Chicago Agenda

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
Coffee Break

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
    • OSHA
  • 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
Networking Luncheon

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?

2:00pm-3:00pm
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
Networking Break

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
Networking Reception

 

8:30am – 9:00am
Continental Breakfast
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?

10:45am- 11:00am
Coffee Break

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.

 

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