8:00 Chairperson's Welcome And Opening Address

Edward Rippey
Partner, Co-Chair E Discovery Practice Group
Covington & Burling Llp

8:15 Tapping Into Your Resources To Organize An Effective Records Management Program

If you get your records management program right, you will save significant money in the long run. If you don't know where your records are, you're toast! Discover how to tap into your existing resources to unify your records management and know what you have and what you want.

• Knowing where your information is to avoid risk from a legal and compliance perspective
• Handling the tension between a company saying they can't afford records management and the courts saying you must as a cost of doing business
• Investing up front to avoid spoliation and other penalties
• Understanding how document management and eDiscovery are profoundly affecting the way IT departments function
• Discover how an effective knowledge management program will make your company more competitive!

Panel Moderator
Martin T. Tully
Partner
KattenMuchinRosenman LLP

9:05 The Tie In Between Information Governance And Litigation Preparedness

It's a solid business practice to prepare your organization to develop a litigation preparedness plan - especially in this economy.

• Benchmarking where your organization is compared to the EDRM model
• Conducting a gap analysis of where you are versus where FRCP recommends
• Conducting a strategic look at your policy, process and technology
• Determining what's the intersection between legal, IT and compliance
• Assessing whether there are policies and programs in place from an IT perspective that put your litigation preparedness at risk - considering litigation readiness when selecting and implementing technology
• Applying the EDRM model to in-house resources to determine what's done in-house versus what's outsourced

Moderator:

Craig R. Carpenter
Esq., Vice President and General Counsel
RECOMMIND

10:40 View From The Bench: Judicial Perspectives On EDiscovery

• Sedona Cooperation Proclamation - should lawyers cooperate with each other?
• Appropriate search procedures- how do lawyers create keywords?
• Impact of recent decisions and judicial trends in managing ediscovery
• Judges' perspective on how much protection Rule 502 offers - How counsel can help insure they meet their obligations with respect to preservation, production and protection of clients' privileges
• What judges care most about when litigators present eDiscovery conflicts before them
• Sanctions for E Discovery abuse

Panel Moderator:
Patrick Burke
Assistant General Counsel
Guidance Software

11:40 PANEL DISCUSSION: Aligning The Interests Of Inside Counsel, Outside Counsel And IT

This panel will discuss several important issues in the posteconomic meltdown world that have arisen between inside and outside counsel -- including, as examples, the changing dynamics within law firms and corporations, and the effect that such changes have had on litigation and discovery strategy. In addition, this panel will discuss approaches for allocating tasks between inside and outside counsel in a cost-effective and sensible way. Other topics will include cost containment strategies, eDiscovery vendors, and tips for avoiding pitfalls.

Moderator:

Edward Rippey
Partner, Co-Chair eDiscovery Practice Group
COVINGTON & BURLING LLP

1:30 Proactive Pre-Litigation Strategies: The 3 C's - Competency, Candor And Cooperation

This panel will provide you with action points that you can bring back to your Records and IT Managers to improve records management practices, cut costs, and reduce liability exposure. Discover better ways to manage eDiscovery upfront to avoid putting your company at risk.

• What steps can you take in advance of litigation?
• Developing best practices for records management and working hand-in-hand with litigation
• Handling the tension between preserving what you need to keep while deleting obsolete information in the normal course of business
• Getting your e-mail archiving and electronic business communications in order and under control
• Implementing a sensible records retention policy
• Best practices with back-up tapes and disaster recovery
• Implementing a "write right program" to avoid "smoking gun" e-mails
• Managing information security and controlling metadata
• Creating record hold procedures and a litigation response team
• Comparison of reactive and proactive costs - a real life example that demonstrates money saved by being proactive
• Implications of regulatory compliance requirements on retention

Moderator:

Jake Frazier
Director of eDiscovery
EMC Sourceone Kazeon

2:20 Beyond The Basics: Best Practices For Preservation, Collection And Filtering Preservation:

• Ethical considerations in regard to how broadly you preserve and search for relevant data
• Approaching document preservation tactically to ensure effective storage and categorization
• Exploring the duty to preserve in the absence of a preservation letter or order ("trigger" issue)
• Protecting data from spoliation at the hands of users
• Protecting privacy of employees and customers
• Data mapping and other tools people are employing to manage the process
• Employing automation to help implement and enforce legal holds Collection and Processing:
• Issuing litigation hold notices to users including specific retention directions (including new hires and collection from departing employees)
• Obtaining acknowledgements, tracking holds and providing updates
• Complete vs. selective collections
• Filtering strategies to reduce volumes and costs
• Handling the tension between preserving what you need to keep and cost effectively managing data in the normal course of business

Moderator:

Brian H. Karney
CISSP, COO
ACCESS DATA CORPORATION

3:50 Strategies For Controlling The Cost Of Review In A Defensible Manner

Hear from experts on how to leverage easy to use analytics, workflow and managed review to increase review productivity and review costs in a defensible manner.

• Gain strategies for reducing the cost of document review in a defensible manner
• Learn about technologies for optimizing and automating review
• Discover technologies available to increase accuracy and review speeds
• Conduct managed review: managing the people that use the software and leveraging process analytics in real time with dashboards
• Understand how re-use of prior work product can be valuable in reducing review costs
• Examine methodologies for non-linear review to address massive volumes of data
• Solutions for reviewing and producing all data types formats including audio, e-mail, video and transaction records while reducing costs thru a unified single platform approach
• Legal outsourcing as an innovative alternative for controlling costs

Moderator:

Deborah Baron
Vice President Legal and Compliance
AUTONOMY

4:40 Nuts And Bolts Of Legal Outsourcing

LPO has been at the forefront of many recent discussions and on the minds of in-house counsel. This panel will de-mystify the offshoring process and provide insight into the practical questions that inside counsel is asking about the offshoring process.

• Business and legal department challenges
• Emerging business models
• Ways to structure the relationship between your corporation and an LPO
• Identifying those processes that are appropriate to offshore
• Avoiding ethical and liability risks associated with outsourcing
• Real case studies to walk you through the process from identification of an appropriate project to deliverables

Panelists:

5:30 Criminalization Of Spoliation: Answers To The Questions That Keep You Up At Night

Spoliation in the civil context is one thing. But, with the Justice Department and law enforcement officials paying closer attention to ESI-related matters, it is critical to take steps to avoid having the Justice Department investigate your company or client. In the event that it does, find out how to minimize the consequences.

• Internal and external investigations
• Best practices for dealing with the government regarding ESI?
• What does government expect when you respond to a grand jury subpoena?
• What steps should be taken to comply with a subpoena?
• Does eDiscovery create regulatory compliance obligations?
• What to do to avoid having your company or client become the focus of the investigation?
• ESI generally in criminal context
• Why you should avoid panicking, possibly deleting/altering ESI in the process and having your problems snowball?

Find out what you need to do to make sure small problems don't mushroom into major problems!