Day 1 /  Wednesday, March 11

8:00 – 8:30 am

Check-in & Breakfast

8:30 – 9:00

Welcome Address

Michael Arkfeld, Founding Director

9:00 – 9:50

Technology Keynote

Joel Wallenstrom, CEO and President of Wickr

Do Your Employees Trust You?  Should They?  Do you Care?

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

Transition Break

10:00 – 11:00

Concurrent Sessions 1

eWork Place

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.

Challenges and Approaches in Information Governance

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.


Special Session Sponsored by Ipro

How Emerging Technologies Are Disrupting eDiscovery

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

Networking Break

11:30 – 12:30

Concurrent Sessions 2

Yours, Mine or Ours?: Understanding Possession, Custody, and Control of Electronic Data

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.

eDiscovery Special Masters: The Good, the Bad, and the Ugly

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

Plenary Session 1

U.S. Privacy Law: An Amazing Technicolor Dreamcoat

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

Transition Break

3:00 – 4:00

Concurrent Sessions 3

Forms, Checklists, and Documentation . . . Oh My!

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.

Ethics in eDiscovery*

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

Networking Break

4:30 – 5:30

Plenary Session 2

Emerging ESI: Focus on the Content, Not the Container

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

Conference Reception

Day 2 / Thursday, March 12

8:00-9:00 am

Check In & Breakfast

9:00 – 9:50

Judicial Keynote

Hon. Joy Conti, United States District Court Judge, Western District of Pennsylvania

Looking into a Crystal Ball—Future Challenges for Judges in E-discovery Disputes

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

Transition Break

10:00 -11:00

Concurrent Sessions 4

ESI Search Strategies: Determining What’s Right for Your Case

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.

Data Security Best Practices Throughout the eDiscovery Process

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:

  • WHO are the potentially affected entities and individuals – such as entities, customers/users, (ex-)employees, etc. – in the event of a data leak or breach?
  • WHAT are the key data-security and privacy-related provisions potentially warranting inclusion in protective orders, Case Management orders and eDiscovery protocols?
  • WHERE are the locations collected and produced data may travel, such that Data Protection Addenda would be needed upstream and downstream?
  • WHY might the ethical duties of confidentiality and competence be violated if counsel does not exhibit sound data-security practices?
  • WHEN are clients expecting that law firms to demonstrate compliance with data-security frameworks and in what contexts are clients increasingly requiring security audits of their counsel?
  • HOW can counsel do her/his best to avoid potential waivers of attorney-client privilege, attorney work-product protection, other privileges and privacy rights?
Special Session Sponsored by Text IQ

Beyond TAR: how new forms of AI are tackling sensitive data, from privilege review to PII and DSARs

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 

Networking Break

11:30 -12:30 pm

Plenary Session 3

The Judicial Perspective on Electronic Discovery!

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:

  • How have the data privacy laws of California and the General Data Protection Regulation (GDPR) affected eDiscovery matters?
  • What is the current state of the  eDiscovery bad behavior/sanctions environment?
  • Has amended FRCP 37(e) led to negligent/ sloppy behavior regarding the identification and preservation of ESI?
  • What are the current battles re current eDiscovery problems:
    • Email – auto-delete, proof of intent, etc.
    • Trade secrets and sealing records
    • Other
  • How has electronic discovery affected criminal law? Are defense counsel equipped to handle the substantial volume of electronically stored information?
  • Are the judiciary and attorneys ready for the immense impact of abusive artificial intelligence in our society? Dothe FRCP need to be amended again, in light of abusive artificial intelligence?

12:30 – 1:30


1:45 – 2:45

Concurrent Sessions 5

ESI Protocols – What Are They Good For?

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.

Cybersecurity: Legal, Technical, and Practical Considerations

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.

Special Session Sponsored by Ipro

Build a Blockchain

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

Transition Break

3:00 – 4:00

Concurrent Sessions 6

Evidentiary Issues – Authentication and New Rules

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.

Artificial Intelligences’ (AI’s) Potential for Misuses, Flaws, Security/Privacy Concerns and Employees’ Rights Violations?

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:

  • WHO should be involved in creating and auditing machine learning systems
  • WHAT are some of the most dangerous unintended failures of such systems?
  • WHERE are AI’s biggest data security risks?
  • WHY does AI seem incompatible with individuals’ rights granted by privacy laws such as the GDPR and CCPA?
  • WHEN are employees’ rights ostensibly violated by an employer’s use of AI?
Special Session Sponsored by Ipro

Financials and eDiscovery: A Primer for Non-Accountants

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

Transition Break

4:15 – 5:15

Plenary Session 4

Ethics Jeopardy!*

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