Schedule | Summit day one
8:00 – 9:00 AM
Breakfast & Welcome Remarks
9:00 – 10:00 AM
Opening Plenary Session
Judicial Meet & Confer: Discussions Between the Judicial Innovators & the New Guard
For over a decade, EDI has admired the federal judges who have been instrumental at the forefront of developing case law addressing key topics in discovery, including proportionality, Technology Assisted Review (“TAR”), implementing legal holds, preservation, as well as other important eDiscovery issues. Now, as those judges move beyond the bench, EDI looks to a new group of judges to establish a framework for applying their innovative predecessors’ work going forward under the 2015 Amendments to the Federal Rules of Civil Procedure.
10:00 – 10:20 AM
10:20 – 11:20 AM
Case Study: Leveraging TAR as a Strategic Approach to Create a Defensible & Efficient Workflow
While most eDiscovery practitioners understand that there are benefits to be gained from utilizing TAR, the fact remains that TAR is neither an all-powerful solution, nor a magical “easy button.” Moreover, TAR is most effective when accompanied by an efficient and well-designed workflow that accounts for the technology’s limitations or other unique aspects of the review. Understanding the design of these TAR processes and workflows, while accounting for matter-specific strategic considerations, can be as critical to a review’s success as the decision of whether to utilize TAR. In this session, panelists will discuss a case study and offer practical pointers, applicable to any type of litigation or investigation, from a series of large, multi-jurisdictional cases that utilized TAR and incorporated workflows. Discussion topics include prioritizing responsive documents using a blend of TAR and non-TAR processes; handling ESI that is not susceptible to TAR; and creating and maintaining auditable and defensible quality-control protocols that seamlessly integrate such workflows.
Artificial Intelligence & Ethics
Artificial Intelligence (“AI”) is no longer just a buzzword, but rather one of the hottest legal trends in 2017. Is it possible for AI to replace lawyers? Perhaps Professor Richard Susskind was right in his 2008 book, “The End of Lawyers?” This panel will define AI, while providing an overview of its role in the legal profession. Additionally, panelists will discuss the relationship of AI and The ABA Model Rules of Professional Conduct.
Challenges & Practical Tips for Dealing with eDiscovery & Microsoft Office 365
Microsoft Office 365 has become the dominant email, communication, productivity and collaborative cloud tool for corporations. It has been reported that 70% of the Fortune 500 purchased it in 2016. Yet many corporate legal departments have experienced challenges with: implementing Microsoft Office 365; preservation, collection, searching and filtering once implemented; and, integrating it with various other eDiscovery tools. This session will provide insight into some of the key eDiscovery challenges that 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.
How Courts Consider Cooperation & How they Punish “Non-Cooperative” Parties
This session will discuss how courts actually consider cooperation in discovery disputes and how this can incentivize both good and bad behavior by requesting and responding parties alike. Panelists will give practical advice for how to cooperate in ways that courts will appreciate—without capitulating on important and principled discovery positions. Finally, the panel will explain ways to show the court that you have tried to cooperate—even when the parties fail to reach an agreement—and how to refute accusations of non-cooperation.
11:20 – 11:40 AM
11:40 AM – 12:40 PM
Using Keywords to Find Needles, Not More Haystacks
Despite the rise in the use and sophistication of predictive and machine-learning technologies, keywords still form the core of many discovery requests. For better or worse, they aren’t going away. So, as long as keywords retain their prominence, it behooves parties to use them in the most effective way possible. Join this panel of experts as they explore and expose proven strategies for developing, using and refining keywords to best handle today’s data and document haystacks.
Department of Justice Policy Announcement on Predictive Coding
Whether you call it Technology Assisted Review or Predictive Coding, the use of technology tools to cull data for production is now commonplace in litigation. The Department of Justice has issued several recent policies and protocols related to predictive coding and its use in regulatory filings litigation. Come hear this panel discussing the model Hart-Scott-Rodino filing discussions.
Avoiding the Cloud Trap: Recognizing Legal & Technical Traps That Can Hold You & Your Data Hostage
Fortune 500 companies are moving more and more enterprise content to the cloud. Whether it’s Office365, a SalesForce deployment or eDiscovery tools, much more data is moving outside the firewall. Join this panel to hear more about how to avoid common pitfalls when moving to the cloud and ensuring that your data is as litigation ready as possible.
Cooperation & Ethics Under ABA Model Rule 3.4(d)
While the ABA Model Rules of Professional Conduct require attorneys to zealously advocate for their clients, Rule 3.4(d) dictates that a lawyer shall not “fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party.” Moreover, the reality in the age of eDiscovery is that, without cooperation by both sides, discovery becomes a needless morass of expended money and time. This session will explore the obligations to cooperate with opposing counsel under ABA Model Rule 3.4(d), giving consideration to any attendant ethical concerns.
12:40 – 2:00 PM
2:00 – 3:00 PM
Deconstructing eDiscovery Spend: If You Can’t Measure & Manage It, You Can’t Improve It
While much has been discussed about eDiscovery spend, including the ever-changing landscape of service delivery models and complex pricing structures, an exclusive focus on the cost aspect does not tell the whole story. The outcome of a matter can have varying effects on an organization, whether in monetary terms or through risk exposure. To understand the true nexus between spending and outcomes, we should consider the following questions: How does one define and measure value for each matter, and, specifically, for the eDiscovery segment? What tools are used to manage value drivers that go beyond cost analysis and metrics reporting? Attend this session to gain an understanding of how value-based approaches can maximize the benefits of eDiscovery spend and improve outcomes.
Government Investigations Reference Model
Over a decade ago the eDiscovery industry developed a reference model that has become pervasive in practice. Yet, government investigations have often become a black box in management. This session, co-produced with the Government Investigations & Civil Litigation Institute, will focus on how best to manage government investigations. Join this panel to hear about a new reference model in managing government investigations.
Out with the Old: Remediation of Legacy Data when Moving to Office 365
After making the decision to move to Office 365, or another cloud-based storage system, companies face decisions as how best to handle legacy data. Should you migrate that data to the cloud, or leave it where it currently resides? If you move it, how do you handle older data formats? Can you move the data efficiently? If you leave it, how can you ensure the same information governance rules apply to all your data sets? Join this session to hear a panel of experts explore these questions and more.
Empowering Client Advocacy Through Data Analytics
Corporate litigants routinely face the challenge of right-sizing demands for data that far exceed what is needed or reasonable. In this session, we will demonstrate data analytics, negotiation and advocacy strategies that can empower clients and litigation counsel to enter eDiscovery negotiations armed with the right tools and information. Whether the goal is to prepare for negotiations or to build a reliable, data-driven record for judges hearing discovery motions, planning and preparation are key. This session will walk through real-life examples of the return-on-investment these advocacy strategies can deliver.
3:00 – 3:20 PM
3:20 – 4:20 PM
Discovery Technologies Deployed for Other Purposes in the Corporation
eDiscovery professionals are familiar with discovery tools that are used to identify, search, and filter data. Today, these tools are being used in diverse areas of the corporation that require data management, such as risk, compliance, human resources and records management. This session will discuss how discovery technologies are being used by corporations to enhance data management and provide a roadmap for expanded use of discovery technologies within the corporation. We will also provide guidance on how eDiscovery professionals can add value to their corporations by expanding the scope of their activities beyond litigation discovery.
Meet ESI 3.0: Alexa, Hey Siri, Ok Google & Autonomous Vehicles
Virtual assistants, such as Amazon Echo, Microsoft Cortana and Google Assistant, are always listening. Smart phones are tracking user locations. Cars integrate with phones and capture information from them. One day, those same cars will even drive themselves. This session will discuss these technologies, the information they gather, the security they provide and the associated implications for discovery in civil and criminal cases.
Yes, We Can: Office 365 Users Forum
As many organizations move to Office365, litigation practitioners have more and more questions about how best to manage data. Join this session with two of Microsoft’s Office365 product leaders, who will discuss solutions in the tool and answer questions for new and potential users.
Litigating Preservation & Production Scope Issues
Whether for responding or requesting parties, preservation and production scope disputes can be pivotal events along the road to a win or a loss. Reading all the preservation cases is a helpful start, but, instead of focusing only on preservation gone wrong, this panel will also discuss litigation techniques that can help win a preservation battle when the chips are down.
Alternative Fee Arrangements in eDiscovery
While everyone is familiar with alternative fee arrangements, especially as they pertain to contingent fees, are there alternative fee arrangements that work in the eDiscovery setting? Can the source of eDiscovery services, whether law firm or other outside service provider, have an efficient and profitable alternative fee arrangement that also benefits the client? This session will explore such arrangements in eDiscovery, including flat-rate fees, alternative rate and billing models, built-in eDiscovery services and data-driven pricing.
4:20 – 4:30 PM
4:30 – 5:30 PM
Closing Plenary Session
The ESI Crisis Tabletop Exercise
Sometimes in large litigation, things go wrong—whether in the form of a problem related to a government investigation or failed preservation in litigation proceedings. And, when things do go south, inside and outside counsel must cooperate and work together to determine what happened. Join this panel to learn how to successfully handle these issues in the context of an ESI crisis.
Schedule | SUMMIT DAY TWO
8:00 – 9:00 AM
Breakfast & Welcome Remarks
9:00 – 10:00 AM
Opening Plenary Session
EDI's Best: 10 Ideas You Can Take Home
While many eDiscovery conferences and lectures focus on academic and high-level thinking, this session provides a “real-life” look at the top ten tips and takeaways that in-house counsel can bring back home and implement.
10:00 – 10:20 AM
10:20 – 11:20 AM
Doing Innovation: Robot Lawyers, ALSPs and Law Firms, Oh My…
Everyone, it seems, is talking about innovation, but far fewer are doing it. This session will focus on the rapid advancements in processes and technology that forward-thinking corporations and law firms are employing today to procure and provide better, faster, and more cost-effective legal services that have traditionally been within the province of the law firm billable hour. Although the adage "people, process, and technology" is not new, the ubiquitous need for clients and counsel to do more with less—combined with the ascendancy of alternative legal service providers and the unrelenting march of technology—provides innovative individuals and organizations with a wealth of opportunities to effect truly disruptive change. This panel will discuss how these change-agents affect the delivery of legal services today, including real-world solutions from both law firm and corporate settings.
ESI & the Government: Through the Eyes of the Requesting Party
Large data holders struggle with the cost and burden of managing discovery and litigation response. Yet, requesting parties also seem to focus on the burden of locating evidence they need to prove their case—often creating a situation where neither party accomplishes its pre-litigation goals. Whether it’s the government or two large data holders in discovery against one another, parties can learn how to better manage the process while still advocating for their clients. Join this panel for a frank discussion about how to better work with a requesting party.
Rescoping Litigation Holds to Avoid Over-Preservation
After the 2015 Amendments to the Federal Rules of Civil Procedure took effect, courts have emphasized that preservation needs simply to be proportional. The interplay between FRCP 26(b)(1) and 37(e) provides the path to proportional preservation. Join this panel to learn how to manage preservation under the 2015 Amendments in an effort to audit your preservation and ensure that your compliance is consistent with the Amendments’ requirements.
Discovery Liaison: ESI Protocol, Protective Orders & the ESI Deposition
Although there are some holdouts, the use of TAR and other analytics is now widely accepted. Most of the arguments have turned from whether a party can use these technologies to how they are used. Yet, individual lawyers’ experience with ESI technology is widely varied, and unprepared counsel can put their clients at a disadvantage. An ESI liaison can help ameliorate that disadvantage and ensure that parties commit only to what is reasonable. This session will discuss the advantages and value of appointing an ESI Liaison.
11:20 – 11:40 AM
11:40 AM – 12:40 PM
Law Firm Security: How Safe Is Corporate Data at Law Firms, Vendors & Unknown Places?
Sophisticated clients increasingly demand that their law firms and outside service providers supply granular detail of their cybersecurity precautions as part of their RFP process and otherwise. Some are even conducting site visits to assess these representations. This panel will explore that trend with examples and discuss specific protections that organizations are instituting.
Implementing Centralized Discovery
Corporations are always looking for ways to increase efficiencies and lower costs across their litigation. One possibility is to implement centralized discovery [using a single law firm or provider] across all cases, eliminating redundancy efforts by multiple outside counsel billing on similar or pattern litigation matters. This panel will explore the implementation of centralized discovery to conduct and manage all aspects of discovery across an entire litigation portfolio. In so doing, the panel will identify the pros and cons of taking such an approach, in addition to detailing the best practices for implementing a centralized discovery initiative.
In-House eDiscovery Success Stories
In order to competently manage both outside counsel and vendors, in-house eDiscovery counsel must be familiar with advances in technology and the law. Given the increasing volume and source-variety of data, the complexity of eDiscovery solutions, and the changing legal landscape, the challenge to this undertaking is fraught with pitfalls. However, with increased complexity and importance come not just the opportunity for mistakes, but also the opportunity for success. This panel will touch upon real and enduring in-house success stories, with an eye toward how counsel can ensure continued success in eDiscovery.
Privacy regulations in Europe (and elsewhere) can pose serious dilemmas for companies operating internationally. How can cross-border litigation discovery compliance demands be met without running afoul of international privacy protections? The new European General Data Protection Regulation (GDPR), to become effective in May 2018, brings these dilemmas into sharp relief. The GDPR sets forth strict restrictions against transferring personal data to the US—with potential fines for a single violation amounting to the greater of € 20 million or 4% of a company’s worldwide gross revenue. Join this session to find out what other companies are doing, and what you can do, to avoid committing international privacy violations while still protecting your organization from discovery sanctions.
Addressing the Conflict Between Cross-Border Discovery & International Data Protection Rules
12:40 – 1:00 PM
1:00 – 2:00 PM
There has been a large volume of case law in the wake of the changes implemented under the 2015 Amendments to the Federal Rules of Civil Procedure. It is worthwhile for practitioners to understand the highlights and potential pitfalls in discovery jurisprudence. Come join this panel to hear from leading jurists on the current state of the union as it relates to discovery.