8:15-8:45 Registration/Breakfast
8:45-9:00 Welcome Remarks:
Robin E. Stewart (Kutak Rock LLP)
9:00-9:55 Negotiating Discovery: Obstacles and Pathways to Success
Discovery is rarely a zero-sum game; yet too often parties start discovery negotiations as if that were the case. Rule 1 of the Federal Rules of Civil Procedure was amended in 2015 to reflect that the parties, and their counsel, share the duty with the courts to ensure the “just, speedy, and inexpensive determination of every action and proceeding.” In this session we will explore the key issues to be addressed in a meet and confer, along with methods for approaching discovery negotiations as a cooperative endeavor and avoiding knock-down, drag out fights. Topics will include addressing proportionality and inaccessibility of ESI under Rule 26, preparing proper discovery requests and responses in accordance with Rule 34, requesting Rule 502(d) orders, and negotiating for discovery of ESI from non-traditional data sources, e.g., mobile device data, cloud data, structured data, and more.
Moderator: Eric Mandel (Driven)
Panelists: Brian D. Clark (Lockridge Grindal Nauen PLLP), Kemoy Foster (Swiss Re), Rachael Lee Zichella (Taylor English Duma LLP)
10:00-10:20 NeLI Talk: How Artificial Intelligence is Revolutionizing Managed Review
As you may have heard by now, artificial intelligence (AI) has revolutionized the legal profession just as it has done in finance, entertainment, healthcare, and manufacturing. This session will provide insight into how to utilize AI in managed review projects in order to lower costs and increase accuracy. Additionally, it will cover the requirements for a defensible review process, as well as provide tips on best practices to leverage technology to generate privilege logs.
Presenter: Neil Etheridge (CS Disco)
10:20-10:30 Break (10 mins)
10:30-11:25 Government Investigations Panel
The legal and regulatory landscape implicated in government investigations/matters has changed substantially in recent years. Whether adverse to state governments, prosecutors, or federal agencies, e-discovery in these matters has unique requirements and considerations. In this session, attorneys from the DOJ, FTC, CFTC and Missouri Attorney General’s Office share potential tips and best practices for handling discovery with their agencies. You will learn strategies to maximize the outcome for your company and your client.
Moderator: Tessa Jacob (Husch Blackwell LLP)
Panelists: Stephen Rodger (FTC, Bureau of Competition & Mergers), Tracy Greer (Sr. eDiscovery Counsel, U.S. Dept. of Justice, Antitrust Division), Jennifer Baumann (Chief Counsel, Litigation, Office of the Missouri Attorney General).
11:30-12:15 The Ins and Outs of eDiscovery
eDiscovery is just like every other process – what comes in must go out. This talk looks at both ends of the eDiscovery spectrum: how do you make sure everything you need gets in the door, and all the right stuff goes out? Actually, it’s pretty simple. We’ll look at the Sedona Guidelines for Legal Hold to make sure you capture all the right ESI. And then we’ll look at validation alternatives that you can use to ensure an adequate production. The best part? These techniques can be used for any review process in the middle, including technology-assisted review.
Presenter: Thomas C. Gricks III, (Catalyst)
12:15-12:30 pick up lunch (15 minute break)
12:30-1:25 Mock Hearing: Lynyrd Skynyrd v. Python
It takes a large team to make a biopic of a rocker as legendary as Lynyrd Skynyrd. In this dispute, Skynyrd sold his movie rights to film director Steven Python. Python was to make a movie depicting Skynyrd’s life. Two years into the project, Python and his team had yet to produce even a single frame of film. Convinced that Python is lying about the hours spent creating the non-existent movie, Skynyrd filed an action in federal court alleging causes of action for fraud and breach of contract. Python alleges that he had his former assistant, Jen, track all of the time spent on the film (for study by future film students, of course). Jen logged the daily film schedule using an industry proprietary app called CalendarRocksapp, which she had downloaded to her mobile device. Unfortunately, Python fired his assistant just as relations with Skynyrd were breaking down. The user license for the CalendarRocks app was purchased with the Python Co. credit card (and expensed through Skynyrd’s account). Jen’s company email was terminated the day of her firing, which occurred a week ago. The CalendarRocksapp license allows Jen to have access to the logged data for just two weeks past the termination date of her company email account. Jen, still upset from her firing, claims to have forgotten the CalendarRocks password and has no incentive to try and help Python defeat the litigation brought against him by Skynyrd. Counsel for the Parties have rushed into court for an emergency hearing in order to determine: Who owns the data (Jen, Python Co., the app company)?, Who is obligated to preserve it (Jen, Python Co., the app company)?, Who is responsible for collecting it and how (e.g. will a third party subpoena work? If so, how does one get around the short amount of time before potential deletion occurs)?, What can be done if the only way to access the data is through Jen’s personal mobile device? Answers to these questions and the ability to obtain this important data will either vindicate or sink Skynyrd’s action against Python.
Advocates: Edward H. Rippey (Covington & Burling, LLP), Jonathan Sablone (Nixon Peabody LLP)
Presiding Judge: Andrew J. Peck (DLA Piper, LLP) (Magistrate Judge, U.S.D.C. S.D. N.Y.)(ret.)
1:30-1:50 NeLI Talk: Breaking Free: Dynamic Discovery & Governance of Cloud-Based Data
An array of emerging digital sources are now used inside organizations around the globe. These include chat and instant messaging applications, collaboration tools such as Slack, social media and cloud-based platforms. Given the proliferation of app-based data, many companies struggle to manage these new forms of data. Complexity is added to these issues as third parties typically host the data, but lack standard export workflows or preservation policies, making it difficult to obtain, quantify or assess. Further, few eDiscovery applications enable legal teams to organize or review such data in context with other information. Sean will explain the various ways to handle this type of new data. Discussion points will include: technology that enables easier connections to new data sources; how analytics can help make sense of this new data; how to marry the metadata within this new data to gain a 360-degree view into the matter; and, how to integrate all of these activities into an efficient discovery workflow.
Presenter: Sean Kelly (FTI Consulting)
1:50-2:00 Break (10 mins)
2:00-3:35 Judicial Panel: The Court Speaks
These outspoken judges will provide insight from the bench as they address the latest eDiscovery developments and ethical issues surrounding the discovery process. This is a rare opportunity to have these judicial influencers from around the nation gathered together to lead a conversation on key eDiscovery issues. Bring your questions as this panel is eager to provide insight that may save you or your client from engaging in a costly mistake.
Moderator: Andrew J. Peck (DLA Piper, LLP) (Magistrate Judge, U.S.D.C. S.D. N.Y.)(ret.)
Panelists: Hon. James O’Hara (U.S.D.C. Dist. Kan.), Hon. Janette Rodecap (16th Circuit Court, Jackson County, Missouri), Hon. Xavier Rodriguez (U.S.D.C. W.D. TX.); Mark J. Bennett (Drake University)(Judge, U.S.D.C. N.D. Iowa)(ret.); Hon. Shawn Womack (Arkansas Supreme Court).
3:30-3:40 Break (10 mins)
3:40-4:35 In-House Counsel Panel
In-house counsel face challenges on a daily basis, which range from business strategy and support to litigation budgeting and discovery management. This panel will touch on each of these and more. Panel participants will discuss real world examples and provide the audience with practical solutions to address these challenges.
Moderator: Jason Ward (Shook, Hardy & Bacon L.L.P.)
Panelists: Amy Sellars (Walmart); Tracey Garland Vinson (Bayer U.S.) Anastasia Wagner (Railroad Union Pacific), Kemoy Foster (Swiss Re).
4:40-5:00 NeLI Talk: What’s in your Smartphone? Deletion Does Not Make it Disappear
Your web browser history may be used against you in a court of law and, if that happens, OpenText EnCase is likely to be used to forensically collect your data. Our phones, laptops, smartwatches, Alexa devices, and more are all sources of data that may be relevant and admissible in a lawsuit or investigation. The data stored on these devices—from emails and text messages to settings and EXIF data—all tell the story of our life and advanced collection technology can help you as a lawyer or investigator uncover the pieces of that story. Join this talk to learn more about digital forensics, how much information can be retrieved off your phones, and how different solutions enable rapid fact investigation.
Presenter: Adam Kuhn (Open Text)
5:00-5:15 Closing Remarks: Robin E. Stewart (Kutak Rock LLP)
5:15-6:15 Final Giveaways and Cocktail Reception
