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Information Retention & E-Disclosure ManagementEffectively store, manage and disclose information to avoid unnecessary litigation and ensure complianceMay 20 - 21, 2009 - Le Meridien Piccadilly, London, UK |
Conference Day Two: 21st May 2009
07.30 - 08.30 Breakfast Briefing: Legal Process Outsourcing
In the current economic environment increased litigation and regulatory investigation is inevitable in the data management and edisclosure field, however the need to reduce costs is a key priority for corporates in this area.
Key topics in this session will include:
- The pros (eg. cost savings) and cons (cross border litigation) of off-shoring
- Benefits of outsourcing, including, gaining highly skilled work force resource whilst staying in control of your project
08.00 Registration And Coffee
09.00 Welcome From Legal IQ And Chairpersons’ Opening Remarks
Tracey Stretton
Legal Consultant
Kroll Ontrack
Opening Plenary Session
09.05 Judges Panel: Converging Trendlines In UK And US E-Disclosure
Is there increasing commonality between the way US and UK judges approach the management of e-disclosure? This topic will be taken up by two of the most thoughtful and outspoken English judges on e-disclosure issues, Senior Master Steven Whitaker and HHJ Simon Brown QC, along with Chris Dale of the influential e-disclosure Information Project.
They will discuss recent developments in e-disclosure under the Practice Direction to Part 31 CPR, including the important decisions in:
- Digicel (St Lucia) Ltd vs. Cable and Wireless plc
- Hedrich vs. Standard Bank London Ltd
- Abela vs. Hammonds
These cases show a new attention to what the rules actually require and illustrate an emphasis on identification of electronic sources and the need for expert advice which has hitherto been more characteristic of US courts.
At the same time, US courts are paying more attention to an approach which has hitherto been the requirement (if not necessarily the practice) in UK courts. In Mancia vs. Mayflower Textile Services Co., Chief US Magistrate Judge Paul Grimm pulls together persuasive support for an increased duty to cooperate with adversaries and for the parties’ obligation to give an informed picture to the court to allow it to make proportionate decisions. Judge Grimm himself will be a panelist, along with another of the leading US e-discovery jurists, Judge John Facciola.
The panel will consist of:
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Patrick Burke Senior Director and Assistant General Counsel Guidance Software, Inc. (Moderator) |
Master Whitaker Senior Master of the Queen’s Bench Division Royal Courts of Justice |
His Honour Judge Simon Brown QC, Specialist Mercantile Judge Birmingham Civil Justice Centre |
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The Honorable Paul W. Grimm Chief US Magistrate Judge District of Maryland |
The Honorable John M. Facciola US Magistrate Judge District of Columbia |
Chris Dale e-Disclosure Information Project |
09.50 The Tide Is Turning - Changing Approaches To Electronic Evidence
Major changes are underway in English courts. Judges are increasingly demanding that lawyers abandon traditional working practices in favour of new technologies and methodologies, in order to satisfy their disclosure obligations and keep costs in check. The threat of sanctions for non-compliance with electronic disclosure rules is real, and indications are that lawyers will be held personally accountable for getting things right. The conspiracy of silence around electronic disclosure is coming to an end in the UK as litigators embrace electronic evidence as a necessary element of civil litigation.
- In this panel discussion, English lawyers will comment on:
- The impact of recent case law on legal practice
- Evolving roles of electronic evidence and disclosure in legal strategy
- Practicalities of proportionality and the “reasonable search”
- Communications and cooperation between parties with respect to electronic evidence
- Effects of client concerns regarding evidentiary obligations
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Susan Knox Legal Consultant Kroll Ontrack |
Mark Surguy Senior Associate Pinsent Masons |
10.35 Networking Break
10.55 Panel Discussion: Corporate E-Disclosure Investment – Where To Begin (Outsourcing Vs. Investing In-House Capabilities)
- Risk reduction
- Cost management
- Arms-length investigation
- Project management & delivery
- Appropriate staffing (Training & skill set)
- Defensible strategy
Sit down with leading corporate leaders responsible for E-disclosure case management and outsourcing contracts.
If you are struggling to manage the cost and risk of E-disclosure learn from a leading panel of experts how to mitigate these challenges.
Lloyd Wilks
E-Discovery Business Development Manager
Guidance Software, Inc.
11.40 Effective Document Collection / Legal Hold Protocols
This panel session will discuss regulatory investigation and litigation readiness and how corporate counsel and firms are shifting focus "to the left" of the EDRM Model:
- Implementing a defensible document collection / legal hold process
- Different schools of thought: forensic imaging vs. selective collection
- A matter of privacy: how to navigate cross-jurisdictional data privacy concerns / laws
- Addressing data created and/or kept off-site and preserving relevant data quickly (both structured & unstructured)
- Automation of the identification, preservation, and collection process
- Eliminating unnecessary data retention to ensure normal business operation
- Releasing the hold: All things must come to an end
Moderator:
Craig Carpenter
VP and General Counsel
Recommind
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Andrew Haslam Lead Consultant Allvision Consultants |
Ashley Winton Partner White & Case LLP |
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Vince Neicho Litigation Support Specialist Allen & Overy |
Kevin Smith Associate Fulbright & Jaworski L.L.P. |
12.25 320 Years Of The Speech Or Debate Privilege: New Challenges For E-Disclosure By Recent Executive Branch Searches Of Legislative Files
In a governmental system based on separation of powers, how can the Executive branch search electronic records of the Legislative branch without violating an established and essential privilege? Common law legislatures around the world are facing the challenge of maintaining their independence in the face of executive branch investigations, including office searches and wiretaps, into allegedly illegal conduct by legislators.This panel will consist of Government lawyers and industry leaders with hands-on experience developing best practices for addressing these vexing issues, with lessons that are applicable to privileges in the corporate arena, such as the attorney-client privilege.You will learn:
- The history of the Speech or Debate privilege in the U.S. and the U.K.
- How recent law enforcement raids in the U.S. House of Representatives and the British Parliament have put the privilege to the test
- Best practices for dealing with the legal and logistical challenges of asserting the privilege over electronic documents
- Whether prohibitions on wiretapping Members of Parliament should extend to other forms of confidential electronic communications, including e-mails and instant messages
- Ways to use technology to facilitate lawful investigative techniques and compliance without compromising legislative branch independence or sacrificing fundamental rights
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Irvin B. Nathan General Counsel US House of Representatives |
Kenneth A. Mendelson Managing Director Stroz Friedberg |
Michael Caplan QC Partner Kingsley Napley |
13.10 Networking Lunch
16.35 Networking Break
16.55 Best Practice Conclusions From Stream Sessions
17.20 What Does The FSA Expect? Are You Ready For An Investigation?
- What digital evidence might the FSA request and how would you need to comply?
- What would be the time scales and best practice for production of this digital evidence?
- Some case studies from real life - how have organisations made life easy for themselves and how have some made it very hard?
Owen Brady
Enforcement Digital Evidence Unit
Financial Services Authority
17.40 Video Presentation From The Information Commissioners Office
- The new British data protection standard – storing personal information legally including best practice examples
- What steps do you have to take in relation to the protection of personal data when you transfer this data to another country pursuant disclosure or regulatory request
- Feedback on version 3, 17th December 2008 ICO paper, section 4.5. Can you expand on this, Extent to which one can rely on derogation
Phil Jones
Assistant Commissioner
Information Commissioner’s Office
18.00 Case Management: Mock Court Assessment
Both US and UK courts are taking more control over the way parties give disclosure of documents in litigation, with an increasing emphasis on early and cooperative exchanges of information as to the scope of the sources, the use of expert help and the provision of information to the court which helps it to arrive at proportionate management decisions.
The judges assembled for our panel are the leaders in these initiatives in their respective jurisdictions. Through role-play, they will show what they expect from the lawyers who appear before them at various stages in the process of identifying and exchanging documents in a manner which balances the formal requirements of full disclosure against the practical and costs implications.
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Master Whitaker Senior Master of the Queen’s Bench Division Royal Courts of Justice |
His Honour Judge Simon Brown QC, Specialist Mercantile Judge Birmingham Civil Justice Centre |
The Honorable Paul W. Grimm Chief US Magistrate Judge District of Maryland |
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The Honorable John M. Facciola US Magistrate Judge District of Columbia |
Chris Dale e-Disclosure Information Project |
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19.30 End Of Day Two And Chairperson’s Closing Remarks
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