Wednesday, March 8 – Friday, March 10, 2017
|Day 1 (Wed.) – 12:30 p.m. – 6:00 p.m. (Check-in and Lunch at 11:30 a.m.; Reception 4:30 p.m.)|
|Day 2 (Thurs.) – 9:00 a.m. – 4:45 p.m. (Breakfast at 8:00 a.m.; Reception 5:00 – 6:30 p.m.)|
|Day 3 (Fri.) – 9:00 a.m. – 12:30 p.m. (Breakfast at 8:00 a.m.)|
Day 1 / Wednesday, March 8, 2017
|11:30–12:30 p.m.||Check In & Lunch|
|12:30–1:00 p.m.||Opening Address:
The “New Normal – Law, Technology, and Innovation”. Are You Prepared? The Disconnect Widens!
Aren’t you tired of hearing about email, texts, social media content, predictive coding, BYOD, databases and other digital evidence? Better not be. The identification and disclosure of electronically stored information is just starting for most practitioners, and the next stage is rapidly emerging. Next stage – Internet of Things (IOT), big data, privacy, cybersecurity, and analytics will test practitioners and legal professionals and subject them to risks for which, today, they are ill-prepared. Now is the time to jump on board this digital train and learn how to apply the many technological concepts to both substantive and procedural law.
|1:00–2:00 p.m.||Keynote Address
|“Looking for Data in All the Wrong Places: The Interdependence of Information Governance, Network Security, and eDiscovery“
Hon. Mitchell D. Dembin
Computer and network security, information governance and eDiscovery are not silos. Weakness in any of those disciplines causes weakness in the others. The modern practitioner must be a hybrid and have a level of proficiency in technology, policy and law. As Yoda would say, “there is no try.”
|2:00-2:15 p.m. Networking Break|
|2:15–3:15 p.m.||Concurrent Sessions|
|Search I – How to Search Well (Enough) *Foundations Track
Tessa Jacob, Don Pierson, Bill Speros
Moderator: Hon. Craig Shaffer
If the goal of e-discovery is to identify, collect, search for and produce relevant, responsive and non-privileged ESI from a larger data universe, then parties and their counsel must make strategic decisions about how to comply with their discovery obligations in a way that is reasonable and proportional under the circumstances of a particular case. This panel will discuss the challenges associated with the search and retrieval of EIS and consider how parties can most effectively approach the search process to achieve a result that is consistent with the Federal Rules of Civil Procedure. This panel of e-discovery experts will provide practical advice on how to evaluate the strengths and weaknesses of different search methods, and then implement those methodologies before and throughout the pretrial process.
|EDiscovery “Tail” Wagging the Information Governance “Dog”
Tom Morrisey, Jennifer Swanton
Moderator: Mike Burg
Many times it seems like the only time IG is a company’s focus is when the costs associated with discovery become large enough to attract attention. This session will examine the benefits that can be had in the discovery process through effective Information Governance. Hear industry experts discuss the types of IG policies that can/should be used, who should be involved in IG, how to implement an IG policy in the face of mountains of data, how to change company culture and bring everyone into compliance with IG policies, how technology can be used to manage the data, and the intersection between IG and eDiscovery – including the impact on IG by the revised FRCP.
|3:15–3:30 p.m.||Networking Break|
|3:30-4:30 p.m.||Concurrent Sessions|
|Search II – Starting Off on the Right Foot with Technology-Assisted Review (“TAR”)
Alex Goth, Maura Grossman
Moderator: Andrea L. D’Ambra Join our panel of knowledgeable and experienced TAR users to get a description of what TAR is and is not, the different types of TAR on the market, potential use cases for TAR, its strengths and limitations, and an overview of process and workflow considerations when using TAR. Our panelists will outline questions you will definitely want to ask your TAR provider, and might want to ask your adversary, and will engage in a lively discussion about how much the latter has to answer!
|Building Your ESI Toolkit / *Foundations Track
Kelly Griffith, Mark Sidoti
Moderator: Robert Singleton
Knowing the rules is only half the battle – counsel must also know how to comply with those rules when directing the nuts and bolts of e-discovery. Incorporating templates, guidelines, and checklists into your organization’s workflow is an effective way to make sure that you (and your colleagues) are consistently approaching e-discovery in a defensible, efficient manner. This panel will identify e-discovery-related tasks that lend themselves to a systematic approach and provide sample resources that you can use to get a jumpstart on building your organization’s ESI toolkit.
|4:30 p.m. Networking Reception Begins|
|5:00-6:00 p.m.||Plenary Session|
|Cybersecurity and Data Incident Response
Dan Christensen, Dan Oseran, Karen Painter Randall, K Royal
Moderator: Leon Silver
Working through a table-top breach exercise, our panel of data security and incident response experts will discuss critical steps and ethical challenges law firms face in the event of data breach.”
Conference Reception continues: 6:00-6:30 p.m.
Day 2 / Thursday, March 9, 2017
|8:00-9:00 a.m.||Continental Breakfast and Check In|
“Fin (Legal) Tech – Law’s Future from Finance’s Past
#FinTech embraces two major themes – characterizing / pricing increasingly exotic forms of risk and removing unnecessary frictions from friction laden financial processes. #Fin(Legal)Tech is the application of those ideas and technologies to a wide range of law related spheres including litigation, transactional work and compliance. In this talk, Professor Katz will explore what he believes will be an important emerging vector in the coming decade – the financialization of the law.
|Paper Presentation: “The eDiscovery Bots are Coming!”
Paper Presentation: “Enterprise Systems Discovery Management”
|10:30-10:45 a.m. Networking Break|
|10:45–11:45 a.m.||Concurrent Sessions|
|The Impact of Technology on the Fourth Amendment and the Right to Digital Privacy
Dominic Lanza, Hon. Xavier Rodriguez
Moderator: Hon. Craig B> Shaffer
With the explosion of electronically stored information and proliferation of digital storage devices, courts and the criminal justice community are confronting new and increasingly complex challenges in attempting to balance privacy interests and society’s interest in effective law enforcement. This panel of jurists and experienced criminal litigators will explore the question of whether or to what extent ESI presents discrete issues that do not fall within established Fourth Amendment principals and will consider what reasonable expectations of privacy attach to computers, cellphones and other electronic devices.
|Mock Hearing: Production Under the New Federal Rules
Lea Bays, Niloy Ray
Moderator: Hon. Shira A. Scheindlin (ret.)
This session will use spirited mock arguments to explore various discovery issues that often arise during the life cycle of an RFP. How specific do grounds for objection really have to be? What should a statement that you are withholding documents look like? Is there a difference between what rules apply to ESI versus documents under Rule 34? How does a proportionality argument work in practice? Come watch what it looks like in court when attorneys clash over how to apply the new rules with The Honorable Shira Scheindlin presiding.
|Reducing E-Discovery Costs with Early Analysis, Proactive Lawyering and Transparency
Bill Kellermann, Anne Kershaw, Tom Morrissey
Moderator: Kelly Griffith
It’s no secret that e-discovery can be costly, and its reputation as a budget-killer makes many clients (and counsel) reluctant to engage in the process. Overcoming this perception is difficult, but it is made easier by coming into the discussion armed with specific strategies that lead to a less costly, more efficient approach. This panel will share tips on how to predict and control e-discovery costs through matter analytics, budgeting, strategic and iterative search, anticipating (and planning for) the aspects of the process that most often lead to unexpected expenses, alternative pricing arrangements, and cooperative dialogue with opposing parties.
|The New Normal – Always Changing? (Developing Technologies)
John Collins, Alex Goth, Mark Michels
Moderator: Joy Woller Discovery professionals today must be prepared to identify, collect, preserve, and search information from new and ever-evolving sources of ESI. The fundamental legal and forensic ESI developments over the past decade should provide practitioners with a framework for providing practical and proactive advice and to address data demands in future litigation and disputes. Using examples such as Office 365, Google’s G-Suite and the “Internet of Things” this panel will discuss the changing landscape of technology today and how that technology is impacting eDiscovery techniques and strategy.
|2:00–2:30 p.m.||Networking Break|
|2:30–3:30 p.m.||Concurrent Sessions|
|What’s More Normal Than A Mobile Device?
Mike Burg, Niloy Ray, Damon Reissman
Moderator: Cecil Lynn The mobile device is the icon of the 21st century – a computer in our pockets, our lives at our fingertips, wirelessly connecting us to the global circuit. But the incorporation of this ‘new normal’ into our professional lives precipitates new decision points and provokes new litigation and technology-usage strategies. From policy to production, smart-phones, tablets, wearables and other mobile devices transform how we create, receive, use, collect and produce data. This session will examine the impact of mobile devices on all aspects of the data life-cycle: the pros and cons of BYOD and COPE policies; practical considerations when implementing these practices; types of useful evidence available on mobile devices; privacy concerns given the inevitable blurring of the private/public/professional/personal boundaries in everyday life. Hear how industry leaders are dealing with this new normal and balancing the needs of the business with the mandates of the law.
|Who Wants to be a Multi-National Corporation?
Andrea L. D’Ambra, Dan Oseran, K Royal
Moderator: Joy Allen Woller International businesses today must navigate a web of laws and regulations governing data privacy and collection of ESI. In a lively, interactive format, this panel will examine some of those challenges such as how to set a foundational baseline for your global privacy program, which countries are should be subject to individual scrutiny, key global privacy risk triggers, and strategies and best practices for addressing them.
|Tweets, Posts and Pins: Discovery in the Age of the Social Media Explosion
Lea Bays, Tessa Jacob, Julie Lewis
Moderator: Mark Sidoti
The continued explosion of social media sites and their usage by company employees is here to stay. But challenges abound. Who owns the data when social media text and images are uploaded through a workplace mobile device? What expectation of privacy does an employee have regarding social media posts? Is your organization missing relevant communications in its discovery efforts by not evaluating social media platforms utilized in the ordinary course of business? And what are the practical and ethical implications for counsel in preserving, collecting, reviewing and using social media data in investigations and litigation? This panel offers insights on these issues and more from expert defendant and plaintiff-oriented attorneys and a leading provider of e-discovery and forensic services.
|3:30-3:45 p.m. Networking Break|
|3:45-4:45 p.m.||Plenary Session|
|What Exactly Is The “New Normal”?
Hon. Xavier Rodriguez, Brad Harris, Tom Morrissey
Moderator: Maura Grossman
Join this panel of experts from a wide range of perspectives—client, service provider, outside counsel, government regulator, and judge—as they discuss what they see (or expect to see) as the “new normal” in a post-terabyte, post-TAR, post-cloud, post-BYOD, post-vendor consolidation, post-Ashley Madison, and post-Schrems world. This panel will explore developments and trends in eDiscovery technology, process, policy, and law.
|5:00–6:30 p.m.||Conference Reception (Offices of Squire Patton Boggs)|
Day 3 / Friday, March 10, 2017
|8:00-9:00 a.m.||Continental Breakfast and Check In|
|9:00–10:00 a.m.||Plenary Session|
|Keynote Judicial Panel: What’s Normal When You Are Sitting On The Bench
Hon. Xavier Rodriguez, Hon. Craig Shaffer, Hon. Peter Swann, Hon. Samuel Thumma
Moderator: Hon. Shira A. Scheindlin (ret.)
Noted jurists will examine what “Normal” may be in practice today. Hear how rule changes being implemented and proposed around the country may impact what “Normal” is and what recent case law says about “Normal” with respect to Proportionality, Curative Measures, Rule 34’s specificity requirements, and Rule 1. Time permitting, come prepared with questions and war stories that have impacted your “Normal” practice. Time permitting, come prepared with questions and war stories that have impacted your “Normal” practice.
|10:00–11:00 a.m.||Plenary Session|
|Are Robots About to Eat Lawyers for Lunch? – Separating Fact from Fiction (Report from 2016 Data Analytics Workshop)
Maura Grossman, Daniel Katz, Bil Kellermann
Moderator: Michael Arkfeld
As data continues to proliferate, new service and software providers are touting analytics and machine-learning applications to manage and analyze this growing wealth of data. What are the latest state-of-the-art tools? Hear from world-class panelists who participated in the recent ASU – Arkfeld Legal Analytics and Big Data workshop held in December, 2016, who will discuss these technologies. For example, are you aware of analytic software to predict the outcome of a cases before your judge? Do you know which specific clauses and other content is potentially risky in your client’s contracts? How are bond and other decisions being made regarding criminal defendants? What tools are available to assist you in your jury selection process? What are the ethical issues implicated by all of these analytics? Which tools are most likely to replace lawyers, and which legal skills do not lend themselves to artificial intelligence? These questions and more will be addressed by this esteemed panel.
|11:00–11:15 a.m.||Networking Break|
|11:15 a.m.–12:15 p.m.||Plenary Session|
Michael Arkfeld, Robert Singleton, Joy Woller
An ASU-Arkfeld tradition and always a crowd favorite.
|12:15–12:30 p.m.||Closing Remarks|
*Please note: this schedule is subject to change.