Chicago Agenda

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
Coffee Break

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
Networking Luncheon

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
Networking Break

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
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
    • union 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.?

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?

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
  • 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.