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8:00 – 8:30 am
8:30 – 9:00
9:00 – 9:50
Should employees trust that their IT and Legal Teams are capable of building, securing and managing systems that protect confidential data and communications? Should any individual, team, project or group be allowed to have complete privacy and security when working on corporate systems?
Thanks to Moore’s Law and the inevitable advancement of compute, End to End Encryption has emerged to give individuals and organizations the power to protect data and communications from service providers. End users don’t have to rely on their IT and Legal Teams to offer security and privacy, nor do they wait for guidance and process to be prepared. They just get work done.
Employees who need – or believe they need – real security adopt consumer end to end encrypted communications because they are more private, trusted and secure than corporate systems offered by old guard service providers like Microsoft, Cisco, Google and Slack. When adoption becomes significant, Corporate IT and Legal departments feel threatened by their inability to control and manage consumer products. As their employees rapidly adopt consumer products, they are faced with difficult questions that need to be answered in real time. The shifting digital enterprise is generating unknowns faster than legal and compliance can prepare for change.
Should they attempt to enforce policies prohibiting the use of messaging apps for business purposes? Is blocking encryption the path to employee trust or corporate data protection and control? Are consumer products a viable option for enterprise data protection? End to end encryption is a powerful tool that can be leveraged to build next generation products that provide security, compliance and control like never before. Trust can be built and managed, but only if organizations are prepared to innovate. If you do care about employee trust … then what are you prepared to do?
9:50 – 10:00
10:00 – 11:00
Tessa Jacob, Aneesh Mehta, Adam Platt, Michael Burg
New technology platforms are transforming how we work. The promise to improve efficiency, productivity, and even employee satisfaction, is alluring. But how do these new technologies impact security, information governance, privacy, and discovery? This panel will discuss how their companies evaluate new technologies, establish new policies, and enforce proper use when faced with fast-paced changes in technologies. We will also learn how the panelists educate their in-house and outside legal teams on these changing technologies.
Brett Tarr, Lisa Ripley, Tom Morrissey, Mira Edelman
This session will address the practical challenges and best-practice approaches for Information Governance (IG). One of the greatest challenges many face is how to achieve buy-in for implementing effective IG practices across your organization. We’ll discuss how to form and manage IG committees and task forces with representation from multiple, dispersed departments, including developing the role of Chief Information Governance Officer (CIGO). We’ll also tackle how to manage data across large numbers of repositories without integration or unified governance in place. Often the best you can do is manage what you can and “policy” the rest. We’ll provide tools for tackling these and other complex problems. Finally, we’ll help guide you in navigating the growing and complex regulatory environment under conditions of uncertain and shifting legal requirements, inconsistent enforcement, and overlapping jurisdictions.
Gary Marchant
This session will provide an overview of new technologies that are being introduced as different industries continue to innovate. Learn how some of these technologies are starting to be introduced in litigation and ultimately disrupting eDiscovery.
11:00 – 11:30
11:30 – 12:30
Mark Sidoti, Lea Bays, Hon. Xavier Rodriguez, Daniel Christensen
In this shared data society, companies in litigation and their counsel are being confronted more frequently than ever with issues of third party data possession, custody and control. Whether from the standpoint of gathering and producing responsive data, or locating an adversary’s information, third party sources and decisions about who “possesses” the data regularly come into play. This panel will discuss some of the challenges presented by third party data, including the various definitions of “possession, custody and control” across jurisdictions, litigation hold approaches with third parties, and meet and confer strategies that target these issues.
Maura Grossman, Jeannine Kenney, Hon. Kristen L. Mix
With the increasing complexity of eDiscovery processes and limited judicial resources, an eDiscovery special master can be a valuable asset to litigants and the court in resolving disputes and avoiding the costs and delays in discovery-related motions practice. Yet there are can be also be drawbacks in using them. What exactly is an eDiscovery special master and when does it make sense to engage one? What qualifications should you look for and how do you pick the right one? What are the various roles a special master can play and are there potential downsides you should consider? How is the special master’s role determined to ensure they are meeting the needs of both the parties and the court? Join this interactive discussion about strategies and best practices for employing an eDiscovery Special Master in your cases.
12:30 – 1:30 pm
1:45 – 2:45
Daniel Christensen, Scott Uthe, Michael Burg, K Royal
Despite increased interest in data protection, the US faces a patchwork of legal paradigms governing the privacy of personal information. While SCOTUS has recognized that the Constitution provides threads of privacy protection, these rights generally guard against government intrusion and do little to prevent private actors from abusing privacy rights online. Federal sectoral data protection primarily regulates only certain industries and subcategories of personal information. In contrast, some states have enacted more comprehensive data protection legislation, but some critics argue that state privacy laws will create an increasingly complicated data protection quilt of overlapping and uneven regulations. With the federal government focused on other initiatives and distractions, there seems to be no consensus as to what role the federal government should play, and any federal efforts will likely implicate legal concerns such as preemption and standing. What will this Amazing Technicolor Dreamcoat of US privacy end up looking like?
2:45 – 3:00
3:00 – 4:00
Kelly Griffith, Mark Sidoti, Alex Goth, Adam Platt
While it’s true that e-discovery processes are rarely (if ever) “one size fits all,” that doesn’t mean that counsel and clients must start from scratch in each case. Thoughtfully developing standard, customizable processes can go a long way toward minimizing costs and maximizing the efficiency (and quality) of your e-discovery process. This panel will discuss several areas in which forms, checklists, and other SOPs can benefit organizational clients and counsel.
Ronald Hedges, Anne Kershaw
It has been eight years since the comments to the ABA Model Rules of Professional Conduct were revised to require attorney competence regarding the benefits and risks of technology. But what does it mean to be a competent attorney with respect to electronic discovery today? What ethical duties do attorneys owe to the courts and their opposing counsel when new facts are revealed during a large document review or when agreed-upon key word searches miss relevant material? What duties do attorneys owe to their clients when reviewing documents on an airplane or in a ride-share? This session will explore these important questions and other ethical dilemmas facing litigators today.
4:00 – 4:30
4:30 – 5:30
Mira Edelman, Tom Morrissey, Joel Wallenstrom, Alex Ponce de Leon
Innovation in workplace technology is constantly evolving to provide new platforms and methods for companies to run day-to-day business operations, collaborate cross-functionally, and communicate with business partners, customers, and indeed the world at large. Today, business decisions are made over WhatsApp and WeChat, projects are planned in four-dimensional models and workflows are maintained in structured databases, many of which are managed and secured by third parties. What are the implications to legal departments when it comes time to identify, preserve, collect and produce sources of relevant ESI in novel environments? What can legal departments do when critical business functions and confidential workflows exist outside the control of their IT department and outside their capability to monitor and/or discover.
5:30 – 7:30 pm
8:00-9:00 am
9:00 – 9:50
A judge will address the difficult issues a judge may encounter in the near future when disputes arise about AI, ephemeral apps, blockchain, the Internet of Things, changes in data privacy laws, proportionality, etc.
9:50 – 10:00
10:00 -11:00
Kelly Griffith, Anne Kershaw, Tessa Jacob, Maura Grossman
Like most eDiscovery issues, search is not a one-size-fits all task, and the tools available to counsel are, at times, marketed as limitless. From keyword search to TAR, and in situ search and analysis, the panelists will discuss various search tools and the contexts in which each strategy may be most effective. Along the way, the panelists will demystify some of the terms surrounding search to help counsel better understand the search options available to them and to their clients.
Niloy Ray, Robert Brownstone, Hon. Xavier Rodriguez, Christopher Almaraz
This lively, interactive session will address many of the best practices in securing sensitive data collected, ingested, produced and received in eDiscovery. Takeaways will conclude practical tips as to:
Omar Haroun, Brett Tarr, Richard Lutkus
Legal privilege, access to one’s data, and the expectation of privacy: these are the three rights consumers have come to expect as the information economy explodes. In this discussion, a panel of AI innovators and expert litigators examine the close links between all three rights, and how technology designed for privilege review could be a major breakthrough for access and privacy. You’ll leave this panel with a better understanding of how AI can help you, beyond TAR.
11:00 – 11:30
11:30 -12:30 pm
Michael Arkfeld (moderator), Hon. Joy Conti, Hon. Dominic Lanza, Hon. Kristen L. Mix, Hon. Xavier Rodriguez
Over 13 years ago the Federal Rules of Civil Procedure were amended to include rules pertaining to the discovery of electronic information. These rules were amended once again in 2015 in several key areas. The judges will address the following questions:
12:30 – 1:30
1:45 – 2:45
Hon. Joy Conti, Niloy Ray, Lea Bays
All discovery is e-discovery these days, so parties are increasingly entering into agreements or protocols governing the production of ESI. This panel will discuss the benefits of an ESI protocol, what topics are often included in a protocol, and highlight some of the oft-disputed topics in negotiating a protocol. Via mock negotiations, the panelists will provide insight into requesting- and producing-party viewpoints along with a healthy dose of judicial intervention.
Jenner Holden, Tina Thorstenson, Sarah Erickson-Muschko
Cybersecurity is an increasingly critical consideration for a wide range of businesses and organizations. Implementing and maintaining an effective cybersecurity program requires bringing together a variety of stakeholders to balance legal, technical, and practical considerations. This session will provide an interactive forum to discuss those considerations and their application to compliance, incident response, government investigations, litigation, and more. Our panelists will draw on their experiences as outside counsel and in-house security leaders to help explore how to find real-world solutions to the important questions in this area.
Jay Carpenter
Blockchain is the Internet of exchange. Join this session to get a great introduction to the realm of decentralization and blockchain technology. You will have the opportunity to be hands-on and build a blockchain during this session as you learn how this emerging technology will impact eDiscovery.
2:45 – 3:00
3:00 – 4:00
Ronald Hedges, Hon. Dominic Lanza, Bruce Pixley
New sources of electronically stored information appear on a seemingly daily basis. These new sources, alongside “traditional” sources, present challenges for attorneys and judges who must address questions of authentication and, more broadly, admissibility. This panel will discuss new or recently-adopted evidence rules, address the admissibility of social media and websites, and suggest strategies for lawyers who argue for and against admissibility of these and other sources.
Robert Brownstone, Joe Gervais, Matthew Todd, Daniel Christensen
As AI increases its role in day to day activities, a myriad of concerns has arisen. This panel will tackle many of the hot-button issues identified to date, including:
Stanley Friedman
Finance Law does not have to be complex. In this session, you will learn the basics of how accountants think and work and where the potential evidence may be hidden.
4:00 – 4:15
4:15 – 5:15
Come earn ethics credit as we learn about ethical considerations in eDiscovery in what has become an ASU-Arkfeld tradition and always a crowd favorite.
Up to 12 CLE credit hours available
*Ethics CLE Credit: up to 2 hours available
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