Wednesday 19th May 2010: Conference Day 2
8.00 Registration And Networking
8.25 Chairpersons’ Opening Address
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Tracey Stretton
Legal Consultant
Kroll Ontrack.
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James Farrell
Partner
Herbert Smith
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8.30 The View From The Bench: The Judges Panel
This panel gathers six of the leading UK and US jurists on eDiscovery. The panel will share their views on the legal trends in English and American rules and caselaw, including the
October 2009 decision in Earles v Barclays Bank authored by panelist Judge Simon Brown, and how such decisions impact corporate approaches to eDisclosure.The panel includes:
- The Rt. Hon. Lord Justice Jackson, The Royal Courts of Justice
- Master Steven Whitaker, Senior Master of the Senior Courts in the Queens Bench Division, The Royal Courts of Justice
- His Honour Simon Brown QC, Specialist Mercantile Judge, Birmingham Civil Justice Centre
- The Honorable Paul W. Grimm Chief US Magistrate Judge, District of Maryland
- The Honorable Elizabeth D. Laporte, US Magistrate Judge, Northern District of California
- The Honorable John M. Facciola, US Magistrate Judge, District of Columbia
- Chris Dale, eDisclosure Information Project.
Four of these six jurists return from last year’s judge panel at this conference, a programme acclaimed for its incisive and practical discussion of evolving case
management best practices when eDisclosure is involved. This year’s programme will also include commentary on the recent review of the rules governing the costs of UK
civil litigation, recently completed by Lord Justice Jackson.
Moderated by:
Patrick Burke
Senior Director and Assistant General Counsel
Guidance Software
9.30 The Impact Of Electronic Evidence On Litigation Strategy
It has become essential for lawyers to consider electronic documents to uncover all
relevant evidence in a case and to comply with disclosure duties. E-savvy lawyers
are relying on electronic evidence to give them a strategic and competitive
advantage in cases. They are using it to reconstruct complex factual events, to
uncover key issues and identifying risks and opportunities early on in a case.
Technology has become essential to address the challenges associated with
locating, preserving and reviewing vast amounts of data in order to locate relevant
documents. A panel of legal experts with experience in the law and technology
surrounding electronic evidence will discuss:
- How electronic evidence is impacting on litigation strategy
- How the Civil Procedure Rules are being applied in practice
- Key lessons from recent case law
- The reasonable search in practical terms
- Techniques for achieving proportionality
- How to control the scope and cost of e-disclosure
- The impact of Judge Jackson’s review of the CPR
- What to expect from the new Practice Direction
- Universal best practices emerging in other jurisdictions
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Nick Burkill
Partner
Dorsey & Whitney
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Tracey Stretton
Legal Consultant
Kroll Ontrack.
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10.15 Help! How Do I Respond To This Investigation?
Think discovery is just a US requirement? Join EMC (SourceOne eDiscovery – Kazeon)
to hear how discovery solutions are being used in EMEA to drive information
governance. Discovery/disclosure is a routine, yet critical, aspect of every audit,
investigation, complaints handling procedure or litigation. Learn how a Discovery
solution can ease collection difficulty, analyze key content quickly yet thoroughly,
minimize information to be reviewed, avoid spoliation, and make your IT resources,
Legal team and external counsel work together and be more effective.
EMC SourceOne eDiscovery – Kazeon.
10.45 Coffee And Networking
11.15 How In-House Corporate Counsel Think When EDisclosure Obligations Arise
How should legal departments react in the first days after learning that the
company has a significant e-disclosure obligation? His Honour Simon Brown’s
recent decision in Earles v Barclays Bank highlights the need for corporates to take
reasonable efforts to comply with e-disclosure requirements.
You will learn about how to prepare in advance for an e-disclosure including
preparing a checklist of issues to cover off on. Issues include evolving e-disclosure
obligations, data protection restrictions, technology and organising an in-house
legal/IT response team. The programme will include role-play of various e-disclosure
scenarios with tips on reducing risk and costs.
The panel of in-house and outside counsel includes:
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Christina Ayiotis
Deputy General Counsel – E-Discovery and Data Privacy
CSC
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Marc Fishman
Senior Counsel
Hoffman-La Roche
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Denise Backhouse
Morgan Lewis & Bockius
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Ed Sautter
Partner
Mayer Brown International LLP
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Patrick Burke
Senior Director & Assistant General Counsel
Guidance Software
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11.45 E-Discovery In The Real World
What are the benefits and challenges of enabling an in-house E-Discovery process? Where can technology make this process easier and reduce risk? Join Symantec and Barclays Capital to discuss a day-in-the-life of an in-house E-Discovery team. You will learn how the team proactively prepares for requests, the steps they go through to ensure they are identifying the most relevant data, and how technology helps them identify, preserve, retrieve, review and deliver this data. In addition, hear some of the practical hurdles organizations should be prepared to address when working across multiple departments, locations and geographies.
12.30 There’s A Cloud On The Horizon
This session provides a forecast of the technology, requirements and trends that will
change the way your organisation acts and responds to requirements for
prioritising, collecting and reviewing electronic records.
- Developments in technology within the globalised and localised corporate IT estate, including cloud storage, outsourcing of services to third-party solution providers and the rise of on-line services including social networking sites
- The impact of the Jackson report and recent judgements on the use of electronic evidence in litigation, arbitration and regulatory investigations
- Addressing financial and transactional data in litigation and investigations
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Craig Earnshaw
Managing Director
FTI
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Mats Johnsson
Partner
Ashurst
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Simon T Clarke
Senior Digital Forensics Officer
Pfizer
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13.15 Lunch & Networking
14.15 – 14.45 Continue Your Networking Or Attend One Of The Technology
Demonstration Rooms To Bring Yourself Up To Speed With The Latest Solutions For Information Retention And EDisclosure Management
- Technology Demo A
- Technology Demo B
- Technology Demo C
14:45 A1: Managing Global eDisclosure Projects
Large-scale investigations and litigation often necessitate that law firms remain operable and practicable around the clock, and work cooperatively across countries and timezones. In global eDisclosure, ensuring successful outcomes requires a keen view of the challenges and obstacles from the beginning of the engagement, the right technology platform and infrastructure and hands-on, flexible project management. The panelists will explore strategies and considerations in:
- Identifying the Handling data in international and multilingual collections
- Selecting and implementing the right technology
- Designing efficient workflows
- Recognizing and planning for unique jurisdictional and data privacy concerns
- Managing personnel and operations
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Robert Brown
VP of Eurasia Operations
First advantage Litigation Consulting
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Adam Politt
VP of Client Development
First advantage Litigation Consulting
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B1: Real-World EDisclosure: Separating Fact From Fiction
In the race to capture market share, every vendor claims to be the silver bullet for your eDisclosure challenges. Therefore, it is important for you to know the reality behind the eDisclosure process – how to quantify the costs, to understand technical and human resources requirements, and to know how other companies are addressing this problem.
This presentation will help you understand eDisclosure from a practical perspective, allowing you to make the right choices for your organisation.
- Compare the eDisclosure process from a practical perspective vs. a theoretical perspective
- Real-world case studies illustrating how organisations are performing elements of the eDisclosure process internally
- Practical approaches to addressing eDisclosure in-house:
- Architecture Considerations
- Facilitating a Workflow that Maps to Your
- Organisation's Current Processes
- Integrating Hold Notification
- Creating a Collaborative Environment for Cost
- Reduction and Efficiency
- Pre- and Post-Collection Early Case Assessment and Analysis Requirements
Brian Karney
Chief Operating Officer
AccessData Corporation
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In The First Part Of This Session, US And UK Judges And Others Will Talk About Developments In The Law And Practice Of Disclosure With A Particular Focus On EDisclosure.
Following this introduction attendees will experience an extended insight into technology suppliers who will illustrate modern software concepts – forensic data collections, early case assessment, concept searches, e-mail threads etc - with examples from a broad range of applications whose function is to improve the service and to reduce the cost to clients as well as to comply with the rules and obligations. There will be opportunities to ask questions of both the judges and the suppliers and to get involved in whatever discussions spring from the talks.
About Women in eDiscovery:
Since its inception in 2007, the Women in eDiscovery has grown internationally to over 3,500 members with new members from all over the world joining daily. At present time, there are over 20 Chapters with regular meetings with new Chapters forming monthly.
www.womeninediscovery.com
For more information on this special on site meeting visit www.InformationRetention.co.uk
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15:30 A2: Complying With An FCPA And Other Local Anti-Corruption/public Procurement Investigations
As the USA Department of Justice moves its FCPA focus from medical device manufacturers to the pharmaceutical industry, Kees will draw on his experience to help you understand the complexity, and how to best respond to an investigation.
- How to ensure compliance with an investigation
- Main findings and lessons learnt from the FCPA and related local anti-corruption/public procurement investigations on medical devices organisations
- Preparing the pharmaceutical industry for the upcoming investigation
- How to prevent anti-corruption and related public procurement/competition law/(comparative) price investigations.
Kees van Ophem
VP Legal and Compliance
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B2: Managing The Extraction Of Information By Outsource Partners
When a large e-disclosure case comes along, you often need assistance from a number of different parties, including outsource partners. How you manage these partners will greatly affect the success of a project. In this session David shares his expertise and evaluates his experiences on managing outsourced partners including:
- Introducing a role to broker between counsel, outsource partners and external consultants to increase understanding between parties
- Managing external and outsource partners production to ensure deadlines are met
- Ensuring continuity and delegating work effectively between parties to avoid rising costs
David Pybus
Global Information Security Manager
Diageo
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16:15 A3:Using IT Tools To Continually Reduce The Costs Of Litigation
With 21st century technologies available, can we stop using outdated, time consuming and costly techniques when faced with litigation and regulatory investigations, and let the technology do nearly all the work? In this session:
- Can the intelligent tools take over deciding the relevance of documents?
- Will the courts and regulators be willing to accept that technology can replace the need to review thousands of documents and what steps will need to take place in order to gain the confidence of the Courts?
- Can the UK courts and regulators lead the way in accepting the use of intelligent tools?
Nicholas Long
Global Regulatory Compliance Leader
GE Capital
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B3: Conducting An Efficient Investigation In A Multinational Organisation
- Why organisations should perform computer forensics?
- Why they might want to consider doing this in-house?
- What issues will affect the manner in which computer forensics are performed?
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Chris Gibson
SVP Director of E-Crime
Citi
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Cynthia Jackson
Attorney at Law
Baker & McKenzie LLP
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17.00 Coffee & Networking
17.30 Chairpersons’ Executive Summary
The Chairs will provide a short executive summary of key issues discussed during
the three-day conference. This provides a rare opportunity for those unable to
attend all of the sessions to hear the headline points, key messages and emerging
trends. Reflect on key messages to take back to your businesses on topics such as:
- Legal and business drivers shaping information management
- Strategies for mitigating ESI risks
- The positive spin-offs of ehealth
- Building the business case for responsible information management
- How ESI is impacting on litigation strategy
- Top techniques for litigation readiness
- Controlling the scope and cost of edisclosure
- What the Judiciary expect - Judge Jackson’s review of the CPR; the new
- Practice Direction
- Universal best practices
- What next - where is technology taking us to?
18.15 Mock Court Assessment
2009 saw the high-profile Earles case adding to 2008’s Digicel, bringing
eDisclosure further into the spotlight; the Ofsted “stuck in the photocopier”
excuse further illuminates the court’s expectations as well as the reputational
drawbacks of mishandling disclosure. The implications from such cases, coupled
with Lord Justice Jackson’s litigations costs review, will lead to a sharper focus
on the storage, retrieval and disclosure of information in 2010 and beyond. The
need is more than just a defensive one – there is work to be won by those who
know the rules and how to use them for the clients’ benefit. What better way
to be informed of the latest developments than to see judges and others in an
informal setting expressing what they expect from lawyers with this lighthearted
but heavy-hitting conclusion to the Summit.
Chris Dale
eDisclosure Information Project