Houston Agenda

The 2020 agenda is coming soon.

A copy of the 2019 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: IG in the AI Age

  • Top Down, Bottom Up Approach
    • Executive Buy-in for IG Initiatives
    • Who’s involved in the ongoing data management process, if any?
    • Understanding how data is created from the record creators
  • Creating an IG Culture
    • Dealing with Data in the Wild – the cloud, IM, and other communication technology
    • Phantom IT
    • Dealing with departing employees
    • Effectively dealing with ROT (redundant, obsolete, or trivial) data
  • What role does Artificial Intelligence play in Information Governance?
    • The Role of Machine Learning and Natural Language Processing
    • AI in Office365
  • Effectively dealing with ROT (redundant, obsolete, or trivial) data
  • Social Media: employers’ rights to review, limit use and seek discovery of posts on their own employees’ pages

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.
    • Mobile device management (MDM)
    • Monitoring and enforcement
  • Practical approaches to preserving/collecting device data.
  • Protecting trade secret information on dual-use devices.

12:00pm – 1:00pm
Networking Luncheon

1:00pm – 2:00pm
Session 4: Avoid Spoliation through Proportionality and Preservation

  • Has FRCP 26(b)(1) front-loaded the discovery dispute process?
  • Developments in legal hold
  • Are reasonable steps more than a legal hold?
  • Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
  • What facts/metrics do parties need to bring to the discussion?
  • Can proportionality be achieved without transparency?
  • Is Oppenheimer still the standard for discovery scope?
  • What is the range of curative measures under FRCP 37(e)(1)?
  • How does one really establish intent to deprive?
  • Is “inherent power” to sanction alive and well?

Session 5: Getting to the Needle Quicker and Cheaper

  • Scoping and Staffing the Project
  • Analyzing the Data – tools, tips, tricks
  • Continuing developments in TAR and Predictive Coding technology
    • Continuous Active Learning (CAL) and “TAR”
    • Maura Grossman’s exemplar protocol in Broiler Chickens
    • QC/Sampling
  • Model Discovery Plan
    • 7th Cir
    • District of AZ
  • Impact of Rule 34 Amendments
  • Use of 502(d) orders

3:00pm – 3:30pm
Networking Break

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

  • Office365
  • Beyond E-mail – Slack, Hipchat, and other collaboration spaces
  • Internet of Things
  • Cryptocurrencies
  • Blockchain
  • Advanced Device Forensics: GPS, Activity Data, etc.

4:30pm – 5:30pm
Networking Reception


8:30am – 9:00am
Continental Breakfast
9:00am – 9:45am
Session 7: Public Discussion about Privacy

  • EU GDPR’s Impacts on eDiscovery – A Look a Year Later
    • How do U.S. legal proceedings intersect with the GDPR?
    • Do U.S. legal proceedings fall within the various derogations in the GDPR?
    • How do GDPR requirements intersect with imposition of litigation holds?
    • Does written consent work?
    • What is processing?
    • What best practices still exist, e.g., anonymization and in-country culling/reviewing?
    • Compliant agreements that companies/litigants and law firms have in place with downstream service providers (outside counsel, co-counsel, vendors, cloud platform providers, etc.)
      • Privacy Shield
  • Elements common to most international privacy laws
  • The State of US Privacy legislation
    • Common denominators
    • Comparison to GDPR

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
  • 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?

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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