8:00AM - 9:00AM Registration & Breakfast

9:00AM - 5:00PM Program, including luncheon

1. Ethics and the Real World: Lessons Learned from Qualcomm and Other Disasters
   Often times responsive documents are those created and stored daily by a company’s employees in the regular course of business, such as emails, spreadsheets and word documents. Unfortunately, inadvertent (or willful) spoliation and/or failure to produce responsive electronic evidence can lead to dramatic sanctions and penalties. Although the new federal rules would have given visibility to what information needed to be preserved and produced, as well as the format, these pre-rules cases exemplify the need for being proactive. The first step to litigation readiness is that companies, and the legal teams that advise them, need to know what data exists and where to find it. Using these cases, and others like it, our experts will evaluate what could have been different had the parties involved been litigation ready. They’ll help create a checklist of where data lies and how to retrieve it and advise on when, how often and why it is important to monitor and re-assess the processes set in place to avoid becoming the next real world example.

Moderator: Charles R. Morgan
Panelists: Thomas Y. Allman, Alexandra G. Buck, Jason B. Fliegel

2. Information Management and Retention: Best Practices for Establishing and Enforcing Policies and Retention Schedules
   Successful litigation readiness starts with records retention and having a policy for electronically stored information (“ESI”) is crucial. While the particulars will vary from company to company and industry to industry, the ramifications for failing to have one are uniform. Our experts will discuss the ingredients for establishing effective records management policies and related retention schedules for all media types. They will answer your questions and give practical advice and guidance on roll out issues, ESI inventories and developing formal records management training. You will also leave this session armed with tips and suggestions for auditing and compliance monitoring, incentives, punishments and change management once the policy is in place.

Moderator: Anthony Reid
Panelists: Thomas Y. Allman, Brent E. Kidwell, Browning E. Marean, III

3. Know When to Hold ‘Em: Triggering the Legal Hold
   Do you know when the duty to preserve arises? A significant challenge for practitioners is knowing when a legal hold should be issued. Unfortunately, case law does not provide a bright line test as to when litigation is deemed “reasonably anticipated.” Our panel will evaluate the duty to preserve and discuss the various triggers to be considered in determining when to issue – and the scope of – a legal hold.

Moderator: Scott A. Carlson
Panelists: Jason B. Fliegel, Pauline Levy, Marie Lona, Sarah Padgitt

4. Know How to Hold ‘Em: Managing the Legal Hold
   The Zubulake and Morgan Stanley cases left behind important lessons for in house and outside counsel regarding ESI and records management. Once the determination has been made to execute a legal hold, what is the best way to put a litigation hold in place, make it known to all relevant employees directly – and ensure its continued implementation? What happens when the staggering volumes of material that need to be preserved are in different locations, formats and platforms? Look to the experts for practical tips and techniques for designing, implementing and maintaining effective litigation holds, as well as assessing available tools.

Moderator: Scott A. Carlson
Panelists: Alexandra G. Buck, Timothy J. Carroll, Pauline Levy

5. Content Search, Collection, Processing, Review and Production
   The exponential growth of ESI and e-discovery projects has made it more difficult to find the data that makes – or breaks – your case. Knowing how to identify the data – and handle it once it’s been identified – is crucial to successful litigation preparedness. Our panel of experts will examine methods for identifying and collecting data as well as developing collection protocols and systems, chain of custody and processing standards. You’ll also benefit from their advice drawn from their own experience on document review and production, including setting expectations for outside counsel and clients alike.

Moderator: Browning E. Marean, III
Panelists: Brent E. Kidwell, Tom O’Connor, Kathleen Skapik

6. Assembling Your Team and Assessing the Technology That Can Help You
   Who is – or should be – on the litigation readiness team? To be successful, there must be regular collaboration between client, outside counsel, the IT folks and the chosen vendors. You’ll hear insights from our gurus on best practices and strategies for putting together a winning team; and assessing the emerging technologies that can be a godsend both in locating where data exists, and evaluating it in advance of litigation. Having the right people, the right procedures in place, and the right tools in its arsenal will serve companies well should they find themselves a target for litigation.

Moderator: Brent E. Kidwell
Panelists: Pamela Downs, Marie Lona, Charles R. Morgan