Seattle 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: Managing Creation and Defensible Disposition of Company Data

  • Data Creation – getting ahead of the avalanche but not getting plowed under
  • How to create an Information Governance culture
  • Capturing data in the wild – Finding and managing employee created data stored in unauthorized/unsponsored locations
    • 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 practices for departing or transitioning employees
  • Defensible disposition – how to get rid of data that no longer has business value (and is not required to be held)

10:30am – 11:00am
Coffee Break

11:00am – 12:00pm
Session 3: The New Scope of Discovery-Rule 26(b) (1) – Proportionality – Sea Change or Minor tweak?

  • Prospective proportionality – how safe (or significant) is it to limit preservation at the outset based on proportionality?
  • 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?
  • Has the revised description of discovery scope helped, or is Oppenheimer still the standard?

12:00pm – 1:00pm
Networking Luncheon

1:00pm – 2:00pm
Session 4: BYOD or COPE

  • BYOD vs. COPE
  • Device-use policies: key considerations
  • Risks and rewards day-to-day and in eDiscovery
    • wage-and-hour risks
    • union context
    • cross-border issues
    • OSHA

2:00pm-3:00pm
Session 5: The 2015 FRCP Amendments in Practice – Rule 34

  • How are we handling the heightened specificity now required in discovery responses? 
    • Fischer case.
  • Any early delivery of RFPs?More 502(d) orders?
  • The challenges of knowing and detailing documents withheld because of objections early in discovery.
  • Production deadlines – how do parties establish a reasonable date certain for completing productions?
  • Native vs. Non-Native Productions
    • Addressing requests for native production
    • New standards articulated in cases (i.e. recent TX Supreme Court Case State Farm)
    • What is reasonable?
    • What are the burdens?
  • How frequently are the amendments being overlooked?

3:00pm – 3:30pm
Networking Break

3:30pm – 4:30pm
Session 6: Bring the Discovery Process In-House

    • Legal Hold Software – what should you be looking for in a hold tool?
    • Collection considerations
      • Appropriate collection tool requirements
      • What about impact of the new FRE 902
    • Processing and Hosting – What should companies consider when evaluating a SAAS or on premise platform
      • IT personnel requirements
        • Bandwidth (do you have enough people to handle the workload?)
        • Appropriate expertise (these are not regular IT folks)
      • IT resource requirements
        • Building out an IT infrastructure to support collection/processing/hosting
    • Cloud solutions vs. in-house
    • TAR Workflows

4:30pm – 5:30pm
Networking Reception

 

8:30am – 9:00am
Continental Breakfast
9:00am – 9:45am
Session 7: The New Rule 37(e) – Preservation & Sanctions

  • What are “reasonable steps”?What is needed beyond legal hold notices?
  • How to prove intent to deprive?
  • Is the intent-to-deprive standard leading to reasonable outcomes, or merely to greater ‘discovery on discovery’?
  • Where are we with non-ESI preservation/spoliation in the wake of the new 37(e)?
  • How has the new standard impacted sanctions levied?
    • O’Berry v. Turner
    • Internmatch
    • Best Payphones
    • Living Color

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

  • Legal Right v. Practical Ability: what is the extent of a party’s P/C/C of data?
  • What issues does cross-border data discovery create?
  • When is there custody of/control over employees’ data?
  • Does a company have P/C/C over the data of:
    • Parent Co.? Affiliates? Subsidiaries?
    • Agents? Employees? Directors?
  • What can companies do to protect data while avoiding the burden of 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
  • Claw-back 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.