies include policies and guidelines for practitioners to reference and educate their staff. Expect to learn tips and strategies to make the process more efficient for all parties involved. 11:20-11:30 a.m. 10-Minute Refreshment Break 11:30-12:30 p.m. Breakout Sessions Update on Flat Fee Pricing & In-House Deployments Alternative fee agreements are not limited to outside counsel. Corporations have been looking for ediscovery fee arrangements that provide absolute predictability, return on investment and alignment with business objectives. This panel provides an overview of their experience with flat fees for forensic collections, ESI processing, hosting and document review. Discussion to highlight intended and un-intended value these the flat fees deliver to the organization. Strategies for Proportional Discovery in Small & Medium Sized Matters Big civil actions seem to grab headlines. However, the vast majority of civil litigation in the State and federal courts is anything but big (except, of course, to the litigants). And ESI is increasingly a subject of discovery in that vast majority. How might the small or medium action be defined? (continued) (continued) What strategies might be used by counsel, parties, and courts to avoid undue burden and expense and to ensure that all discovery is proportionate to the size of a particular action? This panel explores these and other related questions. Managing an In-House Intellectual Property Practice from Start-to-Trial Managing an in-house Intellectual Property (IP) practice involves more than just landmark headline trials. Often times counsel must consider portfolio management as well as litigation risk. Hear from unique in-house perspectives on how they manage their part of the process, the tools that they use, and what you can deploy to assist your in-house IP practice. Brownie Points: Effective Internal Investigations & Compliance Programs Recently, a Fortune 500 organization moved to a swift settlement, avoiding a lengthy investigation and litigation process. The quick deal was a result of the organization having an effective internal monitoring and compliance program. This panel will put you on a path to helping your organization pull it together to avoid the big unbudgeted nightmare. 12:30-12:40 p.m. 10-Minute Shuffle 12:40-1:00 p.m. Lunch 1:00-2:10 p.m. Plenary Session Ethics Case Studies: Yes These Really Happened! The best way to learn something is to do it yourself but in the case of ethics blunders, it s much better to hear the story and be glad you have better judgment. Come hear real life case stories and commentary of big-time mistakes that will earn you ethics credit. 2:10-2:20 p.m. 10-Minute Shuffle 2:20-3:20 p.m. Breakout Sessions Catching Churn Baby! Building Effective Billing Guidelines & Monitoring Programs It s every client s worst nightmare: catching a provider taking advantage of the billing arrangements. But why end up there in the first place? Learn from these industry experts as they tell you how their organizations monitor their outside providers and develop strong billing guidelines to prevent waste and abuse.

6 Avoiding Terabyte Blackmail: Identifying Quality Service Providers & Guarding Against Costly Extortion Games In GlaxoSmithKline v. Discovery Works Legal this year it was seen just how difficult a once-trusted vendor can make it for in-house litigation teams. Unfortunately, this happens more than the reported cases show. Come hear from our friends from in-house legal and support departments and outside counsel on how they identify high performing providers and build rewarding partnerships and engagement outcomes with their outside service providers. Registration Government & 501(c)(3) Non-Profit $695 Qualified Corporate Counsel $895 Law Firm Member $1,295 Non-Participating Service Provider $5,995 Meet the Translators: IT is from Mars, Legal is from Venus Finding and developing talent that can act as an honest broker within the multiple silos of IT, Legal, Security, InfoGov, and Project Management is a tall order. Successful pack leaders within an organization will reduce costs and drive efficiency to benefit everyone s bottom line. Join this panel to hear how these practitioners have developed processes and protocols for data collection, data processing, and even setting up a review. Electronic Communications Privacy Act - ECPA - Who has Access to My Data? Three decades after the enactment of ECPA, Americans face even greater threats to their digital privacy, as we witness the explosion of new technologies and the expansion of the Government s surveillance powers. Senator Leahy (one of the original drafters) has committed to updating the outdated federal law during this term. Are social media posts fair game in litigation? Hear from leading experts as they help you identify data protections and risks associated with content, non-content, public and private communications. 3:20-3:40 p.m. 20-Minute Refreshment Break 3:40-4:40 p.m. Closing Plenary Session Closing: The Use of Technology When Meeting The Rule 26(g) Certification Standard Linear Review, Computer Assisted Review, Technology Assisted Review, Predictive coding? All of these methods can be used by a producing party to respond to a discovery request but which one meets the standard. Hear research and perspectives on how each of these methods could actually be a reasonable inquiry. Reservations The 2013 EDI Leadership Summit will be held at the Loews Santa Monica Beach Hotel in Santa Monica, California. A preferred rate of $289 per night will be offered through October 8, 2013 or until availability is exhausted. To make hotel reservations online or via the toll-free reservations number please visit the registration section of our website at and use the group code mentioned. Continuing Legal Education This program is eligible for 13.5 CLE credit hours (based on a 60-minute credit hour) and 16.2 CLE credit hours (based on a 50-minute credit hour). To request approval for accreditation in your state, please state your request at registration.

7 THE 2013 EDI LEADERSHIP SUMMIT A-LIST CONFIRMED PARTICIPANTS FROM THE FOLLOWING ORGANIZATIONS:

8 LEADERSHIP SUMMIT October 15-17, 2013 Santa Monica, CA Electronic Discovery Institute PO Box Washington, DC Mailroom: If addressee is no longer an employee, please deliver to their successor. THE 2013 EDI LEADERSHIP SUMMIT OCTOBER 15-17, 2013 SANTA MONICA, CALIFORNIA The Electronic Discovery Institute is a 501(c)(3) non-profit organization dedicated to resolving electronic discovery challenges by conducting studies of litigation processes that incorporate modern technologies. The explosion in volume of electronically stored information and the complexity of its discovery overwhelms the litigation process and the justice system. Technology and efficient processes can ease the impact of electronic discovery.

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