PREX15 - Agenda Conference on Preservation Excellence

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1 PREX15 - Agenda Conference on Preservation Excellence Wednesday, September 16, :00-8:00pm Conference Welcome Reception Thursday, September 17, :30am 8:30am Breakfast Welcome to PREX 2015 Conference welcome, introductions and opening remarks for the 2015 PREX conference. State of Preservation Today 8:45pm Setting the stage for the conference with a review of the past 12 months and how the legal hold landscape is evolving, including a discussion on the upcoming changes to the Federal Rules and how you can be better prepared to confidently respond to preservation challenges. Michael Arkfeld, Director of the Arkfeld ediscovery and Digital Evidence Program at the Center for Law, Science & Innovation, Sandra Day O'Connor College of Law, Arizona State University. Hon. Xavier Rodriguez, U.S. District Judge, Western District of Texas Ariana Tadler, Partner, Milberg LLP Robert Owen, Partner, Sutherland Asbill & Brennan LLP Preservation & Enterprise Information Strategies 9:30am Many C-Suites and Boards are investing heavily in Big Data, Cloud and Information Governance initiatives for their organizations to be competitive in the digital age. This panel will explore how you can leverage these well-funded corporate initiatives to drive e-discovery preservation values deeper into your organization. You will leave with strategies for driving

2 preservation awareness into the C-Suite and Board to ensure that it is part of your enterprise-wide information strategy and help mitigate (rather than aggravate) e-discovery costs and risk. David Cohen, Partner and Practice Group Leader for Global Records & E- Discovery Practice Group, Reed Smith LLP Matt McClelland, Manager of Information Governance Office, Blue Cross Blue Shield of North Carolina Chris Starr, Senior Director of Legal Technology, Comcast David Castro, Associate General Counsel and Chief Litigation Counsel at Hess Corporation 10:30am Break The Essential Preservation Plan From trigger to release, how do you ensure reasonable and good faith effort when it comes to responding to a preservation obligation? This panel will share practical tips and best practices for your legal hold process, and explore the essential elements of a rock-solid preservation plan. Find out what's missing and what's next for your legal hold program from those who have blazed the trail in their organization. 10:50am (Concurrent sessions) Paul Weiner, National ediscovery Counsel, Littler Mendelson, P.C. Hon. Frank Maas, U.S. Magistrate Judge, Southern District of New York Craig Ball, Craig D. Ball, P.C. Dawn Radcliffe, Manager, Discovery and Legal Support, TransCanada Bill Butterfield, Partner, Hausfeld LLP The New Law Department Professionals & Big E-discovery Come explore how a new breed of law department professionals just may be the great new hope for solving the very Big problem of Big ediscovery costs. With the pace of information growth, the practice of collecting the same data from the same custodians, and paying multiple times for processing, storage and review just isn t sustainable. What approaches are these new Directors of Legal Operations or Chief of Staff, with their charter to make legal run like a business taking to shrink ediscovery spend? What strategies

3 do Directors of Legal Technology have in play to rein in ediscovery costs and build a more efficient approach? A provocative group of professionals will share what they are doing to make ediscovery a more cost-efficient business process. Charlotte Riser Harris, Manager, Practice Support, Hess Corporation Woods Abbott, Legal Operations/eDiscovery Lead, Raytheon Dan Christensen, Counsel of IT, Privacy & Security at Intel Corporation Chris Starr, Director Legal Technology, Comcast 12:00pm Lunch Building The Preservation-Ready Organization How do you ensure an organization that is ready, willing and able to execute a preservation protocol? Picking up after last year's session, this panel will focus on how you to build a culture where people across the organization understand e- discovery risks and carry out proper process and protocols. The panel will share practical advice on such tactics as program charters, protocols, training, employee awareness, and compliance monitoring. 1:00pm (Concurrent sessions) Jeane Thomas, Partner, Crowell & Moring LLP Charlotte Riser Harris, Manager, Practice Support, Hess Corporation Dawn Radcliffe, Manager, Discovery and Legal Support, TransCanada Sonya Thornton, Manager of ediscovery / Compliance, Sprint Dave Walton, Managing Director of Electronic Discovery Practice and Advisory Services (epas), Cochair of EDiscovery Task Force, Cozen O'Connor Preservation & Information Governance There is a reason the electronic discovery reference model (EDRM) shows Information Governance as the starting point for e-discovery. A corporation s ability to quickly find, lock down and assess information in a litigation or investigation can be greatly aided by good information governance. This panel will explore what information governance is, and how it can become the key to excellence in preservation processes.

4 Hon. Ron Hedges, Principal in Ronald J. Hedges, LLC and former U.S. Magistrate Judge, District of New Jersey Matt McClelland, Manager of Information Governance Office, Blue Cross Blue Shield of North Carolina Brett Tarr, Counsel, Litigation & E-Discovery for Caesars Entertainment Maura Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz Global Data Protection & Preservation Global data protection and privacy continue to raise concerns about how an organization ensures legal obligations are met while protecting the privacy of its employees. This panel will provide a recap on e-discovery issues related to global data protection and expanding privacy requirements. The discussion will focus on insights for how corporations can balance privacy issues such as access, storage, data protection and cross border data movement, with the rights of individuals across a global landscape of rules and cultures. 2:00pm (Concurrent sessions) Bill Butterfield, Partner, Hausfeld LLP Woods Abbott, Legal Operations/eDiscovery Lead, Raytheon Jeane Thomas, Partner, Crowell & Moring LLP Dan Christensen, Counsel of IT, Privacy & Security at Intel Corporation Hon. Elizabeth Laporte, U.S. Magistrate Judge and the immediate past Chief United States Magistrate Judge for the Northern District of California Snapshot of Collection Practices Today Many corporate law departments are re-examining their collection strategies to drive more efficiency into their preservation process. Panelists will examine issues such as 1) when you need a collection done by a forensic examiner, when you don't, 2) best practices for performing more targeted collections, to shrink collection sizes, 3) issues and solutions for remote user and departing employee laptop collections, 4) pros and cons of the "collect everything" approach, 5) insights on how and if to collect from mobile devices, cloud sources, social media and other new data types. Dave Walton, Managing Director of Electronic Discovery Practice and Advisory Services (epas), Cochair of EDiscovery Task Force, Cozen

5 O'Connor Lisa Schaerer, ediscovery Analyst, Procter & Gamble Ellen Buchan, Manager, System Operations, Legal Department, Sprint Sonya Thornton, Manager of ediscovery / Compliance, Sprint David Cohen, Partner and Practice Group Leader for Global Records & E- Discovery Practice Group, Reed Smith LLP 3:00pm Break Balancing Adversarial Strategy & ediscovery Cooperation 3:20pm If Shakespeare was a judge frustrated by e-discovery delays in his court today, his famous quote may have read: the first thing we do is kill all the zealous lawyers! Why do some lawyers continue to obfuscate information at meet & confer, or aggressively argue on e-discovery minutia that delays things and runs up costs? This panel will explore how lawyers can balance the idea of "cooperating" with long held beliefs about zealous client advocacy. Seasoned litigators will discuss how they "cooperate" for efficient e-discovery, yet still fight the good fight for their clients. The two strategies are not mutually exclusive -- in the digital age they are critical to every lawyer's duty of competent representation. Ariana Tadler, Partner, Milberg LLP Hon. Dave Waxse, U.S. Magistrate Judge, District of Kansas Michael Arkfeld, Director of the Arkfeld ediscovery and Digital Evidence Program at the Center for Law, Science & Innovation, Sandra Day O'Connor College of Law, Arizona State University. Robert Owen, Partner, Sutherland Asbill & Brennan LLP 4:30pm 5:15pm The Rise of the Cloud: The Shift to Cloud Computing and What It Means for Security and Compliance Scott Ward, Solutions Architect, Amazon Web Services (AWS) Adjourn 6:30pm Dinner Friday, September 18, 2015

6 7:30am Breakfast Keynote 8:00am What will the IT landscape look like in 5 years? What data types and devices are around the corner to challenge traditional approaches to e-discovery? What will corporate GCs need to be prepared for in 2020 and beyond? Keynote Speaker: Steve Watson, Group Chair, Mobile Device Forensics, NIST Digital Evidence subcommittee; Member, United States Work Group for Digital Evidence Preservation and The Evolving IT Landscape 9:00am Given a brief glimpse into the future of IT, how must our organizations respond when it comes to e-discovery planning and strategies? Big data and the ever-expanding list of new types of data and storage devices can boggle the mind of even the most seasoned e-discovery professional. How must our policies and processes evolve as data becomes more mobile and global? How do we train our legal teams, our custodians and our IT professionals to respond to the anticipated pace of change? What processes and technologies do we need for ensuring defensible and cost-effective approaches to preserve, collect and review data in the future? Craig Ball, Craig D. Ball, P.C. Steve Watson, Task Group Chair, Mobile Device Forensics, NIST Digital Evidence subcommittee; Member, United States Work Group for Digital Evidence Charisma Starr, Legal IT Manager, Exelon Paul Weiner, National ediscovery Counsel, Littler Mendelson, P.C. 10:00am Break Judicial Panel 10:20am This flagship PREX panel will conclude with the judicial view legal holds, case law trends and preservation best practices. The conference is honored to welcome back many of the most distinguished jurists across the nation who have written some of

7 the seminal opinions in electronic discovery. Our esteemed panel will also share their reflections and thoughts from the conference and will answer questions from the audience. Maura Grossman, Of Counsel, Wachtell, Lipton, Rosen & Katz Hon. Elizabeth Laporte, U.S. Magistrate Judge and the immediate past Chief United States Magistrate Judge for the Northern District of California Hon. Xavier Rodriguez, US District Judge, Western District of Texas Hon. Frank Maas, U.S. Magistrate Judge, Southern District of New York Hon. Dave Waxse, U.S. Magistrate Judge, District of Kansas Hon. Ron Hedges, Principal in Ronald J. Hedges, LLC and former U.S. Magistrate Judge, District of New Jersey 11:50am Conference Wrap Up 12:00pm Adjourn

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