Main Conference Day 2 - Wednesday, December 9, 2009

7:45 Registration And Coffee

8:20 Chairperson's Opening Remarks And Recap Of Day One

Chairperson:
Patrick Burke
Assistant General Counsel
Guidance Software

8:30 Rapid Early Case Assessment (ECA) And Achieving Cost Savings

Saving money in rapid ECA is always a goal

  • Discussing urgency among executive leadership and attorneys to more rapidly assess the merits of a case
  • Examining the results of ECA to determine risk exposure
  • Overcoming roadblocks to gain savings over historical costs
  • Understanding the consequences of delayed access to data due to outmoded collection and processing methods
  • Automating retrieval and analysis and reducing routine outsourcing of discovery
  • Enabling outside legal counsel to search, categorize, and produce documents electronically without moving data outside the organization
  • Forming a partnership between Legal and IT to implement a strategic data access plan

Christopher Kruse
Chairman
CASECENTRAL

Richard G. Korman
Esq., General Counsel
SAINT JOSEPH REGIONAL MEDICAL CENTER

9:20 Fostering The Relationship With IT And Legal

Discover how to get the same defensible results on a lower budget through enhanced strategic planning and internal communications with IT and legal.

  • Examining the whole EDRM model rather than attacking it piece by piece
  • Developing a holistic approach to selecting products and collaborating with IS
  • Why legal needs to get involved with IT in software selection to control costs and to make sure the product meets your legal requirements
  • Software selection - identifying key players to be your go to people
  • Employing project management skills to outline problem/requirements and match the solutions to these requirements
  • Understanding why one size does not fit all with respect to E Discovery solutions

Moderator:

Simon Taylor
Senior Director
CommVault Information Access and Management

Brandon D'Agostino
ESI Counselor
BLUE CROSS BLUE SHIELD SOUTH CAROLINA

Tina Garbarino
Senior Principal Business Analyst, IT Litigation
BOEHRINGER INGELHEIM

Gerard G. Boccuti
Consulting Attorney & Litigation Support Manager
WYETH

Simon Taylor
Senior Director
CommVault Information Access and Management

   

10:10 Morning Networking Break

10:55 Client Case Study: Best Of Both Worlds - Blending New Technology And Traditional Methods

Learn how to integrate effective and efficient technologies to reign in costs and increase productivity in a defensible manner, without upsetting corporate processes.

  • Understanding how to transition from where you are today to state of the art in end to end eDiscovery
  • Calculating the ROI of implementing new methods that incorporate the best of both worlds in a holistic manner

Deborah Baron
Vice President Legal and Compliance
AUTONOMY

Karla Wehbe
Senior Information Resources Manager
BECHTEL

11:45 U.S. Federal Rules Regarding ESI Versus Laws And Regulations In Other Countries

How are the rules and regulations in the U.S. at odds with what we're allowed to do in other countries?

  • Privacy concerns - what's considered personal versus business?
  • Blocking statutes in Europe on Discovery matters and how to deal with them
  • eDiscovery requirements under federal rules versus rules in other countries
  • How to think about cross-border and architecting global systems
  • Handling internal e-mail policies with a global company

Moderator:

Ian Campbell
Chief Operating Officer
iConect DEVELOPMENT INC.

Timm Miller
VP Litigation
PHILIPS NORTH AMERICA

Michelangelo Troisi
Senior Counsel and Director of Risk Management
SAMSUNG ELECTRONICS AMERICA INC.

12:35 Networking Luncheon

12:35 On-Shoring + Diversity: Understanding the Economic, Political and Social Benefits of Conducting LPO in Secondary U.S. Markets

Congress does much more than healthcare!!! Hear from our extraordinarily diverse political, business and legal panel on how to enhance a company’s overall image through On-Shoring and Diversity:

  • Become familiar with the momentum in Congress to incentivize businesses through tax credits, grants and liability limits
  • Case studies of underemployed professionals in economically disadvantaged cities (Detroit, Baton Rouge, Rochester)
  • Understanding LPO pricing models in On-Shoring, Offshoring and legacy litigation cities
  • How On-Shoring minimizes exposure to divergent data security laws and privilege laws
  • National security and Import/Export cost containment
  • Championing corporate citizenship and strengthening public relations by leveraging diversity and rebuilding America’s workforce

Moderator:

Mike Abrashoff
CEO
Grassroots Leadership

John E. Kelly
Senior Counsel
Fulbright & Jaworski L.L.P.

Eric Massa
US Congressman

2:00 Managing Costs In A Heightened Regulatory Environment

  • The Obama Administration's new policy on heightened antitrust policy
  • Post Financial meltdown regulation era

PART 1: Collaboration for cost reduction and solutions.

  • How can industry work cooperatively with vendors and regulators to lower overall cost of compliance and potentially reduce litigation exposure through better information governance and control?
  • How can regulators and companies extend relations with existing vendors to have more comprehensive and effective solutions at lower cost

PART 2: Changing Regulatory Environment - Focusing on a Litigation Readiness "Toolkit"

Increasing scrutiny by regulation is here to stay. The more you are geared up to respond to regulation, the more you are able to respond and earn good will.

  • What are the regulatory changes?
  • Leveraging an eDiscovery toolkit to comply and demonstrate good faith effort

Paul Doyle
Co-Chair AIIM C22 Evidentiary Support Legal Standards Committee and Vice-President and Co-Founder
INFORMATION ASSURANCE CONSORTIUM

Richard H. L
Marshall, Esq., Former Principal Deputy Director
PRESIDENT'S CRITICAL INFRASTRUCTURE OF ASSURANCE OFFICE

2:50 Hot New Sources In EDiscovery

PART 1 - eDiscovery and Social Media

How to handle eDiscovery in social media sites including: LinkedIn, FaceBook, MySpace, Twitter etc., including:

  • How to locate ESI created by social media sites on a user's or employee's home work computer
  • Tips for seeking discovery directly from social media sites and third parties
  • Privacy implications - what rights do employers have for monitoring what staff is doing online?
  • Can you take disciplinary action or fire a staff person if they are saying negative things about your company online? Can you control what employees say about your company and the way they portray themselves in general?
  • If you construct pseudonym in order to access someone's FaceBook or other social media - does this constitute fraud?

PART 2- Unusual Sources of eDiscovery

  • New sources of ESI, such as discovery of: Blackberrys, Ipods, copiers, video gaming consoles, cell phones, instant messaging programs, voicemail systems, digital cameras, flash devices, thumb drives and more
  • Tips for collecting information from various devices in a forensically sound manner

Derek S. Witte
Assistant Professor
THOMAS M. COOLEY LAW SCHOOL

Katherine L. Ball
MD, Chief Medical Officer
HOLY CROSS HOSPITAL

3:40 Afternoon Networking Break

4:00 Rule Making - What States Have Done And What's On The Table

  • What states have done with respect to Federal rules
  • What should states that have adopted rules be doing?
  • Reexamining eDiscovery at the Federal level beginning 2010

Joanne McMahon
Government Relations
GENERAL ELECTRIC

Tom Allman
Former Senior Vice President and General Counsel
BASF

4:50 EDiscovery Institute Final Report Document Categorization: Comparison Of Automated Vs. Traditional Review

  • This session will address the final report of the search and retrieval study conducted by the non-profit eDiscovery Institute that compares modern review technologies with a manual review process that was prepared in response to a Department of Justice document request.
  • This study compared an original categorization, produced by having 225 attorneys review each document with automated categorization provided by two legal service providers.
  • The results support the hypothesis that machine categorization is no less accurate than employing a team of reviewers at identifying relevant/responsive documents. Based on these results, it would appear that using machine categorization can be a reasonable substitute for human review.

Patrick Oot
Director of Electronic Discovery & Senior Litigation Counsel
VERIZON

5:40 End Of Main Conference

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