8:00 - 8:15

Review and Introduction of Keynote

8:15 - 9:00

Keynote Address - The Hon. John Facciola

Halls of Justice: Only Rich and Poor Need Apply

One of the major factors forcing medium size cases into settlement (regardless of merit) is the exorbitant costs associated with going to trial – and more precisely the costs of discovery.  Magistrate Judge John M. Facciola, one of the leading judges on eDiscovery topics, discusses factors driving up the cost of trial and why true reform to the federal rules is the best solution to overcoming those factors and opening the doors of the federal courts to a larger segment of the aggrieved.    

9:05 - 10:00 

Breakout #1

Social Media Discovery Considerations

Social Media can be a critical source of discovery in some cases. But collecting and using social media web pages can be a trap for the unwary. This session provides insight and guidance into best practices and techniques for not only the collection of social media web pages, but also a detailed discussion of how best to authenticate the information for use at trial.

Moderator:  Caroline Mankey

Panelists:  Hon. Samuel Thumma and Niloy Ray

Breakout #2

eDiscovery Strategy for Solos and Small Law Firms

eDiscovery is not just an issue facing the large national law firms. Do solo practitioners and small law firms have the means, both in terms of both cost and human resources to collect, process, and review the electronic information of their clients and opponents in domestic relations and other type of cases? This session explores the atypical nature of eDiscovery, how lawyers at small firms are leveling the playing field and some different eDiscovery tools and their costs.

Moderator:  James Hennenhoefer

Panelists:  Brad Holm and Gordon Cruse

10:15 - 11:30

JOINT SESSION #1

PART 1: Are We All Stuck in TAR?

With the exponential growth of data facing all corporations, Technology Assisted Review (TAR) continues to be an option to control costs associated with the discovery process. Part one of this two-part session will delve into what TAR and the development of aspects of a TAR Protocol: Seed Sets, Training Sets, and Iterations.

Moderator:  Matt Clarke

Panelists:  Scott Kane, Maura Grossman, and Mark Blaha

12:45 - 2:00

JOINT SESSION #2

Proportionality, a View From All Sides

With the ever-increasing volume of electronic information, many litigants are looking to the Court for relief from the staggering costs. But, when should the Courts even consider allocating the costs among the litigants or should the presumption remain that the producing party should bear the costs? Does it make a difference whether we are focusing on preserving ESI or whether we are processing and reviewing the data? See and hear how litigants from across the country view the proportionality argument, what the Court will look for in a ruling on a motion to shift discovery costs, and their views on the future of proportionality.

Moderator:  Sean Gallagher

Panelists: The Honorable John Facciola, Paul Armbruster, and William Butterfield  

2:05 - 3:00

Breakout #3

Using and Challenging Forensic Digital Evidence

This program focuses on the methods a party may use to prevent disclosure or access to ESI and the application of legal issues to discovery of forensic evidence. There are many, many ways to destroy, alter, restore, conceal and protect ESI - including anti-computer forensic techniques such as defragmenting, wiping, or scrubbing. This session will explore the technological issues of computer forensics and the legal issues that are raised.

Presenters:  Craig Reinmuth and Michael Arkfeld

Breakout #4

Criminal eDiscovery and Federal Investigations

While the Federal Rules of Criminal Procedure have not been amended to provide specific guidance on eDiscovery for criminal cases and federal investigations, courts have not been reluctant to take guidance from the civil rules when necessary. This session explores not only what courts and government agencies are facing with regard to criminal eDiscovery, but also looks at the issue from the view of the targets of these investigations.

Moderator:  Sean Gallagher

Panelists: The Hon. John Faccioloa, James Knapp, Sean Broderick, and Dan Regard

3:00 - 3:15 

NETWORKING BREAK

3:15 - 4:15

JOINT SESSION #3

First, Do No Harm: Preserving and Collecting

This session explores the inherent legal and technological issues in preserving and collecting ESI. Why are the Courts adamant about prohibiting self-selection of ESI by custodians and what supervisory mandates are outside counsel faced with when confronting the collection of ESI?

Moderator:  Robert Singleton

Panelists: Browning Marean, William Butterfield, Mark Sidoti, and Brandon Colburn

4:20 - 5:30 

JOINT SESSION #4

PART 2: TAR – Not as Sticky as It Appears

With a basic understanding of TAR, Part two of the series focuses on creating a TAR process through best practices, metrics, and measures that will allow you to Validate and Defend Your TAR process.

Moderator:  Matt Clarke

Panelists:  Maura Grossman, Mark Blaha, and William Butterfield

5:30 – 7:00

Reception