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San Francisco 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: 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?
- Prospective proportionality – how safe is it to limit preservation at the outset based on proportionality factors?
- Retrospective proportionality – can we limit discovery and preservation in cases that are pending?
10:30am – 11:00am
11:00am – 12:00pm
Session 3: Managing Data at Hiring and Firing and all the Data Created in Between
- Who’s involved in the ongoing data management process if there is one?
- 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 E-Discovery
- When is there custody control over employee’s data?
- 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 practice for departing employees or transitioning employees (dealing with leavers and changers)
12:00pm – 1:00pm
1:00pm – 2:00pm
Session 4: Preservation
- What are the reasonable steps?
- Where are we with non-ESI preservation/spoliation in the wake of the new 37(e)
- What do we need to do beyond legal hold notices?
- Strategic use of FRCP 16 and FRCP 26 with respect to preservation.
- Rule 37 (e) and the impact on inherent judicial authority to sanction
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-the delicate balance when it comes to possession, custody or control of business related data
3:00pm – 3:30pm
3:30pm – 4:30pm
Session 6: Culling and Reviewing Tools-Latest Developments
- Should searching and culling be the first techniques when trying to reduce volume?
- How much transparency is being required as to search terms? As to TAR tools?
- Most effective ways to negotiate as to search-(terms and TAR)?
- Best ways to test and refine search criteria
- How to make the case that search criteria has been reasonable ?
4:30pm – 5:30pm
8:30am – 9:00am
9:00am – 9:45am
Session 7: Cross-Border Issues – Proactive and Reactive Tips
- What will be the impact of the new EU General Data Protection Regulation (GDPR)?
- Article 48 9formerly Article 43- (a)
- Does the new EU-US Privacy Shield change our discovery practices?
- Are U.S. courts and regulators becoming more or less understanding of data privacy issues?
- Developments in other non-European jurisdictions
9:45am – 10:45am
Session 8: Possession, Custody and Control
- What is Control? Legal Right or Practical Ability—which is winning these days?
- When does a company have PCC over its data?
- Does a company have PCC over the data of its
- What about on their personal devices and on personal email
- What about on their personal devices and on personal email?
- What can companies do to protect important data while not burdening them with having to do far-reaching discovery?
11:00am – 12:00pm
Session 9: 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
Agenda is subject to change.