E-Discovery
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LEGALTECH® NEW YORK 2009 - February 2-4, 2009

February 4

Tracks
ED
Electronic Discovery

EDI
Bringing E-Discovery In-house

ERM
Email and Retention Management

MLC
Managing Litigation Costs Overall

CC
Corporate Counsel: e-Discovery, Alternative Fees & Negotiation Strategies

ETC
Emerging Technologies

SS
SuperSessions

CLE ELIGIBLE

CLE ELIGIBLE

CLE ELIGIBLE

CLE ELIGIBLE

CLE ELIGIBLE

Room Trianon Ballroom Regent Parlor Sutton Parlor South Rendezvous Ballroom Beekman Parlor Sutton Parlor Center
Sponsors
9:00 - 10:00

CLE ELIGIBLE

Critical Concepts of Competence and Cooperation in the Electronic Discovery (EDD) Process.

Presented by:

Room: West Grand Ballroom

Speaker:

JOHN M. FACCIOLA
United States Magistrate Judge in the United States District Court of the District of Columbia

SS1

Room: Concourse A

9:00am - 12:30pm
Model eDiscovery Forensics Lab featuring Glenn Lewis, George Washington University Professor

SS2

Data Analytics from A to Z

Room: Nassau B

10:00am – 11:30am
Full Text Searching, and Challenges in Development of Search Criteria

1:00pm - 2:30pm
Sampling, Feedback and Search Validation; EDRM "Left-Side" Data Reduction Opportunities

SS3

Room: Nassau A

11:15am - 12:30pm
Manage Your Risks – Litigation and Electronic Disclosure: Are You Ready?


10:00 - 10:30 Exhibit Hall Break
10:30 - 12:00

ED1:

State of the Art in eDiscovery Automation and Early Case Assessment

Moderator:
Deborah Baron, VP Legal & Compliance, Autonomy, Inc.

Panel:
Tom Allman
Former SVP & GC, BASF
Editor, Sedona Conference ® Principles, Second Edition

Browning Marean, Partner, DLA Piper (US)

George Socha, President, Socha Consulting, Founder EDRM

Mike Sullivan, CEO, Autonomy Zantaz

Ron Wills, Senior Corporate Counsel, Head of Litigation, McAfee

EDI1:

Bringing E-Discovery In-house

Moderator:
Jason R. Baron, Director of Litigation, National Archives and Records Administration

Panel:
Will Robberts
CEO, Kempton Advisors
Former President, Livenote (division of Thomson-Reuters)

Tom Tigh, President, SuperiorGlacier

Christopher A. Byrne, Esq.
Christopher A Byrne, Esq., P.C
Former Assistant Director, FDIC's Division of Liquidation

Stuart W. Hubbard, Attorney, Schiff Hardin LLP

Johannes C. Scholtes, President / CEO, ZyLAB North America LLC

James F. Dawson, Former Director of Litigation Support Information Discovery, MetLife

ERM1:

Email Management: Damned if You Do, Damned if You Don't? How Three Organizations Solved the Email Retention and Expiry Riddle

Moderator:
Ted Barassi, Esq., Group Product Manager, Symantec

Panel:
Matt Kesner, Esq., CIO, Fenwick and West

David Isom, Esq., Shareholder, Greenberg Traurig LLP

David Fong, Director - Risk Management - Records/Information Management Compliance, Qwest Communications

Annie Goranson, Esq., Discovery Counsel, Symantec

MLC1:

Setting the Strategy – Setting a Clear Strategy for the Legal Department Makes the Difference

Rich Seleznov, Managing Director, Huron Consulting Group

Jim Mitchell, Managing Director, Huron Consulting Group

David Cambria, Esq
Director of Operations, Law Department Aon Corporation

Robert Bjornsti
Vice President
AXA Equitable Life Insurance Company

CC1:

Managing e-Discovery in an Alternative Fee Environment

Moderator:
Kenneth Y. Rashbaum, Esq., Director, Fios Consulting, Fios, Inc.

Panel:
Mary Mack, Esq., Corporate Technology Counsel, Fios, Inc.

Cecil Lynn, Esq., Attorney, Ryley Carlock & Applewhite

Michael A. Bogdonoff, Esq., Partner, Dechert LLP

Miriam Smolen, Esq., Associate General Counsel, Fannie Mae

Alexander G. Arato, Vice President, Associate General Counsel, CA

Brian Hirsch, Esq., Sr. Litigation Counsel, Cephalon, Inc.

ETC1
10:30am - 11:15am
Save International Language Review Costs with iCONECT

ETC2
11:45am
"Managing the Convergence of EDM/ECM/ERM for E-Discovery"

12:00 - 1:30 Exhibit Hall Break
1:30 - 3:00

ED2:

Legal Hold Best Practices: Meeting the Preservation Obligation

Ashish Prasad, Chief Executive Officer, Discovery Services LLC

Jack Halprin, Esq., Vice President, eDiscovery and Compliance, Autonomy, Inc.

Michael E. Lackey, Jr., Partner, Mayer Brown

Brett Durand, Sr. Manager, Legal Technology & Operations, Pfizer, Inc.

EDI2:

Best and Worst Practices of Bringing E-Discovery in-house

Moderator:
George Socha, President, Socha Consulting, Founder EDRM

Panel:
Will Robberts
CEO, Kempton Advisors
Former President, Livenote (division of Thomson-Reuters)

Tom Tigh, President, SuperiorGlacier

Christopher A. Byrne, Esq.
Christopher A Byrne, Esq., P.C
Former Assistant Director, FDIC's Division of Liquidation

Stuart W. Hubbard, Attorney, Schiff Hardin LLP

Johannes C. Scholtes, President / CEO, ZyLAB North America LLC

James F. Dawson, Former Director of Litigation Support Information Discovery, MetLife

ERM2:

Email Archiving: Formalizing the Fire Drill

Moderator:
Annie Goranson, Esq., Discovery Counsel, Symantec

Panel:
Matt Kesner, Esq., CIO, Fenwick and West

Deidre Paknad, Esq., President and CEO, PSS Systems

Laura M. Kibbe, Esq., Director, EDiscovery Services, Thomson Reuters

David Fong, Director - Risk Management - Records/Information Management Compliance, Qwest Communications

MLC2:

What Steps Should be Taken to Control (Discovery) Litigation Costs?

Rich Seleznov, Managing Director, Huron Consulting Group

Jim Mitchell, Managing Director, Huron Consulting Group

David Cambria, Esq
Director of Operations, Law Department
Aon Corporation

Robert Bjornsti
Vice President
AXA Equitable Life Insurance Company

CC2:

Let's Make a Deal

Judges:
Hon. Andrew J. Peck, U.S. District Court, Southern District of New York

Hon. David J. Waxse, U.S. District Court, District of Kansas

Plaintiffs:
Dennis Kiker, Esq., Director, Fios Consulting, Fios, Inc.

Meredith Dwyer, Senior Paralegal, Schering-Plough Corporation

David Isom, Esq., Shareholder, Greenberg Traurig LLP

Defendants:
Kenneth Y. Rashbaum, Esq., Director, Fios Consulting, Fios, Inc.

Daniel P. Kulakofsky, Esq., Managing Counsel – Director of Electronic Discovery, The Travelers Companies, Inc.

Keith Casto, Esq., Partner, Shook Hardy & Bacon, LLP

ETC3
1:30pm
Addition by Subtraction: Learn how top legal firms are leveraging virtual/digital fax technology for business rationalization in an economic downturn.

3:00

Conference Adjourns / Exhibits Close

Critical Concepts of Competence and Cooperation in the Electronic Discovery (EDD) Process. [Top]
John M. Facciola
United States Magistrate Judge in the United States District Court of the District of Columbia

Room: West Grand Ballroom

In this keynote address, United States Magistrate Judge John M. Facciola will discuss the critical concepts of competence and cooperation in the electronic discovery (EDD) process. Judge Facciola will review the history of the new amendments to the Federal Rules of Civil Procedure, which were intended to expand cooperation among the parties but which, in the absence of competence, can yield precisely the opposite: a widening gulf between parties who understand EDD and those who do not.

In his discussion, Judge Facciola will consider these topics:

  • Enforcing the standards of competence;
  • Managing "asymmetrical" litigation, in which one side has a distinct advantage through its understanding of EDD;
  • Leveraging experts and special masters;
  • Balancing the roles of in-house and external counsel; and
  • Fostering cooperation and the future of EDD .

This keynote address promises insightful perspective from one of the bench's most knowledgeable experts on the evolving topic of EDD.

Electronic Discovery [Top]

Room: Trianon Ballroom

Today's economic and regulatory climate is driving law firms and corporations to utilize new techniques and technology to improve efficiency, identify critical custodians and prioritize data going out for review. GCs and in-house attorneys across industries are looking for ways to rapidly assess the merits of a case and winnow down data volume. Explore the investigative steps you can take in anticipation of litigation or government inquiry. Find out how these steps inform your legal strategy and reduce the burden of discovery. Examine the tools that are available today to determine whether to settle or not based on what's in the data.

ED1: State of the Art in eDiscovery Automation and Early Case Assessment

  • Reasonable and defensible approaches to reduce the volume of ESI sent for review
  • Examine enterprise data in file servers, email stores and archives before collection
  • Simple but powerful techniques to visually identify critical custodians
  • Leveraging automated clustering and categorization to prioritize data
  • ROI of Early Case Assessment
  • Real-life examples to get ahead of the curve in highly litigious industries

Moderator:
Deborah Baron, VP Legal & Compliance, Autonomy, Inc.

Panel:
Tom Allman, Former SVP & GC, BASF, Editor, Sedona Conference ® Principles, Second Edition
Browning Marean, Partner, DLA Piper (US)
George Socha, President, Socha Consulting, Founder EDRM
Mike Sullivan, CEO, Autonomy Zantaz
Ron Wills, Senior Corporate Counsel, Head of Litigation, McAfee

ED2: Legal Hold Best Practices: Meeting the Preservation Obligation

  • Effective and defensible legal hold processes
  • Best practices technology for legal hold and preservation
  • Policy based preservation and collection technology for collections from laptops, mobile devices, and all enterprise data sources
  • The use of advanced analytics to avoid overcollection while focusing in on the most relevant data

Ashish Prasad, Chief Executive Officer, Discovery Services LLC
Jack Halprin, Esq., Vice President, eDiscovery and Compliance, Autonomy, Inc.
Michael E. Lackey, Jr., Partner, Mayer Brown
Brett Durand, Sr. Manager, Legal Technology & Operations, Pfizer, Inc.

Bringing E-Discovery In-house [Top]

Room: Regent Parlor

Discover what it takes to bring significant portions of the e-discovery process in-house. In order to lower discovery costs, it is important for organizations and government agencies to explore how best to integrate phases of the EDRM model into their internal processes. Optimizing this type of integration is more than just having a connection between processes and information- management systems: one also needs a well documented and executable methodology, including a quality control framework. Cohesion across the business is critical – particularly between Legal and IT – and an integrated, tailored platform solution can help support this structure.

EDI1: Bringing E-Discovery In-house

  • Operate in the most efficient and cost-effective way with external counsel
  • Minimize objections from opposing counsel
  • Create an effective working relationship between legal and IT professionals
  • Recognize and address risks
  • Identify necessary tools and when you need to use them
  • Capitalize on potential savings
  • Identify trends in the marketplace

Moderator:
Jason R. Baron, Director of Litigation, National Archives and Records Administration

Panel:
Will Robberts, CEO, Kempton Advisors, Former President, Livenote (division of Thomson-Reuters)
Tom Tigh, President, SuperiorGlacier
Christopher A. Byrne, Esq., Christopher A Byrne, Esq., P.C, Former Assistant Director, FDIC's Division of Liquidation
Stuart W. Hubbard, Attorney, Schiff Hardin LLP
Johannes C. Scholtes, President / CEO, ZyLAB North

EDI2: Best and Worst Practices in Bringing E-Discovery In-house

  • Impact and risks of bringing (parts) of e-discovery in-house
  • Risk prevention best and worst practices
  • Starting points and roll-out strategies
  • Overall benefits

Moderator:
George Socha, President, Socha Consulting, Founder EDRM

Panel:
Will Robberts, CEO, Kempton Advisors, Former President, Livenote (division of Thomson-Reuters)
Tom Tigh, President, SuperiorGlacier
Christopher A. Byrne, Esq., Christopher A Byrne, Esq., P.C, Former Assistant Director, FDIC's Division of Liquidation
Stuart W. Hubbard, Attorney, Schiff Hardin LLP
Johannes C. Scholtes, President / CEO, ZyLAB North America LLC
James F. Dawson, Former Director of Litigation Support Information Discovery, MetLife

Email and Retention Management [Top]

Room: Sutton Parlor South

ILTA's 2008 Technology Survey polled 537 law firms and nearly 245,000 end users. Managing e-mail ranked as the single biggest technology issue or annoyance facing respondents. Investigate strategies for managing growing volumes of unstructured information in the context of the discovery process. Our panel of experts will discuss how they met these challenges at their respective companies and why information management is the cornerstone of an efficient and defensible discovery process.

ERM1: Email Management: Damned if You Do, Damned if You Don't? How Three Organizations Solved the Email Retention and Expiry Riddle

  • Investigate how archiving is helping strike a defensible balance between email retention and expiry
  • Lower the cost of review and improving the experience for end users
  • Cast an eye toward the future as we discuss SharePoint archiving and discovery

Moderator:
Ted Barassi, Esq., Group Product Manager, Symantec

Panel:
Matt Kesner, Esq., CIO, Fenwick and West
David Isom, Esq., Shareholder, Greenberg Traurig LLP
David Fong, Director - Risk Management - Records/Information Management Compliance, Qwest Communications
Annie Goranson, Esq., Discovery Counsel, Symantec

ERM2: Email Archiving: Formalizing the Fire Drill

  • Turning a fire drill into a defined and sustainable business process
  • Retention and Expiry Enforcement for Email, IM, SharePoint and PST/NSF
  • Self Service Legal Holds, Review and Assessments
  • Defensible Export and Production to Third Parties.

Moderator:
Annie Goranson, Esq., Discovery Counsel, Symantec

Panel:
Matt Kesner, Esq., CIO, Fenwick and West
Deidre Paknad, Esq., President and CEO, PSS Systems
Laura M. Kibbe, Esq., Director, EDiscovery Services, Thomson Reuters
David Fong, Director - Risk Management - Records/Information Management Compliance, Qwest Communications

Managing Litigation Costs – The Strategy, The Preservation and The Review [Top]

Room: Rendezvous Ballroom

Litigation costs are rising. Is there an end in sight? Join experts in the industry for an interactive session, exploring best practices organizations should use to manage litigation costs and its costs drivers. Setting a clear strategy makes the difference. Under pressure to more effectively manage litigation costs, corporations are encouraged to have a strategy in place to implement sophisticated programs to reduce costs, increase operational efficiency, improve client service, and better handle risks of legal liability

MLC1: Setting the Strategy – Setting a Clear Strategy for the Legal Department Makes the Difference

  • The struggle to manage and control of records
  • Establish an effective records management program thorough assessments of existing processes
  • Comprehensive understanding of available alternatives
  • The application of records management solutions
  • Linking solutions to an organization's discovery plan through data structure, data mapping and remediation

Rich Seleznov, Managing Director, Huron Consulting Group
Jim Mitchell, Managing Director, Huron Consulting Group
David Cambria, Esq, Director of Operations, Law Department, Aon Corporation
Robert Bjornsti, Vice President, AXA Equitable Life Insurance Company

 

MLC2: What Steps Should be Taken to Control (Discovery) Litigation Costs?

  • Manage discovery and the challenges involved, but how?
  • Explore tools a company needs to identify and optimize processes, procedures, technology
  • Resources to better fulfill the discovery obligation

Rich Seleznov, Managing Director, Huron Consulting Group
Jim Mitchell, Managing Director, Huron Consulting Group
David Cambria, Esq, Director of Operations, Law Department, Aon Corporation
Robert Bjornsti, Vice President, AXA Equitable Life Insurance Company

Corporate Counsel: E-discovery, Alternative Fees & Negotiation Strategies [Top]

Room: Beekman Parlor

Track Theme: "e-Discovery, Alternative Fees & Negotiation Strategies"

Participate in comprehensive, interactive sessions that address strategies for e-discovery cost savings in an alternative fee environment and provide hands on experience for "making the best deal" in 26(f) negotiations. Explore how general counsel can optimize opportunities for e-discovery cost savings through strategic planning, leveraging resources and credible execution. From a town-hall format that will focus on opportunities for e-discovery cost savings and predictability to a "Let's Make a Deal" interactive session on FRCP 26(f) negotiations, the General Counsel Track at LegalTech NY will arm attendees with timely facts, strategies and skills.

CC1: Managing e-Discovery in an Alternative Fee Environment (Town Hall Format)

Designed in a town hall-style forum, this presentation will focus on opportunities for cost savings and building predictability when managing e-discovery in alternative fee environment. The discussion will cover:

  • Opportunities for cost savings, including in-sourcing, outsourcing, collaboration and technology
  • Managing the scope of e-discovery
  • Avoiding the need to pay the "fire-drill" premium for e-discovery
  • Submitting a credible litigation budget
  • Managing variability with predictability and credibility

Moderator:
Kenneth Y. Rashbaum, Esq., Director, Fios Consulting, Fios, Inc.

Panel:
Mary Mack, Esq., Corporate Technology Counsel, Fios, Inc.
Cecil Lynn, Esq., Attorney, Ryley Carlock & Applewhite
Michael A. Bogdonoff, Esq., Partner, Dechert LLP
Miriam Smolen, Esq., Associate General Counsel, Fannie Mae
Alexander G. Arato, Vice President, Associate General Counsel, CA
Brian Hirsch, Esq., Sr. Litigation Counsel, Cephalon, Inc.

CC2: Let's Make a Deal

This interactive presentation will provide attendees an opportunity to actively participate in an FRCP 26(f) e-discovery conference and explore:

  • Collaboration with outside counsel, IT and the opposition
  • Negotiation of e-discovery, search terms, burden and cost issues
  • Presentation of your e-discovery plan to the judge to see who can "make the best deal"

Judges:
Hon. Andrew J. Peck, U.S. District Court, Southern District of New York
Hon. David J. Waxse, U.S. District Court, District of Kansas

Plaintiffs:
Dennis Kiker, Esq., Director, Fios Consulting, Fios, Inc.
Meredith Dwyer, Senior Paralegal, Schering-Plough Corporation
David Isom, Esq., Shareholder, Greenberg Traurig LLP

Defendants:
Kenneth Y. Rashbaum, Esq., Director, Fios Consulting, Fios, Inc.
Daniel P. Kulakofsky, Esq., Managing Counsel – Director of Electronic Discovery, The Travelers Companies, Inc.
Keith Casto, Esq., Partner, Shook Hardy & Bacon, LLP

Emerging Technologies [Top]

Room: Sutton Parlor Center

ETC1: Save International Language Review Costs with iCONECT
Sponsored by iCONECT Development, LLC

Save on expensive foreign language review with iCONECT's Unicode-compliant software. Load multilingual documents without any need for pre-translation or on onsite reviews by costly foreign counsel.

Search, organize, and review documents in languages such as Chinese, Japanese, Korean, Arabic, Punjabi, and Russian from anywhere in the world through iCONECT's #1 web-based litigation support software.

Speaker:
Ian Campbell, Chief Operating Officer, iCONECT Development, LLC

ETC2: "Managing the Convergence of EDM/ECM/ERM for E-Discovery"
Sponsored by Edmond Scientific Company

The Discovery industry is growing at such a rate that litigation support professionals require an instant and up-to-date e-Discovery education, while trying to find relevant discovery data and acting on it strategically demands a more sophisticated approach. Innovation in the e-Discovery landscape appears with RCM and ECM managers using separate engineering tactics on an enterprise-wide level for semantic clustering, search, content classification and fast indexing.

From our panel learn: Industry trends on content analytics, digging down into users profiles for finding relevant data and associated custodians, the brilliance of semantic clustering in searches and how to effectively deploy these solutions on an enterprise level for the seamless convergence of ECM, EDM, ERM and e-Discovery.

Moderator:
John Pitale, CEO, Edmond Scientific Company

Panelists:
John Mancini
, President AIIM International
Maura Dunn, Duff and Phelps
Dr. Barbara Ciaramitaro, Welsh College (formerly General Motors)
John Frost, President ARMA International

ETC3: Addition by Subtraction: Learn how top legal firms are leveraging virtual/digital fax technology for business rationalization in an economic downturn.
Sponsored by myFax

The markets are bad, revenues are down, organizations are being asked to do more with less. Addition by subtraction is the concept of adding capacity while reducing costs and lowering budgets and has become a core strategy for successfully getting through this business climate. What may come as a surprise is that fax is the perfect candidate.

The presentation will discuss how to recognize programs that are likely candidates for this shift, and through a case study presentation, provide an example of the potential cost savings possible in something as seemingly simple as faxing.

Speaker:
Dinesh Kandanchatha, Director of Corporate Sales

SuperSessions [Top]

SS1: Sponsored by Navigant Consulting

Room: Concourse A

9:00am - 12:30pm
Model eDiscovery Forensics Lab featuring Glenn Lewis, George Washington University Professor

Join us for a unique hands on experience featuring Glenn Lewis, Professor at George Washington University. This session will consist of a hands on experience where attendees will perform their own computer forensics under the direction of a top computer forensics professor.

Speakers:
Professor Glenn Lewis

SS2: Data Analytics from A to Z
Sponsored by SPi Legal

Room: Nassau B

The panel of speakers will be comprised of members of the SPi Data Analytics Consulting team including David Kittrell, Gene Eames, Linda Beaudoin and Babs Deacon.
During the two Super Sessions, the panel will cover:

  • Mechanics of Full Text ("Keyword") Searching
  • Challenges of determining appropriate keyword search criteria
  • Sampling, testing and validation methods
  • Opportunities for validated data reduction throughout EDRM lifecycle

10:00am – 11:30am
Full Text Searching, and Challenges in Development of Search Criteria

Join this session and learn about the technology behind full text searching, common pre-processing requirements, search configuration issues, and considerations of varying functionality amongst search tools. The panel will also explore research techniques and analytic software tools which can assist in refining search criteria so that they more accurately return items of interest, without excessive amounts of "false hits."

1:00pm - 2:30pm
Sampling, Feedback and Search Validation; EDRM "Left-Side" Data Reduction Opportunities

In this 2 part session, the panel will focus on Validation and Data Reduction on the Left Side of EDRM. They will explore a variety of sampling, validation and feedback techniques such as non-hit sampling, dropped item sampling, and responsive call feedback and discuss the challenges and possible solutions to the daunting yet desirable goal of responsibly reducing data collections earlier in the process.

SS3: Manage Your Risks – Litigation and Electronic Disclosure: Are You Ready?
Sponsored by Legal Inc.

Room: Nassau A

11:15am - 12:30pm
With transatlantic experience of all aspects of the litigation lifecycle, the panel members have a comprehensive knowledge of the pitfalls and dangers inherent within electronic disclosure that can ensnare the un-prepared. In this session they will explain how preparing for, and meeting the demands of, electronic disclosure can be scaled for large, mid-sized and even small organisations. They will share the key lessons they have learnt "the hard way" and provide pragmatic and practical advice on what to learn from others' mistakes.

Speakers:
Sanjay Bhandari, Ernst & Young
Charles Christian, Legal Technology Insider
Peter Cladouhos, Paul Hastings Janofsky & Walker LLP
Matthew Davis, Lovells LLP
Andrew Haslam, Legal Inc Limited

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