Main Conference Day Two Thursday, February 25, 2010

8:45 Chairman's Welcome & Opening Remarks

9:00 Handling E-Discovery During Insolvency, Bankruptcy Or Restructuring

• E-discovery challenges specific to bankruptcy litigation and making proper use of the relevant bankruptcy code sections
• Fraud allegation or claim for substantive consolidation
• Dealing with consultants and restructuring
• Loss of financial resources and human resources
• Searching bankruptcy records: best tools

Moderators:

Martin T. Tully
Partner and Chair of Electronic Discovery & Evidence Practice
Katten Muchin Rosenman LLP

Panelist:

9:50 Labor Pains: Expediting E-Discovery In Employment Lawsuits

• Deciding on amount of time companies being sued should anticipate keeping data
• Accessing records of employees in foreign locations
• Making sure document retention and disposal policy complies with internal/external employment policies
• Managing email communications containing confidential employee information
• Understanding how international employment policies and wage laws interact with those in the U.S. in e-discovery proceedings
• Creating internal protocols for communicating policies for legal holds to employees and securing retention of data in the case of new hires, transfers and terminations
• ESI preservation steps to take upon terminating of employment
• Employer reach over electronic devices privately owned by employees to search for company ESI

Panelists:

11:10 Coordinating E-Discovery In Class Actions: Can't We All Agree?

• Impact of CAFA and other federal and state regulations
• Determining a reasonable production budget and allocating costs between parties
• Best methods for data preservation and implementing, monitoring and enforcing a litigation hold
• Best case management techniques: Rule 23 class certification requirements and pleading standards after Iqbal
• Agreeing on a common search method and search terms
• Ethical duties of counsel before, during, and after class action litigation
• Advantages and disadvantages of arbitrating class actions

Panelists:

12:00 Social Networks And Other Non-Traditional Technology: The New Face Of Electronic Discovery

• Regulations/guidance already in place on using new technologies and what direction requlators are moving given precedents
• Corporate risks of participating in social networking sites
• Formulating corporate policies for use of social networking sites
• Methods for collecting/searching postings relevant to e-discovery
• VoIP and the ramifications for storage, archiving and retrieval-- Unified Messaging (UM) system UM vendors have not typically developed their products with an eye toward meeting court requirements
• Challenges involved in cloud computing and where data resides
• Discussion of privacy and ethical implications of using emerging technology

Moderator:

Martin T. Tully
Partner and Chair of Electronic Discovery & Evidence Practice
Katten Muchin Rosenman LLP

Panelists:

12:50 Chairman's Closing Remarks

2:00 - 4:00 Workshop D: Early Case Assessment Strategies And Pitfalls Of Disjointed Collection

1:45 PM Registration & Coffee

What We Will Cover:

• The disparate collection techniques and their potential pitfalls (and benefits)
• Ethics issues related to early (pre-litigation) searches and discovery
• Devising sophisticated keyword search criteria to focus on key aspects of a potential litigation
• Recent case law regarding keyword searches
• Recent case law on preservation and spoliation

What You Will Learn:

• How to exploit existing tools to identify potentially relevant electronically stored information (ESI)
• How to collect the ESI in a standardized manner that is defensible and resistant to challenges
• How to review the ESI quickly to make an educated assessment of the company's exposure and the merits of the case
• How to conduct pre-Rule 26(f) conference searches in order to cut discovery costs

Workshop Leaders: