West Legalworks

2. Status Update- Electronic Discovery in 2009 and beyond- what does the future bring?

This panel will discuss what is currently not being handled when it comes to electronic discovery and how will this change in the near future. Some of the items for
discussion are:
-Structured Data
-Web based issues
-Non-textual files, i.e. YouTube
-Audio files

10:15am – 11:15am

3. Information and Knowledge Management:
Getting Your Electronic House in Order Befor
Litigation Strikes

Today’s businesses include millions of bites and bytes of data being processed by electronic methods. But having the data is not the biggest piece of the puzzle- how to map, store and find the data are the keys. By keeping the information and knowledge in an organized fashion will decrease the frustration and the costs if litigation should strike. This panel will discuss:

-Archiving email, VOIP, text messaging, IM
-ProActive data mapping-tools and strategies including e.g. CMDB
-Evaluating technology to assist in getting organized

11:15am – 11:45am

COFFEE BREAK

11:45am – 12:45pm

4. Lifecycle Management: Creation to Disposition

This topic is highly disputed and contested both in and out of the courtroom. What should have been saved vs. what actually was saved vs. what actually currently exists? This panel will speak on what kinds of data or information should be kept and for what duration? Detailed examples of some policies and procedures currently available will be discussed along with the pros and cons of each.

12:45pm – 2:00pm

LUNCHEON WITH JUDGE’S PANEL

2:00pm – 3:00pm

5. Beyond Faith Based Electronic Discovery

This is section is not for the faint hearted. Many people will relate to jumping right into their electronic discovery process and found out it was a bad plan- or perhaps a good plan but not really worked out in detail. These experienced panelists will analyze the best plan:

How do you know what you want to do will work? Have you tested it? Have you examined your assumptions? Put pilots in place and see if it works. i.e. key words searching; Victor Stanley case

3:00pm – 3:15pm

COFFEE BREAK

3:15pm – 4:15pm

6. Ethical Issues

-Disclosure- conflicts check, is the 3rd party an agent?
-Subcontractors issue
-What type of person can you appropriately use for review? Does it have to be a lawyer? Does it have be done someone in the U.S. or does it need to be done by someone admitted in that district?
-Legal Duty vs. Privileged Communication- what is privileged and what is work product- pros & cons.

4:15pm – 5:15pm

7. Process Management From Legal Hold On

-Chain of Custody for Civil Cases Best Practices
- where did the information come from and who had it and what did they do with it
-admissibility of ESI

5:15pm – 6:30pm

NETWORKING RECEPTION

DAY TWO:

9:00am – 10:00am

8. Search & Analysis: What does the data really say

-factual investigation
-forensic strategies, deleted files, fragmented hard drives, (bad actors)
-high value/high cost proposition to figure out what the
story is.
-Concept and clustering engines, social networking, email threading, de-duplication and near de-duplication are all tools of analyzing the data.

10:00am – 11:00am

9. Presentation: Identifying and working with Experts

11:00am – 11:30am

COFFEE BREAK

11:30am – 12:15pm

9. The Pitfalls of Handoff

-How do you get data from one stage of the process to the next-
-one software program to the next
-one organization to the next
-one person to the next

12:15am – 1:15pm

1:30-4:30PM

2:30-3:30 PM

3:30-4:30 PM

10. Review and Processing: Do you know what they did with your data? Do you know if you got what you were supposed to get?

Multiple Language documents
-How to handle one piece of information that has several languages. How to handle foreign language materials?
- Do you even know that certain materials cannot
be handled

OPTIONAL WORKSHOP FOR ELECTRONIC DISCOVERY AND THE GOVERNMENT EMPLOYEES (including lunch)

Production
- How to get government attorneys and private sector attorneys to speak the same language and understand what should be requested.
- Negotiating Forms of production and Methods of delivery

Preservation and Collection
-negotiation session between government and private practice on what is really needed and not the whole barrel.