The ediscovery Training Academy:

Transcription

1 The ediscovery Traiig Academy: The Itersectio Betwee Law & Techology Jue 5-10, 2011 Georgetow Uiversity Law Ceter Washigto, DC

2 Why This Academy is Uique: Georgetow Law s revamped ediscovery Traiig Academy will be a uique learig experiece. The Academy s full-week techology-focused curriculum will give you total immersio i the subject of ediscovery, featurig a highly persoalized, iteractive istructioal approach desiged to foster a itese coectio betwee all studets ad a reowed faculty. Additioally, two federal magistrate judges, Ho. Paul Grimm ad Ho. Joh M. Facciola, will be available throughout the week to provide guidace from a judicial ad pragmatic poit of view. The Academy has bee redesiged by experts to be a challegig experiece leadig to a comprehesive uderstadig of the disciplie. It will be demadig, but it will be oe of your most excitig ad successful learig experieces if you ivest the time ad effort. What You Will Lear ad How It Will Beefit You i Your Job: You will address the full scope of the practice of ediscovery durig the Academy. The teachig modules will explore the broad spectrum of strategic, legal ad techical aspects of this complex field. Uiquely, the Academy has bee co-desiged by a foresic scietist ad will place the most sigificat emphasis o the exus betwee techology ad the law, a exus too ofte igored at traditioal CLE programs. Simply put, for a part of the program you will sit at your computer usig tools ad udertakig exercises desiged to give you hads-o exposure to the fudametals ad itricacies of electroically stored iformatio. The Academy will also address the latest legal issues affectig ediscovery. These iclude: search types, protocol, ad certificatio of search methodology; legal hold aalysis, FRE 502 sectio aalyzig iadvertet disclosure, attorey-cliet privilege ad work product ad limitatios o waiver; latest aalysis o cost allocatio, proportioality, ad ot reasoably accessible issues; as well as a host of other ediscovery issues. You will quickly realize that this is a demadig, yet fulfillig, program which will educate you for a positio amog the leaders i the field. The Academy will give you a wealth of iformatio o the subject of ediscovery ad also provide you with the capability to make well-iformed, wise, cost-effective, ad pragmatic decisios i addressig ediscovery issues. You will also lear how to most effectively commuicate those decisios to your cliets ad colleagues, both iteral ad exteral, alleviatig fear ad skepticism. A Lear-by-Doig Approach: Durig the Academy you will essetially be servig i a appreticeship observig closely, questioig thoroughly, ad uderstadig itimately the approach ad kowledge of true experts at their work. From the exploratio of decisioal law with the federal magistrates who helped craft the jurisprudece to the uderstadig of specialized techology, data sources ad the mysteries of computer systems, this course has the ability to place you head ad shoulders above your colleagues i ediscovery. The class size will be small to foster optimum iteractivity, so please register as soo as possible to avoid beig closed out. Come prepared to accept the academic challege ad to view your future with a very differet perspective. Te Beefits of The Academy: 1. Our small faculty will be with you throughout the week, with judges participatig every day 2. The experts teachig the Academy are the same oes who plaed it from scratch 3. Faculty iclude several of the leadig ediscovery experts i the Uited States 4. You will have the beefit of advace readig assigmets to better prepare you before the Academy begis 5. Your tuitio icludes a copy of the leadig ediscovery treatise, four best practice guides, a 26(f) plaig guide, ad IT questios icludig a ebook CD ad hard copy of the materials 6. You will observe ad participate i computer demostratios of critical ediscovery processes 7. Use your ow laptop to practice with hads-o exercises to assess your kowledge ad learig 8. Participate i a meet ad cofer capstoe exercise at week s ed to cemet your learig 9. Create lastig etworkig relatioships with colleagues from across the coutry 10. Receive persoalized feedback from our all-star faculty after the Academy cocludes based o tests of your proficiecy

3 Who Should Atted: I-house ad outside cousel Practice ad litigatio support professioals IT ad system specialists Corporate executives Members of the judiciary Learig Objectives As a result of participatig i this itesive Academy, you will: Possess a clear uderstadig ad the commuicatios skills ecessary to coverse about the pricipal compoets of a busiess iformatio systems eviromet, icludig the operatio ad role of storage devices, desktop machies, portable devices, mail ad file servers, etworkig, file shares, collaboratio tools, ad backup. Be familiar with file systems ad uderstad the file types ad locatios that comprise the most commo sources of discoverable ESI. Be able to idetify ad distiguish betwee the pricipal forms of metadata, as well as recogize the types ad evidetial sigificace of particular metadata fields associated with the most commo sources of discoverable ESI. Grasp, whe a ew matter comes i, the questios to ask ad the istructios to offer to take the lead i a defesible ESI preservatio protocol. You will kow eough about the computig eviromet to gauge its parameters, iterrogate users ad IT persoel about the pricipal sources, as well as to desig, commuicate ad implemet a soud, cost-effective ESI preservatio effort for a small to mid-size busiess. Be sufficietly proficiet to take the lead ad act as skilled advisor to cousel i the Rule 26(f) process. This resposibility ecompasses both propoudig ad defedig agaist ediscovery, ad demads you gai the requisite kowledge of sources, accessibility cosideratios, project costs ad realistic schedules to eter ito bidig productio agreemets cocerig, for example, preservatio, collectio, samplig, de-duplicatio, search ad forms of productio. Special Learig Tools: You will be provided specific readigs prior to the Academy to make sure you are up-to-date o requisite ideas ad kowledge, ad you will be asked to read material each eveig to prepare for the ext day s curriculum. You will participate o a team throughout the week, culmiatig i a mock Rule 26(f) presetatio before a leadig U.S. Magistrate Judge o Friday. You will be provided with specific feedback o your performace after the Academy cocludes. You will take a pre-assessmet ad a fial exam to measure your learig progress. Course Materials Icluded i your Academy tuitio is the 2011 editio of the most comprehesive ad scholarly publicatio i the disciplie, the 1,400+ page Arkfeld o Electroic Discovery ad Evidece, Third Editio (a $ value). Alog with the treatise, you ll also receive a searchable electroic ebook editio ad four hady Best Practice Guides, icludig the latest guides o ESI Strategy ad Tactics, IT Primer ad Legal Hold. I additio, icluded is a Rule 26 meet ad cofer plaig guide, model forms ad IT questios for use i coferrig with your cliet, depositios ad so o. Reviewig these publicatios for Amazo.com, Craig Ball wrote, Michael Arkfeld s treatise o ediscovery is peerless amog publicatios. No other volume offers the ecyclopedic treatmet of the topic ad its depth ad breadth of scholarship. Michael Arkfeld lucidly weaves practical kowledge gleaed from years at the bar with a professorial commitmet to case law ad best practices.

4 Ageda Suday, Jue 5 5:00 5:30 pm Registratio 5:30 7:00 pm Cocktail Receptio Sposored by LeClairRya Moday, Jue 6 8:00 8:30 am Cotietal fast 8:30 9:45 am Durig this opeig segmet, our two oted faculty jurists will set forth the expectatios ad outlie the value of techical fluecy i iformatio systems as a core litigatio skill. The focus will be o challegig you to help improve the competecy of legal professioals i applyig IT cocepts to legal issues. This sessio will iclude class objectives, faculty itroductios, opeig commets, itroductio of class materials, computer software orietatio ad a pre-assessmet examiatio focusig o IT ad ediscovery cocepts. You will be divided ito teams for purposes of the meet ad cofer scheduled for Friday morig. 9:45 10:00 am 10:00 am 12:00 pm Local Computig Systems & Applicatios: How Does a Computer Work? The opeig sessios will acquait you with the fudametals of iformatio techology ad storage, but ot at a level that assumes o facility with computers. You should emerge with a appreciatio of the variety ad variability of storage media, devices, locatios ad types of electroic evidece, data ecoded i varyig schemes ad the challeges those ecodig schemes preset i ediscovery. You will lear how data is stored, the termiology used to describe storage ad why deleted data is ot goe. I additio, emphasis will be placed o the differet types of metadata. The fudametals of computer foresics will also be addresed. As a exercise, you will examie commo media formats, ope up a hard drive ad become more comfortable with data at every level. 12:00 1:30 pm Luch 1:30 2:45 pm (Cot.) Local Computig Systems & Applicatios: How Does a Computer Work? 2:45 3:00 pm 3:00 5:00 pm What is a Eterprise IT Architecture? Networks, Servers, Backup Systems & the Iteret You will lear the IT architecture of orgaizatios focusig o the persoel, hardware, software ad applicatios. Special attetio will be give to etworkig, icludig commo protocols, servers, the cliet/server eviromet, ad hardware storage devices. This will provide the prelimiary basis for a careful examiatio of backup systems ad their commo implemetatios i eterprise eviromets. The distictios betwee full, icremetal, differetial, ad block backups will be explaied, ad their importace i a suspesio, restoratio ad samplig strategy will be aalyzed. You will be itroduced to the buildig blocks of eterprise data systems, icludig physical servers, virtual machies, RAID arrays, SAN ad NAS, etworkig, shares ad databases. You will lear about the structure of the Iteret, icludig the World Wide Web (WWW) ad the use of HTML ad browsers. Also, we will focus o web storage i file caches, cookies, OLK folders ad temporary Iteret files. Special attetio will be give to the emergig tred of cloud computig. Tuesday, Jue 7 8:00 8:30 am Cotietal fast 8:30 9:00 am Review & Q&A from Readigs 9:00 am 12:00 pm (9:45-10:00 am ) Mail Systems Sice has become oe of the primary ad essetial meas of commuicatio for most busiesses ad idividuals, this sessio will examie how it works, is structured ad stored. Explaatios will be provided o the termiology such as SMTP, POP, ad Dumpster ad their role i ediscovery. Popular software programs will be discussed ad the differet cosideratios for idetifyig, collectig ad processig will be assessed. Special attetio will be give to olie (webmail) ad offlie . 12:00 1:30 pm Luch

5 1:30 2:45 pm Databases Databases are oe of the most frequetly sought after ad disclosed sources of electroic iformatio. They ofte hold the primary iformatio ad kowledge of a busiess. This sessio will focus o what they are ad the differet busiess applicatios. You will lear about how they are structured, what query laguage is ad ediscovery cosideratios such as data dictioaries, schemae, report geeratio, direct access ad export formats. 2:45 3:00 pm 3:00 5:00 pm Idetificatio, Collectio & Preservatio of ESI Data ad hardware mappig models are usually provided before the meet ad cofer sessio to esure both parties have a uderstadig of the iterrelatioships amog data that is liked ad to esure that the ESI you are producig or requestig has bee provided. Durig this sessio, you will lear why data mappig should iclude IT, HR ad accoutig records as well as questioaires ad iterviews with key custodias ad IT persoel. Lear about data mappig of ESI from the disclosig party as well as agets, cotractors, former employees ad third parties. After aalyzig how to locate the ESI, you will receive explaatios about the collectio of the data, icludig a foresically soud acquisitio, tools ad techiques ad the costs ivolved. Special attetio will be give to active data duplicatio ad collectio from olie sources to esure its autheticatio, metadata acquisitio ad prevet corruptio. Wedesday, Jue 8 8:00 8:30 am Cotietal fast 8:30 9:00 am Review & Q&A from Readigs 9:00 9:45 am Preservatio of ESI Backups Oe of the critical issues i ay ESI case is the implemetatio of a effective legal hold process, which ivolves the preservatio of relevat, resposive ESI. This sessio will explore the cosideratios i preservig backup tapes ad other sources of relevat ESI. Explaatios will be provided of disablig purge cotrols ad suspedig rotatio of tapes. 9:45 10:00 am 10:00 11:00 am Legal Holds With ay case, the obligatio of cousel is to preserve ESI oce a triggerig evet has occurred. From a IT perspective, this sessio will focus o cosideratios of the scope of productio from custodias, ESI sources ad at what itervals. I additio, discussio will focus o esurig commuicatio with idividuals ivolved i the case as well as esurig compliace with audits. 11:00 am 12:00 pm Cullig, Processig & Search After the collectio of the ESI, how do you esure its autheticatio, chai of custody ad reducig the populatio? This sessio will examie the cocepts of hashig, filterig ad de-duplicatio of data to maageable levels. 12:00 1:30 pm Luch 1:30 2:45 pm Search Tools & Filterig Methodologies A critical issue i ediscovery is the techological issues of searchig for preservatio, filterig ad disclosure purposes ESI. Use of ESI search techiques ad their limitatios such as key word searchig will be examied. You will lear about emergig advaced search techology, samplig ad documet aalytics. You will discover the metrics of search ad protocols to ehace the search process, as well as the importace of quality cotrol. 2:45 3:00 pm 3:00 5:00 pm Forms of Productio I ay case ivolvig ESI there are several key IT issues that must be decided to determie i what format ESI is produced ad disclosed to the requestig party or i what format you will be receivig ESI. The forms of productio, icludig ative files, TIFF ad PDF will be examied, as will their effect upo ediscovery. A myriad of issues affect disclosure icludig the pros ad cos of the various forms, whether metadata is to be icluded, coversio problems, bates umberig ad redactio. Fially, you will examie the various cost cosideratios ad the form ad timig of disclosure. You will also lear how to select ad audit the work of vedors who provide data processig services. Electroic documets are more tha what you see whe prited or displayed o a moitor. Each electroic documet is a database that stores hidde iformatio. Discover the differet forms of productio ad how each form ca impact a ediscovery case. You will gai a uderstadig of ative files, tagged image file format, portable documet format, metadata, embedded data ad several other forms of ESI. Thursday, Jue 9 7:30 8:00 am Cotietal fast 8:00 9:45 am Legal Holds, Triggerig Evets & Scope of Discovery This sessio will focus o a party s preservatio obligatios ad various triggerig evets that madate that a legal hold be implemeted. You will review the various classificatios ad termiology of ediscovery ad its effect o legal cocepts such as ot reasoably accessible. You will also focus o the claims ad defeses of a case ad the scope of ESI discovery. 9:45 10:00 am 10:00 am 12:00 pm Limitatios & Protectios i Producig ESI The focus of this sessio will be o the limitatios ad protectios afforded litigats i ediscovery proceedigs. This will iclude cotrollig costs ad objectios based o burdesome, relevacy, overbroad ad accessibility of ESI, i additio proportioality, samplig ad their effect o ESI disclosure. You will explore the legal cases ad steps for eterig ito a owaiver agreemet, whe a ispectio of a computer system is justified ad the appropriate foresic ad privilege procedures. 12:00 1:30 pm Luch

6 1:30 3:00 pm The Evolvig Law o Search Techiques & Protocols The emergig law ad ethics o search techiques ad protocols will be aalyzed. Particular emphasis will be placed o what costitutes a reasoable search ad whether lawyers are qualified to craft search protocols. Rule 26(g) certificatios will be reviewed ad will explore whether oe should cooperate i egotiatig a search protocol i the cotext of affirmative ad defesive search strategies. Federal Rule 502(b): Advaced Aalytics, will be reviewed i the face of recet decisios ad a focus o defesibility of advaced search techiques will be discussed. Fially, you will review stateof-the-art research o automated versus maual methods. Friday Jue 10 8:00 8:30 am Cotietal fast 8:30 9:00 am Fial Examiatio 9:00 am 12:30 pm Mock 26(f) Coferece Teams will take part i a mock 26(f) coferece before U.S. Magistrate Judges Joh Facciola ad Paul Grimm. Each team will be charged with resposibility for oe aspect of the case beig used as a hypothetical. Our expert faculty will observe ad offer tips ad feedback. All participats will be able to observe each aspect of the coferece. 12:30 1:30 pm Luch 1:30 3:30 pm Lurkig Dagers of Admittig ESI The week s program will coclude with a overview ad demostratio focusig o the myriad issues affectig the admissibility of ESI such as autheticatio, hearsay ad other evidetiary matters. The featured demostratio will focus o the direct ad cross-examiatio of witesses regardig the security ad reliability of busiess records. 3:30 pm Adjourmet 2:45 3:00 pm 3:00 5:00 pm Emergig Issues The fial sessio of the day will focus o topics such as third party ad iteratioal discovery, a hard look at spoliatio ad sactios, the differet stages of the ESI processig, ad maagemet ad cotrol of a ediscovery project. About Georgetow Law CLE Georgetow Law CLE has a established traditio with over 30 years of experiece providig the legal commuity high quality programs. Our programs are developed with the professio s ever-chagig eeds i mid, while at the same time meetig the madatory CLE requiremets of various state bars. Located i the heart of the atio s capital, we feature the coutry s leadig govermet officials, judges, ad practitioers. Plaig Committee ad Faculty: Ho. Joh M. Facciola Magistrate Judge U.S. District Court for the District of Columbia Washigto, DC Ho. Paul W. Grimm Chief Magistrate Judge U.S. District Court for the District of Marylad Baltimore, MD Kevi F. Brady Coolly Lodge Bove & Hutz LLP Wilmigto, DE Ovie Carroll U.S. Departmet of Justice Washigto, DC Robert A. Eiseberg Precise, Ic. New York, NY Distiguished Lecturers: Jaso R. Baro Natioal Archives ad Records Admiistratio College Park, MD Maura R. Grossma Wachtell, Lipto, Rose & Katz New York, NY Michael R. Arkfeld Arkfeld & Associates, LLC Phoeix, AZ Craig D. Ball Craig D. Ball, P.C. Austi, TX David Neal Guidace Software Chicago, IL Thomas O Coor Gulf Coast Legal Techology Ceter New Orleas, LA

7 Academy Details Locatio Georgetow Uiversity Law Ceter, 550 First Street NW, Washigto, DC Hotel Iformatio Georgetow Uiversity Law Ceter CLE has preferred rates at several hotels located withi a few blocks of the Law Ceter. Please use the iformatio below to secure the discouted rate. Hyatt Regecy Washigto DC o Capitol Hill 400 New Jersey Aveue, NW Washigto, DC (202) (800) Whe callig for reservatios, ask for Corporate Number The Liaiso Capitol Hill, A Affiia Hotel 415 New Jersey Aveue, NW Washigto, DC (202) Whe callig for reservatios, ask for the Georgetow rate. The Hotel George 15 E Street, NW Washigto, DC (202) (800) Use the Rate Code GUL. Services for People with Special Needs or Dietary Restrictios Call Cacellatio Please fax your cacellatio otice to or to [email protected] by 5:00pm EST o Moday, May 30, 2011 for a refud (less a $100 admiistrative fee). Rai checks for a future program will be grated for cacellatios received after May 30 ad prior to the start of the program. Participatio The Academy is desiged to provide you a high level of iteractio with the faculty ad fellow Academy participats. I order to assure a hads-o learig experiece, class size has bee limited to 50 participats with madatory attedace for the full week. Moey-Back Guaratee We are cofidet that you will leave this coferece with more tha eough ideas ad isights to make your ivestmet pay off. However, if you feel you have ot received your moey s worth by the ed of the program, simply cotact a member of our registratio team at the coferece or call (202) ad we will process a 100% refud for your registratio fee. CLE Credit Accreditatio will be requested for this program from states with madatory Cotiuig Legal Educatio requiremets upo request. Georgetow Uiversity Law Ceter is a accredited CLE provider i most MCLE states. Georgetow Law CLE is a State Bar of Califoria approved MCLE provider. Some states require omial accreditatio fees, ad for those states, you will be asked to submit paymet. Scholarships Georgetow Law CLE makes every effort possible to provide equal educatioal opportuities to all. We provide a limited umber of scholarships o a case-by-case basis. Apply olie at or submit writte request o later tha 5:00 pm EST o Moday, May 16, Scholarship Committee Georgetow Law CLE 600 New Jersey Aveue, NW Washigto, DC or fax to (202) Dress Attire Our suggested dress for this program is busiess casual. Meetig room temperatures may vary, so we suggest brigig a sweater or light jacket. Course Materials Icluded i your Academy tuitio is the 2011 editio of the most comprehesive ad scholarly publicatio i the disciplie, the 1,400+ page Arkfeld o Electroic Discovery ad Evidece, Third Editio (a $ value). Alog with the Guide, you ll also receive a searchable electroic editio ad four hady Best Practice Guides, icludig the latest guides o Strategy ad Tactics ad Legal Hold. Reviewig these publicatios for Amazo.com, Craig Ball wrote, Michael Arkfeld s treatise o ediscovery is peerless amog publicatios. No other volume offers the ecyclopedic treatmet of the topic ad its depth ad breadth of scholarship. Michael Arkfeld lucidly weaves practical kowledge gleaed from years at the bar with a professorial commitmet to case law ad best practices.

8 Registratio Form ediscovery Traiig Academy o $2950 Registratio o $2000 Govermet Registratio o $2750 Georgetow Law Alumi Rate Will you atted the Suday Receptio? o Yes o No For multiple registratio discouts, please cotact Sarah Jea Kelly at (202) or [email protected] Name: o Mr. o Ms. address: (please prit clearly) Firm/Orgaizatio: Address: City: State: Zip: Phoe: ( ) Fax: ( ) CLE credit? o Yes o No What state(s)? Bar #: Priority Code: FOUR WAYS TO REGISTER: 1. ONLINE 2. MAIL with check payable to Georgetow Law CLE to address below. Check eclosed # $ or purchase order may be attached to this form # 3. FAX to (credit card/po registratios oly) o VISA o MC o AMEX Card #: Expiratio Date: Sigature: 4. PHONE to (credit card registratios oly) Georgetow Uiversity Law Ceter Academic Cofereces ad Cotiuig Legal Educatio 600 New Jersey Aveue, NW Washigto, DC