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Day 1 - Wednesday, March 13, 2013

Day 1 of the Conference features a lineup of nationally recognized experts who will guide you through practical steps of effectively managing the eDiscovery process in both the initial stages and throughout the course of litigation. You will learn how to use legal holds to successfully preserve electronic information and how to conduct a meet-and-confer conference with aplomb. Various breakout sessions also will equip you with the knowledge and understanding of eDiscovery principles you need to succeed in your particular practice.



11:30 – 12:00


12:00 – 12:30

Welcome and Introduction

Access to Justice: Is Digital Information the Solution or the Problem?
Step back – has the movement to digital evidence and the myriad of legal and IT issues that accompany the transition provided greater access or diminished access to justice? Have issues such as legal holds, big data, metadata, computer-assisted search, “not reasonably accessible,” proportionality, and samplingenhanced or provided additional obstacles to our justice system? This session will examine a macro picture of the transition to digital evidence and what it portends for the justice system.

Presenter:  Michael Arkfeld

12:30 – 1:30


Litigation Holds – Know When to (Litigation) Hold ‘Em, Know When to Fold ‘Em (Ethics CLE)

Successful preservation of electronically stored information starts with the implementation and management of a litigation hold. This session will discuss the challenges practitioners face identifying the triggering event (with special attention focused on the Apple v. Samsung case), the scope of production, reducing the costs, and when is it safe to release the hold.

Moderator:  Michael Arkfeld

Panelists:  Sean Gallagher, Caroline Mankey, Tom Morrissey, and Judge Facciola

1:35 – 2:30

Breakout #1

Around the World  Data Privacy Considerations for Global eDiscovery

Globalization has led to litigation that touches companies and employees around the world. But there is certainly no “easy button” to gathering information abroad or moving it overseas for discovery and trial. This session will explore the risks inherent in litigation-related data transfers from countries with strict data privacy laws.

Moderator:  Browning Marean

Panelists:  Robert Singleton and Daniel Oseran

Breakout #2

Pulling the Curtain Back – A Detailed Look at eDiscovery Project Management

One of the most important, but often overlooked aspect of eDiscovery, is the role of an effective Project Manager to manage the production of electronically stored information.  This session brings together a blend of seasoned project managers to talk about their roles and responsibilities and the best practices that underscore the importance of their work.

Moderator: Ron Sotak

Panelists:  Wendy Zerr Jackson, Stephen Goldstein, Mark Blaha, and Brian Ingram

2:30 – 2:45


2:45 – 4:00


“What We Have Here is a Failure to Communicate” – Meet and Confer Essentials

Judges prefer them, many state courts encourage them, and the Federal Rules require them.  Yet, many meet and confer conferences last far less than the court hearings that result from the parties’ failure to adequately discuss their respective electronically stored information legal and IT positions.  This session presents a mock meet-and-confer session to encourage the meaningful exchange of ESI information, focusing on search protocol, privilege and cost shifting issues, while respecting each lawyers’ duty of zealous advocacy.

Moderator:  Hon. John Facciola

Panelists:  Niloy Ray and Scott Kane

4:10 – 5:15

Breakout #3

Tossing Bills in the Fountain – eDiscovery Economics

New tools abound, but the cost of eDiscovery continues to rise as does the size of the overall population of data reviewed and produced in discovery.  This session provides an overview of the economics of eDiscovery and provides strategies to reduce data populations and control rising costs.

Moderator:  Scott Kane

Panelists:  Mark Sidoti, Paul Armbruster, and Karl Wetzel

Breakout #4

Information Governance – Controlling the Overgrowth of Data

The key to controlling eDiscovery costs begins well before litigation hits.  Indeed, the cost of eDiscovery is directly tied to the amount of information that is collected, processed and reviewed.  This session explores the importance of document retention and destruction policy implementation and compliance.

Moderator: Lorrie Luellig

Panelists:  Fritz Beeson, Tom Morrissey, Blake Richardson, and Doreen Fox