1. Fresh Strategies from
eDiscovery Experts:
BECHTEL CORPORATION
CISCO SYSTEMS, INC.
DEL MONTE FOODS COMPANY
FEDERAL TRADE COMMISSION
Examining eDiscovery Issues from Legal, IT, GOOGLE, INC.
Compliance & Records Management Perspectives INTEL CORPORATION
KRAFT FOODS
April 27-29, 2009 • Le Meridien San Francisco
LEHMAN BROTHERS HOLDINGS
San Francisco, CA INC.
Hear from the leading eDiscovery law firms, in-house LOCKHEED MARTIN
experts, government officials, judges and software CORPORATION
vendors on the key issues including:
MCDONALD'S CORPORATION
Exploring eDiscovery solutions Best practices for systemized
• •
PACTIV CORPORATION
while minimizing costs keyword searches
PURDUE PHARMA LP
Strategic approaches to record Dealing with data security and
• •
management privacy laws when conducting
RAND INSTITUTE FOR CIVIL
eDiscovery
JUSTICE (ICJ)
Document review outsourcing
•
eDiscovery in large, complex
•
SAMSUNG ELECTRONICS
eDiscovery readiness planning: litigation
•
AMERICA, INC.
How corporate law departments
are dealing with ediscovery The future of eDiscovery
•
SAN FRANCISCO SUPERIOR
COURT
Comparing in-house vs. outsourced
•
ediscovery management
TYCO INTERNATIONAL
(US) INC.
The judicial perspective
•
PLUS: Earn CLE SUN MICROSYSTEMS, INC.
Protecting the attorney-client
•
credits by attending!
privilege: Federal Rule of TIVO INC.
Evidence 502
U.S. DEPARTMENT OF JUSTICE,
ANTITRUST DIVISION
Sponsors:
U.S. DISTRICT COURT, DISTRICT
OF MASSACHUSETTS
U.S. DISTRICT COURT,
NORTHERN DISTRICT OF
CALIFORNIA
Media Partners:
U.S. DISTRICT COURT,
SOUTHERN DISTRICT OF NEW
YORK
To register call: 416-597-4727 or email daniel.toth@iqpc.com VERIZON COMMUNICATIONS
2. We would like to thank
our advisory board
members:
Edward Rippey, Partner COVINGTON
& BURLING LLP
Albert Barsocchini, Assistant General
Counsel, GUIDANCE SOFTWARE INC.
Keith Lipman, Director, Legal
Solutions, INTERWOVEN, INC.
Dear Colleague:
David H. Schultz, Manager, Legal
Cost, cost, cost. The current econ
Technologies Consulting (Western omic climate is forcing companies
to look
for ways to cut expenses whereve
United States), KROLL ONTRACK r possible. Proactive eDiscovery solu
tions
are expensive but what is the alter
native? You can’t afford to ignore
US Magistrate Judge Andrew Peck, the
problem until faced with a litigation
hold. So what are your options?
U.S. DISTRICT COURT, SOUTHERN
DISTRICT OF NEW YORK At IQPC’s 7TH eDiscovery conferen
ce, the top executives/visionaries from
all
facets of the industry will reveal thei
Patrick Oot, Director of Electronic r strategies for managing the chal
lenges
of eDiscovery.
Discovery & Senior Litigation Counsel,
VERIZON COMMUNICATIONS
Hear from:
In-house corporate counsel discussin
•
g their best practices for meeting
the
challenges of managing electronicall
Who Will Attend? y stored information while also
managing the associated costs
In-House Counsel Partners from leading law firms offe
• •
ring their views on eDiscovery
Leading software vendors showcasin
General Counsel •
•
g the various solutions available
Judges and government officials offe
•
Senior Counsel
•
ring their perspective on emerging
issues as well as pinpointing their
VP Legal expectations
•
Chief Legal Officers
•
At this conference, you will learn:
Director of Legal Affairs
•
Proactive strategies for record man
•
agement: Storing ESI properly in the
Chief Technology Officers first
can save you a lot of time and mon
•
ey in the long run
What are the latest global privacy
IT Professionals •
•
issues, data security laws and regu
lations
you need to be aware of
Compliance Managers
•
How to manage the explosion of
•
corporate email and e-data
Records/Document Managers
•
Specific cost control options: Outsour
•
cing legal review, reviewing softwar
Chief Information Officers
•
e
options, using temps in-house
Directors of eDiscovery
•
The benefits of educating in-house
•
counsel to manage eDiscovery
Litigation Support Personnel What exactly is expected by the judic
• •
ial side
Cutting edge software solutions
•
Litigators
•
What the future of new technolo
•
Outside Counsel Specializing In: gies and web 2.0 will mean for your
eDiscovery process
Litigation
•
eDiscovery
•
IQPC’s 7TH eDiscovery conference build
s on the overwhelming success of
Compliance
•
our
series of eDiscovery events. We orga
nize large-scale legal eDiscovery even
ts
annually; New York in December
Computer Forensic
•
and this one on the West Coast in
April.
Legal Technology
•
These events are well-know industry-
Judges
•
leading events, bringing together
corporate counsels, judges, governm
ent officials, leading law firms, soft
And more!
•
ware
vendors and other solution provider
s to discuss the challenges of eDis
covery
and the best practices for meeting
those challenges.
Earn CLE credits: We look forward to welcoming you
to San Francisco and the 7TH eDiscove
ry
conference.
IQPC will seek CLE accreditation in those
states requested by registrants (post Sincerely,
conference) which have continuing
education requirements. This is subject
P Don forget to sign up
.S. ’t
to the rules, regulations and restrictions
for the comprehensive
dictated by each individual state
pre-conference workshops.
organization. Application for
Lisa Ringlen
accreditation of this course or program
Se e page 5 for more
Senior Conference Director
in all CLE approved states is currently
IQPC, Inc. information.
pending. For Financial Aid Policy
information and to request CLE credits,
please indicate so when calling to
register: 1-800-882-8684, or on the
online registration form.
To register call: 416-597-4727 or email daniel.toth@iqpc.com
2
3. Main Conference Day ONE TUESDAY, APRIL 28, 2009
Registration and Coffee Where’s the best place to start? What investments give you the best return
7:15 •
and deliver the greatest impact?
Opening Remarks • What challenges are you facing with international cases and how are you
8:00
meeting those challenges?
Day One Chair: Brian H. Karney, Chief Operating
• What have you learned over the past year to make you more prepared for
Officer, ACCESSDATA CORPORATION
potential litigation?
Exploring eDiscovery Solutions While Minimizing Costs Panel Leader:
8:15
Steve Fink, Advanced Solutions Development, HP INFORMATION
How can you cut down on the costs of reviewing massive amounts of
MANAGEMENT SOFTWARE
documents?
Panelists:
• Vendor management
Theresa Beaumont, Discovery Counsel, GOOGLE, INC.
• Use of different software options to review docs
Tanya Hunter, Director of eDiscovery, INTEL CORPORATION
• Using technology to streamline discovery & reduce costs
Larry Denny, Associate General Counsel & Sr. Director, TIVO, INC.
• Reducing the cost of eDiscovery through automated processes
• Using temps: What is the downside?
Networking Luncheon
1:00
• Off-shoring: Outsourcing document review to India and other
countries
Comparing In-House Vs. Outsourced eDiscovery Management
2:00
• Use of stipulations and negotiations to limit scope of eDiscovery
One of the major challenges facing many corporations right now is the
• Use of targeted ESI collections to reduce processing and review costs
decision to either invest in internal IT or use outside consultants/ specialty
Panel Leader:
firms. What is the best option for your organization? Why?
Michael Duffy, Vice President, Legal Services, MINDCREST
• Making the case for in-sourcing litigation technology: What are the
Panelists:
benefits?
Karla Wehbe, Information Resources Manager, BECHTEL
• Which option will save you time and money over the long run?
CORPORATION
• Managing an eDiscovery team in house
Gene Stavrou, Associate Director of Records Management, KRAFT
• Collaboration between in-house and outside counsel: Managing the
FOODS
relationship; what are the roles of each?
Mary L. Smith, Partner, SCHOEMAN, UPDIKE & KAUFMAN LLP and
• Exploring in-house vs. outside models
Former Senior Litigation Counsel, TYCO INTERNATIONAL (US) INC.
Mark E. Michels, Managing Attorney, CISCO SYSTEMS, INC.
Strategic Approaches To Record Management Patrick Oot, Director of Electronic Discovery & Senior Litigation
9:15
Counsel, VERIZON COMMUNICATIONS
How you store and manage documents and other electronic
information in the first place can have a big impact on how much time
The Judicial Perspective
3:00
and effort you will need to expend in recalling that information. With
Hear from a panel of judges at the federal and state level
the explosion of corporate email, instant messages and text messages,
• What exactly do they expect?
how are corporations dealing with the need for e-storage space? As the
• In a post-Qualcomm patent infringement case world, what is the baseline
amount of e-data continues to grow, more time will be required to
for eDiscovery?
search. What can your corporation do ahead of time to ensure the data
• Judicial case law trends
is available and accessible?
Honorable Richard Kramer, State Judge, SAN FRANCISCO SUPERIOR
• Exploration of retention and purge policies and how to best
COURT
implement them
Honorable Robert B. Collings, US Magistrate Judge, U.S. DISTRICT
• The impact of thorough information management on eDiscovery
COURT, DISTRICT OF MASSACHUSETTS
• How to better other processes (i.e. records management, enterprise content
Honorable Elizabeth D. Laporte, US Magistrate Judge, U.S. DISTRICT
management) in-house to more cost effectively manage eDiscovery
COURT, NORTHERN DISTRICT OF CALIFORNIA
• Auditing and enforcing compliance in a systemized repeatable fashion
Honorable Andrew J. Peck, US Magistrate Judge, U.S. DISTRICT
• Record retention requirements and issues with searching voice
COURT, SOUTHERN DISTRICT OF NEW YORK
recording tapes and recorded conference calls
• Migration into an RM system
Networking Break
4:00
• Best practices for data retention and litigation hold policies
Cheryl Strom, Sr. Manager, Records Information Management,
Government Officials Sound Off On eDiscovery
4:30
MCDONALD'S CORPORATION
Here from the FTC, DOJ, and other government agencies regarding the state
Deirdre Brekke, Assistant General Counsel, PACTIV CORPORATION
of litigation compliance.
Hanifa A. Baporia, Assistant General Counsel, SUN
• Where is litigation going?
MICROSYSTEMS, INC.
• Problem areas
10:15 Networking Break • Responding to government investigation
David C. Shonka, Principal Deputy General Counsel, FEDERAL TRADE
11:00 Document Review Outsourcing COMMISSION
Tracy Greer, Trial Attorney, Networks & Technology Enforcement
Join our panel discussion on the ins and outs, nears and fars, of
Section, U.S. DEPARTMENT OF JUSTICE, ANTITRUST DIVISION
document review. From outsourcing, off-shoring and near-shoring to
the recent bar association opinions; this panel will focus on challenges
The Legal And Economic Implications Of Electronic Discovery
5:30
and solutions to demystify document review outsourcing. Topics to be
Identifying the most important legal and economic implications of
included in the conversation are:
eDiscovery and evaluate how eDiscovery affects and is affected by
• ABA and other Bar association opinions
technology, costs, business practices, legal outcomes, and public policy.
• Outsourcing, off-shoring and near-shoring
• Current state of eDiscovery law
• Pricing models
• Impact of eDiscovery on litigation outcomes
• Budget accountability
• The costs of eDiscovery
• Scope management
• Forward-looking review of emerging technologies
• Drivers and resistors
• Evaluation of Federal Rules
Diane Barrasso, Principal, DELOITTE FINANCIAL
• Assessment of effects of eDiscovery on business practices
ADVISORY SERVICES LLP
Carrie Mallen, Owner, Director of Information Governance,
12:00 eDiscovery Readiness Planning: How Corporate Law EDISCOVERY RESPONSE TEAM
Departments Are Dealing with eDiscovery James N. Dertouzos, Senior Economist, RAND INSTITUTE FOR CIVIL
JUSTICE (ICJ)
Managing eDiscovery as part of your overall corporate governance
•
Kris Pribadi, Legal Consultant, KROLL ONTRACK, INC.
strategy
How are corporate law departments reconciling eDiscovery needs with
•
Networking Cocktail Hour
6:30
business needs?
Review of best corporate practices for managing eDiscovery, both
•
internally and through outsourcing
Funding: How do you get your organization to pay for it?
•
To register call: 416-597-4727 or email daniel.toth@iqpc.com
3
4. Main Conference Day TWO WEDNESDAY, APRIL 29, 2009
Registration and Coffee Best Practices For Systemized Keyword Searches
8:00 2:00
There have been several cases criticizing key word searches that were not
Opening Remarks & Day One Recap
8:30 well-explained to the court. Currently, there is a split on the ethical issue of
Albert Barsocchini, Senior Director and Assistant the standards for searching for metadata in materials produced in discovery.
General Counsel, GUIDANCE SOFTWARE, INC. • Creating a defensible search strategies for litigation
• Judicial criticism of keyword search: What exactly is acceptable?
Best Practices For Conducting A Privilege Review
8:45 • Comparing alternative search technology: clustering, Bayesian
A privilege review can be both expensive and risky if not done correctly. Classifiers, Taxonomies / Ontologies
Knowing the do’s and don’ts can help litigators avoid costly mistakes. Keith Lipman, Director, Legal Solutions, INTERWOVEN, INC.
• Creating privilege logs
Dealing With Data Security And Privacy Laws When
• Managing privilege reviews in global corporations: The challenges of 3:00
Conducting Ediscovery
disparate language and country
• Jurisdictional differences in log content Interplay between eDiscovery and data security laws: Implications of large scale
• Best practices eDiscovery cases and what happens when data security laws are violated.
• Judicial perspective • Overview of data privacy and security laws
Michelangelo Troisi, Senior Counsel & Director of Risk • How are international privacy laws impacting eDiscovery?
Management, SAMSUNG ELECTRONICS AMERICA, INC. • Different laws in different countries: How can you stay up-to-date on all
Honorable Andrew J. Peck, US Magistrate Judge, U.S. DISTRICT of them?
COURT, SOUTHERN DISTRICT OF NEW YORK • The challenge of educating in-house counsel
• Avoiding data breaches and IP theft
Protecting The Attorney-Client Privilege: Federal Rule Of
9:45 • How to mitigate the risk of lawsuits from data security breaches
Evidence 502 • Government laws (i.e. SS Protection Act, SB-1386) vs. commercial sector
Beyond the basics of the newly amended FRE 502: What specifically mandates (i.e. PCI DSS)
does it mean for your eDiscovery processes? David C. Shonka, Principal Deputy General Counsel, FEDERAL
• Privilege & inadvertent production waiver: Claw-backs and quick-peeks TRADE COMMISSION
• FRE 502 Amendments in relation to Victor Stanley Case
Networking Break
• Understanding the process of preventing waiver of privilege 3:45
Martin T. Tully, Partner, KATTEN MUCHIN ROSENMAN LLP
eDiscovery In Large, Complex Litigation
Cassandra George, Attorney, PURDUE PHARMA LP 4:15
Patrick Oot, Director of Electronic Discovery & Senior Litigation What are the keys to managing complex litigation including class action
•
Counsel, VERIZON COMMUNICATIONS cases?
• How to control costs
10:45 Networking Break • What to expect
Panel Leader:
11:15 eDiscovery In The Financial Sector Edward Rippey, Partner, COVINGTON & BURLING LLP
With financial Institutions cutting back on everything, how will they Panelists:
be able to maintain proper eDiscovery? Will we see a rash of Skye Lynn Perryman, Associate, COVINGTON & BURLING LLP
eDiscovery cases in the wake of down-and-out financial corporations? Michelangelo Troisi, Senior Counsel & Director of Risk
Gregory R. Witczak, Vice President & Director of eDiscovery, Management, SAMSUNG ELECTRONICS AMERICA, INC.
LEHMAN BROTHERS HOLDINGS INC.
The Future Of eDiscovery
5:15
12:15 The Pros And Cons Of Off-Shore Document Reviews Electronic means of communication and information sharing are in a constant
Sending your documents to India, Indonesia and other far-off destinations. state of development and advancement. What will new technologies mean to
• Legal and ethical concerns
your eDiscovery processes? How will increased corporate usage of all things
• Preserving corporate confidences and secrets when documents are
electronic impact your ability to manage, store, recall and process data and
shipped overseas for review ultimately impact your bottom line? This discussion will focus on some of the
• Exploring what options are available
issues you will be faced with in the future including instant messaging,
• Outsource agreements
texting, Web 2.0 and other emerging issues.
• Violation of the new European Union right to privacy Angeline G. Chen, Associate General Counsel, LOCKHEED MARTIN
Scott T. Rickman, Associate General Counsel, DEL MONTE FOODS CORPORATION
Kris Pribadi, Legal Consultant, KROLL ONTRACK, INC.
Networking Luncheon
1:00
Conference Concludes
6:15
About Our Sponsors
Founded in 1997, Guidance Software is recognized worldwide as the industry leader in AccessData has pioneered digital investigations for twenty years, providing the technology that
computer investigation solutions. Its EnCase® solutions provide the foundation for both empowers law enforcement, government agencies and corporations throughout the world to
law enforcement and corporate enterprise investigations that enable corporate, perform thorough computer investigations with speed and efficiency. AccessData's in-house
government and law enforcement agencies to conduct effective computer investigations of all types, respond eDiscovery solution enables organizations to preview, search for, analyze, process and forensically preserve only
promptly to eDiscovery requests, and conduct rapid and thorough internal investigations involving digital potentially relevant ESI in an automated and cost effective manner—all from a central location. Website:
evidence, all while maintaining the forensic integrity of the data. More than 20,000 investigators depend on www.accessdata.com
EnCase software, and nearly 4,000 investigators attend Guidance Software’s forensic methodology training
annually. Validated by numerous courts worldwide, EnCase is also frequently honored with top security awards Interwoven helps more than half of the Am Law 100 firms—as well as a number of Fortune
from eWEEK, SC Magazine, Network Computing and others. Website: www.guidancesoftware.com 500 corporations—significantly streamline and simplify eDiscovery with an “always on”
hosted service called Interwoven Discovery Mining.
HP is the world's largest technology company, with annual revenues of $104.3 billion. HP's Software Easy to use with nominal training
•
Division is the 5th largest software organization globally. HP's Information Management Software Sophisticated and interactive culling and filtering capabilities—gets you to more relevant data more rapidly
•
portfolio is expanding to help customers keep pace with exploding data and information Scalable to handle large volumes of electronically stored information
•
requirements. The HP Integrated Archive Platform is the only enterprise class total solution - including software, Advanced features to accelerate the review and assessment processes
•
hardware, and services to manage email, file, and databases, providing an essential foundation for electronic The Results: better outcomes with predictable timelines and costs. www.interwoven.com
discovery and regulatory compliance initiatives maximizing your IT investments. Website:www.hp.com/go/IMhub
Covington & Burling LLP represents clients in cutting-edge technology, litigation, white-collar
Deloitte Financial Advisory Services LLP defense, transactional, governmental affairs, international, life sciences and other matters. In
Deloitte Discovery responding to the needs and challenges of our clients, our lawyers draw upon the firm’s expertise and experience in a
In a complex business dispute or regulatory investigation, all companies face one broad array of industries to provide solutions to difficult, complex, and novel problems and issues, whether in litigation,
certainty: the discovery process. Whether you’re a litigation attorney at a law firm or in-house counsel at a transactions, or regulatory proceedings. www.cov.com
corporation, responding to a discovery request involves a myriad of complex requirements for proper data
collection, processing, hosting, review and production. The number of responsive documents can range from Katten Muchin Rosenman LLP is a full-service, national law firm with over 650 attorneys in more than
hundreds to millions, and each responsive, non-privileged document must be produced in an efficient, secure, 40 areas of practice. Katten's Electronic Discovery and Evidence Practice is comprised of experienced, “e-
easily accessible manner. To this end, Deloitte Discovery, a continuum of discovery services, helps counsel and savvy” Katten attorneys who strive to stay ahead of the curve with respect to the evolving law, best
companies control the costs and mitigate the risks associated with the discovery process. For more information practices, and technologies concerning a host of electronic discovery and evidence issues. The Practice's attorneys
on how Deloitte Discovery can streamline your discovery process email discovery@deloitte.com. advise and counsel clients on achieving and maintaining eDiscovery preparedness as well as navigating state and federal
www.deloitte.com/us/discovery court requirements and disputes regarding digital discovery and electronic evidence. www.kattenlaw.com
Kroll Ontrack provides technology-driven services and software to help legal, Mindcrest is a pioneer and leader in the offshore legal services area and the LPO of choice for
corporate and government entities as well as consumers recover, search, analyze, Fortune 500 corporations and top law firms. Established in 2001, Mindcrest has 475+ attorneys
produce and present data efficiently and cost-effectively. In addition to its award-winning suite of software, Kroll based in Chicago, Mumbai and Pune. Our comprehensive portfolio of services include document
Ontrack provides data recovery, advanced search, paper and electronic discovery, computer forensics, ESI review and management, contracts management, legal analytics, compliance and legal research. In addition, our deep
consulting, and trial consulting and presentation services. www.krollontrack.com domain expertise, mature delivery model, client focused approach, business philosophies and culture would make
4 Mindcrest the ideal partner to help leverage the onshore/offshore model.
6. International Quality & Productivity Center
REGISTRATION CARD 535 5th Avenue, 8th Floor
New York, NY 10017
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Hard-Hitting Strategies from
eDiscovery Experts:
BECHTEL CORPORATION
CISCO SYSTEMS, INC.
DEL MONTE FOODS COMPANY
FEDERAL TRADE COMMISSION
GOOGLE, INC.
INTEL CORPORATION
KRAFT FOODS
LEHMAN BROTHERS HOLDINGS INC.
LOCKHEED MARTIN CORPORATION
MCDONALD'S CORPORATION
PACTIV CORPORATION
PURDUE PHARMA LP
Examining eDiscovery Issues from Legal, IT, RAND INSTITUTE FOR CIVIL JUSTICE (ICJ)
Compliance & Records Management Perspectives SAMSUNG ELECTRONICS AMERICA, INC.
SAN FRANCISCO SUPERIOR COURT
TYCO INTERNATIONAL
(US) INC.
April 27-29, 2009 SUN MICROSYSTEMS, INC.
PLUS: Earn CLE TIVO INC.
Le Meridien San Francisco credits by attending! U.S. DEPARTMENT OF JUSTICE, ANTITRUST
DIVISION
San Francisco, CA U.S. DISTRICT COURT, DISTRICT OF
MASSACHUSETTS
U.S. DISTRICT COURT, NORTHERN DISTRICT
OF CALIFORNIA
Sponsors:
U.S. DISTRICT COURT, SOUTHERN DISTRICT
OF NEW YORK
VERIZON COMMUNICATIONS