• What are your pain points, biggest issues?
• What is your role?
• What do you want to get out of the seminar?

Moderators:
Robert Brownstone, Chair, Electronic Information Management (EIM) Practice Group; and Technology & eDiscovery Counsel, 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, Chair, Electronic Information Management (EIM) Practice Group; and Technology & eDiscovery Counsel, 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

• 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

• 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