Reserve Your Space at the. Seventh Annual National Institute on E-Discovery. April 5, 2013 Proskauer Rose LLP New York, NY

Transcription

1 Reserve Your Space at the Seventh Annual National Institute on E-Discovery April 5, 2013 Proskauer Rose LLP

2 Seventh Annual National Institute on E-Discovery To register, visit Program Description Nationally-acclaimed e-discovery professionals and judges will convene for a full day to analyze and discuss the latest developments and best strategies for managing the e-discovery process. Program Focus Attendees of this program will learn: Comprehensive and practical issue-spotting About the continuing rules amendment process directly from members of the federal judiciary, as well as leadingedge issues emerging in their courts How to choose, search, and review technology that fits your case Tips for cost-effective and defensible project management for both requesting parties and producing parties The latest information on e-discovery of personal data sources including social media and personal devices How to navigate discovery about discovery, including important privilege considerations ABA CLE National Institutes bring you face-to-face with nationally recognized experts on substantive topics often while fulfilling most of your annual CLE requirements.

3 April 5, 2013 Proskauer Rose LLP Register Now and Save! Early Bird Rate Through Feb. 8 Advance Rate Effective Feb. 9 Mar. 8 Standard Rate Effective After Mar. 8 General Public $775 $825 $890 ABA Members $640 $690 $740 Section of Litigation Members $475 $515 $550 Government Lawyers/Employees $495 $530 $570 Fees do not include travel or lodging. Presented by Section of Litigation Earn up to 6.0 CLE Credits Including 1.0 hours of Ethics Credit Not an ABA Member? Join Now!

4 Faculty Monica Wiseman Latin, Chair* Partner Carrington Coleman Sloman & Blumenthal, LLP Dallas, TX Cecil A. Lynn III, Co-Chair* Shareholder Littler Mendelson P.C. Phoenix, AZ John M. Barkett* Partner Shook, Hardy & Bacon L.L.P. Miami, FL Vincent M. Catanzaro Senior Counsel, Global Discovery Manager DuPont Legal Wilmington, DE Margaret A. Dale* Partner Proskauer Rose LLP Hon. John M. Facciola U.S. Magistrate Judge U.S. District Court for the District of Columbia Washington, DC Sean R. Gallagher Shareholder Polsinelli Shughart PC Denver, CO Hon. Paul W. Grimm U.S. District Judge U.S. District Court for the District of Maryland Baltimore, MD Maura R. Grossman Counsel Wachtell, Lipton, Rosen & Katz Daniel P. Kulakofsky Associate Group General Counsel of E-Discovery Corporate Litigation The Travelers Companies, Inc. Hartford, CT Hon. John G. Koeltl U.S. District Judge U.S. District Court for the Southern District of New York Anthony S. Lowe Associate General Counsel Freddie Mac McLean, VA Dr. Gavin W. Manes President and CEO Avansic Tulsa, OK William B. McManus Partner Ryley Carlock & Applewhite Phoenix, AZ Farrah Pepper Executive Counsel Discovery General Electric Company Fairfield, CT Ashish S. Prasad* Chief Executive Officer Discovery Services LLC Chicago, IL Sandra J. Rampersaud* Attorney Cravath, Swaine & Moore LLP Mark D. Risk Mark Risk, P.C. Hon. Lee H. Rosenthal U.S. District Judge U.S. District Court for the Southern District of Texas Houston, TX Maura Abeln Smith Former General Counsel at PepsiCo and International Paper New Canaan, CT Ariana J. Tadler Partner Milberg, LLP * Planning Committee Faculty subject to change without notice.

5 Agenda Thursday, April 4, :30 p.m. 7:00 p.m. Welcome Reception - Hosted by Please join us for a cocktail reception at Proskauer Rose LLP in a casual atmosphere where you may network, meet other Institute guests, and get to know our faculty. Friday, April 5, :00 a.m. 9:00 a.m. - Registration and Continental Breakfast 9:00 a.m. 9:15 a.m. Welcome Remarks 9:15 a.m. 10:15 a.m. Spotting the Right Issues at the Right Time in Electronic Discovery Projects Panelists: Vincent M. Catanzaro, Ashish S. Prasad This panel will use a series of actual electronic discovery projects to illustrate the major issues that counsel should recognize and address, and the appropriate time to address those issues, in electronic discovery projects. This overview of practical strategies for addressing the major issues will include whether and when to issue a litigation hold, and to whom; when to collect data from the custodians; how to select and manage technical personnel to process and host data; how best to review the data and protect privileges; and how to defend the appropriateness of the client s discovery compliance efforts in response to a motion to compel. 10:15 a.m. - 11:15 a.m. - Effective Project Management: Pulling the Curtain Back on Litigation Support Farrah Pepper, Ariana J. Tadler Moderator: William B. McManus Even with the perfect tools and technology, the desired results will most likely depend on the level of project management as well as their ability to work with trial teams to reduce the overall volume of electronic data as well as employ strategies to contain cost while maximizing the efficiency and defensibility of the process. This session is led by a highly seasoned group of e-discovery experts and provides a rare under the hood look into the essential components of e-discovery project management. Agenda subject to change without notice.

6 Agenda (Cont d.) 11:15 a.m. 11:30 a.m. - Break 11:30 a.m. 12:30 p.m. Choosing Your Technology: What Works Best, When, and Why? Panelists: Maura R. Grossman, Daniel P. Kulakofsky, Cecil A. Lynn, III, Mark D. Risk Whether it concerns predictive coding, technology-assisted review, search terms, or traditional document review, there is no shortage of commentary in e-discovery circles about what tools work best. As a result, there is often a perception or -- misperception -- that other review tools and techniques simply do not work, are outdated, or have lost favor. This session takes a practical look at the review tools and solutions available and discusses what steps a lawyer should consider when making the determination of what tool or tools work best and why. 12:30 p.m. 1:30 p.m. - Lunch 1:30 p.m. 2:30 p.m. - Report from the Judiciary: Rules Amendments and Latest Trends Panelists: Judge John M. Facciola, Judge Paul W. Grimm, Judge John G. Koeltl, Judge Lee H. Rosenthal Just one week before the meeting of the Federal Rules Advisory Committee, learn the latest news about the status of numerous proposed rule changes that have the potential to deeply impact the electronic discovery process and judicial review. Our esteemed panel includes the former chair of the Standing Committee on Rules of Practice and Procedure and the Advisory Committee on Civil Rules, and the current chairs of the Discovery and Duke Conference Subcommittees to the Advisory Committee. There can be no better place to learn the latest breaking developments and up to the minute trends in the case law. Agenda subject to change without notice.

7 Agenda (Cont d.) 2:30 p.m. 3:30 p.m. - A Dual-Use Dilemma: Discovery of Personal Data Sources Judge Paul W. Grimm, Anthony S. Lowe, Dr. Gavin W. Manes Moderator: Margaret A. Dale Many companies have, with the blessing of IT, moved away a traditional ITsupported computer environment to a more user-friendly bring your own device approach. However, the policies offer unique challenges to employers as well as a myriad of legal issues related to not only possession and control of the devices in litigation, but the dichotomy between corporate security and the employee s personal privacy as the company s trade secret information sits alongside the employee s social media postings, tweets and text messages. This session will discuss the cutting-edge issues surrounding dual-use device policies and how best to support consumer technology while ensuring adequate controls on sensitive corporate data. 3:30 p.m. 3:45 p.m. Break 3:45 p.m. 4:45 p.m. - Discovery about Discovery and Defense of Process Ethical Challenges in Balancing Privilege, Zealous Advocacy, Transparency and Cooperation John M. Barkett, Judge John M. Facciola, Sean R. Gallagher, Maura Abeln Smith Moderator: Sandra J. Rampersaud Ethics Credit As e-discovery becomes the norm, scrutiny of the inner-workings of the discovery process has increased. Litigants must balance competing interests of confidentiality and transparency, zealous advocacy and cooperation. This panel will discuss the lines that have been drawn between officer and advocate, the ethics of discovery about discovery, the cooperation drumbeat and its ethical ramifications, and the impact of rules amendments on the professional responsibilities of lawyers. Agenda subject to change without notice.

8 Sponsors Sponsors A special thanks to Section of Litigation sponsors, LexisNexis and Navigant

9 Register CEN3EDV Visit Call (800) Complete and mail this form: Fax this form to (312) The American Bar Association Financial Services Dept. CEN3EDV P.O. Box Chicago, IL Step 1: Registration Rates General Public Early Bird Rate Through Feb. 8 $775 Advance Rate Effective Feb. 9 Mar. 8 $825 Standard Rate Effective After Mar. 8 $890 ABA Members $640 $690 $740 Section of Litigation Members $475 $515 $550 Government Lawyers/Employees $495 $530 $570 q I qualify for a $50/person group discount. Enter your $50 discount on line 4B. To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Not applicable to government rates. Step 2: Section Membership If you are already a member of one or more sections below, you can enroll in the others, or move on to Step 4. q Enroll me in the ABA Section of Litigation for $60. Enter your $60 enrollment on line 4C. Step 3: Course Materials * Electronic course materials are provided on-site as part of your registration. Printed course materials are available on-site for an additional fee. q Please provide printed course materials on-site for $50. Enter your $50 fee on line 4D. Step 4: Your Total Due Amount Registration Rate (from Step 1) 4A $ Three or More People Registering (from Step 1) 4B $ ($50/person discount. Applicants must register together to receive discount. Not applicable to government rates.)! ABA Section of Litigation Enrollment - $60 (from Step 2) 4C $ + Printed Course Materials - $50 (from Step 3) 4D $ + Total $ * If you cannot attend, but would like to order the Course Materials, please visit us at or call (800) for pricing and availability. Course materials will be shipped after the event.

10 ! Register (Cont d.) CEN3EDV Step 5: Your Information Name Law Firm/Organization Address Suite/Apt. City State Zip Code Telephone ABA Member ID The ABA and many of its entities provide content through . We do not share addresses with anyone outside the ABA. Step 6: Payment Information q ABA Credit Card from Bank of America q Other Credit Card q Check Payable to American Bar Association Name as it appears on Card Account Number Expiration Date Signature Billing Zip Code Step 7: 4 Easy Ways to Register Visit Call (800) Fax this form to (312) Complete and mail this form: The American Bar Association Financial Services Dept. CEN3EDV P.O. Box Chicago, IL

11 Register (Cont d.) CEN3EDV MCLE ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 6.0 CLE credit hours in 60-minute-hour states, including 1.0 ethics hours and 7.20 credit hours in 50-minute-hour states including 1.0 ethics hours. This transitional program is approved for both newly admitted and experienced attorneys in NY and is expected to qualify for 6.0 CLE credit hours in NY including 1.0 ethics hours. For more information about CLE accreditation in your state, visit Scholarships For more information on scholarships, visit Attire Business casual attire is appropriate for all activities. Cancellations Cancellations received five business days or more before the program will receive a full refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA at (800) or fax your request to (312) Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the course materials after program completion. Services for Persons with Disabilities If special arrangements are required, please contact Courtney Anderson at (312) or courtney.anderson@americanbar.org. Reasonable advance notice is requested. In-Person Registration If you plan to register in person, please call the ABA at least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Cash payments will not be accepted. Program Confirmation Written confirmation of your registration will be sent to you upon receipt. If you do not receive the confirmation notice prior to the program, please call the ABA at (800) at least 24 hours in advance to confirm that your registration was received and that the program is being held as scheduled. Program Location Proskauer Rose LLP Eleven Times Square (Eighth Avenue & 41st Street) Hotel Information ABA members should visit and click under the Preferred Rate Hotel Program link to check for ABA rates at New York City hotels. Airline Information Airline discount codes are available for ABA meetings as follows: American Airlines: Call (800) ; Discount Code: A8913TT Discount NOT available at United Airlines: Call (800) ; Agreement Code: , Z Code: ZP65 Virgin America Airlines: Go to Discount Code: VXABA312 More details at Standing Committee on Continuing Legal Education Under the guidance of the Standing Committee on Continuing Legal Education, the Center for Professional Development administers and produces National Institutes, webinars, teleconferences, other technology-based products and written course materials to assist lawyers continuing legal education efforts.

12 Seventh Annual National Institute on E-Discovery AMERICAN BAR ASSOCIATION 321 N CLARK STREET CHICAGO, ILLINOIS Look inside for Course Curriculum, Faculty Roster, Early Bird Savings and more! Like Us Follow Us Presort Non-Profit U.S. Postage PAID American Bar Association