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LEGALTECH® NEW YORK 2008 - February 5 - 7, 2008

February 7

Tracks
Electronic Discovery

Trianon Ballroom

Sponsored by:
Strategic Records Management: Risk Mitigation And Compliance

Regent Parlor

Sponsored by:
E-Mail Retention Policies: All Hat And No Cattle

Sutton Parlor South

Sponsored by:
Offshore Legal Outsourcing

Sutton Parlor North

Sponsored by:
Litigation Lifecycle Cost and Risk Management

Rendezvous Trianon

Sponsored by:
Emerging Technologies

Sutton Parlor Center

SuperSessions

Nassau A/B

9:00 - 10:00
Keynote Presentation

Overcoming The Human Factor: Technology Solutions For The Records Management And E-Discovery Dilemma

West Ballroom

Sponsored by:

MODERATOR SPEAKERS
Patrick Zeller
Vice President and Deputy General Counsel
Pallab Chakraborty
Senior Manger
IT Litigation Support
Cisco Systems
Andrew Drake, Esq.
Senior Counsel, Discovery Management
Office of the Chief Legal Officer, Nationwide
Thomas A. Lidbury
Partner
Mayer Brown LLP
10:00 a.m.
-
3:00 p.m.
Nassau B

SS1


10:15 a.m. - 11:30 a.m.
International EDiscovery Rules and Standards

11:45 a.m. - 12:45 p.m.
Foreign Language Documents – problems and solutions

1:30 p.m. - 3:00 p.m.
ALSP: Preparing for the Meet and Confer: The Role of the Litigation Support Professional

Moderator:
George Socha
Socha Consulting LLC

Browning Marean
DLA Piper

Laura Kibbe
Pfizer

Vince Neicho
Allen & Overy LLP

Michelle Mahoney
Mallesons Stephen Jaques

10:00 - 10:30 Exhibit Hall Break
10:30 - 12:00
ED1: Turbo Charged Review: Can You Afford NOT To Use Discovery Automation?

Moderator:
DEBORAH BARON
Director of Product Marketing
eDiscovery
ZANTAZ, an Autonomy Company
San Francisco, California

Speakers:
ROSS GOTLER, ESQ.
eDiscovery and Practice Support
Paul,Weiss, Rifkind,Wharton & Garrison LLP
New York, New York

BROWNING E. MAREAN
Partner
DLA Piper US LLP
San Diego, California

JOHN ROSENTHAL
Partner
Howrey LLC
Washington DC

SRM1: Records Management: A Strategic Approach

Moderator
DAVID WETMORE
Executive Director
Fraud Investigation & Dispute Services
Ernst & Young

Speakers:

MARK LAGODINSKI
Senior Manager
Fraud Investigation & Dispute Services
Ernst & Young
Chicago, Illinois

ROB LARSEN
Senior Manager
Global Records Management
Dell
Austin, Texas

DAVID W. SMYTHE
Director
Corporate Real Estate and Services Records & Information Management
Credit Suisse Securities (USA) LLC

ERP1: Expire, Retain, Or Preserve? Striking A Balance Between Retention Policies And Legal Hold

Moderator:
TED BARASSI, ESQ.
Group Product Manager
Symantec
Washington, DC

Speakers:
BRIAN BABINEAU
Senior Analyst
Enterprise Strategy Group
Boston, Massachusetts

MATTHEW FRUECHTE
Corporate Records Manager
Charter Communications

MIKKI TOMLINSON
Litigation Support Manager
Chesapeake Energy

MARK DIAMOND
CEO
Contoural
Mountainview, California

OLO1: A Practical Approach To Offshore Legal Outsourcing

Moderator:
KUNOOR CHOPRA, ESQ.
Chief Executive Officer
LawScribe, Inc.
Glendale, California

Speakers:
CHRIS BULL
Chief Operating Officer
Osborne Clarke
London, UK

S. ELIZABETH FOSTER
Partner
Business and International Services Groups
Luce, Forward, Hamilton & Scripps LLP
San Diego, California

JOE THORPE
President and CEO
IQWEST
Tustin, California

LLC1: Proactive Approaches To Litigation Before The Cases Hit

Moderator:
JIM COULSON
Managing Director
Huron Consulting Group
Boston, Massachusetts

Speakers:
JACK HUPPER
Chief Information Officer
Law Department
City of New York
New York, New York

CHRISTIAN LIIPFERT
Programme Director
Global Information & Records
British Petroleum
Houston, Texas

DEBORAH EDWARDS
Associate General Counsel
Piedmont Natural Gas
Charlotte, North Carolina

10:30 a.m. - 11:15 a.m.
ETC1: E-Mail Workflow to Optimize Your Review

11:45 a.m. - 12:30 p.m.
ETC2: Legal Hold and ESI: The Dollars and Sense of Automation
12:00 - 1:30 Exhibit Hall Break
1:30 - 3:00
ED2: Enterprise Case Study: Choosing And Deploying An eDiscovery Platform

Moderator:
JEFF CORNELIUS
District Manager
ZANTAZ, an Autonomy Company
Dallas, Texas

Speaker:
RON WILLS
Senior Corporate Counsel
McAfee, Inc.
Plano, Texas

SRM2: Records Management Compliance and Fraud Risk Management: Continuous Controls

Moderator:
VINCE WALDEN
Senior Manager
Fraud Investigation & Dispute Services
Ernst & Young
Dallas, Texas

Speakers:
LENORE GREENBURG
Executive Director
Fraud Investigation & Dispute Services
Ernst & Young
New York, New York

DIDIER LAVION
Principal
Fraud Investigation & Dispute Services
Ernst & Young
Dallas, Texas

WOODS ABBOTT
Senior Manager of Legal Operations
Raytheon

SETH GRIMES
CEO
Alta Plana Corporation

ERP2: Beyond Retention, Search And Preservation: Chain Of Custody For Electronically Stored Information

Moderator:
TED BARASSI, ESQ.
Group Product Manager
Symantec
Washington, D.C.

Speakers:
BRIAN BABINEAU
Senior Analyst
Enterprise Strategy Group
Boston, Massachusetts

MATTHEW FRUECHTE
Corporate Records Manager
Charter Communications

MIKKI TOMLINSON
Litigation Support Manager
Chesapeake Energy

OLO2: Offshore Legal Outsourcing: 2007 And Beyond

Moderator:
MARK ROSS
Director of Business Development
LawScribe, Inc.
Glendale, California

Speakers:
CHRIS BULL
Chief Operating Officer
Osborne Clarke
London, UK

YATISH SRIVASTAV
Vice President and Head of Global Business Process Outsourcing (BPO)
RMS, a Citigroup company
New York, New York

LLC2: Litigation Lifecycle Cost Management

Moderator:
JIM MITCHELL
Managing Director
Huron Consulting Group
Chicago, Illinois

Speakers:
RON DENTON
Manager
Legal Business Services
ConocoPhillips
Houston, Texas

HEIDI RUDOLPH
Vice President, Legal Operations and Administration
Sara Lee Legal Department
Downers Grove, Illinois.

1:30 p.m. - 2:15 p.m.
ETC3: Storage, Archiving, and Authentication
3:00 Conference Adjourns/Exhibits Close

Overcoming The Human Factor: Technology Solutions For The Records Management And E-Discovery Dilemma [Top]

MODERATOR SPEAKERS


Patrick Zeller
Assistant General Counsel
Pallab Chakraborty
Senior Manger
IT Litigation Support
Cisco Systems

Thomas A. Lidbury
Partner
Mayer Brown LLP

Andrew Drake, Esq.
Senior Counsel, Discovery Management
Office of the Chief Legal Officer, Nationwide

Corporate and outside counsel face unprecedented challenges from both records management initiatives and eDiscovery. With extensive case law concerning the amendments to the Federal Rules of Civil Procedure and a renewed emphasis on records management initiatives, counsel has never faced more compliance challenges. How can you ensure that your employees are complying with the records management policies? How can you be sure that employees are cooperating with legal holds or collecting relevant evidence? Most importantly, acquiring the necessary legal technology — from records management to electronic data discovery — is sometimes just as difficult and just as important. This keynote will present a panel of industry experts and both corporate and outside counsel. They will focus on how to avoid the pitfalls associated with "the human factor" while offering best practices technology for both records management and eDiscovery. They will look to the Federal Rules of Civil Procedure and recent case law to discuss effective records management and eDiscovery processes and discuss the nuts and bolts of avoiding costly mistakes related to non-compliance and employee self collection.

Electronic Discovery [Top]

The right eDiscovery platform is as much a strategic tool in defending or prosecuting your case as it is a means of keeping costs under control. Thought leaders within organizations are leveraging an integrated platform approach to information management and eDiscovery to produce meaningful results. Utilizing innovative technology and methods, they are able to rapidly assess the merits of a matter and associated risk to determine legal strategy.

In step with innovation and new methods are concerns regarding defensibility and validity. Cost and control over new search and retrieval techniques also cause hesitation. Questions arise over fit to the FRCP and the Electronic Discovery Reference Model (EDRM). Attend this track to learn through case studies how in-house counsel and seasoned legal discovery professionals are achieving breakthrough results and overcoming natural resistance to change.

ED1: Turbo Charged Review: Can You Afford NOT To Use Discovery Automation?

Discovery and review teams across global enterprises and law firms are drowning under a crippling volume of ESI found in disparate formats and locations. How has the ecosystem of technology for meaning based computing, from keyword AND conceptual search of data in diverse formats to legal hold policy management, automated categorization and analytics evolved to help reduce the burden of eDiscovery?

Attend this panel session to hear from seasoned experts on the state of the art in discovery automation and common concerns regarding defensibility, cost and control over maturing search and retrieval methodologies. Find out what it takes to set the bar high and overcome objections to adoption.

ED2: Enterprise Case Study: Choosing And Deploying An eDiscovery Platform

Can you quickly assess the merits of a case? The volume of electronically stored information (ESI) potentially responsive to legal matters has raised urgency among attorneys to directly access that data and quickly determine risk exposure to the organization. The consequences of delayed access to data due to manual collection and outsourced processing are too high to ignore.

Attend this session to learn how McAfee, Inc.'s legal department partnered with IT to rapidly implement an early case assessment technology platform that enables attorneys to quickly investigate data of key custodians and gain remarkable savings over historical costs.

When faced with a legal matter it is vitally important to comply with the FRCP and reduce enterprise risk. This session is for you or your clients if you want to:

Strategic Records Management: Risk Mitigation And Compliance [Top]

This track will focus on how an organization can incorporate a records management program into the overall business strategy. Focus will be on how to identify and reduce risks related to electronic records; how to strengthen records compliance efforts; and detect and deter fraud using technology.

SRM1: Records Management: A Strategic Approach

To deliver greater value to an organization, records management programs must shift from a tactical operation to a strategic function. Proactively reducing an organization's risk is one way for a records management program to be strategic.

This session will address how to align a records management program with an organization's strategic business objectives while also helping to mitigate risks associated with records that pose the greatest threat to the organization.

SRM2: Records Management Compliance and Fraud Risk Management: Continuous Controls

Organizations are increasingly focused on fraud detection and prevention as well employee awareness of monitoring and compliance programs. This session will introduce steps that management and auditors can take to broaden compliance efforts to include records compliance as a tool to detect or deter fraud and other compliance-related concerns.

Panelists will discuss ways to reduce an organization's vulnerability to fraud and compliance-related issues using continuous anti-fraud monitoring tools and advanced text data mining technologies.

E-Mail Retention Policies: All Hat And No Cattle [Top]

Most organizations have developed e-mail retention policies but few can effectively or efficiently enforce them. Underground archiving, PST files, technology limitations and legal holds all factor into the ability to execute policy. This track will discuss why manual processes fail and why mechanisms for retention, disposition and legal hold are minimum requirements for organizations today. In addition this panel of experts will discuss how an ability to automate evidence transfer improves IT efficiency and chain of custody.

ERP1: Expire, Retain, Or Preserve? Striking A Balance Between Retention Policies And Legal Hold

On one hand my policy directs the disposition of records. On the other I am required to preserve certain records. How do these policies co-exist from an IT and legal perspective? Can they even be enforced when users have access to PST's? Join this panel to investigate the dichotomy that exists between policies that direct the retention and disposition of records and regulations that require the preservation of records. The panel will also discuss different methods for legal hold including backup tapes, archiving and forensics. In addition, the panel will discuss the challenges organizations without a policy and a process face when it comes to preservation requests and safe harbor. Finally, gain visibility into the implications of legal hold on IT systems designed to automate data disposition.

ERP2: Beyond Retention, Search And Preservation: Chain Of Custody For Electronically Stored Information

Corporate counsels have always depended upon IT when responding to requests for electronically stored information. These requests usually come down to IT with little understanding of the complexities and imprecise nature of data, evidence handling and collection within the corporate enterprise. Counsel saw IT as technical magicians that just made a custodian's email and files appear on a CD. Now inside and outside counsel are being held accountable for the effort and diligence of the retrieval and preservation. Simply finding and exporting the data is not enough, issues such as chain of custody, process attacks and evidence handling are coming in to play. Join our panel as we discuss chain of custody from an IT and Legal perspective. Learn about new methods for the automated transfer of evidence from the archive to analytics, case management and review tools.

Offshore Legal Outsourcing [Top]

The track is aimed at in-house counsel, law firm executives, general counsel, chief operating officers of corporate legal departments, support staff and office administrators. The sessions will provide insight into the reality of outsourcing legal work and support services offshore, as well as considering the future of both the legal outsourcing industry and its impact on the U.S. legal profession.

Offshore legal outsourcing, a strategy increasingly employed by law firms and corporations to reduce their operating costs is the hot topic in today's global legal marketplace. Modern law firms, corporations, and legal organizations are looking to outsource not only traditional back office support but a variety of core legal services including legal research, document review, intellectual property solutions, and due diligence.

This track will explore how legal departments set up and manage outsourcing relationships. There will be case studies from panel experts detailing their experiences in developing successful legal outsourcing processes. The sessions will attempt to strip away the rhetoric and examine the reality of the current offshore legal outsourcing market, who is involved and how much and what type of legal work is currently being performed offshore. Leading experts from the venture capital, business process outsourcing, and legal profession will address in detail where the market is heading over the next 5-10 years.

OLO1: A Practical Approach To Offshore Legal Outsourcing

In order to succeed in today's marketplace legal departments need to understand offshore outsourcing and why it should seriously be considered as a viable option. The panel will address common questions and misconceptions related to offshore outsourcing, including the origins of outsourcing, the different legal services that are being outsourced, the actual benefits and drawbacks associated with outsourcing legal work, how to enter into an outsourcing relationship, and the ethical issues associated with offshoring legal work. Panel discussions will include case studies on offshore legal outsourcing relationships, and a description of the steps necessary in locating a suitable outsourcing partner, negotiating the contract with the partner, and subsequently managing the outsourced relationship.

OLO2: Offshore Legal Outsourcing: 2007 And Beyond

Panelists including leading figures from the legal outsourcing industry, the legal profession, and the business process outsourcing and venture capital world will provide delegates with a comprehensive overview of the current legal outsourcing sector. This will include a discussion on attempts from within the industry to self-regulate and develop internal accreditation and quality standards. The panel will consider the impact on the legal outsourcing industry of the potential liberalization and opening up of the Indian legal market to foreign law firms. The panel will also provide their predictions and analysis of where the offshore legal marketplace is heading, the impact on the market from the inevitable entry of venture capital funding, and the wider business process outsourcing community. Finally, consideration will be given to the effect that the anticipated explosion in offshore legal outsourcing will have on the U.S. legal profession.

Offshore Legal Outsourcing [Top]

As cost and risk are two of the biggest threats to successful cost and risk management, this panel will discuss how to attack the problems head on, introducing proactive approaches to litigation issues and how to assign and implement metrics to precisely account cost, value and savings.

Discussion topics will include:

  • Proactive ways to address litigation issues upstream and how an information & records management program can impact the discovery process.
  • The importance of analyzing costs of litigation from a holistic perspective, from early records retention issues through matter resolution.
  • Ways to identify and maximize opportunities for cost savings throughout the litigation lifecycle focusing on process, technology and staffing offerings available for in-house implementation or via external providers.
  • Methods to assign and implement quantifiable metrics to measure costs and monitor value and savings year over year

LLC1: Proactive Approaches To Litigation Before The Cases Hit

Amendments to the Federal Rules of Civil Procedure have had far reaching impact on an organization's ability to respond to discovery requests and the need to take proactive measures to ensure the proper management and disposition of information and records. This requires companies to assess their record keeping practices and to develop an information & records management framework that ensures proper governance and technology required for life cycle management of information in all formats are in place and is implemented and maintained by employees within business processes.

This panel will discuss proactive ways to address litigation issues upstream and how an information & records management program can impact the discovery process.

LLC2: Litigation Lifecycle Cost Management

How much does litigation cost your organization annually? Tens or hundreds of thousands? Millions? Is it unknown?

This panel of leading Fortune 500 companies will discuss real-world challenges and experience-based approaches to managing the ever increasing costs of litigation. First-person perspectives and lessons learned will be shared to assist those contemplating undertaking similar initiatives and those already underway.

Discussion topics will include:

Emerging Technologies: Open to all! [Top]

With the proliferation of technology available, it can be hard to distinguish the defining differential of one product over another. This track, OPEN TO ALL ATTENDEES (unless otherwise noted) is purposefully designed to showcase the leading products offered to the legal community today. Based on industry buzz and frequently asked questions, we've invited some of the leading companies to clearly demonstrate how their products and services impact the ways lawyers do business. Each session is a product showcase, dedicated to a limited number of products and services. You won't want to miss these firsthand presentations to help you choose what is best for your firm.

iCONECT presents
ETC1: E-Mail Workflow to Optimize Your Review

90% EDD – 90% E-Mail! These stats are directing iCONECT's development group to lead the way in bringing smart tools and features specifically designed for "E-Mail Review". See how iCONECT products simplify EDD review workflow with features that include enhanced security layers, document allocation, international language support, and new review tools that continue to enhance this award-winning world class technology.

exterro presents
ETC2: Legal Hold and ESI: The Dollars and Sense of Automation

How are corporate legal departments estimating the costs associated with legal hold and electronic discovery? How are corporate legal departments creating litigation budgets and meeting deadlines associated with complex discovery processes?

Panel Members
Jay Brudz
Senior Counsel - Legal Technology
General Electric Company
Ron Best
Director of Legal IS at Munger
Tolles & Olson, LLP
Chad Papenfuss
Litigation Support Administrator
Fredrikson & Byron, PA
Erika Boggs
Client Success Manager
Exterro

will give a lively and highly-informative presentation addressing methods for cost estimating and scheduling throughout the legal hold and electronic discovery process. Through a combination of stories from the trenches and examples of planning methods, our panel members will show how automation and integration of e-discovery processes through the use of Exterro's Fusion empowers legal teams take control of cost estimation and scheduling, from planning for and issuing the legal hold notice through production of documents and ESI.

Casdex presents
ETC3: Storage, Archiving, and Authentication

Enterprise capability in an all-in-one ASP solution designed and priced for the small firm. Raffled off will be a trip to Hawaii and tickets to major sporting events. Learn how digital archiving can meet compliance needs, discovery needs and disaster recovery needs of small and solo firms. Meet our experts and get your questions answered about proper storage planning and how our archive can help you authenticate documents under the new FRCP amendments.

Presenters:
David Barley - CTO , 12 years of experience overseeing several petabytes of data for multinational corporations

Arthur Angel - Solo Practitioner in Los Angeles - http://www.arthurangellawfirm.com/
Reported Cases: Silkwood v. Kerr McGee Corp. (US, 10th Cir.)

SuperSession: Open to all! [Top]

Trilantic presents
Thursday, February 7 | 10:00 am – 3:00 am, Nassau B

Session 1: 10:15 am – 11:30 am: International EDiscovery Rules and Standards
An international panel of litigation support experts will lead an interactive discussion on the standards that are emerging as eDiscovery tools replace traditional methods in international litigation, arbitration and compliance matters.

Session 2: 11:45 am – 12:45 pm: Foreign Language Documents – problems and solutions
An interactive discussion on the challenges involved when presented with foreign language documentation, the available solutions and the advantages and disadvantages of the various options.

Session 3: 1:00 pm - 3:00 pm: ALSP: Preparing for the Meet and Confer: The Role of the Litigation Support Professional
The Association of Litigation Support Professionals is the only nonprofit organization whose members comprise the full range of individuals involved with litigation support: litigation support managers and analysts, attorneys, paralegals, technical support staff, consultants, software developers and judiciary. With a mission to establish global standards for the litigation support profession through collaboration, education and certification, ALSP is dedicated to advancing the profession and contributing to the career development of practitioners around the world. Learn about the major milestones ALSP has reached since incorporating as a 401(k) in 2007, and plans for expanding programs and services in 2008.

This practical, interactive session allows participants to follow the role of litigation support professionals as they consult with the client and law firm attorney team.

The purpose of the Meet and Confer — FRCP Rule 26(f) — is to ensure cases focus on the merits rather than on just the electronic discovery process. This FRCP rule requires counsel to understand the client's information infrastructure and negotiate what material will be disclosed, how it will be produced (form of production) and in what timeframe. Before that meeting, counsel must prepare for the discussion. This session shows appropriate activity related to a planning session for a Meet and Confer, stressing the litigation support professional's key roles in that procedure.