Tuesday 18th May 2010: Conference Day 1

8.30 Chairpersons` Opening Address

Tracey Stretton is a Legal Consultant at Kroll Ontrack in the UK. Her role is to advise lawyers and their clients on the management of evidence and the use of technology in litigation and investigations. Ms Stretton is an expert in the management of electronic information and legal technology. Her participation in organisations and events designed to showcase legal technology and promote its broader use equip her to comment on trends and developments in the use of technology in the legal world. Her experience in legal technologies has evolved from exposure as a lawyer and consultant in a large number of cases in a variety of international jurisdictions. Ms Stretton helps lawyers, corporate clients and government agencies understand the implications of working electronically. She advises on strategies and techniques to help deploy technology effectively and responsibly. This involves working out how to use technology for early case assessment, to inject principles of proportionality into the electronic disclosure process and overcome complexities that arise in international litigation.

8.45 Embracing A Multidisciplinary Approach To Information Governance

Developing a legally defensible and technically sound Document Retention / Destruction Policy solution requires a team approach. Whilst every organisation and individual cases have different requirements, it is clear that in order to build a successful information retention strategy, a multidisciplinary approach is required. This panel brings together leading insights from the different areas required to build an effective team: Law, Records Management, Technology, and will discuss the roles each member needs to address to ensure the team achieves its aim.

9:30 Handling Internal And Regulatory Investigations

This workshop will look at how technology is used to drive the fact-finding and disclosure process in internal and regulatory investigations. Investigations take place in various contexts from pre-investigation and proactive audits where there is often a need for forensic technology and investigation to uncover wrongdoing to formal responses to regulatory action whether that be reacting to a dawn raid or responding to a formal request for information from a regulator. The stakes are high in these matters involving the risk of substantial claims or fines, reputational damage and high legal costs. The investigation and disclosure process is often far-reaching and there is a real risk these days of missing key evidence. These cases are invariably time sensitive, especially regulatory investigations as they often involve race for immunity or leniency. Given these pressures, the early and rapid assessment of evidence and liability is critical. Technology can be used to help you get on top of the facts fast, assess potential liability and prepare a legal strategy. This includes forensic technology and investigation techniques, email analysis tools, filtering technologies and web-based review tools. In this practical how-to session, our industry experts will focus on how to use technology to handle internal and regulatory investigations including:

• Initial planning considerations
• How to conduct an effective internal investigation
• Evidence preservation and collection options
• Data filtering
• Demonstrating how review and searching technology can be used
• Best practices

10.15 Building A Successful Team

Corporations, law firms and professional advisers are dealing with an increasingly complex and voluminous landscape of Electronically Stored Information which needs to be retained, managed, retrieved and disclosed. In addressing that challenge, a core test is how to build a successful, balanced and sustainable team in this still emerging field within a competitive environment for talent.

Our cross-industry panel of experts will discuss the challenges in building and retaining a successful team to address one-off events (such as a dispute) or a portfolio of requirements.

11.30 E-Discovery Evolution: From Forensics To Early Case Assessment (ECA) – Show Me The Money!

With many corporations defaulting to forensic imaging as a standard methodology for data collection, and ECA providing up to 80% reduction on total project processing costs and cycle time, are corporations and regulatory organisations on the leading edge of E-Disclosure taking advantage of this approach to reduce the risk, time, cost and complexity?

12.15 Understanding The Impact Of IT Consolidation Trends To Cross Border E-Discovery Issues

Understanding the impact to structuring data outsourcing projects (internal or external).

• IT Trends related to data centres; cloud computing, traditional outsourcing
• How does the strategy for data management impact normal business? How does it impact legal proceedings?
  • Specifically the movement and structure of the data with relation to EU DPA
  • What are the impacts to DPA and Blocking statues (ie France / Swiss)
  • What access right issues for employees will there be
  • Difference for Applications and structured data vs. email or file share servers?

Given the points above, what is the impact to the E-Discovery / E-Disclosure Process

• Location of data and accessibility (cloud)
• Regionally specific DP restrictions a/o laws (German DP, Swiss penalty code & secrecy laws, French Blocking Statutes)
  • Necessary safeguards for gathering, analysis, review and production of information (in-country culling vs in-country review, usage of EU model contracts, protective orders & confidentiality agreements, necessary degree of involvement of employees a/o other parties (e.g. CNIL in France, works counsel in Germany)
  • What is the impact on response time to the EC / FSA / DOJ / SEC, etc.

Moderator:

Jim Vint
Managing Director
FTI

Panelists:

14.00 Presentation By Autonomy.

Please visit www.InformationRetention.co.uk for further information

17.15 Best Practice Conclusions From Stream Sessions

18.00 Chairpersons’ Closing Address