Schedule

Wednesday, March 9 – Friday, March 11, 2016

Day 1 (Wed.) – 12:30 p.m. – 5:40 p.m. (Check-in and Lunch at 11:30 a.m.)
Day 2 (Thurs.) – 8:30 a.m. – 5:45 p.m. (Conference Reception 5:45-6:30 p.m.)
Day 3 (Fri.) – 8:00 a.m. – 12:30 p.m.

Day 1 / Wednesday, March 9, 2016

11:30 a.m.–12:30 p.m. Check In & Lunch (Law School Rotunda)
12:30–1:00 p.m. Welcome and Introduction:
Litigation Readiness, Big Data and the Internet of Things
Michael Arkfeld

Has your litigation readiness program kept up with Big Data and the Internet of Things? Hear how the sharing of data, the interconnectiveness of devices and data analytics will impact your practice.
1:00–2:00 p.m. Keynote Address
Hon. Shira A. Scheindlin, U.S. District Judge, Southern District of New York
The New Rules in Action
Hon. Shira A. Scheindlin / Lea Bays / Kevin F. Brady
Moderator: Maura R. Grossman

How will it look in Court? The rules have been passed, what do they mean and how will it look in Court? Hear as Judge Scheindlin explains the rules and then see a mock hearing applying them.
2:15–3:05 p.m. Concurrent Sessions
HACKED!  not When, but If…
Alexander Arato / Fredric Bellamy / Vinnie Liu
Moderator: William Kellermann 

With several of the most notable data breaches resulting from attacks on supply chain partners (Target via an HVAC contractor, T-Mobile via Experian) a client is only as strong as its weakest partner. Nonetheless, efforts to secure IP and other valuable data inflict casualties on the electronic discovery process, introducing difficulties that increase cost and threaten deadlines. This session will explore risks and concerns surrounding information security for corporate legal departments, law firms and the third-party service providers that assist both and how to balance those risks with accessibility, efficiency and productivity.
Anatomy of the Legal Hold and Monitoring Compliance (Foundations Track, Part 1 )
Mike Burg / Brad Harris / Tessa  K. Jacob / Hon. Xavier Rodriguez
Moderator: Mark Sidoti

You know the legal issues; now confront the technological issues that you must address in any case involving ESI. We have all received a boiler plate demand to preserve every bit and byte of data, this session will help you understand the technical concepts and terminology found in those legal hold letters and prepare you to respond. Then delve into step by step methodologies to ensure your legal holds are effective.
3:05–3:20 p.m. Networking Break
3:20–4:10 p.m. Concurrent Sessions
Herding Cats: A Case for Effective Project Management
Stephen Goldstein / Anne Kershaw / Tom Morrissey
Moderator: Kelly Twigger

It is not always clear who is doing what in a case, and the more complicated the case the less clear it can be. What is clear, is that proper project management can save time and money both long term and short term in a case. In this session, battle tested project managers will share their thoughts on the DO’s and DON’T’s of effective project management, war stories from the trenches, the benefits of the doing it right and costs of doing it wrong, and tools helpful in managing projects from the most complicated to the most simple.
Negotiating at a Meet and Confer the Technological Issues and the Legal Issues (Foundations Track, Part 2)
William Butterfield / Brandon Colburn / Tessa K. Jacob / Hon. Craig B. Shaffer
Moderator: Mark Sidoti

Armed with an understanding of your client’s legal hold efforts and IT structure, negotiate during a meet and confer an appropriate preservation agreement, ESI production and form protocol, and other technological issues with the opposing party.
4:40-5:40 p.m. Plenary Session
The Business Case for Information Governance and What It Means to eDiscovery Lawyers
Jason R. Baron / John P. Collins / Mark  A. MacFarlane / Linda Sharp
Moderator: Shawn Cheadle
In recent years, companies have spent more time and resources on Information Governance (IG); to the point that IG is rapidly becoming a key organizing principle for companies thinking about how to manage the increasingly big data sets they possess and control. This session will cover the fundamentals of practicing IG; how IG leaders are breaking down walls between various departments that manage information and championing IG ideas/projects within their organizations; and how it relates to the cares and concerns of eDiscovery lawyers.

Day 2 / Thursday, March 10, 2016

8:00–8:30 a.m. Continental Breakfast and Check In (Law School Rotunda)
8:30–9:25 a.m. Keynote Address – Steven Watson, Sr. Technical Lead for eDiscovery, Intel Corp.
“Yes, But What do we do About Smart Watches, IoT and Connected Cars!” – Data Preservation of New
Technologies”
Steve Watson
Moderator: Michael Arkfeld

Technology is changing our world at a blistering pace. Today our businesses and lives rely on devices that are barely a decade old. What technology advances and changes can we anticipate in the next five years? And how will we make use of this data for electronic discovery? Our Thursday keynote presenter is a veteran technologist and digital forensics futurist with experience from startups to Fortune 50 companies. He supports large-scale litigation as an eDiscovery Architect and lead eDiscovery technologist at Intel Corporation. He is a PhD researcher focused on new and emerging technologies and sits on two Federal committees related to digital evidence policy, standards and techniques.
9:55–10:45 a.m. Concurrent Sessions
Big Brother is Always Watching, but What Do You Do When They Actually KNOCK (Government Investigations)
Shawn Cheadle / Tracy Greer / Dominic Lanza
Moderator: Robert  E. Singleton

This session examines the differences between an investigation (either governmental or internal) and civil litigation. Hear from experienced practitioners – both from the private sector and the government – as they provide tips based on real world experience on how to deal with discovery in those investigations.
The Impact of Data Analytics on Litigation – It’s not just TAR Anymore
William Kellerman / Steve Moore / Hon. Craig B. Shaffer
Moderator: Michael Arkfeld
Much is discussed about using analytics to classify documents in electronic discovery or information governance.  But what do you do when data analytics are inextricably intertwined with your case-in-chief, or the primary evidence in support of the claims and defenses?  Using a hypothetical crafted from today’s headlines, this
session will explore how the information explosion, where the customer is the product, effects matters, electronic discovery and evidence in new and challenging ways.
eDiscovery: Not One Size Fits All (Small Cases)
Gordon D. Cruse / James Hennehoefer / Kelly Twigger
Moderator: Joy Allen Woller

We have moved past the point when counsel can simply bury their heads and pretend like eDiscovery does not exist. Courts are becoming more involved and local rules require eDiscovery be addressed in all matters – regardless of the size of the firm, company, or case. This session will examines the intricacies of conducting eDiscovery in cases where the parties/firms are not multi-national conglomerates including software to use, vendor options, proper preparation for the e-discovery meet & confer, and using the Person Most Knowledgeable deposition to your benefit. 
10:45–11:00 a.m. Networking Break
11:00–11:50 p.m. Concurrent Sessions
TAR Wars: Debating the Sticking Points
Lea Bays / Maura R. Grossman / John Tredennick / Martin Tully
Moderator: Hon. Craig B. Shaffer

This session will involve a spirited discussion of controversial issues surrounding the use of Technology Assisted Review (“TAR”) from the perspective of requesting party, responding party, the technician, researcher, and the court. Issues will include:
• What is holding back the use of TAR?
• Must the use of TAR be disclosed?
• Must the opposing party or court pre-approve the use of TAR?
• May keywords be used before TAR?
• Must training documents be shared?
• What is and is not working with TAR?
• What is a reasonable TAR result?
• What does the latest research say about TAR?
An Interactive IG Workshop: Getting to Work on IG
Shawn Cheadle / Tom Morrissey / Karlena Schwing
Moderator: Jason R. Baron
Dive into how IG can be implemented in an organization. Based on a hypothetical provided to participants, all will be expected to roll up their sleeves and contribute to a facilitated group discussion through table-top exercises aimed analyzing and resolving an IG challenge. The goal of the session will be to provide hands-on training and audience participation in resolving the challenge. Time permitting, session leaders designated in advance may also participate in a brief role-playing exercise. 
11:50–1:00 p.m. Lunch (Law School Rotunda)
1:00–1:15 p.m.  Paper Presentation
1:15–2:15p.m. Plenary Session
New Rules: Tweaks or Game-Changers? How to Make Sure You Don’t Get Tweaked and Maximizing the Amendments to Your Benefit
William Butterfield / Hon. David G. Campbell /  Mark Michels
Moderator: Hon. Xavier Rodriguez

This session will examine the December 2015 amendments and the new cases published since the effective date. This session will also introduce what other discovery rules are being examined for possible amendment.
2:30–3:20 p.m. Concurrent Sessions
The Search Continues: The Nitty-gritty of Selecting, Tuning, and Implementing Electronic Search Parameters and Protocols
Alex Goth / Tom O’Connor / Niloy Ray
Moderator: Joy Allen Woller

This session will illustrate common assumptions and errors that lead to disproportionate discovery burdens, including:
• Keyword Search Nuances;
• Time periods, custodian-level differentiation, metadata field-based searches, etc.;
• Structured Data – network folders, business databases, and other non-e-mail evidence before applying keywords;
• The Big Picture: phased discovery, sampling, iterative review, and other approaches to stemming burden-creep, and how to set up proportionality arguments throughout 
We Fought About it, I Got It, How do I Use It – Evidentiary Issues with ESI
Sean Gallagher / Michelle D. Hess / Hon. Xavier Rodriguez
Moderator: Josh Gilliland

This session will explore how to establish a foundation for the admission of ESI in pre-trial motions and trial. This session will also introduce attendees to how to best present various types of ESI in pre-trial proceedings and trial.
• Challenges to email authenticity: I didn’t send that
• Text messaging: I didn’t send that either
• Photographs: That is not how the scene looked
• Facebook: I don’t “like” that
3:20–3:35 p.m. Networking Break
3:35–4:25 p.m. Concurrent Sessions
But We Aren’t Even IN This Case! How to Make Civil Subpoenas as Effective (and Painless) as Possible
Michael Burg / Meredith Dugan / Hon. Shira A. Scheindlin Moderator: Kelly Griffith
Panelists will discuss ESI requests and production in the context of a civil subpoena. While traditional party-vs-party discovery involves entities who all have a “dog in the fight” (so to speak), subpoenaing ESI from a third party imposes some burden – however great or small – on a disinterested party. As you might imagine, disinterested parties are even less inclined than litigants to engage in costly or time-consuming preservation, collection, review, and production efforts. Effectively navigating this unique circumstance takes a delicate touch, and panelists will provide hard-earned insight on the applicable rules, as well as the benefits of careful planning and regular communication.
The First 72 Hours: Responding to a Data Breach Quickly and Effectively to Minimize Risk and Get Back to Business
Jennifer Hradil / Karen McGee / Karen Painter Randall /
Moderator: Dan K. Christensen

A data breach of any type is sudden and unexpected, and time is of the essence in responding. This session will walk through the implementation of an effective incident response plan based upon a data breach fact pattern. Panelists will discuss the roles and responsibilities of each member of the incident response team, including senior management, legal counsel, information systems personnel, privacy/security officers, compliance officers, public relations, and third party vendors/consultants. The session will include discussion of identifying and remediating the source of the data breach, minimizing legal risks, establishing and preserving the attorney-client privilege, complying with notification obligations, and preserving evidence  
4:45–5:45 p.m. Plenary Session
A Judicial Perspective
Hon. David G. Campbell / Hon. Xavier Rodriguez / Shira A. Scheidlin / Hon. Peter B. Swann / Hon. Samuel A. Thumma Moderator: Michael Arkfeld
There have been notable developments in eDiscovery beyond the recent changes to the Federal Rules. Hear from noted jurists on issues faced in eDiscovery, including: phased discovery, cost shifting, privacy, triggering events, special masters, and more! Time permitting, come prepared with the questions about which you have always wanted to have an off-the-record discussion with a judge.
5:45–6:30 p.m. Conference Reception

Day 3 / Friday, March 11, 2016

8:00-8:30 a.m. Continental Breakfast and Check In (Law School Rotunda)
8:30–9:30 a.m. Keynote Address – Michael Goul, Associate Dean for Research, W.P. Carey School of Business

Welcome to Today’s Wild West of Data Science and Big Data
Michael Goul
Moderator: Michael Arkfeld

Current methodologies, approaches and technical means to conduct data science in the emerging big data era are in a nascent stage of development in contrast with scientific methods used in many engineering, natural science and social science disciplines. We will discuss what data scientists do, what they produce, provide insights on the nature of the tool suites they rely upon, and we will examine how data science discoveries are put to use in typical business contexts.  There often exists a treasure trove of discoverable data science and big data digital exhaust that can shed light on how modern business practices are being designed and implemented.  We will look at how Big Data is managed and how it provides value in companies across many industries.  Whether you are considering data science as an approach to support your internal e-discovery processes or you are working with a client for whom the application of data science has resulted in negative outcomes and consequences, this session will familiarize you with latest trends and current controversies.

9:30-9:45 a.m. Paper Presentation
10:00–10:50 a.m. Concurrent Sessions
Behind Closed Doors
Meredith Dugan / Kelly Griffith / Danny Richardson
Moderator: George Socha

Behind closed doors. In recent years, law firms and corporations have taken different approaches to handling eDiscovery. Models range from creating fully-staffed internal litigation support departments, to outsourcing all “eDiscovery” to technology providers, and everything in between.  Is there a “correct” or “best practice” model for handling eDiscovery?  This panel will discuss the benefits and risks of these various approaches as well as the ethical issues inherent in each.
Welcome to the eMachine: the Evolving Terrain of the Modern “eWorkplace”
Rita Byrnes Kittle / Hunter McMahon / Niloy Ray
Moderator: Joy Allen Woller

This session addresses the key strategic shifts that savvy litigators and leading-edge businesses have made to account for this new world, including with respect to the impact of the 2015 amendments to the FRCP.
• Elements of the eWorkplace: computers, cell-phones, social media, cloud, Internet of Things.
• Litigation Strategy in the eWorkplace: Should traditional discovery practices and approaches be adjusted?
• Collecting ESI: How to enforce proportionality as data multiplies.
10:50–11:05 a.m. Networking Break
11:05 a.m.–12:05 p.m. Plenary Session
Change in Competency Standards – The Ethics of eDiscovery (Jeopardy!)
Moderator: Robert E. Singleton
As more and more states adopt the ABA’s Comment on attorney competency regarding technology, and other states (like California) issue guidance on the ethical duties of attorneys with respect to handling ESI, it is increasingly important for all attorneys to understand their obligations with respect to technology. Come learn about your obligations in this fast-paced, jeopardy-style presentation.
An ASU-Arkfeld tradition and always a crowd favorite. 
12:05–12:30 p.m. Closing Address

 

*Please note: this schedule is subject to change. 

 

 Presented by:

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