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Programs in E-Discovery



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How Do You Solve a Problem Like E-mail?

Program Number: 2903 Presenter: Therese Craparo, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** For years, e-mail has been both a vital communications tool and a growing liability for many organizations. While e-mail may contain critical business records and data subject to legal hold, years of lax management, exponentially increasing volumes, and changing or aging e-mail systems present significant cyber-security, data privacy, litigation and operational risks. And with the advent of technology platforms that allow for more sophisticated indexing and analysis of data, including Microsoft 365, cleaning-up historical e-mail and developing processes that leverage new technology will be transformative for e-mail risk management. This program will review strategies for managing the risks associated with e-mail, including retention, Records categorization, legal hold implementation, auto-disposal, and centralization and will review case studies on: (i) the use of record classification technology to categorize 1.5 billion e-mail messages; (

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Cross-Border Discovery After the GDPR

Program Number: 2855 Presenter: David R. Cohen, Partner

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The new European General Data Protection Regulation imposes strict restrictions on the processing, transfer and retention of documents containing information about European data subjects. Violations of the GDPR, even if only to comply with U.S. discovery obligations, can be met with fines of up to 20 Million Euro, or 4% of a company's world-wide gross revenue. So what should companies do when faced with discovery obligations relating to data located in Europe or concerning European data subjects? Is there any middle ground to comply with both U.S. and European law? This program will cover key parts of the GDPR and options for compliance.

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New and Emerging Data Challenges

Program Number: 2849 Presenter: Jason Paroff, Sagi Sam

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The way we communicate and conduct business is evolving rapidly, and eDiscovery must be able to track and support varied methods of communication. Emerging data types such as audio files, company chats, and mobile notation applications, create challenges for e-discovery groups, including their ability to preserve, collect and analyze it all. Discovery can be greatly expedited with technologies and use of an outside party. Modern eDiscovery teams in the financial sector should understand what types of data are emerging, how to choose technology for review and interpretation, and when to seek third-party help. During this 60-minute program, our panelists will discuss: • What e-discovery and legal professionals in the financial sector are identifying as new and emerging data types, and how to treat and analyze them • Proactive steps e-discovery

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Protecting Privilege Before and After a Cyber Breach

Program Number: 2846 Presenter: Robert W. Anderson, Esq., Eric B. Levine, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** One of the most important things a company/firm can do is to regularly conduct an investigation to understand what its cybersecurity defense weaknesses and vulnerabilities may be. Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege. The overriding principle of using privilege is straightforward: to protect your organizations Investigation and breach response efforts from usage by third parties or regulatory agencies in Litigation arising from a breach.

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Recent Amendments to the Federal Rules of Civil Procedure and the Mandatory Initial Discovery Pilot Program: Navigating the New 2017 Rules and Procedures

Program Number: 2738 Presenter: Megan Lopp Mathias, Esq.

In this important program for in-house and outside counsel and litigators, Megan Mathias provides an overview of recent 2017 amendments to the Federal Rules of Civil Procedure and discusses the Mandatory Initial Discovery Pilot (MIDP) Program which has commenced in the Northern District of Illinois and the District of Arizona. The MIDP changes, in a significant way, the mandatory disclosures required of parties early in the litigation, and failure to follow the requirements can have major implications for your client.

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Lawyer Use of Social Media: Latest Developments in Ethics Guidelines and Practical Advice

Program Number: 2649 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett, Park Jensen Bennett LLP, covers the latest ethical issues and authorities in a lawyer’s use of social media, including: advertising/endorsements; unauthorized practice of law; client/witness contacts via social media; and discovery of social media. Ethics authorities covered include ABA Model Rules 1.1 (competence); 1.8 (conflicts); 5.5 (jurisdiction limits); 7.3 (solicitation); and 7.4 (specialization), as well as Social Media Guidelines of NYSBA Commercial and Federal Litigation Section (2015).

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The Federal Rules of Civil Procedure a Year Later: The Latest Decisions and Other Developments

Program Number: 2644 Presenter: Ashley Heintz, Carmen G. McLean, Esq.

Join Carmen McLean and Ashley Heintz of Jones Day as they discuss the impacts of the Federal Rules of Civil Procedure that took effect on December 1, 2015 on discovery strategies and synthesize the courts’ applications and interpretations of the new rules over the course of the year. Topics include: • what you need to consider in requesting or opposing discovery in light of Rule 26(b)’s new proportionality factors; • whether you are being specific enough in your objections and responses to requests for production under new Rule 34(b); and • what you need to know, and what courts are focusing on, in addressing spoliation under new Rule 37(e).

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