Main Conference: Day Two - Wednesday, April 28, 2010

8:45 Opening Remarks From The Chairperson

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

9:00 The Expert Witness In EDiscovery

• 30B6 witness in federal cases
• What qualifies an expert? Does the technology used qualify the individual?
• Choosing the right expert
• In house vs. outsourcing the expert witness
• New standards under Lockheed II
• Implications of Proposed Code of Ethics for expert witnesses

9:50 Global EDiscovery

• Crossing international borders: coping with different national and multinational regulatory requirements/blocking statutes
• Overcoming the risks involved in operating a global organization and the benefits in segregating data
• Protecting personally identifiable information: EU v. U.S. perspectives on privacy
• Drafting global document retention and destruction policies
• Searching foreign data: challenges and solutions

11:25 Interactive Roundtables

These litigation specific roundtable sessions are designed to provide an intimate forum to discuss challenges and potential solutions with your peers.

• Roundtable 1: Intellectual Property
  Moderator:
  Mark E. Michels
  Managing Attorney
  Cisco Systems Inc.
• Roundtable 2: Government Investigations
  Moderator:
  David C. Shonka
  Principal Deputy General Counsel
  Federal Trade Commission
• Roundtable 3: Consumer Class Actions
  Moderator:
  Martin T. Tully
  Partner and Chair of Electronic Discovery & Evidence Practice
  Katten Muchin Rosenman LLP
• Roundtable 4: Healthcare
• Roundtable 5: Insurance
• Roundtable 6: Bankruptcy

1:40 Protecting Privileged Communications And Rule 502

• Avoiding Waiver of Legal Privileges
• Spoliation of evidence
• Utilizing sampling as a tool
• Data protection and privacy under Rule 502(d) and responding to government requests

2:30 Cloud Computing And EDiscovery - What’s In It For You?

• Finding meaningful definitions and application to eDiscovery
• Presenting practical definitions for cloud computing and software as a service (SaaS)
• Exploring the pros and cons of using cloud-based eDiscovery applications versus on-premise software for the different stages of the electronic discovery reference model (EDRM), including costs and risks of these approaches

3:45 Emerging Technologies And Social Networking: Ethics And New Challenges

• Can the judge presiding over your case “friend” you? State Bar positions regarding use of social networking
• Legal and practical challenges regarding preservation and discovery of data from Web 2.0, cloud computing, PDAs, cell phones
• Facebook fishing expeditions in litigation and online privacy
• Employer/employee boundaries and corporate policies on use of technology
• Developing case law

4:40 Vendor Partnership And What Happens After The End Of Litigation

• Meet court imposed deadlines by ensuring timeliness of deliverables
• Reduce costs and learn about alternate pricing models
• Negotiating vendor contract provisions
• Ensure accuracy of search hits and data produced
• Put provisions in place to protect the confidentiality of your data
• Third party hosting
• Ways to decrease pricing by downloading vendor’s information to your in-house system
• Problems with retrieving data subject to vendor control after litigation ends
• Using forensics for disaster discovery or to recapture data when a vendor goes out of business or merges with a third party

5:30 Closing Remarks From Chairperson And End Of Conference