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The 2018 Agenda is coming soon.
A copy of the 2017 agenda is below.
8:30am – 9:00am
Continental Breakfast and Registration
9:00am – 9:30am
Session 1: Opening Remarks and Polling the Audience
- What are your pain points, biggest issues?
- What is your role?
- What do you want to get out of the seminar?
9:30am – 10:30am
Session 2: 1 Year, 6 Months & 6 Days in the Life … the 2015 FRCP Amendments in Practice
- How are we handling the heightened specificity now required in discovery responses?
- Are we seeing greater emphasis on proportionality?
- Any early delivery of RFPs? More 502(d) orders?
- Are parties/courts addressing proportional preservation?
- Is the intent-to-deprive standard leading to reasonable outcomes, or merely to greater ‘discovery on discovery’?
- How frequently are the amendments being overlooked?
10:30am – 11:00am
11:00am – 12:00pm
Session 3: Managing Data at Hiring and Firing and all the Data Created in Between
- Who’s involved in the ongoing data management process (if there is one)?
- Employees’ authorized and ad hoc use of the Cloud, Instant Messaging, and other technologies.
- Social Media: employers’ rights to review, limit use and seek discovery of employee’s posts on their own pages.
- Best practices for departing or transitioning employees
12:00pm – 1:00pm
1:00pm – 2:00pm
Session 4: Proportionality – Sea Change or Minor Tweak?
- Has 26 (b)(1) front-loaded the discovery dispute process?
- What facts/metrics do parties need to bring to the table?
- Can proportionality be achieved without transparency?
- Has the revised description of discovery scope helped, or is Oppenheimer still the standard?
Session 5: Preservation & Sanctions
- Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
- What are “reasonable steps”? What is needed beyond legal hold notices?
- Where are we with non-ESI preservation/spoliation in the wake of the new 37(e)?
- Impact of 37(e) on inherent judicial authority to sanction.
3:00pm – 3:30pm
3:30pm – 4:30pm
Session 6: Culling and Reviewing Tools-Latest Developments
- Should searching and culling be the first techniques when trying to reduce volume?
- How much transparency is being required as to search terms? As to TAR tools?
- Is predictive coding even a consideration in looking at culling options?
- Effective ways to negotiate search terms and TAR.
- Best ways to test and refine search criteria.
- Defending reasonableness of search criteria.
4:30pm – 5:30pm
8:30am – 9:00am
9:00am – 9:45am
Session 7: BYOD, COPE or IDKW?
- BYOD vs. COPE
- Risks and rewards day-to-day and in eDiscovery
- wage-and-hour risks
- union context
- cross-border issues
- Device-use policies: key considerations.
- Practical approaches to preserving/collecting device data.
- Protecting trade-secret Information on dual-use devices.
- Is employee privacy an oxymoron in the U.S.?
9:45am – 10:45am
Session 8: Possession, Custody and Control
- Legal Right v. Practical Ability: what is the extent of a party’s P/C/C of data?
- What issues does cross-border data discovery create?
- When is there custody of/control over employees’ data?
- Does a company have P/C/C over the data of:
- Parent Co.? Affiliates? Subsidiaries?
- Agents? Employees? Directors?
- What can companies do to protect data while avoiding the burden of far-reaching discovery?
11:00am – 12:00pm
Session 9: Ethics in E-Discovery
- Insight into, and involvement in, client’s:
- Meet/confer duties
- Clawback agreements
- Avoiding “weaponization” of discovery
- Ethical obligations when investigating or collecting on-line evidence
- Ethics of social-media engagement and interactions
- Need for technical competence
- Duty to supervise other lawyers and non-lawyers
Agenda is subject to change.