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eDiscovery in the Digital Workplace: Evolving Technologies, Evolving Law
November 8th, 2018
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
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
- Device-use policies:
- Key considerations
- Is employee privacy an oxymoron in the U.S.?
- Protecting trade secret information on dual-use devices.
- Practical approaches to preserving/collecting device data.
12:00pm – 1:00pm
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
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
Agenda is subject to change.