Day One
9:00a.m. – 5:15p.m., including luncheon

1. It Really IS “All About You”
By gauging the levels of expertise and professional focus in attendance, we’ll set the right goals for the workshop and seek to focus on your most pressing e-discovery challenges.

2. Why Digital Is Different
A fast-paced ‘lay of the land’ looking at how new rules and rapidly changing technologies intersect to impose duties and expose opportunities. What is the path to production? Where are the pitfalls? Does metadata matter? What are the pros and cons of different forms of production? What are the lessons of Qualcomm v. Broadcom?

3. Drawing the Drama from the Disk
When must you turn to computer forensics? What is the process? What makes your preservation “forensically qualified?” Why doesn’t “deleted” mean gone? When do you need an expert, and what’s the cost? What should you seek and expect to get back?

4. First Steps on the Path to Production
What are your planning and preservation priorities? How do you identify the sources of electronically stored information? What is a defensible preservation strategy? Who gets the preservation letter and the litigation hold notice, and what must they be told? What can you do now to cut costs?

5. E-Discovery Project Management and the Digital Evidence Wellness and Triage Teams
Making e-discovery work calls for unprecedented cooperation between counsel, client, IT, records management, business units and litigation support. This session looks at both the pre-litigation phase e-discovery team, which inoculates, plans and prepares a company for litigation, and the litigation triage team. Both require clear communication, efficient workflow, quality control and cost-effectiveness.

6. “What’s This Going to Cost?”
Woeful records management and poor planning go hand-in-hand with outsize e-discovery expenses. Keeping a rein on costs demands smart choices every step of the way. This session covers cost control — from practical records management and savvy format choices, to neutral experts, vendor selection and cost-sharing.

7. Meet and Confer
An exercise to flag the preparation and participation required for an effective e-discovery conference with the other side. How do you manage the abusive opponent or the one who doesn’t understand ESI? What do the rules require? Who participates, and what are their roles? What’s your follow up?

Day Two 9:00a.m. – 12:30p.m.

8. EDD Resources and Solution Survey
There’s a wealth of helpful information in print and online. Learn where to find the answers you need. Plus, how do we navigate the many seductive “solutions” being offered? What tools work and which aren’t ready for prime time?

9. Bringing in the Bytes
How do you choose the data to collect and restore? When must you go beyond the active data on the server to back up media, local hard drives, mobile systems and home systems? What collection methods preserve essential metadata? What’s an effective sampling strategy? How do you approach databases, cell phones, instant messaging, voice mail and legacy data?

10. Data Filtering, Processing, Review and Production: How it Works and Why You Need It
You can’t look at everything, so effective EDD demands smart filtering. Here, we explore the technical details of data filtering (how it works and how it saves time and money), as well as how to sift through millions of pages, to find the responsive material and cull for privilege. What are the alternatives, and which tools and strategies do we like? How do you produce data to the other side in forms that won’t get you in hot water yet permit you to keep track of everything?

11. What’s Keeping Us Up at Night?
A hot topics review that will cover discovery on e-discovery, the thorny issue of data downgrades and the relationship between accessibility under Rule 26 and “reasonably usable form” under Rule 34, email strings and privilege logs, proposed FRE 502 and protection of privileged documents, among hot e-discovery topics to wrap up the day.