Seattle Agenda

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?

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.

10:30am – 11:00am
Coffee Break

11:00am – 12:00pm
Session 3: BYOD or COPE

  • 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?
  • Protecting trade secret information on dual-use devices.
  • Practical approaches to preserving/collecting device data.

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?

Session 5: Artificial Intelligence (AI) in IG and eDiscovery

  • 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

3:00pm – 3:30pm
Networking Break

3:30pm – 4:30pm
Session 6: EU GDPR’s Impacts on eDiscovery

  • 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.

4:30pm – 5:30pm
Networking Reception


Agenda is subject to change.