Wednesday 11th May 2011: Conference Day 2
08.00 Registration
Sponsored By:
8.30 Chairman’s Welcome & Day One Recap
Tracey Stretton
Legal Consultant
Kroll Ontrack.
08.45 What Lies Ahead? Meeting Judicial Expectations And Providing Effective Leadership In The Face Of Emerging EDisclosure Challenges
- Understanding emerging judicial expectations for eDisclosure in UK, European and American courts and challenges raised by privacy and data protection rules
- What role can be played by courts and lawyers to manage eDisclosure costs?
- Identifying and responding to the most common challenges of cross-border eDisclosure
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The Honorable Andrew J Peck
US Magistrate Judge
District of New York
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Master Steven Whitaker
Senior Master of the Senior Courts in the Queens Bench Division
The Royal Courts of Justice
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His Honour Simon Brown
QC, Specialist Mercantile Judge
Birmingham Civil Justice Centre
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The Honorable John M Facciola
US Magistrate Judge
District of Columbia
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The Honorable Paul W. Grimm
Chief US Magistrate Judge
District of Maryland
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Panel Moderated by Patrick Burke, Senior Director & Assistant General Counsel, Guidance Software
09.45 The Defensible Use of Intelligent Review Technology
This session will explore the evolution of document review technology in disclosure and emerging Intelligent Review Technologies like prioritisation technology and predictive coding. The focus will be on the use of these new innovative technologies to support efficient but defensible review practices. Topics covered will include:
- How these new technologies work and automate the human-review process
- The impact on cost and quality
- Techniques for the defensible use of innovative technologies
- Dealing with objections from the other side
- What the judiciary’s view is likely to be
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Thomas Leyland
Senior Associate
SNR Denton
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Daniel Kavan
Electronic Evidence Consultant
Kroll Ontrack
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Moderator:
Andrew Szczech
Manager ED Consultancy
Kroll Ontrack
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10.30 Don’t Bring a Knife to a (Regulatory) Gun Fight
Regulators the world over have become far more active in their endless pursuit of fraud, corruption and other ill-gotten gains. In defending themselves against such investigations, global enterprises have traditionally enjoyed the technological upper-hand, with sophisticated tools at the ready. But what happens when the regulators themselves have the most powerful technology available? In this session, we will explore the advanced technologies and techniques already in use by regulators the world over – from conceptual search to Predictive Coding™ – and help regulated entities better prepare for the day regulators come knocking on the door.
Howard Sklar
Senior Corporate Counsel
Recommind
11.00 Morning Refreshment and Networking Break
11.30 Overcoming The Challenges of Planning for and Deploying an eDiscovery Infrastructure
- Developing a systematic, efficient and repeatable eDiscovery process:
- defining the framework for the initial business process review, re-design and deployment
- developing the metrics, systems and processes necessary to reduce costs and improve efficiencies.
- Identifying what eDiscovery tools (and spend) will meet your legal and infrastructure demands
- Establishing and budgeting for a cross-charging eDiscovery function
- Creating an RFP to interview and short-list vendors
- Developing a standardised pricing model and performance metrics against which to measure vendors
Simon Whitburn
International Sales Director
AccessData
12.00 Streamlining the identification and collection of electronically stored information
Whether you are responding to litigation, regulatory inquiries, or internal investigations, organisations of all sizes struggle to collect electronically stored information (ESI) cost-effectively and on time. This session will focus on how to streamline the collection process and enable legal or IT to collect from all critical data sources with minimal administrative overhead. Since identification and collection is often the first step in the eDisclosure workflow, reducing the delays, mistakes, and inefficiency inherent to collecting data can yield substantial improvements to the entire eDisclosure process.
What attendees will learn:
- How to rapidly and cost effectively identify relevant evidence across the numerous places custodians store data
- The benefits of gaining control over collection to reduce risk and accelerate downstream steps including case assessments
- Methods for targeting collection to reduce the volume and cost of irrelevant material to be processed and reviewed
Dean Gonsowski
VP of eDiscovery Services
Clearwell Systems
12.45 Improving Legal Review: What Legal Departments Need To Know Now
Now more than ever, corporate legal departments are under pressure to better control document review and electronic discovery. This session will cover key developments and trends from a US and European perspective and examine how the use of predictive coding technology and statistical sampling can improve the quality and reduce the costs associated to document review.
- Overview of industry trends in the US and Europe
- Streamlining document review: the latest methodologies and techniques
- Understanding the collaboration of counsel into the process
- How to create a defensible process
Manfred Gabriel
Managing Director
FTI Consulting
13.30 Networking Luncheon
14.30 This Plenary session will be led by an eDiscovery technology expert! Check for updates at www.informationretention.co.uk for further details or email enquire@iqpc.co.uk for information on how your company can sponsor this session.
15.30
The ESI Questionnaire
- The overarching purpose of the questionnaire and its practical application
- Is “having a look through the email” a reasonable search? The redefinition of a ‘document’ in the CPR (Deleted documents, databases and iPhones)
- Step-by-step guide to completion.
Drew Macaulay
Director of Business Development
First Advantage Litigation Consulting
Chris Dale
Director
eDisclosure Information Project
Vince Neicho
Litigation Support Manager
Allen & Overy
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Global data protection: Critical considerations for international privacy, security, disclosure and discovery
- Whose rules govern during cross border discovery, data processing and transfer?
- Understanding the rules that apply to data privacy, retention, preservation and destruction in jurisdictions outside the US
- The 2009 Working Party Article 29:
- Understanding your disclosure obligations in the US vs. the data protection requirements of the EU
- How to develop the policies and systems required to ensure compliant safeguards during any cross–border dispute or investigation
- Managing risk and costs when moving data across borders
Denise E. Backhouse
Associate and Senior Member of the eData Team
Morgan Lewis
Damon C. Greer
Director, US- EU & Swiss Safe Harbor Frameworks
US Department of Commerce
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Managing eDiscovery as a business process: Assessing, planning and implementing an in-house eDiscovery team
- Bringing eDiscovery in-house: assessing the benefits of an in-house team
- Redesigning the eDiscovery resource model to maximize efficiency, maintain control and minimize risk & expense
- Determining the ‘org chart’ for this interdepartmental team
Todd Ptak
Senior Legal Counsel, Litigation & Regulatory Affairs
Airbus
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In this session for private practice lawyers in the UK hosted by Kroll Ontrack, judges, lawyers and technical experts will discuss the impact of the new Practice Direction 31B on the disclosure of electronic documents introduced in October 2010. Drawing on the results of a pre-event survey and practical experiences and case law, they will comment on how the new rules are being applied in practice. Attendees will be provided with a rare opportunity to ask questions of the Judges and to take part in an interactive discussion on:
- Ensuring compliance with the new rules
- How the new rules and the Electronic Documents Questionnaire are being used in practice
- Reaching agreement with the other side on the best approach
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16.45
eDisclosure: Achieving litigation readiness while cutting costs and improving outcomes
- How eDisclosure capabilities can make your company more “litigation-ready”
- Making the link between information governance and information preparedness
- Developing best practices for records management and working hand-in hand with litigation
- Managing eDisclosure costs in an era of heightened regulation
Matthew Heiman
Chief Litigation Counsel, EMEA
Tyco International
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Approaching an investigation in the absence of harmonised data protection laws
- Handling data collection and assessments quickly and defensibly
- Conducting an end to end investigation while ensuring a defensible process in compliance with country-specific data privacy requirements
- Maintaining control over your most sensitive data with the assurance that a defensible process is in place and in compliance with data privacy requirements
- Collecting, processing, and reviewing data without transferring the electronically stored information
- (ESI) off-site to another jurisdiction
Session will be led by an eDiscovery technology expert! Check for updates at www.informationretention.co.uk for further details or email enquire@iqpc.co.uk for information on how your company can sponsor this session.
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Avoiding negligent practices in eDisclosure
Recent case law exposes the fact that many eDisclosure defects fall squarely under the heading “negligence” – not just carelessness, not merely choosing the least efficient way of doing things, not just incurring unnecessary costs, but negligence. How can litigants use the lessons of an Earles v Barclays Bank or Goodale v The Ministry of Justice to avoid being negligent when performing eDisclosure? Further, how can technology and airtight infrastructure help parties grappling with ESI collection and review from even starting down the road toward misconduct? This session aims to educate attendees on how to avoid the mistakes that lead to negligence and how to deploy an eDisclosure process that includes the crucial components of strong technology, best practices, and cooperation behind and beyond the firewall.
Caitlin Murphy
Esq., Senior Product Marketing Manager
AccessData
Chris Dale
Director
eDisclosure Information Project
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- Techniques and technology for reducing the burden and cost of eDisclosure
- Challenges being experienced in practice and how these can be addressed
- Emerging best practices
- Future challenges and creative solutions
The Honorable Andrew J Peck
US Magistrate Judge
District of New York
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 John M Facciola
US Magistrate Judge
District of Columbia
The Honorable Paul W. Grimm
Chief US Magistrate Judge
District of Maryland
Mark Surguy
Partner, Eversheds Robert Jones, Legal Consultant
Kroll Ontrack
Moderator:
Tracey Stretton Legal Consultant Kroll Ontrack
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17:30
Controlling E-Disclosure Costs: Best Practices for High-Quality, Cost Effective Document Review
- Early Case Assessments
- Defensible intelligent document reduction using sophisticated statistical models
- Leveraging technology to increase efficiencies
- Ensuring consistent quality by utilizing Six Sigma tools & methodologies
Ram Vasudevan
CEO & Founder of QuisLex
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Designing and implementing data protection policies
- Auditing and compliance with data protection rules
- Reconciling litigation and regulatory requests with data privacy obligations
- Conducting a data protection audit
Jane Frances Hill
Senior Commercial Lawyer
BT
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ESI preparation and preservation: Assessing – and addressing – your eDisclosure liabilities
- Understanding your preservation obligations
- Is there a difference between legal hold in the US and the UK obligations?
- Establishing a routine process to ensure that you are ready next time, and best practices for the identification and preservation of ESI
Ronke Ekwensi
VP eDisclosure and Records Management
Pfizer
Chris Dale
Director
eDisclosure Information Project
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18.15 Chairman’s executive summary and closing remarks
18.45 Mock Court Assessment
For the third year running, the conference will close with a short and light-hearted play. This Mock Court Assessment is inspired by eDisclosure events of the preceding 12 months and its cast is drawn from US and UK judges, whose asides last year included “How did my agent let me in for this?” 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.