On-Demand Web Seminars

Ellen Kipfer, Marketing Programs, Document Imaging Division at Nuance Communications

The key to remaining in control is access to information. Easy and understandable information allows counsel and client to set good litigation and discovery strategies, develop and maintain budgets, hit deadlines, and improve results.

This webinar will focus on:

• The major advantages of tracking discovery projects in real time
• Key metrics that can be tracked and managed to
• How to leverage information to gain control

Those who attend will emerge with a better understanding of how information can provide those who lead, manage, and pay for eDiscovery with control and a leg up when dealing with even the most complex discovery projects.

Presenters:

Chris Cameron – Client Services Manager at Advanced Discovery
Daniel Pelc – E-Discovery Principal Verizon RISK Team

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Practical Consideration for e-Discovery in the Cloud

Courtesy of:

Web 2.0 technologies, such as social networking sites, wikis, blogs, web apps, and hosted services are driving an increasingly collaborative, online business culture. In this practical webinar Mary Mack and Johannes Scholtes will discuss how e-Discovery strategies should be adapted when evidence is scattered across various 3rd party repositories outside of your firewall.

Presented by: Mary Mack, Esq., Enterprise Technology Counsel, ZyLAB and Johannes C. Scholtes, Ph.D., Chairman and Chief Strategy Officer

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Why Florida’s recent e-discovery rulings and other developments should matter to you and your organization

Courtesy of: Robert Half Legal

FL CLE Credit Approved

While Florida’s recent rules for the discovery of ESI in civil courts that took effect September 1 have improved efficiencies in civil procedure, they also have caused a sea change in the way the state’s 63,000 attorneys practice. What new burdens, liabilities and opportunities have the rules created for the court system, parties in litigation, visiting litigants, and the multitude of large and small businesses inhabiting the state of Florida? And why should they matter to you and your organization? Join our panel of legal experts as they share invaluable insights, including important lessons and best practices learned from this recent ruling and other developments in the e-discovery arena.

Session moderator: Charles A. Volkert, Esq., executive director, Robert Half Legal; co-managing director, Robert Half Legal eDiscovery Services

Session Panelists: Lawrence Kolin, Brad Schultz, Daniel Whitehouse

Watch Now

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Defending Big Data

Courtesy of:  

Managing the Big Data growth problem in the enterprise is tough. While IT departments grapple with how to support complex Big Data environments, legal teams are tasked with making accommodations for Big Data in the already expensive e-Discovery process. How do legal teams account for emerging data types and do it all with fewer resources and budget spend?   This webinar discusses how to best to retain, access, discover and ultimately delete content in compliance with evolving regulations and case law.

Speaker:
Simon Taylor – Senior Director, Information Access Management, CommVault

Mr. Taylor leads CommVault’s Information Management business including Information Risk, e-Discovery, Compliance and Information Search.Over the last 20 years he has worked for many large multi-national while building deep expertise in a range of topics including business intelligence, data warehousing, application and information management.Most recently, he has gained specific experience in data retention and archiving, working for or with some of the leading companies in this field to gain specialist knowledge in information risk and compliance.

Watch Now

 

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ACEDS Conference Sneak Peek Webinar: Leveraging the Cloud to Trim Costs Safely

You use it all the time: to email colleagues, to purchase products online, and, increasingly, to store, manage and process electronic information created in the course of business. Organizations of all types, even those under the most legal and regulatory scrutiny, are leveraging the cloud to reduce the costs associated with electronically stored information, while increasing workflow efficiency. The cloud affords inexpensive storage, scalable computing, and an exciting collaborative environment. But it can be a double-edged sword for organizations that do not account for the e-discovery challenges it presents. In this Sneak Peek webinar, Stephen Whetstone, Vice President and Leader of Pitney Bowes Legal Solutions, broaches some of the unique issues that he and other experts on this panel will explore.

Speaker: Stephen Whetstone, Vice President and Leader, Pitney Bowes Legal Solutions

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 ACEDS Conference Sneak Peek Webinar: Avoiding E-Discovery Malpractice and Other Data Landmines

The malpractice charges brought by J-M Manufacturing against McDermott Will & Emery signaled the arrival of a new ubiquitous danger arising from electronic data. That Los Angeles suit has generated the lion’s share of attention for the precedents it has set and repercussions it has wrought, but it is by no means an isolated incident. A lawsuit for malpractice is just one manifestation of the personal and professional risks e-discovery has spawned. With reputations and careers on the line, what can you do to protect yourself and your client from these new perils? In this Sneak Peek webinar, Bill Gallivan, founding partner at GGO in Seattle, tells you how he and other experts at the 2013 ACEDS Conference, from Feb. 28 to March 2 in Hollywood, FL, will tackle daunting malpractice risks.

Speaker: Bill Gallivan, Founding Partner, GGO

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Margin of Error: A Primer on Sampling and its Practical Application in Document Review

Courtesy of: Driven

Read any e-discovery article, review any decision, or attend any program, and you’re likely to hear a reference to sampling and its importance as a discovery tool and a quality control measure.  But how do you use sampling?  What do you sample, when do you sample it, how do you sample it, and what can you learn from it?  This program will teach you sampling basics, including key terms, basic techniques, and some of the ways those techniques can be leveraged.

Speaker: Matthew Verga, Esq., Driven Inc. Mr. Verga currently serves as the Director of Consulting for Driven Inc. where he counsels clients on issues throughout the discovery lifecycle and advises Driven on the development and refinement of its technologies and services.  In addition to developing and presenting educational programs on discovery topics, he has spoken on discovery issues at LegalTech New York, the ACEDS Annual Conference, and AIDE.  Prior to joining Driven, Mr. Verga worked as an Associate specializing in e-discovery matters at an AmLaw 100 firm.

Watch Now

 

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Daunting Problems Facing Ediscovery in 2013

Courtesy of:

In the 1990′s, ediscovery was in its infancy, as legal and IT professionals were newly confronted with the production challenges associated with computer data.  We have come a long way, and today in 2013, ediscovery has evolved into a sophisticated area of law and technology.  This webinar will examine significant daunting problems that will face the ediscovery community in the upcoming year, including:

• Rules and technology
• Cost
• Technology-assisted review
• Case analytics

Do not miss out on this thought provoking webinar that will jolt even the most savvy ediscovery professional to begin to search for answers to these complicated problems.

Speakers:
Adam Sand, Associate General Counsel, Ancestry.com
Beth A. Rauker, Principal eDiscovery Specialist, Medtronic, Inc.

Watch now

Gaining Full Value from Early Case Assessment

Courtesy of:

For many, Early Case Assessment means the filtering and culling of non-responsive electronic documents early in the discovery process. But reducing data sets is only a fraction of the value of an ECA program.

Set Litigation Strategy
Analyzing case data early can lead to a better litigation plan, an accelerated try/settle decision, and sometimes even a quick disposition with minimal costs.

Build a Discovery Plan
A solid discovery plan facilitates the best use of expertise, process and technology to shrink costs and improve defensibly.

Reduce Data Sets
Early culling, filtering and predictive coding can reduce document sets substantially, cutting up to half your discovery bill.

Reserve your spot today and find out how to save 30-100% of your litigation costs with Early Case Assessment!

Speaker
Brian Kawasaki – Executive Vice President, Technology Solutions at Advanced Discovery

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Effectively Managing Legal Holds

Join this panel discussion to better understand the legal requirements regarding the issuance and tracking of defensible legal holds. We’ll also consider the implications of recent case law and best practices for successfully implementing this critical element of your duty to preserve data. Our panel includes experts from corporate legal departments and law firms as well as other industry experts.

Speakers:
John Christiansen – Discovery Consultant with Applied Discovery, Inc.
Brad Harris – Vice President of Legal Products with Zapproved
David Cohen – Partner at Reed Smith

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Say What? Reviewing Audio (and Video) Data for Discovery

Qualifies for 1 CEDS Credit (details)

An increase in regulatory agency investigations has heightened the need to better understand the risks and requirements associated with audio data. Law firms and corporate counsel can no longer afford to ignore this important source of data for discovery. This webinar will cover:

• The technology behind audio review and how it differs from other ESI
• Overview of the requirements for retention of audio records
• Methods to optimize the accuracy of audio discovery
• How to create an eDiscovery workflow that incorporates audio and video
• How audio review, when done properly, is time efficient, cost effective and defensible

Speakers:
Todd Mansbridge, VP of Product Management, First Advantage Litigation Consulting
Jeff Schlueter, VP and GM of Legal Markets, Nexidia

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Quality Control Essentials: How To Identify a Faulty Forensic Collection

How do you know when a forensic collection has been executed properly? This webinar, presented by Driven, will guide you on how to evaluate the quality of a client or opponent’s forensic collection process, and to spot signs of inadequacy or incompleteness in the the final product. From how documents were identified, to how they were preserved, to how they were collected and handled post-collection, this program will give you general guidelines for evaluating such work, along with specific examples of the ways it can go wrong.

Speaker:
Robert Hook – Forensics Operations Manager, Driven Inc.

Rob Hook has over 20 years of direct, hands-on experience with digital forensics, systems configurations, protocol layouts, and the EDRM litigation support process. He has both EnCE and CCSA certifications and has multiple granted patents. Rob began his career as a network administrator at a U.S. Army research center at a young age. Since that time, Rob has worked in positions utilizing his skills as a programmer, electronics designer, investigator and trainer. Rob’s gifted fascination with the world of computers has matured into an enviable and highly professional set of skills.

The U.S. Department of Justice recognizes Rob as an expert in the areas of computer forensics, operating system configurations, local and wide area network topologies and general computer engineering support. As a consultant to DOJ, Rob was responsible for designing and implementing several secure Independent Counsel systems used to support highly sensitive, historically significant investigations. He has also served as a consultant to a prestigious board of federal judges.

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Get Your House in Order with Defensible Deletion

For years, many organizations have employed a “keep everything” strategy as it relates to corporate data. But with data volumes and content types growing by the minute, this is no longer possible. Storage costs are out of control while resources and budgets are decreasing. Not to mention finding the proverbial “needle in a haystack” amongst all this digital information causes serious challenges and risk.

This webinar will teach you how to get proactive about cleaning house in a legally defensible way. With a defensible deletion strategy, you can identify, categorize and manage all ESI across multiple data repositories and confidently delete data that has no business, compliance or evidentiary value. Storage costs are reduced while discovery efforts are streamlined, providing bottom-line benefits back to the organization.

Speaker:
Simon Taylor – Senior Director, Information Access Management, CommVault

Mr. Taylor leads CommVault’s Information Management business including Information Risk, eDiscovery, Compliance and Information Search.

Over the last 20 years he has worked for many large multi-national while building deep expertise in a range of topics including business intelligence, data warehousing, application and information management.

Most recently, he has gained specific experience in data retention and archiving, working for or with some of the leading companies in this field to gain specialist knowledge in information risk and compliance.

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The Emergence of the Knowledge Worker: The Changing Workforce in eDiscovery Review and Production

As eDiscovery technology advances, the required expertise of Attorneys and Project Managers in effectively managing document reviews has dramatically increased. Utilizing advanced technologies presents great advantages for law firms and corporate law departments including significant time and cost savings. Ensuring that the workforce can effectively manage the technology is just as important as selecting the right software for your needs.

The experts from Hudson Legal provides insight into:

• Best practices surrounding certification and training of Attorney/Project Managers and high level contract review candidates
• The proper ways to bring technology optimized review solutions to increase the quality of document review and to expedite the time frame for compliance
• The emphasis on both discovery compliance and factual development of the case
• The elevated role of outside counsel in the document review and production process
• The impact of Generation Y on the face of document review

Speakers:
Catherine Casey, Director, Global Strategic Planning & Channel Sales, Hudson Legal
Mark Yacano, Executive Vice President, Hudson Legal

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Unsafe at Any Speed: Quality Control of Human Document Review

With technology-assisted review stealing all of the headlines, it’s easy to forget that the majority of document review is still done in a more traditional way by teams of human document reviewers and that traditional document review is not going away anytime soon. So, how important is quality control of traditional human document review? What tools and techniques can be leveraged to perform effective, efficient quality control? Attend this webinar to learn the answers!

Speakers:
Matthew A. Verga, Esq. – Director of Consulting, Driven Inc.
Randi Weaver, Esq. Project Management Consultant, Driven Inc.

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What You Need to Know to Navigate Florida’s New E-Discovery Rules

CLE Credits: 2 from the Florida Bar (credits available until Feb. 1, 2014)*

A dramatic change is afoot. On September 1, Florida’s first ever rules for discovery of electronically stored information (ESI) in civil courts will take effect. They will cause a sea change in legal procedures in the nation’s fourth largest state, and put the onus on lawyers, judges, paralegals, litigation support, IT and others to learn the ropes of e-discovery. “Florida trial lawyers have no excuse for remaining ignorant about e-discovery,” says attorney Kevin Johnson, head of the committee who drafted the rules. The clock is ticking.

Are you prepared to handle emails, texts, tweets, and the other forms of ESI in this area of high risks and costs? Do you know your duties under the new rules? What are the penalties for mishandling electronic evidence? And how can the rules make your job easier? In this special 90-minute presentation, experts from around the state, including those who helped draft the rules, will tell you how to navigate the new amendments, streamline the discovery process with opposing counsel, and stay out of trouble in the hundreds of courts dotting the Sunshine State.

Presented By:
Judge Richard A. Nielsen, Chair of the Florida Bar Civil Rules Committee
Lawrence Kolin, Mediator and former chair of the Florida Bar Civil Rules subcommittee on e-discovery
Patrick Montoya, Partner, Colson Hicks Eidson

Moderator:
Charles Volkert, Co-Managing Director, Robert Half Legal eDiscovery Services
*Members must fill out an online survey at the end of the webinar in order to receive a CLE certificate

Watch now

3 Ways to Know When Computer-Assisted and Predictive Coding Techniques Make Sense for Your Cases

There are multiple methods for automatically coding documents during eDiscovery, so how do you know which method is best for your case? Join Mary Mack, Esq. and Johannes Scholtes, PhD, one of this industry’s most distinguished professors of artificial intelligence technologies, for a straight-forward discussion of the most popular techniques for auto-coding documents and the respective advantages and obstacles for each. The presenters will outline 3 critical criteria for selecting the right method for a particular case. Session topics will include:

Speakers:
Mary Mack, Esq., Enterprise Technology Counsel, ZyLAB
Johannes C. Scholtes, Ph.D., Chairman and Chief Strategy Officer, ZyLAB

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Best Practices in International eDiscovery: How to Avoid Landmines, Pitfalls and Excessive Costs Webinar (ACEDS Members Only)

Discovery of electronically stored information (“eDiscovery”) located in foreign jurisdictions for the U.S. litigation raises a multitude of challenges including language and cultural barriers, blocking statues, and privacy laws of those jurisdictions. Many such laws are enacted by those jurisdictions precisely for the purpose of blocking the U.S. eDiscovery. Navigating the U.S. style eDiscovery in a foreign land can find an attorney face to face with workers’ rights councils to sitting in a jail cell. Collection and processing of data located in foreign lands in foreign languages for production in the U.S. litigation under tight deadlines is a herculean task. Finding the right technology and platform for conducting key word searches of documents containing foreign language characters is no easy task. The costs associated with such exercise is prohibitive and could easily exceed $1 million in just one case.

This webinar examines the traditional methods of conducing eDiscovery of data located outside the U.S., some of the key challenges such discovery presents and how to overcome such challenges, control costs and do it all in a manner so as not to run foul of the laws of foreign jurisdictions which could land attorneys and their clients in hot water.

Speaker:
Mukesh Advani, Special Counsel at Guy Kornblum & Associates
Peter Chen, Partner, Latham & Watkins

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A 360° View: How E-Discovery Priorities Shift from the Law Firm to the Corporate Legal Department

E-discovery is a crucial and unavoidable element of litigation today. Both corporate and outside counsel strive to minimize risk within litigation but, based upon their viewpoint, their approach to e-discovery may at times create conflict. What concerns shape the corporate counsel’s view of e-discovery, and how can that conflict with outside counsel’s desired approach? Is there an unspoken agenda that can pit these two important players against one another? Once both sides decode the subtext, they can be better positioned to address the client’s needs, ensure that ethical obligations are met, and develop the collaborative relationship crucial for success in business and in court. This informative seminar covers the following topics: 

• How the responsibility of corporate counsel may conflict with the goals of outside counsel.
• How outside counsel can best serve the needs of the corporate client without sacrificing their ethical obligations.
• How corporate counsel can maintain their focus on risk management, including controlling the scope—and thus the expense—of the discovery process.

Speakers:
Heidi J.K. Fessler, Esq., Electronic Discovery Consultant at Applied Discovery
Sarah Stroebel, Senior Counsel at U.S. Bancorp
John Degnan, Esq. from Briggs and Morgan

 

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Whipping Your Information Archive into Shape

The promise of cost-effective data management has driven the evolution of archiving solutions from niche solution into a multifaceted, enterprise-level option capable of hosting a variety of semi-structured data and end-user files. However, as Enterprise Information Archives (EIAs) play a larger role in information governance, the risk of mismanagement—and the resulting inability to extract data when needed most—increases dramatically. Join us as experts provide practical guidance for whipping your archiving solution into shape by identifying:

• Common errors in implementing an EIA solution
• The most frequent instances of inaccessible archives and the likely causes
• Steps you can take now to properly implement and manage your EIA solution to ensure proper retention and fewer issues when extracting archived data is a must

Speakers:
David Meadows, PMP, Managing Director – Discovery Consulting, Kroll Ontrack
Richard Harding, Senior Consultant – Kroll Ontrack

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5 Vital Components of Every Custodian Interview

Interviewing key document custodians and potential witnesses is nothing new in litigation; it has always been a crucial aspect of good lawyering. However, in the digital age, custodian interviews are more critical – and more technical – than ever. Information gathered during custodian interviews sets the stage for the entire e-discovery process across the EDRM – including developing a detailed data map and preparation for 30(b)(6) depositions. From identifying relevant data locations to uncovering valuable information to aid in privilege review, there are 5 vital components to a successful custodian interview in the e-discovery age: Compliance with Policies, Location of Relevant Documents, Other Custodians, Privilege and Confidentiality and Background Information.

After watching this webinar, you will have a better understanding of how a custodian interview fits into the overall discovery strategy and why you need a good plan for conducting custodian interviews in the age of e-discovery.

Speakers:
David Meadows, PMP, Managing Director – Discovery Consulting, Kroll Ontrack
Karen Andersen, ESI Consultant – Discovery Consulting, Kroll Ontrack

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Tweets, Texts, and Terabytes: Collect Smarter with Forensics

The importance of forensic collection has become widely understood in the legal profession, but the potential scope of forensic services has not. From social media preservation, to mobile device capture, to analysis and reporting, to pure consulting, forensics experts can add value throughout the discovery lifecycle. The modern forensic technician is not just a collection agent, but a translator between the technical world and the legal world for all aspects of a case.

Speakers:
Matthew A. Verga, Esq. – Director of Consulting, Driven Inc.
Jason Fry, EnCE, CISSP, PMP – Forensics Operations Manager, Driven Inc.

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eDiscovery in the Real World: Beyond The Law – Real life scenarios and how to handle them

We will discuss the production side of eDiscovery with a deep look into real life scenarios. Topics will cover issues ranging from collections, ESI processing, review & productions for matters with both local and international components.
Scenario:
Company B has become party to an SEC investigation. The SEC is asking for any and all emails specifically related to the sale and or purchase of common shares for specific public companies over the past 5 years.
The SEC would like to be able to analyze the timing of the executed trades along with the information used to carry out (on behalf of their clients) any and all trades related to the transactions in question.
Relevant ESI (email) has been requested for personnel within management and or sales directly tied to the asset management divisions across the company.

Speakers:
James Bickley, CEDS, Senior Director – eDiscovery at Counselor Resource Group – A TransPerfect Company
Clay D. Crooks – Senior Case Consultant – TransPerfect
Jim Iseman III – Vice President, Litigation Technology Services – TransPerfect

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A New Approach to Managing E-discovery Infrastructure

The amount of matter specific data is growing exponentially and needs to be active for extended periods of time. Across many matters, this data adds up fast on valuable local resources, which are often times not billed to the matter. The typical options are to purchase more hardware or to outsource with legal hosting providers when requests are urgent, storage is limited, or can’t be provisioned internally fast enough.
How do you address the demands that client generated data places on your firms’ infrastructure? How can you keep your cost predictable and create acceptable charges for use of your infrastructure? How can your firm retain complete control while reducing the cost and risk of trying to predict future resource demands? Join us to learn how outsourcing your e-discovery infrastructure allows you to be more competitive, achieve better cost recovery, and help your litigation support and IT teams easily handle unknown resource demands from your clients discovery.

Speakers:
Bob Rivas, Executive Director, MatterPoint, Aquipt
Sean Dennin, VP Sales and Marketing, Aquipt
Harold Edison, CEO, Edison LTAS

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A Look Inside the World of Hosted E-Discovery Pricing

Do you find e-discovery pricing confusing? Have you ever agreed to a price proposal, only to have the actual project costs significantly exceed the estimate? Which is better for your project, “per GB” pricing? Hourly service rates, or a “flat fee”? E-Discovery expert and industry veteran Bill Gallivan will share his “4 corners” of e-discovery pricing, and introduce you to the characters nesting in each’ pricing corner’: the Hosting hawkers, Processing Purveyors, Filtering Ferrets, and Access Anglers*. In this webinar, Bill will give you an insider’s view of common Hosted E-Discovery Pricing models in use today. You’ll learn what drives the numbers in the bid, enabling you to confidently compare bids and negotiate services.

Speakers:
Bill Gallivan, CEDS, Managing Director, Gallivan Gallivan & O’Melia

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E-Discovery Evolved – Smart Searching

Even with recent advancements in technology assisted review, tried and true searching tactics will continue to play an important role in e-discovery filtering, review and production activities across the Electronic Discovery Reference Model (EDRM). From traditional keyword searching to advanced searching techniques, such as concept searching, topic grouping, near de-duplication and e-mail threading, e-discovery teams need to know how and when to leverage these tools. What do these technologies do? How are they used to conduct a cost-effective, defensible search? How can you get the most out of keyword searches? This presentation will explore smart searching techniques and provide best practices to increase the effectiveness of your next search protocol.

Speakers:
Harris T. Berenson, E-Discovery Counsel, Hughes Hubbard & Reed LLP
Alexander C. Gross, Legal Consultant, Kroll Ontrack

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A Closer Look at Technology-Assisted Document Review

Savvy corporations and law firms are quickly realizing that this technology is designed to aid a human document review – not replace legal analysis and advocacy, and when properly leveraged, the cost savings are substantial and the process is defensible. Furthermore, with the developments in Da Silva Moore v. Publicis Groupe and other similar cases across the country, the judiciary appears to be on the verge of addressing the efficacy of these technologies.

Speakers:
David D. Lewis, Ph.D., Information Retrieval Consultant
Kara Kirkeby, Esq., Document Review Manager, Kroll Ontrack

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eDiscovery Protocol for the DOJ in Criminal Cases

In this webinar we cover the recent Protocol released by the Administrative Office/Department of Justice Joint Working Group on Electronic Technology (JETWG). They have developed a recommended ESI protocol for use in federal criminal cases. Entitled “Recommendations for Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases”, it is the product of a much needed collaborative effort between representatives from the Defender Services program and the DOJ.

Speakers:
John Haried, Assistant National Criminal Discovery Coordinator, DOJ
Allison J. Walton, Esq., eDiscovery Counsel, Symantec

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Conference Panel Sneak Peek: Core training for new e-discovery players and those who need a refresher

If terms like ESI, metadata, concept searching, proportionality, and data protection laws evoke quizzical looks on your face, this conference panel sneak peek is a must-attend for you. Ignorance is not bliss in e-discovery because it carries great risk and cost. The first provision of the Rules of Professional Responsibility of most bar associations imposes a duty of “competence.”

Speaker:
Seth Row, Partner at Parsons Farnell & Grein LLP

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Conference Panel Sneak Peek: Social media opportunities and risks in litigation

Social media conduct and content increasingly affect the outcome of legal disputes and investigations. How do you obtain social media for use in your case? How can you preserve social media to avoid sanctions? What are the risks to litigants and lawyers of using social media? This preview webinar will highlight the major themes of this panel.

Speaker:
Seth Row, Partner at Parsons Farnell & Grein LLP

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Crossing Borders: An International View of E-Discovery

The era of globalization is colliding with the complexity of e-discovery. Lawyers today are responsible for litigation without borders and discovery without language barriers. Yet, the reality is that many practitioners and legal professionals find themselves struggling to implement efficient and cost-effective discovery practices in US-based litigation, let alone navigating the conflicting privacy and legal implications associated with other countries’ discovery laws.

Speaker:
M. James Daley, Esq., CIPP/US, Partner, Daley & Fey LLP

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Conference Panel Sneak Peek: Paying your opponent’s e-discovery bills – Facing and navigating the risks of the US ‘Taxation of Costs’ laws

A federal law allows a judge or clerk of court to “tax costs” on parties. Some states have similar laws. A civil procedure rule says a “prevailing party” may have its costs, except attorneys’ fees, paid by the losing party. These provisions are now being applied to e-discovery costs, even though they are silent on such costs. This may deter aggressive e-discovery demands and prompt great scrutiny of the bills e-discovery vendors present to prevailing parties. What standards do courts and clerks use to determine what costs are taxed? The cost taxation law uses terms like “exemplification,” “copying” and “necessarily obtained for use” in a case, but not “e-discovery.” Can losing parties limit taxable costs? Will this law deter meritorious plaintiffs’ cases? Is it being applied consistently in the 93 federal districts?
Speaker:
Robert Barth , Clerk of court of the US District Court for the Western of Pennsylvania

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Conference Panel Sneak Peek: Succeeding in catastrophic cases – Maintaining data security in high-profile matters

Catastrophes are inescapable and usually spawn legal actions that generate activity in investigation, information technology, computer forensics, litigation support, reputation management and other fields. What threat response plan should an organization have? What is a good data preservation strategy?

Speaker:
Jeffrey S. Jacobson, Litigation partner at Debevoise & Plimpton LLP

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Conference Panel Sneak Peek: How Predictive Coding Is Altering the E-Discovery Landscape

Under Fire: Technology-Assisted Review Computer-assisted Review? Intelligent Review? Predictive Coding? Smart review? Whatever you call it, amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur.

In this session, the panel will:

• Explore the “what”, “why”, and “how” behind technology-assisted review
• Discuss think-tank and judicial support of this technology, including the most recent Da Silva Moore commentary from Judge Peck
• ACEDS conference in April

Speaker:
Michele Lange, Director for the Discovery product line for Kroll Ontrack

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State of the States: E-Discovery State and Local Rules Update

After the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, state rules committees set to work to adopt the federal revisions – with some states adopting the federal procedural rules in full and some creating local, jurisdiction-specific rules. In addition, certain federal districts have begun to adopt local rules pertaining to e-discovery practices for litigants in their jurisdiction. As lawyers, paralegals and litigation support professionals working on e-discovery productions, it is critical to stay on top of the local nuances to the e-discovery civil procedural rules across the U.S.

Speakers:
Thomas Y. Allman, Esq., Attorney and Consultant, Cincinnati, OH
Michelle Lange, Kroll Ontrack

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Social Media and E-Discovery: Rights, Restrictions and Employee Expectations in the Workplace

Social networking is hot in corporate America. Companies are using Facebook, Twitter, and other emerging networks to build their brands and connect with customers. They are also using it to strengthen their own internal communities – investors, employees, and partners. Success in social networking is not without risk, however. Lawyers and e-discovery practitioners, in particular, struggle with the rights, restrictions and reality involved in employees’ use of social media. The responsibility for governing, managing, preserving and ultimately producing data from social networking activities can be a burden, but when litigation or investigation arises, companies must be able to respond.

Speaker:
Ed Lee, E-Discovery | Forensic and Dispute Services, Deloitte Financial Advisory Services LLP

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The ‘Mainstreaming’ of E-Discovery: Practical Application of EDRM processes on E-Discovery for the ‘Average’ Case

E-Discovery is often described (and sold) as a complex, mysterious, highly technical process designed to address Investigations on the scale of Enron and high-profile litigation cases like Qualcomm v Broadcom. But what about the rest of us? It’s estimated that 85% of e-discovery projects involve less than 20 custodians and 200 GB of data. The EDRM framework applies in the mainstream as well. There are processes and tools available for the ‘average’ size matter, allowing corporate legal teams and law firms handling these cases to implement effective processing, review and production in a manner that’s practical and fully defensible. In this webinar we will look at mainstream e-discovery through the lens of the EDRM.

Speakers:
Keith Slyter, owner and principal at Litigation Paralegals, LLC

Barry O’Melia, leads the operations and enterprise program management efforts at Gallivan Gallivan and O’Melia

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Resolving E-Discovery Disputes: The Role of the E-Neutral

Allison and Peter are Co-founders of the American College of E-Neutrals, an organization providing the world’s only directory of qualified discovery neutrals for a digital age. Depending on the e-neutral’s role, the e-neutral may carry the proverbial stick as a special master or the proverbial carrot as an e-mediator. E-Neutrals help parties promote proportionality in preservation and production, control costs and avoid spoliation while preserving credibility with the court.

Speakers:
Allison O. Skinner, Of Counsel at Sirote and Permutt Mediation Center, Adjunct Professor of E-Discovery, University of Alabama School of Law

Peter S. Vogel, Partner at Gardere, Wynne, and Sewell LLP; Adjunct Professor of E-Discovery and E-Commerce, SMU Dedman School of Law

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Dealing with Cross Border Issues Effectively

With the exponential increase in the global reach of corporations and other commercial entities, an increasing number of disputes in U.S. courts involve protected data situated in and subject to the laws of foreign countries, many with notions of privacy and disclosure that are much stricter than those in the United States. Those notions of privacy are, quite frequently, given less than due consideration by courts in the U.S. How does the multinational corporation handle the potential Hobson’s Choice of violating foreign privacy laws or an order of a U.S. court to produce protected data?

Speakers:
Kenneth N. Rashbaum, Esq., Rashbaum Associates, LLC

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Status of Amendments to the Federal Rules of Civil Procedure

Nearly six years after the Federal Rules of Civil Procedure were first amended to address electronic discovery, another round of amendments are now under consideration. Questions regarding highly contentious, complex and multifaceted issues such as the duty to preserve, Rule 37 sanctions and the role played by technology are among the primary challenges that are up for discussion. But amidst circuit splits, spiraling costs and ever-evolving technology, finding the right solution is no easy task.

Speakers:
Gail Gottehrer, Esq., Partner, Axinn Veltrop & Harkrider LLP
Katie E. Winseck, Esq., Solution Architect, Kroll Ontrack

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Exploring Cloud-Based DIY Discovery

Studies indicate that more than 50% of corporations are working to insource some aspect of e-discovery activities in an effort to save money. In addition, many law firm practice support departments are reassessing in-firm technologies and use of service providers during the e-discovery process. Join us as we explore how organizations can better manage costs and increase control over discovery through in-house or in-firm e-discovery tools.

Speakers:
Ken Ewell, Kroll Ontrack
Ann Marie Riberdy, Wilmer Hale

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Computer Assisted Review

Computer-assisted review, or predictive coding, has been a hot topic in the e-discovery industry and is becoming the new paradigm for document review. The process can offer substantial cost and time savings resulting from improved speed and accuracy during review. However, for some, there’s still a stigma attached to the technology, as well as confusion regarding best practices for implementing computer-assisted review. How does the computer-assisted review process work and how can law firms implement a workflow that’s both effective and defensible?

Speakers:
Jay Leib, Chief Strategy Officer, kCura,
Dave Lewis, Ph.D., David D. Lewis Consulting,
Michael Schubert, Senior Vice President, Encore Discovery Solutions,
Daryl Shetterly, Partner, LeClairRyan

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Privacy in the Workplace: International Perspectives

In an age of constant connectivity – juggling mountains of personal and work email; mobile access to countless applications; rampant blogging and online networking – is there any such thing as true workplace privacy? Does our pervasive use of technology for all things personal and professional lull employees into a false sense of ownership over electronic communications?

Speakers:
Kate Paslan, Esq. Assistant General Counsel for Access Data
Heidi Watson, Senior Associate for Clyde & Co, an international law firm
Georg Kirsch, Senior Patent Discovery & Litigation Expert for Bayer AG

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Social Media Data and the Cloud – The Omnipresent E-Discovery Challenge

Facebook, LinkedIn, Twitter, YouTube, IM, and Google Docs have changed how we communicate, and are repositories of ESI. On whom can you serve a subpoena? When might a court order a social media host to disclose protected information? How can data preservation be managed in ‘the cloud’?

In this previously recorded online training, Seth H. Row, Of Counsel, Parsons Farnell & Grein LLP demonstrates how to find, catalog, retrieve and present social media data and teaches you crucial knowledge on how to use social media data to present your cases well.

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How Data Mapping Arms You for Courtroom Battles: ‘Know Your Information (KYI)’

Bankers use the term KYC, but in e-discovery, specialists say KYI (Know Your Information). Companies and other litigants must know what data is created and where their data is maintained. Without that, implementation of the critically important litigation hold becomes guesswork. Creation of a data map is Step One in managing your data.

In this previously recorded online training, Michael I. Quartararo demonstrates how to create a valuable and usable ESI data map.

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The Basics of E-Discovery for Beginners and Not-Computer Savvy

Are you one of the newcomers and non-tech savvy professionals perplexed by the rapid developments and complex procedural rules in e-discovery?

Take advantage of this complimentary access to a recording of our recent virtual training! In this dynamic discussion, Helen Bergman Moure, an ACEDS Advisory Board member, principal at Lex Aperta pllc, and litigator seasoned in e-discovery and document review management, shows you the essentials of the high-risk, high-cost realm of electronically stored information, or ESI, and e-discovery.

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Fostering Strong Collaboration Among E-Discovery Team Members to Increase Chances of Asset Recovery Success

In asset tracing and recovery cases, e-discovery records, data and programs can be enormous, complex and costly. The process of collecting, processing and reviewing electronically stored information (ESI) opens countless opportunities for error. It is imperative to establish transparency and to effectively communicate priorities and strategies to decrease overall cost and increase efficiency in your investigation. In this panel, you will learn how to build coherent working relationships among team members in a case including attorneys, digital forensic accountants, investigators, IT specialists and risk mitigation specialists—all of whom are essential players.

Speakers: Keith Barger, Kenneth Neumann, Brandon D’Agostino
Moderator: Charles Intriago

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How Good Early Case Assessment Can Maximize the Value of E-Discovery in Asset Recovery Cases

Before an e-discovery program begins, early case assessment is vital. When a case is not properly organized and planned from the start, time and money can be spent unnecessarily. In this panel, top experts, through studies of early case assessment, show you how to develop sound guidelines and timelines to assure your cases run smoothly and how to avoid mistakes. The experts will not only guide you on taking smart steps through e-discovery review, but also show you how to determine the proper vendor and solution, giving you a better chance to succeed in your cases.

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Using Smart Data Mapping and ‘Meet-and-Confer’ to Meet the Requirements of the Amended Federal Rules

With the varied interpretations of the Amended Federal Rules of Civil Procedure, data mapping and ‘meet-and-confer’ have become critical components of the e-discovery process, especially in asset recovery cases where the volume of data can be daunting. Without a data map, the ability to deal with legacy data, database structures and the proper preservation of data mismanagement and poor planning can result in fines, sanctions, lost cases, and even more damages. This session will provide you with a comprehensive overview of set guidelines and procedures to sustain compliance throughout a case. Our experts will also teach you best practices on data collection and preservation procedures.

Speakers: Karen Hourigan, Caroyln Southerland, Brandon D’Agostino
Moderator: Keith Barger

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