DAY ONE DAY TWO COURSE MATERIAL
(Central Standard Time)
Check-in and Breakfast
Welcome and Opening Remarks
Government Matters
When your company or client is part of a Government investigation or involved in litigation with the Government, the stakes are high and the strategies for handling responses and discovery in these matters often have unique challenges and considerations. In this session, attorneys from the DOJ, FTC and EEOC will discuss tips and best practices for responding to Government subpoenas and handling discovery with their agencies.
Moderator: Tessa K. Jacob (Husch Blackwell)
Presenters: Maria Salacuse: (EEOC), Daniel Lim: (DOJ), Stephen Rodger: (FTC)
NeLI Talk: Rethinking People, Process, and Technology in Document Review and Investigation (Doing things differently... and better... today!)
As we race to integrate bleeding edge technology into the document review and investigation space, one certainty persists -- the solution will always amount to some combination of people, process, and technology. Join OpenText's Tom Gricks as he details three techniques for coordinating all three components to significantly improve review and investigation efficiency and effectiveness today.
Presenter: Tom Gricks (OpenText)
Networking Break
The Artificial Lawyer: What You Need to Know About AI, Generative AI, and Bias
Using plain English, Maura Grossman, a renowned thought leader in the use of Artificial Intelligence (AI) will discuss how bias plays a role when using AI both within and outside of the legal profession, including with the use of generative AI. She will address the impact of bias on the data, algorithms, and the people who collect, develop, interpret, and use them. Bias in AI is not always sufficiently considered, yet it is prevalent with the use of AI. Given the rise in use AI, especially with Chat GPT, this is an important and timely session. Come armed with your questions!
Presenter: Maura Grossman
Networking Break/Grab Lunch (provided)
Mock Hearing
Judge Xavier Rodriguez will preside over a mock hearing argued by seasoned litigators involving novel eDiscovery issues -- including AI, ephemeral messaging, and sanctions -- that can arise in litigations in a wide range of industries. The arguments made will educate attendees on the various nuances that eDiscovery presents and arguments to make for both sides of an issue.
Judge: Xavier Rodriguez (WD TX, sitting on special assignment in the U.S.D.C. of NeLI)
Advocates: Robin E. Perkins (Kutak Rock) & Edward H. Rippey (Covington & Burling)
Networking Break
The Judges’ Debate Each Other-Audience Chooses the Winner
Judges pair off against each other and debate several thorny eDiscovery matters. This will allow you to hear both sides of the issue. You decide the winner!
Moderator: John Pappas
Advocate Judges: Hon. Xavier Rodriguez (USDC W.D. TX.), Hon. Willie Epps, Jr. (USDC W.D. MO.), Hon. Noelle Collins (USDC E.D. MO.), Hon. Young Kim (N.D. IL.), Hon. Angel Mitchell (USDC Dist. Kan.), Hon. Allison Goddard (USDC S.D. CA.), Hon. Andrew Peck (ret. USDC S.D. NY; DLA Piper), and likely more.
Networking Break
3:10 p.m. - 3:30 p.m. NeLI Talk: Waze to Collect Forensically: It Depends
Learn about the latest challenges surrounding forensic collections in today’s ever-changing digital landscape. This talk will cover everything from ephemeral texting platforms to conversion of JavaScript to modern attachments and the unique issues clients and service providers face when trying to fit the round peg of different data sources into the square hole of eDiscovery platforms.
Presenter: Steve Davis (Purpose Legal)
Ethics’ Game: You Be the Judge
Join us for a fun, interactive game that will test your knowledge of legal ethics’ rules surrounding eDiscovery. We will present relevant facts from several recent cases. For each case, you will be presented with key eDiscovery ethical questions faced by the judge. Your role is to decide how the judge ruled–or should have ruled!
Game Show Hosts: Tom C. Gricks (OpenText), Prof. Mikah Thompson (UMKC), David Cohen (Reed Smith)
Cocktails and Plated Dinner
(Central Standard Time)
Sign-in and Breakfast
Special Message
Judicial Panel/Case Law Update
Judges from around the nation will provide insight from the bench as they address the latest eDiscovery developments and ethical issues surrounding the discovery process. These judicial influencers are eager to provide insight that may save you or your client from engaging in a costly mistake.
Panelists: Hon. Xavier Rodriguez (USDC W.D. TX.), Hon. Noelle Collins (USDC E.D. MO.), Hon. Young Kim (N.D. IL.), Hon. Angel Mitchell (Dist. Kan.), Hon. Allison Goddard (S.D. CA.), Hon. Andrew Peck (ret. USDC S.D. NY; DLA Piper), and likely more.
Networking Break
In House Counsel Panel
In-house counsel face challenges on a daily basis. These challenges 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 attendees with practical solutions to address these challenges. Come learn how you can add real value to your clients.
Panelists: Nirav Shah (Home Depot), Deric Yoakley (Walmart), Mira Edelmann (Dish), and Alex Ponce de Leon (Google) and possibly more.
Networking Break/Grab Lunch (provided)
NeLI Talk: Data Privacy and Security: Best Practices in a Digital World
Today, it is common for legal matters to involve data stored in many different mediums around the world, but in many instances, laws and regulations of various jurisdictions place restrictions on the permissible use and movement of that information. On top of that, the cyber landscape has never felt more like a wild frontier. Data attacks continue to rise. Law firms and their clients are more vulnerable to these threats than ever before. This NeLI Talk will delve into data protection laws and how they affect legal matters, as well as, touch on key things lawyers need to know to protect data from cyberattacks.
Presenters: Kristy Bird (Consilio) and Meggan Capps-Seawel (Consilio)
Mock Negotiation: Technology Assisted Review - Why Bother?
Parties often decide that the benefits of using technology-assisted-review (TAR) is not worth the effort required to negotiate a TAR protocol with opposing counsel. Successfully negotiating a TAR protocol may be tricky but it is possible. This mock negotiation will take you through various topics that may be discussed during a meet and confer on TAR, raise important considerations for both requesting and producing parties, identify likely areas of dispute, and suggest potential strategies to reach agreement.
Advocates: Nirav Shah (Home Depot), Lea Bays (Robbins Geller)
