Wednesday | October 16th

4:00 – 5:00 PM

Registration

5:00 – 6:00 PM

Welcome Remarks & Opening Plenary Session

The Return of EDI Talks: Innovative Takeaways That Will Change Your Practice & Career

This year, we’re revisiting one of EDI’s most talked-about sessions ever. At the 2014 EDI Leadership Summit in Fort Lauderdale, we presented our take on the TED Talk format to rave reviews. These experts (or a mix of experts and really interesting speakers) will tackle a wide range of topics, from the state of the legal profession to diversity, in ten minutes or less. The clock is ticking!

6:00 – 9:00 PM

Welcome Reception


Thursday | October 17th

7:30 – 8:30 AM

Breakfast & Opening Remarks

8:30 – 9:30 AM

Opening Plenary Session

The Judges’ Panel: What is New in the Courts

This year’s panel of federal judges will discuss recent case law and developments in the courts related to electronic discovery, including with respect to proportionality, Technology Assisted Review (TAR), preservation and sanctions, which are essential for litigators to know. The panel will also discuss trends in the courts and what this means for the future of electronic discovery practices.

9:30 – 9:45 AM

Refreshment Break

9:45 – 10:45 AM

Breakout Sessions

Rediscovering eDiscovery: How Are You Disrupting the State of eDiscovery?

The changing legal landscape, expanding field of eDiscovery professionals, maturing processes and methodologies, and evolving technologies are among the key forces shaping the state of eDiscovery. Using “The Four Stages of Disruption” model, panelists will discuss the state of these forces and their relative importance. Attend this session to better understand how your organization measures against the industry’s latest trends, and how you might best shape the future of your organization.

Navigating Epic Sanctions Battles

Despite your best efforts, eDiscovery sometimes goes off the rails and moves into full-blown sanctions battles. What are the best procedural and technical options to seek relief when your adversary has violated its discovery obligations? What can you do to mitigate the damage when you have a discovery failure or are on the receiving end of aggressive sanctions motions? This panel will look at these issues from both sides and discuss strategies for keeping the case on track when discovery has become the focus – including use of Special Masters and forensics neutrals; procedural tools; tips for seeking (or containing) expenses and fees; and more.

Sherlock, not Skynet: Using AI to Find & Protect in the Age of Sensitive Information

Legally privileged documents, personal data, and protected health information: as our digital footprints grow, so do the types of data that need protection. Now, new technologies designed for privilege review are also putting privacy and data access requests within an eDiscovery scope. Join a panel of AI innovators and expert litigators to discuss how unsupervised machine learning can protect sensitive information and bridge the gap between eDiscovery and privacy.

Cybersecurity Certification & Privacy Audits

With reports of repeated data breaches at law firms and vendors in the news, more and more client organizations are seeking better protection for their data once it leaves the corporate infrastructure and limiting the scope of what outsiders have access to. Part of these initiatives include ISO Cybersecurity Certifications and data protection audits. Join this panel to hear the current state of information security when working with outside parties.

10:45 – 11:00 AM

Refreshment Break

11:00 AM – 12:00 PM

Breakout Sessions

Practical Privilege: Progressive Practices to Protect Privilege

As the world of eDiscovery continues to become more complicated, the age-old issue of privilege is also becoming ever more complex and costly to protect. This panel will examine practical, yet cutting-edge approaches to protecting privilege, including little-used techniques and tools, and discuss what works (and what doesn’t). Join the panelists as they talk about best practices and tips, and share their combined experiences from private practice, the government, and as in-house counsel.

Too Fast for Perfection? Planning Discovery in Tight Trial Schedules

In recent large-scale litigation and rocket-docket patent cases, courts have placed overwhelming demands on parties to respond to discovery requests, perhaps faster than feasible. Employee interviews are difficult to schedule, computers only work so fast, and proper quality controls are necessary to avoid creating downstream issues. Attend this panel to learn more about balancing difficult schedules with appropriate levels of quality control and realistic capabilities.

Pitfalls & Prognostications for Website Accessibility & Customer Communications

This panel will focus on two laws that were enacted in the early 1990s, when the internet and communication technology was still nascent. One is the Americans with Disabilities Act (ADA), enacted in 1990, before the internet was ubiquitous and that, when originally enacted, focused on physical accessibility but now requires that technology also be accessible to those with disabilities, specifically visually impaired users. The second is the Telephone Consumer Protection Act (TCPA), enacted in 1991, when faxes were manually dialed and came out on curly paper and cell phone calls cost $1.00 per minute. Today, and for the past six years, TCPA class actions have been the second most filed type of class action is federal courts across the country. This panel will discuss the origins of the statutes, how technological advances have impacted their current application, how best to avoid class action liability and, if suit has been filed, defense strategy tips.

Biometric Privacy: Your Voice is Your Passport

The Illinois Biometric Information Privacy Act (BIPA) guards against the unlawful collection and storing of biometric information, and with active BIPA cases pending, the clock has already started ticking. Organizations with existing privacy capabilities, such as those developed for General Data Protection Regulation (GDPR) compliance need to get up to speed quickly. Join this panel to develop an understanding of BIPA and what legal and practical steps organizations can take to achieve readiness.

12:00 – 12:45 PM

Luncheon

12:45 – 1:45 PM

Luncheon Plenary Session

Is David Now the Goliath? Novel Requesting Party Strategies & How to Respond

Requesting parties, flush with cash from large settlements and their private-equity masters, now have more resources than ever before – perhaps even more than the organizations they typically target. Even the largest organizations are struggling to keep up, but a ray of light shines on potential strategies to level the playing field. Join this panel of experts as they discuss strategies of “David-ing” the new requesting-party Goliath.

1:45 – 2:00 PM

Refreshment Break

2:00 – 3:00 PM

Breakout Sessions

Dealing with a Not-So-Special Master

While there are many deeply qualified Special Masters that assist courts in resolving discovery disputes between parties, some have developed a path to advocate for one side of the “V,” or their own personal agenda, regardless of the Rules and existing caselaw. This panel will explore strategies in managing a not-so-special Special Master.

PFS & DFS: Fact Sheet Strategies in Complex Litigation

Plaintiff Fact Sheets & Defendant Fact Sheets are often used in large-scale litigation to quickly advise the parties and the court on baseline dismissal issues and preliminary discovery. Join this panel to learn more about effective strategies in developing and advocating fact sheet requirements to avoid future discovery conundrums.

Sausages, Laws, & Privilege Logs: An Inside Look at How Priv Logs Are Made

It’s said that if you like sausages or laws, you should never watch either being made. We can safely add privilege logs to that list, and for good reason. Most people involved in the typically inefficient, costly, and tedious priv log process likely want to forget it as soon as possible. While this might protect one’s sanity, we do need to understand why they cause so much angst and how we can make meaningful improvements to the process. This panel will explore the privilege log process and offer practical, real-world solutions for improving it.

From GDPR to CCPA: What’s Next in the World of Privacy

Data protection is a hot topic both in Europe and the United States. The European Union has implemented the General Data Protection Regulation (GDPR), a wide-reaching piece of legislation which regulates the processing of personal data, imposes huge fines for breaches of its provisions, and purports to apply outside the borders of the EU. Meanwhile, California is introducing the California Consumer Privacy Act (CCPA), hailed by many as “America’s GDPR,” and other states and Congress are considering whether to follow suit. It’s clear that data protection is here to stay, and that it pervades almost every aspect of business and industry. But one little-discussed question is - how does it practically impact litigation, government investigations and the eDiscovery process? Join this panel of experts who will discuss the future of privacy.

3:00 – 3:15 PM

Refreshment Break

3:15 – 4:15 PM

Breakout Sessions

Effective Strategies Managing Third Party Subpoenas: I'm Not Paying

Often, an organization is faced with discovery demands for a case in which they have no dog in the fight. While in federal court, Rule 45 shields non-parties from significant expense, many producing parties fail to seek proper cost allocation to mediate the huge discovery expense associated with responding to these subpoenas. This panel will provide practical takeaways that you can deploy to avoid paying for someone else’s litigation.

Hot Topics in Negotiating ESI Protocols & Protective Orders

You may not have previously found discussions of Protective Orders and ESI Protocols to be particularly exhilarating, but we can assure you that this discussion will not only be exhilarating, but will save you time, money, and aggravation — not to mention providing data security and privilege protection! Join this session to learn about provisions that the panelists have found most useful. The discussion will also share tips for educating outside counsel on corporate systems to help avoid overpromising at early meet-and-confers.

Modern Legal Process Management: The Future of Artificial Intelligence

With increasing pressure by clients to reduce costs, the reality is that law firms cannot continue to conduct litigation in the ad hoc manner, with each case team pursuing its own best practices. Modern Legal Project Management demands a process-oriented approach to litigation, allowing for the use of advanced analytical and automated tools to lower costs, increase efficiencies and promote consistency. This panel will outline modern legal project management, including best practices for implementing such an approach.

Using eDiscovery Processes to Manage Cyber Incidents & DSARs

In many cyber incident investigations and all data subject access requests (DSARs), business and organizations seek to find, cull and review ESI in order to either notify impacted individuals or provide pertinent personal information.  Many of these same businesses, have already made significant investments in e-discovery tools to preserve, collect, search and produce documents.  This panel will discuss tips and practical methods to use in-house e-discovery tools in cyber investigations and data subject access requests.

4:15 – 4:30 PM

Refreshment Break

4:30 – 5:30 PM

Closing Plenary Session

Caselaw Update

There has been a large volume of case law in the wake of the changes implemented under the 2015 Amendments. It is worthwhile for practitioners to understand the highlights and potential pitfalls in discovery jurisprudence. Come join this panel to hear from leading experts on the current state of the union as it relates to discovery.

5:30 – 6:30 PM

Pre-Dine-Out Reception

7:00 - 10:00 PM

Dine-Out Events (by invitation only)


Friday | October 18th

7:30 – 8:30 AM

Breakfast & Opening Remarks

8:30 – 9:30 AM

Opening Plenary Session

Ethics Update: The Duty to Correct – When Does a Mistake Become an Ethical Question?

The ethical rules governing lawyers, including ABA Models of Professional Conduct 1.1, 1.6 and 5.3, impose substantial requirements relating to electronic discovery. This panel will discuss recent decisions and commentary regarding the ethics of electronic discovery, including the complex interplay between the ethical rules, Federal Rules of Civil Procedure, and established industry practices. The panelists will focus especially on the ethical obligations and risks relating to preservation, disclosure, search, and review of data in litigation and investigations.

9:30 – 9:45 AM

Refreshment Break

9:45 – 10:45 AM

Breakout Sessions

Leveling the Playing Field: Ethical Complexities & Intricacies of Collection with Social Media Data

As more and more social media data enters the scope of discovery during litigation, litigants must arm themselves with a baseline understanding of how this information is collected, processed, reviewed and produced. Join this panel to learn best practices for investigating both your client’s and your adversary’s social media, while meeting ethical obligations as required under ABA Model Rules 1.1, 1.6 & 8.4.

Fighting the Battle on Multiple Fronts: Navigating Discovery in Concurrent Litigation & Investigations

Litigants are frequently faced with responding to discovery requests seeking duplicative information in matters involving differently situated adversaries.  The discovery obligations may stem from overlapping litigation, litigation and a concurrent regulatory investigation, federal and state government inquiries, or new litigation that may rely on discovery from a related case.  In these postures, the ability to leverage work across matters is increasingly valuable and necessary, yet it must be navigated carefully.  Join this session to explore how to address the complex challenges litigants face, and the efficiencies that can be gained, when dealing with discovery obligations in concurrent litigation and investigations.

eDiscovery Case Budgeting in the Age of Artificial Intelligence, Big Data & Data Privacy

With the ever-expanding volume and sources of data and the cross-border challenges of data privacy, corporations and law firms face unprecedented challenges in budgeting for eDiscovery in litigation and government investigations. This panel of eDiscovery leaders will discuss best practices for eDiscovery case budgeting, how to kick the tires and compare budgets and how to ensure projects are completed on time and within budget.

Rightsizing the In-House eDiscovery Team: Lawyers, Team & Tech

While many legal departments have “brought eDiscovery in-house,” determining the organization’s target-state is always a challenge. Successful organizations regularly consider the balance of technology and staff that align with litigation demands and are always refining their model. Come join this panel to help you navigate your organizational needs and benchmark with those that have developed a mature model.

10:45 – 11:00 AM

Refreshment Break

11:00 AM – 12:00 PM

Breakout Sessions

Discovery Crossfire: Battleground Issues in eDiscovery

From burdens to boilerplate, from cooperation to cost shifting, and from personal devices to predictive coding, there are several battleground issues that tend to arise repeatedly in eDiscovery, and where there are strongly opposing views. Our panel of in-house experts will debate many of the most significant issues in eDiscovery today, in a fast-paced format, but with a humorous twist. With never a dull moment, this session will make you learn, make you laugh, but most of all it will make you think!

Discovery Strategies in Litigation: What Happens in Court

Discovery is more than processing, reviewing and producing data. Staying ahead of your adversaries in the process can better position your case on the merits and gain credibility with the court. Join this session to learn practical takeaways you can deploy in your organization to help level-set the playing field.

Mergers, Acquisitions & Divestitures in Big Data: How to Incorporate Legal Design & Automation

With the number of mergers, acquisitions and divestitures on the rise, this panel will address best practices for handling IG and discovery-implicated data during such transactions including ways to apply principles and techniques from design thinking to these practices. The panel will provide examples of how to stay abreast of data being transferred, merged and/or acquired to meet all legal and records retention obligations as well as on-going litigation or investigations.

Expanding Your Book: Marketing Your Skills In-House

Managing discovery and litigation, requires a Swiss Army knife of skills in order to meet demanding requirements. These skills include crisis & project management, legal research & writing, and supervising relationships with third party service providers and law firms – all of which can easily be applied in other areas of the legal department. Come join this panel to get your CV in shape for that upcoming promotion or the dream job the recruiter keeps calling about.

12:00 – 12:45 PM

Luncheon

12:45 – 1:45 PM

Luncheon Plenary Session

Microsoft Office 365: New Features

Microsoft Office 365 has become the dominant email, communication, productivity and collaborative cloud tool for corporations. Yet many corporate legal departments have experienced challenges with implementing Microsoft Office 365; with preservation, collection, searching and filtering once implemented; and with integrating it with various other eDiscovery tools. This session will examine new features and provide insights into some of the key eDiscovery challenges organizations face with Microsoft Office 365, how to avoid some of the pitfalls, and practical tips when implementing and utilizing Microsoft Office 365 for eDiscovery purposes.

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