Early Case Assessment: Information Management and Identification

The parties are required to discuss any issues arising regarding searches for, and preservation of, electronic documents and to cooperate as to the formats in which they are to be produced. In the case of difficulty or disagreement, the matter is to be referred to the Court for directions at the earliest practical date and if possible at the first Case Management Conference.

The parties should by then have agreed a draft structured List of Issues to be judicially settled at the CMC to be kept updated by the parties with judicial approval and be used to regulate disclosure and other case management matters. New developments include a proposed technology questionnaire and a standard draft order for directions which explicitly refers to the obligation to discuss electronic sources.

This session will help practitioners and clients determine how to identify, locate and manage the information required. The panelists will also discuss how to streamline the information process to keep the costs down and so that both the parties and the court benefit from more efficient case handling.

Preservation, Collection, Production

Whilst neither the failure to preserve documents nor the manner of collection generally attracts pre-trial sanctions as is common in the US, they may be the subject of adverse inferences at trial – quite apart from the obvious need to know what may help or hinder the case. Lawyers and their clients need to understand what data exists, where it is located, what bearing it might have on the issues and what the likely costs are of collecting it and what will be involved in culling and filtering it.

Our panel of experts will discuss how to navigate through this complex maze of what to preserve, what to collect and how to produce the documents, while still allowing the business to operate normally and cost-effectively.

11:15 - 11:35

BREAK

What value can your Litigation Support Manager add?
The role of the litigation support manager is essential to any case.
This panel of knowledgeable professionals will discuss:

• Changing trends in the U.K. and the U.S. and its affect on the role of the litigation support manager.
• What should be brought in-house and what should be outsourced?
• Who is responsible for project management when outsourcing occurs?
• Whether or not the parties can afford not to cooperate on eDisclosure issues?
  

LUNCH and Judge’s Panel

This is an opportunity to hear Judges talk about the current process for eDisclosure, what changes are coming, and their vision of what makes the “perfect” case from the perspective of clients, lawyers and judges.

INFORMATION READINESS
Management of electronic information applies equally to litigation, regulatory, and investigatory situations. Having information organised, formatted and easily accessible will help everyone involved to respond in a limited time frame.

This panel will discuss the positive consequences of being prepared, from having the privilege arguments ready, to knowing the ins and outs of the rules which directly affect disclosure. The discussion will also include the management of the process to ensure accountability for the various parts of the puzzle, from the IT departments to the Finance Director.

EVALUATING, CONTROLLING AND FORECASTING eDISCLOSURE COSTS

One of the biggest issues surrounding eDisclosure is cost. How much will producing the information really cost? How will it affect the case and its value? UK judges have a duty to control costs and some judges are known for their rigorous control of what parities spend.

This panel will discuss what the costs really are and how to complete an accurate estimate. A budget tool will be provided which takes into account the court’s management of the stages. Much of the mystery surrounding costs will be dispelled and you will come away with ideas to save your client money whilst running a profitable practice.

15:45 - 16:05

REFRESHMENT BREAK

THE FUTURE OF eDISCLOSURE

This session will discuss a range of issues that are coming to light for eDisclosure.

• The Commercial Court case management check-list will be reviewed.
• ADR - what is really going on with arbitration and mediation in the international arena; how is eDisclosure affecting the cases and their outcome? What is going to happen in a year? Five years?
• How are lawyers educating their clients to understand the importance of the total process of document management? Are lawyers becoming more involved in business and technology due to the rules - will a hybrid lawyer emerge?