Main Conference: Day One - Tuesday, April 27, 2010

8:45 Opening Remarks From The Chairperson

Brian Karney
Chief Operating Officer
AccessData Corporation

9:00 The EDiscovery Project Manager

• Why has project management become necessary? What should companies look for when choosing a project manager? What is the typical career path? Roles and responsibilities?
• Who are the subordinates and how to foster good communication and a common vocabulary?
• Allocating budgets, evaluating resources, and ensuring data deliverables
• Partnering with outside vendors and choosing the best review tools
• Identifying and controlling risks
• Maintaining chain of custody relationships
• Utilizing automation software, virtualization and videoconferencing

Moderator:
Deborah Baron
Vice President Legal and Compliance
Autonomy

Arlyce J Vogel CIM Project Manager We Energies

Jennifer L Hamilton Senior Attorney and eDiscovery Expert John Deere

Elizabeth Jaworski Director, Legal Operations Motorola

9:50 Judges Panel On EDiscovery

• Highlights of the federal rules and their impact on California eDiscovery laws/how do the CA rules differ from the federal rules and is this an improvement?
• Judicial view technologies like cloud computing and vendor programs that use artificial intelligence
• Counsel cooperation and navigating the meet and confer
• Measuring the adequacy of keyword searches
• Preservation obligations
• Privilege

Moderator:
Craig Carpenter
Vice President and General Counsel
Recommind

Honorable Robert B. Collings US Magistrate Judge District of Massachusetts

Honorable Elizabeth D. Laporte US Magistrate Judge U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

11:20 Litigating A Case Through EDiscovery From Start To Finish

• Meet and confer
• Duty to preserve: triggers and safeguards
• Instituting document retention and other in-house policies/training employees to respond to litigation holds.
• Retrieval: choosing the right technology and vendors
• Search methods and how to perform the right key word searches
• Production issues

Honorable Robert B. Collings US Magistrate Judge District of Massachusetts

Lucas Paglia Associate General Counsel American Eagle Outfitters, Inc.

Matthew Nelson Esq., eDiscovery Expert EMC SourceOne eDiscovery – Kazeon

12:10 New Models And Structures For Managing EDiscovery

• Changing law firm models
• Discussing alternative fee and billing structures and the outsourcing option
• Achieving a cost efficient, defensible document review
• Unifying systems and processes to reduce costs and administrative burdens
• Partnering with the right outside vendor/consultant

Moderator:

Stephen Devereux
Regional Sales Director
Mindcrest

Panelists:

Michael Duffy
VP, Litigation Services
Mindcrest

Reg Thompson
Senior Corporate Counsel
Netflix

Rodney Strickland
Partner
Wilson Sonsini Goodrich & Rosati

2:00 Roles Of In-House Versus Outside Counsel

• Who has the responsibility to do collection/culling? Who decides what keywords to use?
• Facilitating good communication
• Cost shifting/cost allocation/alternate fee arrangements
• Processing collection, review and destruction on both in-house and outside systems/data integration issues
• Managing relationships with outside counsel post-trial
• Certificate of completion

Vincent Miraglia Chief Counsel - Employment Litigation & Electronic Discovery International Paper

Vicki Lee Clewes Senior Manager, Commercial Legal Affairs Gilead Sciences, Inc.

Wayne C. Matus Partner and National eDiscovery Leader Pillsbury Winthrop Shaw Pittman LLP

3:00 eDiscovery: Why Most Enterprise Implementations Fail to Make the Grade

As eDiscovery shifts from reactive to proactive, the challenges multiply. Most eDiscovery systems installed to date are inadequate to the task, broken by the sheer volume of data. To cope, vendors have tried to restrict eDiscovery functions to match limited capabilities, e.g., doing custodian searches when a search across all mailboxes is required. However, such tactics lead to incomplete results, which could precipitate serious liability exposure, such as inadvertent waiver of privilege or inadequate early case assessment. Attendees will:

• Lift the hood on eDiscovery
• Examine the inadequacies of available solutions
• Obtain a list of hard questions to ask vendors to minimize risk of system failure

Kon Leong
CEO and President
ZL Technologies

4:30 ESI Preservation And Collections

• Best practices for data collection and preservation
• ESI authentication
• Taking steps to prevent spoliation
• Storage versus destruction: how long should you keep your data?
• Privacy and information security
• Metadata
• Automated litigation hold technology
• Implementing a good record retention policy
• Back-up tapes and disaster recovery
• Handling structured data
• Outsourcing

Moderator:

Albert Barsocchini, Senior Director, Assistant General Counsel, Guidance Software Inc.

Panelists:

Mark J. Sweeney Litigation Attorney PG&E

Josh Fine Manager, Advocacy and Oversight TIAA-CREF

5:20 Statistical Validation And Data Analytics In EDiscovery

• Challenges of determining appropriate keyword search criteria
• Latest tools and techniques
• Sampling, testing and validation methods
• Opportunities for validated data reduction throughout EDRM lifecycle
• Vendor Quality Assurance

Geoffrey Black
Director of High Tech Investigations
Prudential

6:10 Closing Remarks From Chairperson And End Of Day One