Wednesday, 16th May 2012: Conference Day Two
07.45 Breakfast Briefing
08.30 Chairman’s Welcome & Day One Recap
Tracey Stretton
Legal Consultant
Kroll Ontrack
08.40
Keynote Judge’s Panel: Judicial Expectations: Where is edisclosure going?
- Key developments in the last 12 months
- Update on the new practice direction on cost management
- What does increased judicial management mean in practice?
- Dealing with the challenges and opportunities presented by technology
- What is on the horizon with respect to the development of procedural disclosure / discovery rules?
|
Master Steven Whitaker Senior Master of the Senior Courts in the Queen’s Bench Division The Royal Courts of Justice
|
Frank Maas US Magistrate Judge District of New York
|
|
David Waxse US Magistrate Judge District of Kansas
|
Judge Abeline Dorethea Reiling Vice-President Amsterdam District Court
|
Judges Roundtable moderated by Kroll Ontrack
09.40 The Next Generation of Document Review – What, Why and How?
This session will explore the evolution of document review technology in disclosure and emerging Intelligent Review Technologies (IRT) like prioritization technology and predictive coding. As these technologies have become more commonplace, panelists will share and discuss best practice for their use.
- Benefits and pitfalls
- Impact on cost and quality
- View from the bench
- Examples of IRT in practice
- Techniques for the defensible use of innovative technologies
|
Robert Jones Legal Consultant Kroll Ontrack
|
Master Steven Whitaker Senior Master of the Senior Courts in the Queen’s Bench Division The Royal Courts of Justice
|
|
Ed Sautter Partner Mayer Brown
|
Mark Molyneux Partner Addleshaw Goddard
|
Moderated by:
Andrew Szczech
Manager
Kroll Ontrack
10.20 Networking Break
10.50 Computer-Assisted Review: As Seen in the Field
As volumes of electronic data increase in size and complexity, the computer-assisted review workflow is becoming a more integral part of e-disclosure. While the general technology is a frequent topic of conversation, the workflow has now been used throughout the review lifecycle of numerous actual cases. During this session, Andrew Sieja, president and CEO of kCura, will discuss how computer-assisted review is being used in the field, and how these practical experiences are telling the story of the technology. The session will focus on:
- What computer-assisted review is, and how it is perceived in the field
- How computer-assisted review technology works, including statistical sampling
- The successes—and challenges—seen by end users implementing computer-assisted review
- Best practices for using computer-assisted review
Andrew Sieja
President and CEO
kCura
11.35 The Convergence of eDiscovery and Information Governance
For inside counsel looking to advance an information governance agenda and identify risks across their enterprise, fixing small pain points first will help them build the trust of key decision makers. Join leaders in the industry for a thoughtprovoking discussion about the convergence of eDisclosure and information governance looking at the past, present and future. Compared to eDisclosure, information governance as a discipline is in its infancy. Yet many of the skills and techniques eDisclosure practitioners have developed over the past decade can also be applied to information governance. Organizations can apply the lessons learned from eDisclosure to accelerate their path towards a sophisticated information governance framework. With so much unstructured information in electronic storage containers such as email, SharePoint, file shares, social media, cloud applications and more, all in their own proprietary formats, it’s obvious that the risks of not knowing what’s going on in your organization is growing every day. The need to proactively identify risks across your organization including inappropriate behaviour, security and fraud concerns, as well as breaches around regulatory and policy compliance has never been more critical.
Topics to be discussed:
- How will eDisclosure practice change to increase focus on Information Governance between now and 2015?
- How will the judiciary’s expectations change?
- What will clients expect from their in-house counsel, law firms and litigation support partners?
- What role does technology play in advancing Information Governance?
- How can future spend be reduced by a reallocation of in-house and external resources?
- How can legal professionals lead their clients and colleagues to the best outcomes?
|
Jim Kent
Managing Director
Nuix Europe
|
Gareth Meatyard
Director of Information Governance
NUIX
|
12.20 Vendor procurement and management: Finding the right mix of technologies, services and providers
One of the most critical phases in developing a formal eDisclosure strategy is vendor procurement and management. Having internal subject matter experts work together with your procurement team can provide an objective and truly strategic approach to sourcing. With eDisclosure now the largest investment a legal department will make, executives must actively manage the vendors chosen and work performed to ensure they receive commensurate value for their investment. However, because pricing models all vary in structure and many discovery processes are not transparent, it is extremely difficult to make procurement decisions in confidence.
- Conducting an ‘eDiscovery audit’
- When to consolidate
- Understanding – and overcoming – the risks associated with outsourcing your records management
- Identifying what eDiscovery tools (and spend) will meet your legal and infrastructure demands
- Interviewing vendors: knowing what questions to ask
- Creating an RFP to interview and short-list vendors
- Develop a standardized pricing model and performance metrics against which to measure vendors
|
Christopher Harris
Head of Records Management
BNY Mellon
|
Mark Surguy
Partner
Eversheds
|
13.00
Networking Lunch
14.00 Preparing for new data sources: How social media is redefining eDisclosure
- Discovery of social media: understanding the implications of todays most prevalent source of date
- Understanding what types of social media you should be paying attention to
- Preparing for social media:
- Developing the airtight social media policy
- Implementing the technology: archiving, preserving, collecting and reviewing social media data
- Data privacy concerns
- Understanding the appropriateness of investigative access
|
David C. Shonka Principal Deputy General Counsel Federal Trade Commission
Chris Dale The eDisclosure Information Project
|
Patrick Oot Co-Founder and GC Electronic Discovery Institute Special Counsel, Electronic Discovery US Securities and Exchange Commission†
|
|
|
14.40 - 15.20
Emerging technologies and trends to meet tomorrow’s demands: Technologies you can use now that will improve the efficiency and accuracy of global eDisclosure search, review and production
- Leveraging technology to gain control of the eDisclosure process
- Improving legal review: Predictive Coding, Statistical Sampling and more
- Streamlining document review: the latest methodologies and techniques
- Understanding the collaboration of counsel into the process
- How to create a defensible process
|
Multilingual document discovery: Workflow management strategies that increase efficiency, mitigate risk and minimise cost
- Summary of the workflow of a discovery/disclosure project
- Impact of documents in multiple languages on this workflow:
- Reliability of searching
- Translation costs and delay
- Availability of appropriate review resources
- Mitigating risk and controlling costs
- Getting started – identifying which languages are present, and to what extent
- Employing technical solutions to solve specific issues and reduce unnecessary expenditure
- Use of alternative review and translation resources to control costs and increase efficiency
Drew Macaulay Director First Advantage Litigation Consulting
|
Employee Data Protection: Implementation of a data leakage prevention programme in a global company
- Several data protection and labor law requirements to be complied with
- Depending on the jurisdiction, the following measures may become necessary:
- Employee information / consents
- Works Council information / approvals
- Data Protection Authorities’ notification / approval
- Special issues in Germany, France and Luxembourg regarding personal emails
- Data protection friendly review of “suspicious” emails
- In-country review of emails
Philipp Raether Director-Corporate Counsel UBS
|
15.25 - 16.05
Scaling Mount Data: Tools to Speed up eDisclosure
- Predictive Coding: How can you make a computer “think” like a person?
- Filtering and Clustering: How can you use a computer’s analysis to refine and speed up the human review?
- Do you need a law degree to find privileged documents? Could a computer (without a law degree) do it better?
Seth Berman
Executive Managing Director
Stroz Friedberg LLC
|
eData: How to avoid boiling the ocean and other short stories from a FTSE100 company attempting to grapple with e-data governance
- Where it all began: lessons learned from records retention
- Time at sea: How do we deal with this massive subject?
- Building a business case for email archiving and management
- eDiscovery: Making progress without the need for a burning platform
Edward Walker Senior Corporate Counsel Wolseley Group
|
Practical Steps to Conducting eDisclosure in the Cloud
- Cloud based solutions: what processes are companies moving to the cloud?
- Using the cloud to enforce enterprise-wide information governance
- Assessing whether cloud computing is the right model for your business: what are the benefits and cost savings?
- What are the implications for privacy and data protection? What other risks should I consider?
Harald Collet
Global Head of Bloomberg Vault
|
16.10 Networking Break
16.40 - 17.20
Creating a global records management function that minimises risk and maximises compliance
- Identifying and overcoming the most common issues with managing cross-border, cross-business lines records
- Designing an effective global records management programme
- Who owns the policy, process and technology?
- How to achieve a balanced yet inclusive implementation?
- Is it possible to have one global records retention framework across multiple countries?
- Identifying and addressing region-specific work cultures, constraints and priorities
- Staffing a global records management team in the current economic situation
Ian Leedham Senior Counsel - Commercial & Dispute Resolution National Grid
|
Anticipating and responding to common data protection issues that can arise during an investigation
- 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 on location vs. offsite: key privacy considerations
Melissa Lea Head of Global Compliance SAP
|
Where is the data? Facilitating internal compliance reviews during investigations
- Knowing your data collection options
- Using early case assessment tools to review and analyse data quickly
- Identifying your technology options: what solutions exist that will satisfy varying laws across multiple jurisdictions?
- Overcoming the challenges of extracting data from different operating systems and devices
- On-site vs. off-site, in-house vs. outsourced: weighing your options
Dietmar Mauersberger Director IT Audit Siemens AG
|
17.25 Chairman’s executive summary and closing remarks
17.45 Conference Adjourns
See the Full Conference programme
Take me to Main Conference Day One
Visit the FREE Exhibition