San Francisco Agenda

2017 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
Coffee Break

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
Networking Luncheon

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
Networking Break

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
Networking Reception


8:30am – 9:00am
Continental Breakfast
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
    • Parent?
    • Directors?
      • What about on their personal devices and on personal email
    • Affiliates?
    • Subsidiaries?
    • Agents?
    • Employees?
      • 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?

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
  • 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.