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San Francisco Agenda
The 2019 agenda is coming soon.
A copy of the 2018 agenda is below.
eDiscovery in the Digital Workplace: Evolving Technologies, Evolving Law
- What are your pain points, biggest issues?
- What is your role?
- What do you want to get out of the seminar?
Moderators:
Robert Brownstone, Technology & eDiscovery Counsel, and Chair, Electronic Information Management, Group Fenwick & West LLP
Jason R. Baron, Of Counsel, Information Governance & eDiscovery Group, Drinker Biddle & Reath LLP; Co-chair, Information Governance Initiative
Niloy Ray, Shareholder, Littler Mendelson
- 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.
Moderators:
Robert Brownstone, Technology & eDiscovery Counsel, and Chair, Electronic Information Management, Group Fenwick & West LLP
Jason R. Baron, Of Counsel, Information Governance & eDiscovery Group, Drinker Biddle & Reath LLP; Co-chair, Information Governance Initiative
Jennifer Bantelman, Senior Director of Solutions Engineer, Zapproved
Joseph Pochron, President, Forensic Technology & Consulting, TransPerfect Legal Solutions
- 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?
- Practical approaches to preserving/collecting device data.
- Protecting trade-secret information on dual-use devices.
Moderators:
Eric Ball, Partner, Litigation Group, Fenwick & West LLP
Alice Tan, Vice President of Client Services, Fronteo
John-Paul Deol,
Associate, Litigation, Fenwick & West LLP
Spoliation
- 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?
Moderators:
Honorable Judge Laporte, United States Magistrate Judge, U.S. District Court for the Northern District of California
Eric Ball, Partner, Litigation Group, Fenwick & West LLP
Liwen Mah, Conservationist, The Nature Conservancy
Ruth Hauswirth, Special Counsel, Director of Litigation and E-Discovery Services, Senior Attorney, Cooley LLP
Sanctions
- 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
Moderators:
Matthew Rotort, Discovery Counsel, MoloLamken LLP
Melanie Wright-Kibbler, Consultant, H5
Marnie Carter, Instructor, The Organization of Legal Professionals
- 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.
Moderators:
Matthew Rotort, Discovery Counsel, MoloLamken LLP
Shannon Yavorsky, Partner, Venable LLP
Gordon Calhoun, Partner, Lewis Brisbois Bisgaard & Smith
Shannon Turner, Associate, Litigation, Fenwick & West LLP
- 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
Moderators:
Shannon Yavorsky, Partner, Venable LLP
Adam Sand, CEO, Shopkick
Amanda Katzenstein, Product and Privacy Counsel, Salesforce
- Legal Right v. Practical Ability: how far does P/C/C extend
- What cross-border issue arise, including GDPR?
- When is there custody of/control over employees’ data?
- Does a company have P/C/C over the data of its:
- Parent Co.?
- Affiliates? Subsidiaries?
- Agents? Employees?
- Directors?
- Do duties differ when served an FRCP 45 subpoena only?
Moderators:
Matthew Rotort, Discovery Counsel, MoloLamken LLP
- Insight into, and involvement in, client’s preservation/collection
- Meet/confer duties
- 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
- Need for facility with technical as part of duty of competence
- Duty to supervise other lawyers and non-lawyers
Moderators:
Gordon Calhoun, Partner, Lewis Brisbois Bisgaard & Smith
Karl Torke, Director, Consilio
Agenda is subject to change.