Advanced ediscovery Institute: Process, Paradigms, and Pragmatism

Transcription

1 T H E 9 T H A N N U A L Advanced ediscovery Institute: Process, Paradigms, and Pragmatism DECEMBER 6 7, 2012 R I T Z - C A R L T O N, T Y S O N S C O R N E R, M C L E A N, V A GEORGETOWN LAW C O N T I N U I N G L E G A L E D U C AT I O N CLE 11.5 CLE credit hours (60-minute hour), including 1.25 hours of ethics/13.5 CLE credit hours (50-minute hour), including 1.5 hours of ethics

2 Conference Schedule Why attend? The ninth annual Georgetown Law Advanced ediscovery Institute will focus on three important concepts: process, paradigms, and pragmatism. ediscovery processes have never been simple. Each technological advance whether a new device, a game-changing storage medium, or a novel mode of communication presents a different challenge when it comes to harnessing the data it generates for presentation in the context of a legal action. Technology Assisted Review (TAR) is the latest attempt to ease the ediscovery burden, and our three-part TAR track will explain, evaluate, and demystify its operation in a balanced, reasoned, and accessible presentation. Explore process issues including competently implementing information governance practices, effective use of an ediscovery counsel, and helpful methods for meeting the evidentiary challenges that Electronically Stored Information (ESI) presents. ediscovery paradigms have evolved in the past decade. A distinguished panel of federal judges will share its views on established and newly minted ediscovery precedents in two plenary sessions and in selected breakouts. Also, thought leaders who are working on formal rules revisions and best-practices initiatives will preview emerging trends. Finally, this year s Institute will provide practical takeaways to improve your ediscovery skills. Our ediscovery pragmatic track will present sophisticated approaches to controlling ediscovery costs, dealing with ediscovery in criminal cases, conducting ediscovery in regulatory investigations, preparing to depose an IT custodian, getting ready to meet and confer, and more. Register early! Last year s program sold out! Thursday, December 6 7:30 8:15 am Registration & Continental Breakfast 8:15 8:30 am Welcome & Introductions 8:30 9:30 am Keynote Address J. Trevor Hughes CIPP, President and CEO, International Association of Privacy Professionals The head of the world s largest community for those working in the field of privacy and data protection will set the stage for the Institute, exploring the ways data fuel life, and why regulatory and security controls must be balanced with how data flow drives our economy and culture. 9:30 9:45 am Networking Break 9:45 11:15 am ediscovery Case Law Update The Institute s opening panel discussion will once again feature judges from across the country who will discuss this year s most significant cases and trends. This crowd-pleasing Georgetown tradition ensures that all program participants approach the balance of our two days together with a common understanding of the current state of ediscovery law. Kenneth J. Withers Hon. John M. Facciola Hon. Paul W. Grimm Hon. Andrew J. Peck Hon. Xavier Rodriguez Hon. Lee H. Rosenthal Hon. Shira A. Scheindlin

3 11:15 11:45 am Networking Break 11:45 am 1:00 pm CONCURRENT SESSIONS Session A Technology Assisted Review, Part 1 Defining Technology Assisted Review (TAR) and Considerations in Developing a TAR Protocol: Seed Sets, Training Sets, and Iterations Oh My! The successful application of TAR requires the correct combination of people, technology, and process to achieve the desired results. Part One of this three-part series will begin with an explanation of relevance-ranking and machine-learning algorithms. This panel will delve into the nitty-gritty details of the TAR process and will consider different TAR approaches currently in use. Scott A. Kane Emily A. Cobb Gordon V. Cormack Tom C. Gricks Amir Milo Session B The Economics of ediscovery: Defensibly Controlling Costs This panel will drill down on critical aspects of ediscovery economics: crafting an ediscovery budget; defensibility and cost control; and selecting, monitoring, and collaborating effectively with an ediscovery service provider. Robert A. Eisenberg Craig Cannon Scott A. Carlson Elizabeth Jaworski Annette Tomarazzo Session C Key ediscovery Issues in Criminal Law ESI is often a central focus in the investigation and prosecution of crimes. ESI continues to be addressed in part by the Supreme Court and is the focus of conflicting opinions in the federal courts. Issues this panel will consider include: What ESI can the government obtain under the Stored Communications Act without a search warrant, and when does the Fourth Amendment s probable cause requirement apply? Under what circumstances can the government require a defendant to allow access to ESI, and what Fifth Amendment issues related to self-incrimination are implicated? What obstacles complicate the authentication and admission into evidence of ESI in a criminal matter? How has the introduction of the Joint Federal Criminal ediscovery Protocol affected criminal prosecutions? Ronald J. Hedges Hon. Lee H. Rosenthal Sean Broderick Donna Elm Andrew Goldsmith Justin Murphy 1:00 2:15 pm Lunch (on your own) 2:15 3:45 pm CONCURRENT SESSIONS Session A Technology Assisted Review, Part 2 Measuring, Validating, and Defending Your TAR: What Metrics and Measurements Are Necessary or Appropriate? In Part Two of this three-part series, you will learn how sampling and other tools can be used to assess and defend the quality of TAR results, and will grapple with the critical questions of what constitutes a reasonable effort and how perfect the production has to be. This session will cover issues such as: What tests are available and can be used to verify that the TAR process has worked as expected? What confidence intervals, confidence levels, and sampling sizes are appropriate under what circumstances? What impact does the prevalence of responsive documents in a collection have on statistical measures? Maura R. Grossman David D. Lewis Herbert L. Roitblat Ian Soboroff Ian Wilson Session B Information Governance Competently implemented information governance can make ediscovery far more manageable. Yet few organizations have involved their lawyers in building and maintaining the IT resources and digital assets on which businesses depend until now. This session will address the business activities (and legal components) of information governance, present a strategic model for the role of lawyers in information governance, and describe the contributions lawyers can make to improve their clients capabilities to preserve and manage electronic information as evidence. Recent information governance initiatives in the federal sector will also be discussed. Jonathan M. Redgrave Jason R. Baron Tanya L. Forsheit Sabrina Lozano Scott Whipps Session C ediscovery Issues in Investigations before Federal Agencies This panel will present a case study identifying circumstances where government agency investigators can regulate otherwise private conduct for criminal and civil offenses. This session will explore the following issues: How broad can agency subpoenas or demands be? Are there limits? What can respondents do to negotiate scope of production? How can attorney-client and other privileges be protected (or waived)? Is FRE 502 applicable in this context? Do any agencies have particular rules or policies that regulate the production of ESI? Hon. James C. Francis Woods Abbott Jamie Brown David C. Shonka Jeane A. Thomas 3:45 4:15 pm Networking Break

4 4:15 5:30 pm Using and Challenging Digital Forensic Evidence This session will examine the world of digital forensics and its underlying technology to help lawyers learn to better present and challenge forensic evidence. The panel will discuss when forensics are truly needed and will explore defensible, cost-effective techniques to preserve evidence, cutting through the jargon to explain the fundamentals of modern digital forensics simply and straightforwardly. The session will address common errors such as confusing slack and unallocated space, and differentiating between backups, ghosting, and forensic imaging. Attendees will better understand how to fashion sensible protocols for forensic examination and how old notions of deletion have recently changed. Finally, our experts will analyze cutting-edge issues surrounding data on mobile devices and cross-examination of computer forensic examiners. Kevin F. Brady Craig D. Ball Ovie Carroll Carmen Oveissi Field Karen A. Schuler 6:30 9:00 pm ediscovery Burger Bar Co-sponsored by the ediscovery Institute, join fellow participants for networking, while enjoying sliders and live entertainment. This is a ticketed event. Please visit with an Institute sponsor to obtain your ticket. Friday, December 7 7:45 8:15 am Continental Breakfast 8:15 9:30 am CONCURRENT SESSIONS Session A Technology Assisted Review, Part 3 Selling TAR to Opposing Counsel and the Court: How Much Disclosure Is Necessary? Part Three of this series will consider TAR protocols in actual cases to date, and will explore the issue of whether and how much of the TAR process should be negotiated or disclosed. This panel is sure to set off some fireworks as we consider issues like: whether the use of TAR must be disclosed to opposing counsel in the first place; what opportunities for cooperation are available (i.e., joint seed- set development, joint determination of when to stop training), and considerations in deciding whether to agree to them; whether a party should have to share the seed or training documents that were used; whether a party should be required to show its adversary nonresponsive documents identified by the system; and whether and to what degree technical experts need to be involved in designing or explaining the process to adversaries or the court. Conor R. Crowley Brian E. Calla Wendy Butler Curtis Conrad J. Jacoby Ralph C. Losey Session B The Evolving Role of ediscovery Counsel Today s in-house counsel must be able to navigate corporate records and information- management programs, understand information security, communicate with a variety of stakeholders, and respond to and adapt ediscovery processes to changing technologies, quality controls, cost constraints, and personnel issues. This panel will lay out the new job description for ediscovery counsel; present a model inventory of the tools, methods, and resources that need to be acquired and used; and offer a methodology for balancing risk management and cost containment in a collaborative team process. James L. Michalowicz Katherine Bertini David Chaumette Madeleine McDonough Michelle Spak Session C When Things Go Wrong: Incident Response from Different Perspectives Using vignettes to illustrate fact patterns modeled on both notable and notorious cases, this panel will roll back the clock to the point where the client discovers (or outside counsel is informed of) an ESI crisis. The panel will explore possible remediation and advocacy strategies and test those solutions from a judicial perspective. Gilbert S. Keteltas Hon. Craig B. Shaffer Bill Butterfield David Gaston Mark Michels Can t attend in person? Take this or other Georgetown Law CLE courses online through West LegalEdcenter. For more information, visit our website: 9:30 10:00 am Networking Break

5 10:00 11:15 am CONCURRENT SESSIONS Session A First, Do No Harm: Preserving and Admitting Foreign ESI The failure to preserve foreign electronic evidence in host countries and the inability to have that evidence admitted in U.S. courts are self-inflicted wounds that are increasingly likely to occur as evidence locations diversify. This interactive session will explore pragmatic, successful approaches to navigating the foreign ediscovery journey. The panel will begin with how to plan and execute defensible U.S.-style legal holds and preservation plans and proceed to strategies for leveraging U.S. rules of evidence and foreign data- protection laws to offer into evidence and/or challenge non-u.s. ESI. Kenneth Rashbaum Hon. Shira A. Scheindlin Jonathan P. Armstrong Matthew Knouff Stephanie Mendelsohn Fernando M. Pinguelo Session B Preparing for a Meet-and-Confer Courts continue to expect parties to engage in effective meet-and-confers that foster genuine ediscovery collaboration. In this interactive presentation, two opposing teams will conduct prep sessions for the same case, discussing the requirements of various rules and court decisions, and the strategies for conducting due diligence, preparation, and communication that can yield advantages and improve the outcomes both for the clients and in the eyes of the court. The inadequacies of traditional approaches, and suggested process checklists, discovery documents, and client communications will be presented. Laura M. Kibbe Stephanie A. Tess Blair Gerard G. Boccuti Seth A. Katz Mandi Ross Session C Privacy Issues Arising in ediscovery Within the United States, there is an increasingly heightened awareness regarding the legal obligation and organizational imperative to maintain privacy in electronic communications, about which parties must be fully conversant when engaged in the discovery process. This panel will delve into the current state of privacy law and analyze the impact these trends are having on litigation and regulatory compliance. The panel will discuss how these issues can be addressed in the context of emerging technologies where it is often difficult to discern who has possession, custody, or control of the data. Finally, the session will explore practical strategies for developing processes and protocols for handling these thorny privacy issues. Michael E. Lackey Jr. Hon. Lorenzo F. Garcia Jack Halprin Dawson Horn Jon M. Talotta 11:15 11:45 am Boxed Lunch Distribution 11:45 am 1:00 pm CONCURRENT SESSIONS Session A ESI Evidentiary Issues: Incomplete and Fabricated Evidence Litigants and the court continue to struggle with evidentiary challenges of ESI. First, Georgetown Law CLE Programs With more than 30 years of experience, Georgetown Law has an established reputation in providing the legal community with high-quality CLE programs. Developed with the profession s continually changing needs in mind, the programs also meet the mandatory CLE requirements of numerous state bar associations. Located in the heart of the nation s capital, we feature the country s leading officials, judges, and practitioners. when ESI is found, can a litigant meet the hurdles of authentication and admissibility to actually use it before judge and jury? Second, high-stakes cases can mean greater temptation for individuals to fabricate evidence. Instead of lost evidence, the electronic record might have been altered or created from whole cloth. This panel will address evidentiary challenges including the foundations for getting ESI admitted into evidence, the tipoffs that evidence may have been fabricated, how to investigate possible fabrication, and how to pursue remedies with the court. Michelle G. Galloway Hon. Paul W. Grimm John W. Simeck John Reed Stark Session B Preparing to Depose an IT Custodian The deposition of a corporate IT executive is becoming a more common step in the process of ensuring that all potentially responsive ESI has been properly identified and preserved. This panel will discuss a model 12-step preparation plan and provide practical guidance on what plaintiffs and defendants may want to accomplish, and how to achieve those goals with predeposition due diligence, effective requests for production, data maps, and other exhibits. Jeffrey B. Ritter Julie M. Richer Paul D. Weiner Leslie Wharton

6 Get a Head Start! For your convenience, all course materials will be ed to you prior to the program. Benefits of downloadable course materials include: Effortless search features. Save time by using keywords to search downloadable course materials rather than flipping through a course book. More in-depth content. Without page constraints, speakers will have the opportunity to provide more comprehensive materials. Materials will also be updated one week after the Institute and this version will be ed to you. Easily transportable. There s no need to lug around a heavy course book. Download the materials to a flash drive or laptop, or only print the articles that you need. You can revisit the materials online even after the program has concluded. Environmental savings. Review all the course files in advance and print only those that you need or find helpful. Using a tablet? All course materials are now fully accessible on all tablet models. identify the ethical dangers and professionalism concerns that are raised when attorneys use Facebook, LinkedIn, and other forms of social media. The topics he will explore include the impact of ethics opinions from various jurisdictions, social networking and the minimum standard of attorney competence, confidentiality issues, problems affecting the attorney-client privilege, using social media for investigations, locator platforms and other recent advancements, and best practices for social networking by attorneys. Featured Speaker Stuart I. Teicher 2:45 3:55 pm Judicial Roundtable In the closing plenary session, the Institute will continue another Georgetown tradition when our visiting judges take the stage once more to consider questions posed by the audience. This year, we ll ask you to submit your questions in advance, either by (cle@law.georgetown.edu) prior to the conference or in person at the registration desk during the Institute. We ll choose a selection of the best questions for discussion. Session C What s Next in ediscovery?: Looking Beyond the Court Decisions This panel brings together those who toil in venues other than the courtroom to report on their attempts to develop best practices and generally improve the way ediscovery is conducted. Hear updates on some of the following initiatives: potential revisions to the Federal Rules of Civil Procedure, including the introduction of preservation protocols or new sanctions considerations; the completion of Phase Two of the Seventh Circuit s ediscovery Pilot Project; the implementation of the U.S. District Court for the Southern District of New York s Standing Order M10-468, In re: Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York; the latest developments at the Sedona Conference; the work of the ABA Commission on Ethics 20/20; adoption of the U.S. District Court for the District of Delaware s Default Standards for ediscovery; and efforts of the U.S. Court of Appeals for the Federal Circuit to reduce discovery costs in patent cases by adopting a Model Order for ediscovery. Carol L. Eoannou Hon. Nan R. Nolan Daniel J. Capra Robert D. Owen Steven D. Susman Kenneth J. Withers 1:00 1:30 pm Networking Break 1:30 2:45 pm Ethical Pitfalls of Social Media As social media gain a foothold in all communications, attorneys are using the platform for both business and personal use. Stuart Teicher, a law professor and legal-ethics expert, will Ariana J. Tadler Hon. John M. Facciola Hon. James C. Francis Hon. Lorenzo F. Garcia Hon. Paul W. Grimm Hon. Nan R. Nolan Hon. Andrew J. Peck Hon. Xavier Rodriguez Hon. Lee H. Rosenthal Hon. Shira A. Scheindlin Hon. Craig B. Shaffer 3:55 pm Closing Remarks

7 Advisory Board & Speakers Planning Co-Chairs Carol L. Eoannou, Bloomberg BNA, Arlington, VA Michael E. Lackey Jr., Mayer Brown LLP, Planning Committee Craig D. Ball, Law Offices of Craig D. Ball, PC, Austin, TX Michelle G. Galloway, Cooley Godward Kronish LLP, Palo Alto, CA Maura R. Grossman, Wachtell, Lipton, Rosen & Katz, Ronald J. Hedges, Ronald Hedges, LLC, Hackensack, NJ Gilbert S. Keteltas, Baker & Hostetler LLP, Laura M. Kibbe, Epiq Services, James L. Michalowicz, Michalowicz Consulting LLC, Philadelphia, PA Patrick Oot, U.S. Securities and Exchange Commission, Jeffrey B. Ritter, The Ritter Academy, Reston, VA Herbert L. Roitblat, OrcaTec LLC, Atlanta, GA Ariana J. Tadler, Milberg LLP, Judicial Hon. John M. Facciola, Magistrate Federal District of Columbia, Hon. James C. Francis, Magistrate Southern District of New York, Hon. Lorenzo F. Garcia, Magistrate Judge, U.S. District Court for the District of New Mexico, Albuquerque, NM Hon. Paul W. Grimm, Chief Magistrate Judge, U.S. District Court for the District of Maryland, Baltimore, MD Hon. Nan R. Nolan, Magistrate Northern District of Illinois, Chicago, IL Hon. Andrew J. Peck, Magistrate Judge, U.S. District Court for the Southern District of New York, Hon. Xavier Rodriguez, District Western District of Texas, San Antonio, TX Hon. Lee H. Rosenthal, District Southern District of Texas, Houston, TX Hon. Shira A. Scheindlin, Senior District Judge, U.S. District Court for the Southern District of New York, Hon. Craig B. Shaffer, Magistrate District of Colorado, Denver, CO Advisory Board Co-Chairs Hon. John M. Facciola, Magistrate Judge, U.S. District Court for the Federal District of Columbia, Kevin F. Brady, Eckert Seamans Cherin & Mellott LLC, Wilmington, DE Robert A. Eisenberg, OrcaTec LLC, Advisory Board Members & Speakers Hon. Kent A. Jordan, U.S. Court of Appeals for the Third Circuit, Wilmington, DE Hon. Joseph R. Slights III, Superior Court of Delaware, Wilmington, DE Woods Abbott, Raytheon Company, Waltham, MA Jonathan P. Armstrong, Duane Morris, London, UK Mark L. Austrian, Kelley Drye & Warren LLP, Jason R. Baron, National Archives and Records Administration, College Park, MD Theresa Beaumont, Google Inc., Mountain View, CA Katherine Bertini, United Technologies Corporation, Hartford, CT Stephanie A. Tess Blair, Morgan, Lewis & Bockius LLP, Philadelphia, PA Gerard G. Boccuti, Pfizer, Collegeville, PA Allison L. Brecher, Marsh & McLennan Companies, Inc., Sean Broderick, Office of Defender Services, Oakland, CA Jamie Brown, U.S. Commodity Futures Trading Commission, Wendy Butler Curtis, Orrick, Herrington & Sutcliffe LLP, Bill Butterfield, Hausfeld LLP, Brian E. Calla, Eckert Seamans Cherin & Mellott LLC, Pittsburgh, PA Craig Cannon, Bank of America, Charlotte, NC Daniel J. Capra, Fordham University School of Law, Scott A. Carlson, Seyfarth Shaw, LLP, Chicago, IL John L. Carroll, Cumberland School of Law, Birmingham, AL Ovie Carroll, U.S. Department of Justice, David Chaumette, Chaumette PLLC, Sugar Land, TX Emily A. Cobb, Ropes & Gray, Adam I. Cohen, Ernst & Young, David R. Cohen, Reed Smith, Pittsburgh, PA Matthew I. Cohen, AlixPartners, Gordon V. Cormack, University of Waterloo, Waterloo, ON Conor R. Crowley, Crowley Law Office, McLean, VA M. James Daley, Daley & Fey LLP, Overland Park, KS Donna Elm, Office of the Federal Public Defender for the Middle District of Florida, Tampa, FL Tanya L. Forsheit, InfoLawGroup LLP, Manhattan Beach, CA David Gaston, U.S. Department of Agriculture, Andrew Goldsmith, U.S. Department of Justice, Gilbert Greenman, Williams & Connolly LLP, Tom C. Gricks, Schnader Harrison Segal & Lewis LLP, Pittsburgh, PA Jack Halprin, Google Inc., Los Angeles, CA Sherry B. Harris, Crowley Law Office, McLean, VA Dawson Horn, Tyco International, J. Trevor Hughes, International Association of Privacy Professionals, Boston, MA Courtney Ingraffia Barton, AOL LLC, Dulles, VA Conrad J. Jacoby, Winston & Strawn LLP, Elizabeth Jaworski, Motorola Mobility, Chicago, IL Scott A. Kane, Squire Sanders, Cincinnati, OH Seth A. Katz, Burg Simpson, Denver, CO Anne Kershaw, A. Kershaw, PC, Attorneys & Consultants, Tarrytown, NY Donnie L. Kidd Jr., Office of General Counsel, State Corporation Commission, Richmond, VA Matthew Knouff, Complete Discovery Source, Inc., Mark R. Koehn, Latham & Watkins LLP, David J. Lender, Weil, Gotshal & Manges LLP, David D. Lewis, Ornarose, Inc., Chicago, IL Ralph C. Losey, Jackson Lewis, Orlando, FL Sabrina Lozano, Enterprise Records and Content Management,

8 Advisory Board Members & Speakers continued Madeleine McDonough, Shook, Hardy & Bacon, Stephanie Mendelsohn, Genentech, Inc., San Francisco, CA Mark E. Michels, MichelsLaw, Campbell, CA Amir Milo, Equivio, Kensington, MD Justin Murphy, Crowell & Moring LLP, Lisa Olle, Apple Inc., Cupertino, CA Timothy M. Opsitnick, JurInnov Ltd., Cleveland, OH Carmen Oveissi Field, Deloitte Financial Advisory Services LLP, Robert D. Owen, Sutherland Asbill & Brennan LLP, Fernando M. Pinguelo, Norris, McLaughlin & Marcus, PA, Kenneth Rashbaum, Rashbaum Asssociates, LLC, South Orange, NJ Jonathan M. Redgrave, Redgrave LLP, Dan Regard, Intelligent Discovery Solutions, Inc., Mark V. Reichenbach, Consultant, Julie M. Richer, American Electric Power Service Company, Columbus, OH John J. Rosenthal, Winston & Strawn LLP, Mandi Ross, Prism Litigation Technology, Chicago, IL Thanks to our Institute sponsors: AlphaLit Bloomberg BNA Bloomberg Vault Catalyst Repository Systems, Inc. Celeritas Associates, Inc. Clearwell Systems Deloitte Discovery Services LLC Epiq Systems Equivio Exterro First Advantage Litigation Consulting George I. Rudoy, Integrated Legal Technology, LLC, Karen A. Schuler, Kroll Ontrack, David C. Shonka, U.S. Federal Trade Commission, John W. Simeck, Sensei Enterprises, Inc., Fairfax, VA Ian Soboroff, National Institute of Standards and Technology, Gaithersburg, MD Michelle Spak, Duke Energy Company, Charlotte, NC John Reed Stark, Stroz Friedberg, Allison Station, U.S. Department of Justice, Steven D. Susman, Susman Godfrey, Houston, TX Jon M. Talotta, Hogan Lovells, Stuart I. Teicher, Law Offices of Stuart I. Teicher, East Brunswick, NJ Jeane A. Thomas, Crowell & Moring LLP, Annette Tomarazzo, UBS Financial Services, Inc., Weehawken, NJ Paul D. Weiner, Littler Mendelson PC, Philadelphia, PA Leslie Wharton, U.S. Securities and Exchange Commission, Scott Whipps, Honda of America Mfg., Inc., Columbus, OH Ian Wilson, Servient, Houston, TX Kenneth J. Withers, The Sedona Conference, Phoenix, AZ Guidance Software Kroll Ontrack Inc. Navigant Planet Data QuisLex, Inc. Recommind, Inc. RenewData TCDI Techlaw Solutions Zapproved Inc. Program Details Hotel Reservations A block of rooms will be held at the Ritz-Carlton, Tysons Corner until Saturday, November 3, These rooms will be available, unless exhausted, until this date, at which time they will be released to the general public. Be sure to mention the Advanced ediscovery Institute room block to receive the special room rate listed below. Ritz-Carlton, Tysons Corner 1700 Tysons Boulevard McLean, VA ritzcarlton.com/tysonscorner Program Room Rate: $235 Enter the code EDIEDIA under Group Code when making your reservations online. Disclaimer Speakers are subject to change. Special Needs or Dietary Restrictions Call or cle@law.georgetown.edu 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 law.georgetown.edu/cle. Apply in writing no later than 5:00 pm EST on Thursday, November 15, 2012 to: Scholarship Committee, Georgetown Law CLE, 600 New Jersey Avenue NW, or fax to Cancellations/Rain Checks/Substitutions Please fax your cancellation notice to or to cle@law.georgetown.edu by 5:00 pm EST on Thursday, November 29, 2012 for a refund (less $100 administrative fee). Rain checks for a future program will be granted for cancellations received after November 29, 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 via prior to the program. Please note, you will not receive a hard-copy book or CD-ROM including the materials. Additionally, there will not be a printer available on-site for printing. We encourage you to download the course materials and preprint 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 and we will process a 100% refund for your registration fee! CLE Credits Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 11.5 CLE credits (based on a 60-minute hour) including 1.25 ethics, and 13.5 CLE credits (based on a 50-minute hour) including 1.5 ethics. 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.

9 Registration Form PLEASE PRINT OR TYPE. Payment must accompany registration. Advanced ediscovery Institute (December 6 7, 2012) $1,295 Early-Bird Registration (due November 2, 2012 by 5:00 pm EST) $1,395 Regular Registration $1,195 Georgetown Law Alumnus class of $795 Government Registration Mr. NAME Ms. ADDRESS FIRM/ORGANIZATION 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. 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: Single-Session Audio PDF* Session(s): $49 each Digital PDF $149 PDF CD Version $199 *Single-Session materials availability is subject to speaker s consent. For CD-ROM and course materials, individuals or firms should add the following sales tax: DC 6.0%, VA 5.0%, NY 7.0%, MD 6.0%, and PA 6.0% (Philadelphia or Allegheny County add 7.0%) Audio CD $299 Audio PDF CD $499 THREE WAYS TO REGISTER: ONLINE at MAIL with check payable to Georgetown Law CLE to the address below Check enclosed # $ Purchase order attached # 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,

10 GEORGETOWN LAW C O N T I N U I N G L E G A L E D U C AT I O N Georgetown University Law Center Continuing Legal Education 600 New Jersey Avenue NW Mailroom: If addressee is no longer an employee, please deliver to their successor. Advanced ediscovery Institute DECEMBER 6 7, Reasons Why You Should Attend 1. Learn about the many aspects of Technology Assisted Review (TAR). 2. Discover how information and regulatory and security controls relate to one another. 3. Focus on the most perplexing aspects of ediscovery economics including budgeting and efficiency. 4. Study a strategic model for information governance and ways to improve your clients ability to preserve and manage electronic information as evidence. 5. Sharpen your understanding of digital forensics and its underlying technology. 6. Receive pointers on preparing to depose an IT custodian. 7. Become aware of the ethical dangers and traps that result from the use of social media for investigations or networking. 8. Explore how to handle an Electronically Stored Information (ESI) crisis from numerous perspectives. 9. Consider how to plan and execute defensible U.S.-style legal holds and preservation plans. 10. Observe two opposing teams preparing to engage in a meet-and-confer. 11. Benefit from the knowledge of judges views on a number of ediscovery issues.