Information Governance for Law Departments

Transcription

1 APPLICABLE TOWARD CPD REQUIREMENT Inaugural November 12 & 13, 2013, Toronto Information Governance for Law Departments Creating legally defensible practices in a technologically advanced world Participating organizations Aecon Group Inc. Argus Group Bell Canada Bennett Jones LLP Blake Cassels & Graydon LLP Bridgepoint Health Cambridge Group Cassels Brock & Blackwell LLP CIBC Cognition LLP Deloitte & Touche LLP Duff & Phelps Canada Limited IBIS Corporation Infusion KPMG LLP Mann Symons LLP McCarthy Tétrault LLP McMillan LLP Micrapol Associates Ltd. Milrad Law Offi ce Morneau Shepell Ltd. PrivaTech Consulting Ricoh Canada Inc. RIMtech Inc. Tangledom The Ontario Educational Communications Authority (TVO) WeirFoulds LLP Wortzman Nickle Professional Corporation Conference highlights Find out how Bell Canada and TVO are effectively dealing with information governance business issues, policies and practices Discover how the legal departments at Aecon Group and Deloitte foster an information governance culture Hear about the opportunities and risks of managing Big Data from Ricoh Canada Discover key challenges to information governance from Bridgepoint Health Find out how IBIS Corporation manages security issues Hear how to Protect Privilege, Confi dentiality and Privacy During E-Discovery from CIBC Discover issues around securing sensitive data & information from Morneau Shepell

2 Who should attend In-House Counsel, VPs & Directors in law departments, legal affairs, compliance, regulatory affairs, information technology, information management and security, CIOs; Lawyers in private practice As technology has propelled the volume and complexity of information management to new heights, corporate law departments and private law firms alike must deal with the advance of an array of issues that can threaten information privacy, security and accessibility as well as evidentiary requirements. The potential exposure points are many, and a compliant information governance strategy is essential to manage and protect critical information in order to reduce legal risks, avoid liability and control the costs of information management. The Information Management for Law Departments Conference brings together senior in-house counsel from major Canadian companies, risk management professionals and top lawyers in private practice who are successfully overseeing the implementation of information management policies and practices to protect their organizations and their clients. Join senior legal professionals from these leading Canadian organizations as they discuss how they are mitigating information management risks, avoiding liability and strengthening controls: Aecon Group Inc. Bell Canada Bridgepoint Health Cambridge Group CIBC Cognition LLP Deloitte & Touche LLP IBIS Corporation Morneau Shepell Ltd. Ricoh Canada Inc. The Ontario Educational Communications Authority (TVO) And many others Learn practical approaches for dealing with these difficult issues: Building a legally defensible information governance framework Drafting an effective & enforceable information governance policy Implementing a sound electronic records retention program Strengthening data security in the Cloud environment Improving privacy compliance practices Safeguarding information when outsourcing Improving collaboration between the law department and IT Avoiding data breaches Identifying the technology your law department needs With this level of practical experience and insight, this is one event you cannot afford to miss. Register now by calling (416) or

3 IG Strategy SESSION 1 David M.W. Young, Partner, McMillan LLP Tuesday, Nov. 12 th 9:00-9:45 CHALLENGES TO EFFECTIVE INFORMATION GOVERNANCE: A GENERAL COUNSEL PERSPECTIVE Chair: Thomas N.T. Sutton, Partner, McCarthy Tétrault LLP Anna C. Forgione, Consultant, Argus Group Kenneth H. Saul, General Counsel and Head of Compliance, Cambridge Group Ayanna Ferdinand Catlyn, General Counsel and Corporate Secretary, Bridgepoint Health As senior legal executives, managing the increasing flow of information efficiently and effectively, while staying onside of ever present compliance regulations are issues that we all must grapple with. This discussion provides an overview of the the challenges of managing information in today s modern law department. Balancing flexibility and the desire for increased mobility with maintaining appropriate information governance Creating an information governance culture Responding to the imperatives of litigation Working with the CIO Dealing with the Cloud, mobile devices, Big Data Implementing information governance within the company Gaining buy-in from the board for information governance Document management: what to collect, what to keep and what to delete 9:45-10:30 BUILDING AN INFORMATION GOVERNANCE FRAMEWORK David M.W. Young, Partner, McMillan LLP In order to meet corporate demands, improve efficiencies, reduce cost and mitigate risk, law departments & firms must improve their approach to managing information. However IM today faces an enormous challenge from the explosion in the quantities and types of electronically stored information. This session will explore how to build a legally defensible IG framework for law departments focusing on effective policies and practices. Steps to developing a legally led IG strategy Law department s role in determining information management strategies for corporation Developing a more collaborative relationship with IT Law department s input in overcoming challenges in managing the expanding quantities and types of electronically stored information Establishing effective policies and practices for achieving a legally defensible information governance program 10:30-11:00 NETWORKING BREAK 11:00-11:30 DRAFTING EFFECTIVE & ENFORCEABLE INFORMATION GOVERNANCE POLICY John B.A. Wilkinson, Partner, WeirFoulds LLP A key component of developing a high level corporate framework for an effective information governance program is the drafting of IG policy that is enforceable across all departments. This session will provide insight into effective language, enforcement strategies and benchmarks for the policy s effectiveness. Tools needed to efficiently manage and enforce your IG policy Ensuring policy evolves with new emerging technologies Incorporating updates to your policy Avoiding inconsistent implementation of your policy Using policy to promote collaboration between your IT and legal teams Strategies for keeping your policy up to date and adaptable Assessing compliance with policy: implementing ongoing monitoring 11:30-12:00 RECORD MANAGEMENT, RETENTION & DESTRUCTION BEST PRACTICES FOR IMPROVED INFORMATION GOVERNANCE Bruce Miller, President, RIMtech Inc. With rapidly changing technologies and the increasing complexity of litigation and legal retention requirements, having an effective electronic document and records management system is crucial. This session will highlight best practices for the implementation of a sound electronic records program, including a legally defensible records retention plan. Elements of a successful records retention program Implementing a successful retention program across the enterprise Best practices for identifying relevant information A strategy for destruction of non-records Achieving enterprise-wide user adoption How to avoid common implementation mistakes 12:00-12:30 INFORMATION GOVERNANCE AND INFORMATION SECURITY ISSUES: DATA BREACHES AND SECURITY Kathryn Manning, Counsel, Blake Cassels & Graydon LLP All Canadian organizations are legally responsible for ensuring that their personal information holdings are secured against unauthorized access, disclosure or other events that may give rise to potential data breaches. This session will examine effective measures that can be taken by your legal department to assist in achieving compliance with data security requirements. The legal framework: Canadian legislation and regulations, government policies and industry best practices Legal department s role in implementing and maintaining effective compliance procedures Key principles of information security Ensuring administrative, physical and technological controls are implemented and maintained Meeting compliance requirements and managing risk with data breach detection Ensuring that sharing of personal information complies with applicable laws Effective measures for the preservation and archiving of electronic documents 12:30-1:30 LUNCH

4 Increasing IG Effectiveness SESSION 2 Susan Nickle, Founder, Wortzman Nickle Professional Corporation Tuesday, Nov. 12 th 1:30-2:15 MANAGING BIG DATA RISKS AND OPPORTUNITIES Ceyda Tocsoy, National Director, Litigation Support & ediscovery, Ricoh Canada Inc. Big Data is causing in-house law departments and risk officers to pay very close attention to both the corporate risk and opportunities of this evolving area of information management. This discussion details how law departments can manage and capitalize on Big Data issues. How to tap into Big Data as evidence when it falls within the scope of a legal issue Addressing data security, privacy, compliance and ethics considerations Using Big Data to manage costs and increase efficiency within the department Moving away from siloed systems for case management toward a more integrated system 2:15-3:00 PANEL: ENSURING INFORMATION GOVERNANCE COMPLIANCE Susan Nickle, Founder, Wortzman Nickle Professional Corporation Jonathan Lau, In-House Counsel, Legal Services & Business Affairs, The Ontario Educational Communications Authority (TVO) Richard Corley, Partner, Blake, Cassels & Graydon LLP In today s data-driven world, law firms need to introduce a heightened accountability component to their record and information management function to adequately address the elevated risk levels being faced. This expert panel will provide practical advice on how to ensure information governance compliance while dealing with the business issues within their law firms. Effective law firm IG frameworks Responding to the imperatives of litigation Designing a strategic information management plan: key components and role in the process Emerging law firm records management practices Balancing flexibility and the desire for increased mobility with maintaining appropriate information governance Creating an information governance culture 3:00-3:30 NETWORKING BREAK 3:30-4:00 EFFECTIVE WORKING RELATIONSHIP BETWEEN LEGAL & IT PROFESSIONALS Pamela Fontaine-Peters, Principal, Micrapol Associates Ltd IT is not the only department struggling with the ever expanding volume of information that a corporation must deal with on a daily basis; legal departments are also feeling the strain. Legal and IT must work together to carefully consider the potential IM challenges, as well as the information security concerns that may arise. This session will look at best practices for developing an effective working relationship between legal & IT professionals. IM Incorporate the business needs of legal professionals and administrative staff into the system design Improving collaboration among IM, IT and legal professionals Overcoming obstacles to collaboration: organizational barriers to cooperation Integrated planning techniques 4:00-4:30 LITIGATION READINESS AND INFORMATION GOVERNANCE David N. Sharpe, Manager, ediscovery Services, KPMG LLP Good information governance programs reduce risks before, during and after litigation. Legal departments can provide invaluable assistance in the development of an IM strategy and help build better IM responsiveness to the risk of litigation. Litigation readiness can be a helpful way to put a tangible context around IM risks and provide guidance to addressing IM planning needs. Litigation preparedness through effective data governance Implementing litigation readiness activities: conducting records inventories, reviewing policy, creating data maps, and reviewing retention rules Role of counsel in formulating IG program for litigation preparedness Achieving accountability, transparency and auditability E-discovery s impact on IM strategy 4:30-5:00 IT PLANNING: IDENTIFYING THE TECHNOLOGY YOUR LAW DEPARTMENT NEEDS Daniel Horovitz, Senior Consultant, Deloitte LLP Kate Simpson, Knowledge & Information Architecture Consultant, Tangledom A systematic approach to technology planning will help avoid costly mistakes and will lead to the selection of the right technology to yield the most effective long-term benefits for your department. This session will look at the latest innovations in information management technology for law departments and how these tools can be used to improve information management and governance. Evolution of document review technology Integrating the latest software into your existing framework Core legal risks relating to new technologies Virtual legal departments to eliminate overhead and reduce costs Leveraging technology for litigation and compliance management Tools supporting specific legal services: using technology to enhance law department management Role of counsel in leading cross-functional teams for data privacy, data security and crisis management Implementing a long-term data management strategy with IT and

5 Managing Legal Risks SESSION 3 Lou Milrad, Principal, Milrad Law Office Wednesday, Nov. 13 th 9:00-9:45 IN-HOUSE COUNSEL PANEL: FOSTERING AN INFORMATION GOVERNANCE CULTURE Chair: Bernice Karn, Partner, Cassels Brock & Blackwell LLP George Begic, Associate General Counsel, Deloitte & Touche LLP Mark Johnson, General Counsel, Infusion Derek S. T. Baldwin, Director of Worldwide Operations and General Counsel, IBIS Corporation L. Brian Swartz, Senior Vice President, Legal and Commercial, Aecon Group Inc. Leadership from the top is critical to successful information management. This panel discussion of senior counsel from major Canadian companies details some of the key issues in establishing an information culture within the law department. How can and should good practices be identified, fostered and enforced? How much is about people processes rather than technology? Importance of senior management s support for establishing a culture that values information management How law departments have moved away from the good ole days of traditional law firm records management Evolution of law firm structures and flow of information 11:00-11:30 PRIVACY LAW ISSUES IMPACTING IG: COMPLIANCE WITH DATA SECURITY AND PRIVACY REGULATIONS Fazila Nurani, Senior Counsel and Lead Trainer, PrivaTech Consulting Constant developments in privacy and security laws are presenting business with greater challenges to ensure compliance with such laws. In order to put an effective information management program in place to avoid costly litigation and damage to corporate reputation, law departments must effectively oversee the establishment and functioning of a compliant IG plan. This session will review the law in Canada and the role of the law department in addressing these developments. Current state of privacy law: federal & provincial update Latest federal and provincial regulatory developments Ensuring compliance with data security and privacy regulations Recent case law and the latest guidelines Maintaining privacy compliance when outsourcing Addressing privacy challenges and risks associated with cloud computing Law department review of existing policies and procedures Establishing processes for data breach notification 11:30-12:00 9:45-10:30 ENSURING INFORMATION SECURITY IN THE LAW DEPARTMENT Derek S. T. Baldwin, Director of Worldwide Operations and General Counsel, IBIS Corporation Every day there are growing threats to your physical records and electronic data, making it increasingly important to implement and monitor effective security policies and technologies that mitigate risk to sensitive organizational records. This session will explore how to develop stronger security in order to protect information within the law department. Information security policies that are relevant to records management Procedural and technical security controls that implement or monitor security policies Collaborating with information security to elevate records management Strategies for managing authorized and unauthorized duplication of materials Protecting sensitive, confidential information when storing, accessing and transferring Security methods for storing and accessing sensitive documents and information Using retention schedules and status timelines 10:30-11:00 NETWORKING BREAK

6 Managing Legal Risks SESSION 3 cont d Lou Milrad, Principal, Milrad Law Offi ce Wednesday, Nov. 13 th PREDICTIVE CODING FOR INVESTIGATIONS Joseph Coltson, Managing Director, Global ediscovery & Forensic Services, Duff & Phelps Canada Limited The increasing volume and complexity of electronically stored information and the growing cost of e-discovery have created a need for development of sophisticated, high-speed processing, indexing and categorization in response to litigation and regulatory proceedings. Predictive coding, a means of separating relevant from non-relevant documents, has been one effective development, as practitioners leverage technology and new business practices to rein in e-discovery costs. Quality improvements and cost savings promised by predictive coding technology Different types of predictive coding offerings available Legal and ethical considerations in computer-assisted coding Processes needed to supplement the use of predictive coding Latest developments for the document review process Strategies, implications and challenges for predictive coding 12:00-12:30 PANEL: SECURING SENSITIVE DATA & INFORMATION Larry Swartz, Principal - Counsel, Morneau Shepell Ltd. Lisa C. Alleyne, Senior Counsel, Litigation, Bell Canada Frank Giblon, Partner, Cognition LLP The laws governing record retention and e-discovery are constantly being updated. As well there are evolving rules and regulations with respect to how information can be collected, how personally identifi able information is managed, and what happens to notifi cation requirements when information security is breached or privacy policies change. This panel will explore how law departments are dealing with information governance issues that impact risk mitigation, compliance and liability. Laws, rules and regulations: legal developments impacting information governance practices Key legal risks and requirements that impact document retention policies Implementing compliant document retention and elimination policies Auditing existing information management practices Removing information silos in the corporate framework Benchmarking program to achieve buy-in Budgeting for information management 12:30-1:30 LUNCH Audio/video segments clickable slide by slide Papers and overheads also included Print any of the material for your own use This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. Attendance at this course can be reported as 12 hours of Continuing Professional Development (CPD) to the Law Society of B.C. The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by another Law Society which has adopted MCLE for its members

7 Protecting Privacy & Privilege SESSION 4 Lou Milrad, Principal, Milrad Law Office Wednesday, Nov. 13 th 1:30-2:15 CONVERGENCE OF EDISCOVERY AND INFORMATION GOVERNANCE: PROTECTING PRIVILEGE, CONFIDENTIALITY AND PRIVACY DURING E-DISCOVERY Laurie A. MacFarlane, Senior Counsel, Litigation, CIBC E-discovery requires proper management of an organization s digital records in order to identify, preserve, and provide information as part of the discovery process. Having a comprehensive information governance infrastructure in place is a critical component of e-discovery readiness and regulatory compliance. This presentation will provide best practices for building a successful e-records retention strategy and will look at ways to maintain privacy and data security throughout the e-discovery process. How the law of privilege impacts e-discovery practices Privacy legislation in Canada and its impact on e-discovery Processes and procedures for addressing e-discovery and information governance needs Corporate lawyer s role in the company s information governance strategy Key legal risks and requirements that impact document retention policies Confidentiality orders: common law or civil procedure rules that limit information disclosure Balancing the protection of privilege & disclosure of e-documents in litigation 2:15-3:00 LEGAL & PRIVACY CONSIDERATIONS IN OUTSOURCING Lisa K. Abe-Oldenburg, Partner, Bennett Jones LLP Companies outsource a wide variety of functions to third-party service providers, thus exposing themselves to privacy risks pertaining to shared information. This session will focus on best practices for managing privacy and security issues and safeguarding information when entering into outsourcing relationships with third parties as well as key considerations in cloud-based computing services. Legal considerations in outsourcing and cloud computing Understanding the overlapping network of federal and provincial privacy laws Ensuring privacy law compliance in outsourcing and cloud computing relationships Evaluating third party compliance: due diligence, third party audits and contractual terms Unique vulnerabilities of remote data and cross-border data flow Addressing privacy and security in outsourcing and cloud computing service agreements Managing risks when outsourcing or engaging in cloud-based computing services 3:30-4:00 ADDRESSING BUSINESS CONTINUITY: STRATEGIES TO PREPARE FOR DISASTER RECOVERY Elisabeth Symons, Partner, Mann Symons LLP In today s environment, disasters come in many unexpected forms. Having an effective business continuity and disaster recovery plan as part of your overall information management program is essential in order to mitigate damages and loss in the event of a disaster. This session will look at the legal department s role in ensuring business continuity in your legal department. Essential components of a disaster recovery plan to mitigate damage Disaster risk management strategies for data protection Establishing informational priorities: key policies and controls Assessing legal risks for failure to recover documents in the event of a disaster 4:00-5:00 MASTER CLASS: LAW DEPARTMENT CHALLENGES CREATED BY BYOD AND SOCIAL MEDIA: DEVELOPING GOVERNANCE STRATEGY TO MANAGE SOCIAL MEDIA LEGAL RISKS Lou Milrad, Principal, Milrad Law Office BYOD and social media have created challenges for law departments, as they are struggling with what limits they can place on employees use of social media and, when disputes arise, the discoverability and evidentiary value of social media entries. Similar issues arise with respect to the use by today s mobile workforce of personal devices for company work. This session will examine how your legal team can develop an effective legal risk mitigation strategy to effectively manage information in social media environment. Identifying legal risks and issues that social media tools and mobile technology present Legal department s role in developing effective policy Ensuring social media governance strategy is aligned with the existing policies and standards of the organization Recent developments in the area of privacy impacting social media Emerging issues on breaches of privacy and confidentiality Risks of misuse of corporate data shared online Information governance implications for BYOD E-discovery risks with BYOD 3:00-3:30 NETWORKING BREAK

8 APPLICABLE TOWARD CPD REQUIREMENT Inaugural November 12 & 13, 2013, Toronto Information Governance for Law Departments Creating legally defensible practices in a technologically advanced world COURTYARD BY MARRIOTT DOWNTOWN TORONTO 475 YONGE STREET TORONTO, ON M4Y 1X7 To register for Delegate Name Delegate Title Approving Manager Name Approving Manager Title Department Organization Address City Province Postal Code Telephone ext Fax Cheque enclosed (payable to Federated Press) for: REGISTRATION COSTS GST Registration # R Please bill my credit card: AMEX VISA Mastercard Credit Card # Signature: Information Governance for Law Departments Book & Pay by Aug. 12/13 $ Book & Pay by Sept. 12/13 Expiration date: / Regular Price Mail completed form with payment to: Federated Press P.O. Box 4005, Station A Toronto, Ontario M5W 2Z8 UNCONDITIONAL UPGRADE POLICY If you have registered for a similar or simultaneous event and wish to attend this Federated Press event instead, we are so sure that you will fi nd this conference of more value that we will refund any cancellation fee up to $ GROUP DISCOUNT If you register four people at the same time you will be entitled to a discount. To take advantage of this special offer, payment for all delegates must be made with one cheque or credit card charge. Contact Sandra Frattolillo at: ext. 223 for more information Toronto: (416) info@federatedpress.com (416) Conference + CD-ROM ($150) $ 1925 $ 2025 $ 2125 Conference $ 1775 $ 1875 $ 1975 CD-ROM only $ 499 * Breakfasts, luncheons, morning and afternoon coffee breaks are included in the registration fees. Please add 13% HST to all prices. / PBN# PG0001 CD-ROM: The modern way to benefit from leading-edge conference information. Weren t able to attend this Federated Press conference? Though you cannot replace the experience of attending, you can benefi t from the leading-edge information provided at the conferences, including all the written materials and video presentations by purchasing the Proceeding CD ROM. Our conference CD-ROMs create the experience of actually being at a lecture or conference. Cancellation: Please note that non-attendance at the conference does not entitle the registrant to a refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. A copy of the conference papers will be provided in any case. Please notify Federated Press of any changes as soon as possible. Federated Press assumes no liability for changes in program content or speakers. A full refund of the attendance fee will be provided upon cancellation in writing received prior to Oct. 30, No refunds will be issued after this date. Payment must be received prior to Nov. 5, 2013 WHEN CALLING, PLEASE MENTION PRIORITY CODE: IGLD1311/E