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?

 

Niloy Ray, Shareholder, Littler Mendelson
Michael Burg, Corporate Counsel, DISH Network L.L.C.
Kathy Owen Brown, Senior Counsel, DLA Piper

9:30am – 10:30am
Session 2: Information Governance v. Defensible Disposition

  • Who’s involved in the ongoing data management process, if any?
  • How to create an IG culture.
  • Data in the Wild: Employees’ authorized and ad hoc use of the Cloud, Instant Messaging, and other communication technologies.
  • Social Media: employers’ rights to review, limit use and seek discovery of posts on their own employees’s pages.
  • Best practices for departing or transitioning employees.
  • How to (defensibly) get rid of data that no longer has business value and is not under a preservation obligation.

 

Constance Mockaitis, Manager,eDiscovery Legal Division, AbbVie
Mathea Bulander, Senior Attorney, Redgrave LLP
Tomas Thompson, Managing Member, Thompson Legal LLC
Lisa Stortenbecker, Manager, Discovery Services, Senior Counsel, Sears Holdings Corporation

10:30am – 11:00am
Coffee Break

11:00am – 12:00pm
Session 3: Rule 34 Amendments in Practice

  • How are we handling the heightened specificity now required in discovery responses, e.g., Fischer case?
  • Any early delivery of RFPs? More 502(d) orders?
  • The challenges of knowing and detailing documents withheld because of objections early in discovery.
  • Production deadlines – how do parties establish a reasonable date certain for completing productions?
  • How frequently are the amendments being overlooked?

 

Michelle Bogosh, Counsel e-Discovery, Archer-Daniels-Midland Company
Jay Carle, Partner, Seyfarth Shaw

12:00pm – 1:00pm
Networking Luncheon

1:00pm – 2:00pm
Session 4: Proportionality – Sea Change or Minor Tweak?

  • Has FRCP 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?
  • Is Oppenheimer still the standard for discovery scope?
  • Does proportionality apply to a R. 45 subpoena?

 

Peter Pepiton, eDiscovery Director, Dinsmore & Shohl LLP
Doug Matthews, Partner, Vorys
Tom Thompson, Managing Member, Thompson Legal LLC
Matt Rotort, Discovery Counsel, MoloLamken LLP

2:00pm-3:00pm
Session 5: Post-Amendment Preservation & Spoliation
Sanctions

  • Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
  • What are “reasonable steps”? More than legal holds?
  • What is the range of curative measures under FRCP 37(e)(1)?
  • How does one practically establish intent to deprive?
  • What about non-ESI preservation/spoliation?
  • Is “inherent power” to sanction alive and well?
  • Cases: O’Berry v. Turner; Internmatch; Best Payphones; Living Color

 

Mathea Bulander, Senior Attorney, Redgrave LLP
Doug Matthews, Senior Attorney, Redgrave LLP
Adam Bottner, Senior Attorney, Redgrave LLP
Marcia Wyett, Project Manager- eDiscovery, The Boeing Company
Zach Holmstead, Partner, Kirkland & Ellis LLP

3:00pm – 3:30pm
Networking Break

3:30pm – 4:30pm
Session 6: A Survey of Emerging ESI

  • Internet of Things
  • Cryptocurrencies
  • Advanced Device Forensics: GPS, Activity Data, etc.
  • Beyond E-mail – Slack, Hipchat, and other collaboration spaces
  • Stingrays?

 

Scott Cohen, Director of E-Discovery Support Services, Winston & Strawn LLP
Scott Polus, Regional Vice President, Forensic Services, Xact Data Discovery

4:30pm – 5:30pm
Networking Reception

 

8:30am – 9:00am
Continental Breakfast
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
    • NLRA context
    • cross-border issues
    • OSHA
  • 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.?

 

Michelle Bogosh, Counsel e-Discovery, Archer-Daniels-Midland Company

9:45am – 10:45am
Session 8: Possession, Custody and Control

  • Legal Right v. Practical Ability: how far does P/C/C extend
  • Cross-border issues, including GDPR (effective 5/25/18).
  • 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?
  • Do obligations differ when served a R. 45 subpoena only?

 

Peter Pepiton, eDiscovery Director, Dinsmore & Shohl LLP
Matt Rotort, Discovery Counsel, MoloLamken LLP

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
  • 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
  • Need for facility with technical as part of duty of competence
  • Duty to supervise other lawyers and non-lawyers

 

Melisa Twomey, Director, Strategic Client Solutions, Consilio
Jay Carle, Partner, Seyfarth Shaw
Marcia Wyett, Project Manager- eDiscovery, The Boeing Company

 

Agenda is subject to change.