Main Conference Day One Wednesday, February 24, 2010
8:00 - 10:00 Workshop A: Mitigating The Risks Of Mergers And Acquisitions
7:45 AM Registration & Coffee
The unprecedented level of mergers and acquisitions has disrupted the normal course of business at many financial institutions, causing major upheavals in operations and personnel. In the face of these activities, counsel must balance compliance concerns with resource constraints.
What We Will Cover:
- Evaluating accountability issues
- Inheriting the responsibility of preserving ESI of new and departed employees
- Integrating different data systems
- Placing relevant data and metadata under a litigation hold
- Preservation vs. abandonment: tackling the costs of keeping nonbusiness essential hardware, access software and data
- Migrating, managing and maintaining electronic data
- Cybersecurity of a merging counterpart and protecting data online
How You Will Benefit:
- Learn how to manage incompatible data systems
- Establish a framework to communicate and monitor new policies
- Prepare your company to defend against future liabilities stemming from defective products, employee benefits or terminations, or environmental damage
Workshop Leaders:
Christoph J. Roggenkamp
Legal and Electronic Discovery Consultant
Pali Capital
Salvatore S. Bisignano
Vice President, Corporate & Operational Risk
Barclays Capital
9:30 Registration And Coffee
10:10 Chairman’s Welcome & Opening Remarks
10:20 Weathering A Stormy Economy: The Regulatory Forecast
- Highlights of key regulations affecting e-discovery and how they are impacting the financial services industry
- Structure and regulatory responsibilities of different agencies, roles within each agency, and how to best interact with them in proceedings involving e-discovery
- Applying the same privilege rules to e-discovery proceedings involving the government as those applied to private citizens
- Effect of new “red flag” requirements for financial institutions and creditors on e-discovery and implementing a program that detects, prevents and mitigates risks that are prevalent in identity theft
- Discussing the impact of the amended discovery rules on the second request process
- Identifying the components of an effective overall electronic information management, retention and destruction strategy for companies with potential antitrust concerns
- Resolving concerns about privacy and information security
Moderator:
Craig Carpenter
General Counsel
Recommind
|
Linda Riefberg |
David Shonka |
|
Tracy Greer |
G. Jeffrey Boujoukos |
11:10 Networking Break
11:30 Don’t Strike Out in Court: Avoiding Sanctions and Hitting a Grand Slam
- Latest decisions on the affect of FRCP and Fed Rule of Evidence 502 on e-discovery
- Case management of ESI under current pleading standards and FRCP
- Recent decisions on collection and production of ESI by corporate entities
Moderator:
Honorable Ronald J. Hedges
Former United States Magistrate Judge
District of New Jersey
Panelists:
|
Honorable David J. Waxse |
Honorable John J. Hughes (Ret.) |
| Vice Chancellor Donald F. Parsons, Jr Court of Chancery Delaware |
12:20 Luncheon
1:10 Keeping Count as State Laws Multiply
- Survey of state approaches to e-discovery
- New York e-discovery rules and the laws of other states, including Texas and California
- State adoption of Fed Rule of Evidence 502
Panelists:
|
Honorable Ronald J. Hedges |
Honorable Frank Maas |
Vice Chancellor Donald F. Parsons, Jr |
Professor Bernadette B. Genetin |
2:10 Real Life Practices for Building a Corporate E-Discovery Response Team
- Identifying who needs a seat at the table: Defining roles and coordinating functions
- Fostering partnership and bridging the communication gap between Legal, IT, and other functional areas
- Getting buy-in/sponsorship and ensuring accountability
- Establishing standardized e-discovery processes and implementing a methodology to evaluate success
- The impact of technology and vendor selection
- Role of IT staff who could be called as witnesses
Moderator:
Matthew H. Eisenberg
Senior Manager
Deloitte Financial Advisory Services LLP
Panelists:
|
Gregory Witczak |
Salvatore S. Bisignano |
Joanne R. Lane |
Alexander H. Shapiro |
3:00 Outsourcing Document Review: Saving Solutions You Can Bank On
- Advantages and disadvantages of outsourcing and global sourcing
- Partnering with the right vendors that understand your concerns
- Variables to consider when establishing a document review budget
- Creating quality control procedures
- Reviewing the latest tools and technologies
Panelists:
|
Andrew Goodman |
Sreeram Gutti |
Len Robinson
|
3:50 Networking Break
4:20 Globe Trekking Issues And Conflicts
- Crossing international borders: coping with different national and multinational regulatory requirements (ex. German Data Protection Law, The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, The EU Data Protection Directive with its Safe Harbor approach or the French Blocking Statue)
- Overcoming the risks involved in operating a global organization and the benefits in segregating data
- Protecting personally identifiable information: EU v. U.S. perspectives on privacy
- Drafting global document retention and destruction policies
- Searching foreign data: challenges and solutions
Moderator:
Regan Adams
Former General Counsel
Goldman Sachs
Panelists:
|
Ronald Gray |
Wayne C. Matus |
Albert C Hilber |
5:10 The Madoff Factor: Taking Stock Of E-Discovery In Securities Fraud And Derivatives Litigation
- Types of fraud and regulatory record keeping requirements
- Duty to preserve: triggers and safeguards (obstruction of justice provision in Sarbanes Oxley, instituting a litigation hold and issuing notice to involved employers)
- Problems with ESI in mortgage-backed securities versus credit default swaps
- Cost-effective ways to search derivatives contracts and electronic trading records
- Containing risks of a corporate internal investigation and implementing cost-effective in-house strategies
Panelists:
|
Len Robinson |
Maria R. Mauro, Esq. |
Marianne Bretton-Granatoor |
Fred A. Pulzello |
