Main Conference Day Two: Friday, October 16, 2009

8:30 Co-Chair's Opening Remarks

Daniel Lim
Senior Director and Assistant General Counsel
GUIDANCE SOFTWARE INC.

8:45 Judicial Perspectives On EDiscovery And The Potential For Sanctions

Hear a panel of prominent judges, highly skilled in eDiscovery, give you their insights into the problems encountered in eDiscovery. They will discuss:

• Overview, analysis and impact of recent key court decisions impacting eDiscovery
• What every litigator representing energy and utility corporations need to know about proper and efficient eDiscovery practice
• How counsel can help ensure they meet their obligations with respect to preservation, production and protection of client privileges, including the impact of the Victor Stanley v. Creative Pipe decision
• What judges consider most important when litigators present eDiscovery conflicts before them
• Use of experts when corporations conduct search and use search methodologies
• How courts interpret and apply Rule 502

Moderator:

Wayne C. Matus
Partner and National E-Discovery Leader
PILLSBURY WINTHROP

Panelists:

10:15 The Roundtable: How Successful In-House Counsel Have Overcome Unique EDiscovery And Information Management Challenges

In this not-to-be missed "Town Hall" format, several of the most prominent and successful energy and utilities in-house counsel will present a unique case study of a problem their department or organization faced in litigation support, IT or electronic discovery. Each of them will show the solutions - including technology - that they used to solve a problem. Moderated by a prominent private practitioner skilled in the field, they will discuss:

• The capabilities every corporation should have in-house for effective eDiscovery and litigation support
• Deciding whether to use one vendor or multiple vendors for document review, contract attorneys and eDiscovery requirements
• How to get senior executives to understand the importance of proper document retention policies - and how to lead by example
• Cutting-edge procedures for data preservation and data destruction
• Efficient procedures for data preservation and destruction
• Who polices data maintenance?
• Establishing guidelines for the length of time to keep documents
• How to maintain and destroy documents
• How they have managed to contain costs
• How they have implemented and enforced email policies to reduced risk

During the presentations, both panelists and audience members will be encouraged to engage the roundtable with questions, analysis and dialogue.

Moderator:
Alexander G. Arato
Vice President and Associate General Counsel
CA INC.

11:45 How To Effectively Cut Energy Industry EDiscovery Costs: Establishing An Efficient Team And Using The Right Technology

If you asked any member of a legal department in the energy sector about their biggest eDiscovery concern, they would unanimously give you one answer: how can we lower our costs? It is by far the most important issue on their plate. As the demand for energy grows and companies continue to globalize and expand their operations, managing ESI and assessing internal processes to prepare for and respond to discovery requests can be challenging - and it comes with a huge cost. But it need not be that way. With the right strategy, costs can be contained. In this session, hear several leading experts explore cutting-edge methods by which legal departments can contain their costs. Through actual case studies, you will learn:

• How to establish the "right" team - and how to make it work together
• How to tailor a clear, consistent process and technical infrastructure to manage all aspects of eDiscovery
• What specific expertise is required in meeting energy and utilities legal teams' need for efficiency, consistency and repeatability
• What to look and ask for in hiring an eDiscovery consultant
• How to deploy the most cutting-edge technology that will save time, energy and, above all, cost

2:00 Case Studies: Implementing Effective Data Retention And Litigation Holds To Reduce Risk In The Energy Sector

Legal Hold is one of the most misunderstood concepts in eDiscovery. It is the means by which organizations meet the preservation obligations and it requires that steps be taken to preserve potentially relevant data. It is also an area fraught with danger if it is not carried out properly. In this session, discover:

• How to properly and effective implement a litigation hold
• The best practices for document collection
• The biggest risk to organizations in failing to meet the legal hold obligation
• How a failure to preserve data through methods other than sending a hold notice has been held to be gross negligence
• How the courts have repeatedly sanctioned companies which fail to comply with the preservation obligation because of ineffective processes
• What energy corporations need to do to establish successful processes
• Properly notifying third parties of their duty to retain documents
• Why legal hold notices are not enough
• The risks of custodian self-collection
• The affirmative data to preserve data

3:30 The Pros And Cons Of Using Contract Attorneys, Outsourcing And Off-Shore Document Review In The Oil And Gas Industry

As e-discovery costs keep mounting for the oil and gas industry, more and more companies are turning to outsourcing. They are hiring contract attorneys and using off-shore resources to manage their document review. In this session, featuring highly experienced experts on outsourcing, you will learn about the pros-and cons-of using contract attorneys an outsourcing document review, including:

• The key considerations to determine if-and when-to outsource
• How to benefit from the increase in the number of contract attorneys resulting from the economic downturn
• How to properly monitor offshore and outsourced work
• Why outsourced work will not work without the right monitoring
• The important steps that are needed for effective monitoring
• How to obtain professional and cost-effective document review when outsourcing outside the country
• Advantages-and disadvantages-of moving into cheaper markets
• The most effective use of contract attorneys: getting full bang for your buck
• Can contract attorneys be useful for privilege review under Rule 502?
• Important extraneous factors to consider for outsourcing: security, ethical considerations and training

4:30 How Successful Energy Companies Have Solved Two Major EDiscovery And Information Headaches: Departing Employees, And M&A

While document retention and eDiscovery are tricky at the best of times, there are two major headaches that always cause problems: finding and preserving information from employees who have left the organization as well as mergers and acquisitions. In this session, learn how successful energy companies have dealt with these problems.

You will learn:

The Departing Employee

• How to best handle a departing employee's hard drive to capture it before it is overridden
• How to identify information that has been sent outside of the company
• The discovery obligations from documents that former employees have in their possession
• How to prevent departing employees from damaging or destroying ESI

The M&A Situation

• Establishing a comprehensive data management plan in the event of M&A
• How to integrate an acquired company's document retention policy and technology with your existing system
• The vital communications required with key employees of the acquired company
• Maintaining legal holds on the acquired company
• Properly determining what information is relevant and where it is to be found
• Accessing documents older than your operating system