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

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?

 

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

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.

 

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

10:30am – 11:00am
Coffee Break

11:00am – 12:00pm
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?
  • 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

12:00pm – 1:00pm
Networking Luncheon

1:00pm – 2:00pm
Session 4: Preserving Proportionally yet Avoiding
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

2:00pm-3:00pm
Session 5: Artificial Intelligence (AI) in IG and eDiscovery
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

3:00pm – 3:30pm
Networking Break

3:30pm – 4:30pm
Session 6: Privacy Laws and eDiscovery – Part A – 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.

 

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

4:30pm – 5:30pm
Networking Reception

 

8:30am – 9:00am
Continental Breakfast
9:00am – 9:45am
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

 

Moderators:
Shannon Yavorsky, Partner, Venable LLP
Adam Sand, CEO, Shopkick
Amanda Katzenstein, Product and Privacy Counsel, Salesforce

9:45am – 10:45am
Session 8: Possession, Custody and Control

  • 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

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
  • 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.