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Day 3 - Friday, March 15, 2013

The third and final day, often viewed as the highlight of the conference, spotlights our visiting jurists. U.S. Magistrate Judge Craig Shaffer will give the final keynote address, which will be followed by a judicial roundtable that will give you a judge’s eye view of many eDiscovery issues you deal with day to day. Breakout sessions will fill you in on how to deal with eDiscovery issues surrounding ADR and corporate “bring-your-own-device” policies. We wrap up with explaining vital case law updates in the dynamic, ever-changing eDiscovery landscape.



8:00 - 9:00

Keynote - The Hon. Craig Shaffer

Where, oh where, have the trials gone? 

It is well documented that the number of cases that are tried in courts across the country is declining. What part, if any, does the transition to electronically stored information (ESI) and implementation of new ESI procedural rules play in this decline? Have we turned into a cadre of attorneys who no longer focus on trials, but in litigating their case in depositions, requests for production, and motions for sanctions? Has the mindset of the "litigator" shifted from a focus on the trial, to a focus on pretrial maneuverings? Are we no longer willing to ask a jury or fact finder to decide the case? Does this affect our preoccupation with the discovery of ESI, and the decline of trials? Judge Shaffer will explore these novel, yet critical issues, in his keynote focusing on what role, if any, ESI may play in the decline of trials.

9:05 - 10:00

The Weakest Link: Achieving Global Competency in eDiscovery (Ethics CLE)

It would seem unthinkable for a lawyer to walk into court without a basic understanding of trial advocacy.  However, a troubling percentage of lawyers are operating well below the standards of eDiscovery practices.  This session explores a lawyer’s obligation under Rule 1.1 of the ABA Model Rules of Professional Conduct (and the recently adopted ABA Comments as to the “benefits and risks of technology”) and its state counterparts which require a lawyer provide “competent representation” which necessarily includes a basic understanding of eDiscovery rules and best practices.

Moderator:  Michael Arkfled

Panelists:  Lynda Shely and Stephanie McCoy Loquvam  

10:05 - 11:00

Judicial Roundtable, "Open Mic Edition"

eDiscovery conferences often feature judges in an informal setting discussing the cases and topics that are at the forefront of thought leadership.  However, in many instances, there is little time to probe issues raised by audience members whose experiences may offer a unique, if not, unaddressed perspective.  This session will feature a “hot microphone” where attendees can dialogue with the judges and discuss what they are seeing generally in their own practices (no war stories, please).

Moderator: Ken Withers

Panelists:  Hon. Craig Shaffer, Hon. David Campbell, and Hon. Scott Bales

11:15 - 12:00

Breakout #1

ESI in ADR - When the FRCP Do Not Apply

Alternative dispute resolution is traditionally touted as a more effective and cost efficient means of resolving disputes.  Discovery is often much more limited than in traditional litigation, however, in today's environment electronic discovery today is discovery in most cases.  How are ADR forums handling electronically stored information?  Hear from distinguished neutrals regarding common practices, pitfalls, and recommendations for managing electronic information (and discovery processes) in ADR.

Moderator:  Paul Burns

Panelists: Bruce Meyerson and Dan Regard

Breakout #2

Discovery Considerations for Personal and “BYOD” Devices

As the business technology of yesterday becomes a daily accessory for consumers, it is no surprise that more and more discoverable information is being created on personal rather than business devices.  This, together with corporate “Bring Your Own Device” (“BYOD”) policies that encourage workers to use their own devices to conduct business, has blurred the lines between data which is owned and managed by the company and that which is in the possession, custody and control of the employee (or in some cases former employee).  This session tackles the difficult issue of how best to preserve and produce data on personal and BYOD devices.

Moderator:  Cecil Lynn

Panelists:  Anthony Lowe and Mark Sidoti

12:05 - 12:55

Case Law Update

This panel provides an update on the ever-evolving case law related to electronic discovery. Extrapolating from this discussion will be a future look at possible trends in eDiscovery law and technological advancements.

Moderator:  Cecil Lynn

Panelists:  The Hon. Craig Shaffer and Michael Arkfeld 

12:55 - 1:00

Closing Remarks