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Day One: June 12, 2019
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: 21st Century IG v. Defensible Disposition
- Who’s involved in the ongoing data management process, if any?
- Does artificial intelligence (AI) have a role?
- Can machine learning (ML) and natural language processing (NLP) help improve?
- How to (defensibly) get rid of data that no longer has business value and is not under a preservation obligation.
- Cloud-stored data: enterprise and employee- personal
- Social Media: employers’ rights to review, limit use and seek discovery of posts on their own employees’ pages.
- Best practices for departing or transitioning employees.
10:30am – 11:00am
11:00am – 12:00pm
Session 3: BYOD, COPE or IDKW?
- BYOD vs. COPE
- Risks and rewards day-to-day and in eDiscovery
- wage-and-hour risks
- NLRA context
- cross-border issues
- Device-use policies:
- key considerations.
- Is employee privacy an oxymoron in the U.S.?
- Mobile device management (MDM)
- Monitoring and enforcement
- Protecting trade-secret Information on dual-use devices.
- Practical approaches to preserving/collecting device data.
12:00pm – 1:00pm
1:00pm – 2:00pm
Session 4: Preservation, Proportionally and Avoiding Spoliation
- Developments in legal hold.
- Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
- Legal Right v Practical Ability:how far does PCC extend?
- Parent? Affiliates? Agents? Directors?
- What proportionality facts/metrics do parties need to bring to the table?
- Has the MIDPP upended discovery?
- Do obligations differ when served a R.45 subpoena?
Session 5: A Survey of Emerging ESI
- Advanced Device Forensics: GPS, Activity Data, etc.
- Internet of Things
- Post e-mail commications and collaborative platforms (Slack, Hipchat,Wickr, etc.)
- Microsoft 365
- Blockchain and Cyrptocurrencies
3:00pm – 3:30pm
3:30pm – 4:30pm
Session 6: Getting to the Needle Quicker and Cheaper
- Continuing developments in TAR and Predictive Coding technology
- Continuous Active Learning (CAL) and “TAR”
- Maura Grossman’s exemplar protocol in Broiler Chickens
- Impact of Rule 34 Amendments
- Use of 502(d) orders
4:30pm – 5:30pm
Day 2: June 13, 2019
8:30am – 9:00am
9:00am – 9:45am
Session 7: EU GDPR’s Impacts on eDiscovery – A Look a Year Later
- How do U.S. legal proceedings intersect with the GDPR?
- What does “processing” encompass?
- How do GDPR requirements intersect with imposition of litigation holds?
- Do U.S. legal proceedings fall within the various derogations in the GDPR?
- Should written consent still be sought even in light of the exceptions’ apparent applicability?
- Compliant agreements that companies/litigants and law firms have in place with downstream service providers (outside counsel, co-counsel, vendors, cloud platform providers, etc.)
- What best practices still exist, e.g., anonymization and in-country culling/reviewing?
- Status of penalty assessments
- Privacy Shield certification – adoption by law firms and other eDiscovery service providers.
- Practical tips for US litigation
9:45am – 10:45am
Session 8: Spoliation
- What are “reasonable Steps”?
- What is the range of curative measure under FRCP 37 (e) (1)?
- How does one practically establish intent to deprive?
- What about non-ESO preservation/spoliation?
- Is “inherent power” to sanction alive and well?
11:00am – 12:00pm
Session 9: Ethics in E-Discovery
- Insight into, and involvement in, client’s preservation/collection
- Meet/confer duties
- How much “knowledge” is required in the duty of competence?
- Protecting client confidentiality
- Privilege Protection – Claw-back agreements
- Avoiding “weaponization” of discovery
- Ethical obligations when investigating or collecting on-line evidence
- Ethics of social-media postings and interactions
- Duty to supervise other lawyers, non-lawyers, and vendors
Agenda is subject to change.