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Los Angeles 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: Managing Creation and Defensible Disposition of Company Data
- Data Creation – getting ahead of the avalanche but not getting plowed under
- How to create an Information Governance culture
- Capturing data in the wild – Finding and managing employee created data stored in unauthorized/unsponsored locations
- 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
- Defensible disposition – how to get rid of data that no longer has business value (and is not required to be held)
10:30am – 10:45am
10:45am – 11:45am
Session 3: The New Scope of Discovery-Rule 26(b) (1) – Proportionality – Sea Change or Minor tweak?
- Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
- 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?
11:45am – 12:45pm
Session 4: The 2015 FRCP Amendments in Practice – Rule 34
- How are we handling the heightened specificity now required in discovery responses?
- 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?
- Native vs. Non-Native Productions
- Addressing requests for native production
- New standards articulated in cases (i.e. recent TX Supreme Court Case State Farm)
- What is reasonable?
- What are the burdens?
- How frequently are the amendments being overlooked?
12:45pm – 1:45pm
1:45pm – 2:45pm
Session 5: Bring the Discovery Process In-House
- Legal Hold Software – what should you be looking for in a hold tool?
- Collection considerations
- Appropriate collection tool requirements
- What about impact of the new FRE 902
- Processing and Hosting – What should companies consider when evaluating a SAAS or on premise platform
- IT personnel requirements
- Bandwidth (do you have enough people to handle the workload?)
- Appropriate expertise (these are not regular IT folks)
- IT resource requirements
- Building out an IT infrastructure to support collection/processing/hosting
- IT personnel requirements
- Cloud solutions vs. in-house
- TAR Workflows
2:45pm – 3:30pm
Session 6: The New Rule 37(e) – Preservation & Sanctions
- What are “reasonable steps”?What is needed beyond legal hold notices?
- How to prove intent to deprive?
- Is the intent-to-deprive standard leading to reasonable outcomes, or merely to greater ‘discovery on discovery’?
- Where are we with non-ESI preservation/spoliation in the wake of the new 37(e)?
- How has the new standard impacted sanctions levied?
- O’Berry v. Turner
- Best Payphones
- Living Color
3:00pm – 3:45pm
3:45pm – 4:45pm
Session 7: Ethics in E-Discovery
- Threat landscape for law firms
- Ethical obligations of law firms to protect client data (and understand technology)
- How are companies (especially in regulated industries) scrutinizing and managing law firms?
- What do you require of opposing counsel and other third parties when turning over information in discovery?
- What assurances do we have from the government with sensitive info?
- Ethical obligations when advising client on how to handle cybersecurity-related legal issues
4:45pm – 5:30pm
Agenda is subject to change.