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Los Angeles Agenda
The 2017 Agenda is coming soon.
A copy of the 2016 agenda is below.
8:30am – 9:00am
Continental Breakfast and Registration
9:00am – 9:30am
Session 1: 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: Proportionality in Discovery: Change to 26(b) (1): 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?
- Rule 37 (e) and the impact on inherent judicial authority to sanction spoliation
10:30am – 11:00am
11:00am – 12:00pm
Session 3: Managing Data from hiring to Firing and All the Data Created in Between
- Who’s involved in the Data Management process
- Is “employee privacy” an oxymoron in the U.S.? What about employees’ personal data on company devices?
- BYOD – risks and rewards day-to-day and in Discovery
- When do we have Custody and Control over employee data
- Employees’ authorized and ad hoc use of the Cloud, Instant Messaging, and other technologies
- Social Media-employers’ rights to review, limit and seek discovery
- Best practice for departing employees or transitioning employees (dealing with leavers and changers)
12:00pm – 12:45pm
Session 4: Cross-Border Issues – Proactive and Reactive Tips
- What will be the impact of the new EU Data Protection Regulation? Section 43 (a)
- How does the Schrems decision change our discovery practices?
- Are courts and regulators becoming more or less understanding of data privacy issues?
12:45pm – 1:45pm
1:45pm – 2:45pm
Session 5: E-Discovery in Investigations: A Different Context
- Investigations v. litigation
- Government investigations v. internal investigations
- Overcoming the “fear factor”
- Employee misconduct and data theft
2:45pm – 3:30pm
Session 6: Developments in Search
- Should search and culling be the first question when trying to reduce volume
- What is the best way to negotiate search (terms and TAR)?
- Best way to text and refine search criteria
- How do lawyers fail to present their case for reasonable search to the court?
3:30pm – 4:00pm
4:00pm – 5:00pm
Session 7: Ethics in E-Discovery
- Insight into, and involvement in, client’s:
- 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
5:00pm – 5:15pm
Session 8: Wrap-Up and Next Steps
Agenda is subject to change.