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?


Robert Brownstone, Technology & eDiscovery Counsel, and Chair, Electronic Information Management, Group Fenwick & West LLP
Robert Singleton, Principal, Squire Patton Boggs
Gretchen Marty, eDiscovery Counsel, Littler Mendelson

9:30am – 10:30am
Session 2: 21st Century IG and Defensible Disposition

  • Who’s involved in the ongoing data management process, if any?
  • How to (defensibly) get rid of data that no longer has business value and is not under a preservation obligation.
  • Data in the Wild: Employees’ authorized and ad hoc use of the Cloud, collaborative platforms and communication technologies (Slack, Hipchat, Wickr, etc.).
  • Internet of Things (IoT)
  • Blockchain and Cryptocurrencies
  • 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.


John Breen, Partner, Lewis Brisbois Bisgaard & Smith
Stephen Embry, Attorney, embryLaw LLC

10:30am – 10:45am
Coffee Break

10:45am – 11:45pm
Session 3: BYOD, COPE or IDKW?

  • BYOD or 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.?
    • Stingrays?
  • Protecting trade-secret Information on dual-use devices.
  • Practical approaches to preserving/collecting device data.


Andrea D’Ambra, Senior Counsel, Norton Rose Fulbright
Stephen Embry, Attorney, embryLaw LLC

11:45pm – 12:45pm
Networking Luncheon

12:45pm – 1:45pm
Session 4: Preserving Proportionally yet Avoiding

  • Has FRCP 26(b)(1) front-loaded the discovery dispute process?
  • Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
  • What proportionality facts/metrics do parties need to bring to the table?
  • What are “reasonable steps”?
  • 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?


Caroline Mankey, Partner, Akerman LLP
Samantha Green, Manager of Thought Leadership, Epiq Systems
Ruth Hauswirth, Special Counsel and Director of Litigation and E-Discovery Services, Cooley LLP

Session 5: Artificial Intelligence (AI) in IG and eDiscovery

  • Day-to-day information management:
    • Can machine learning (ML) and natural language processing (NLP) help improve?
    • Do Technology Assisted Review (TAR) tools scale so as to aid IG?’
  • Recent Developments in TAR and Predictive Coding technology and law:
    • Continuous Active Learning (CAL) and “TAR 2.0”
    • Maura Grossman’s exemplar protocol in Broiler Chickens


Bobby Malhotra, eDiscovery Counsel, Munger, Tolles & Olson LLP
Melanie Kibbler-Wright, Consultant, H5
Gordon Calhoun, Partner, Lewis Brisbois Bisgaard & Smith
John Breen, Partner, Lewis Brisbois Bisgaard & Smith

2:45pm – 3:00pm
Networking Break

3:00pm – 4:00pm
Session 6: Privacy Laws and eDiscovery – Impacts of the EU General Data Protection Regulation (GDPR)

  • Do U.S. legal proceedings for within the various exceptions in the GDPR and/or in prior Article 29 Working Party promulgations?
  • Should written consent still be sought even in light of the exceptions’ apparent applicability?
  • How do GDPR requirements intersect with imposition of litigation holds?
  • 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?
  • Privacy Shield certification – adoption by law firms and other eDiscovery service providers.


Honorable Judge Segal, Chief United States Magistrate Judge, Central District of California
Andrea D’Ambra, Senior Counsel, Norton Rose Fulbright
Maureen O’Neil, Senior Vice President, DiscoverReady

4:00pm – 5:00pm
Session 7: Privacy Laws and eDiscovery – Part B- Notice of Breach laws; and the Potential Impact of the California Consumer Privacy Act of 2018 (effective 1/1/20)

  • Notice of breach laws and stipulations’ data security provisions
  • Overview of CCPA:
    • Which companies are covered?
    • Criticisms of this rushed -through set of statutes
    • Post-enactment “clean-up” legislation
    • Comparison to GDPR
  • Potential eDiscovery issues in:
    • non-privacy litigation
    • CCPA privacy litigation


Shannon Yavorsky, Partner, Venable LLP
Gordon Calhoun, Partner, Lewis Brisbois Bisgaard & Smith

5:00pm – 6:00pm
Networking Reception


Agenda is subject to change.