The GDPR, United States v. Microsoft, and the CLOUD Act from an E-Discovery Perspective
2018 has already been a significant year in the law of e-discovery. Europe’s General Data Protection Regulation (GDPR) is going into effect, and the sudden passage of the Clarifying Lawful Overseas Uses of Data (CLOUD) Act ended the legal saga of United States v. Microsoft. The court case may be over, but many of the related issues remain.
Legal and regulatory developments don’t occur in a vacuum—they affect e-discovery and your firms, companies, and clients in different and often unexpected ways. With this in mind, for our 2018 Summer Symposium, ACEDS New England has gathered a panel of legal and corporate experts to provide background on the legal issues and analysis of the business implications. Please join us to learn more about how 2018 data law impacts e-discovery and to socialize with New England e-discovery professionals.
Order of events:
Check-in & Networking: 4:30-5
Social Hour: 6:30-7:30
Discovery Counsel and Legal Education Director
David Horrigan is discovery counsel and legal education director at Relativity. An attorney, award-winning journalist, and former legal technology industry analyst, David has served as counsel at the Entertainment Software Association, reporter and assistant editor at The National Law Journal, and analyst and counsel at 451 Research. A law school guest lecturer and legal media contributor, David has been cited in The American Lawyer, American Public Media, Bloomberg BNA, Corporate Counsel, JUVE (Germany), The Wall Street Journal CIO Journal, The Washington Examiner, among others, and he has been cited in law reviews and journals of Emory University, Northwestern University, Yale University, and others. David serves on the Data Law Board of Advisors at Cardozo Law School and the Editorial Advisory Board of Legaltech News. He holds a juris doctor from the University of Florida, studied international law at Universiteit Leiden in the Netherlands, and is licensed to practice law in the District of Columbia.
John B. Koss, Esq.
Special Counsel, E-Discovery
John’s practice focuses exclusively on counseling clients on e-discovery and large data matters including commercial litigation, investigations, and governmental inquiries. Specifically, John relies on his extensive experience both in practice and discovery project management to help clients: develop and implement processes for preserving, collecting, and processing electronic data; prepare defensible discovery plans addressing production of electronically stored information; implement best-in-class early case assessment tools to significantly reduce data volumes to be collected and hosted; advise on the use of technology-assisted review approaches to prioritize and automate document review; and utilize innovative workforce arrangements to maximize efficiency and litigation cost savings.
Prior to rejoining Mintz Levin in 2016, John led the Boston office of one of the nation’s leading legal services firms, where he worked with in-house legal departments and law firms to create effective and economical legal solutions – incorporating flexible staffing, reliable workflows, and technology – in a wide variety of practice areas including litigation, compliance, employment, corporate transactions, and contracts management.
During his initial tenure at Mintz Levin, John was a founding member of the firm’s Electronic Discovery Practice Group. He was also an active member of the firm’s Product Liability and Complex Tort Litigation Practice Group. John maintained a diverse litigation and counseling practice with a particular focus on serving as national trial, strategy, and discovery counsel for pharmaceutical clients involved in serial litigation. In this role, he also advised on information governance and the coordination of companywide and multinational discovery efforts.
John also teaches E-Discovery Law at Suffolk University Law School and previously taught legal writing at Boston University School of Law and Suffolk.
T. Sean Kelly
As part of the Information Governance, Privacy and Security practice of FTI Technology, Mr. Kelly advises clients on all aspects of information lifecycle management, with particular focus on developing and implementing legal hold processes and technology as well as the legal and security concerns surrounding migrating data to the cloud, such as Microsoft Office 365. He leverages more than a decade of experience in both legal technology and litigation support to advise clients on evolving technologies, including cloud-based repositories, dynamic social media platforms, and the shifting landscape associated with cross-border transactions for global enterprises.
He understands the importance of legal and e-discovery teams having a seat at the decision-making table and how to align an organization’s legal needs with those of cross-functional teams. Mr. Kelly’s assisted corporations in understanding their master data map, interdependencies, areas presenting risk and developing solutions to overcome the same. Sean provides clients with strategies for change management, obtaining collaborative, cross-department sponsorship, and effective employee training and strategic communications to support IG efforts. Sean specializes in the design and implementation of defensible Discovery strategies for the preservation, collection, analysis, review, and production of electronically stored information (ESI).
Sean previously worked for Johnson & Johnson, where he was responsible for e-discovery and data governance issues across business sectors, advising internal stakeholders and outside counsel on best practices in collection, forensic technology, document review and controlling cost. Prior to that, Mr. Kelly worked in litigation support for a Swiss medical device manufacturer and at an AmLaw 100 firm where he primarily served clients in the life sciences and consumer products industries.
Founder and Principal Analyst
Alan Pelz-Sharpe is Founder and Principal analyst at the advisory firm, Deep Analysis. He has over 25 years of experience in the IT industry, working with a wide variety of end-user organizations like FedEx, The Mayo Clinic, and Allstate and vendors from Oracle and IBM to startups around the world. Alan was formerly a Partner at The Real Story Group, Consulting Director at Indian Services firm Wipro, Research Director at 451 Research, and VP for North America at industry analyst firm Ovum. He is regularly quoted in the press, including The Wall Street Journal and The Guardian and has appeared on the BBC, CNBC, ABC as an expert guest.
Mary is known for her skills in relationship and community building as well as for the depth of her e-discovery knowledge. Frequently sought out by media for comment on industry issues, she has spoken at venues including Gartner Symposium, the American Bar Association International Law Committee, the Association of Corporate Counsel annual conference, and others. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery, considered by many to be the first popular book on e-discovery. She is the co-editor of the Thomson Reuters West treatise, eDiscovery for Corporate Counsel. Prior to joining ACEDS, Mary most recently served in a leadership role for ZyLab, a global provider of e-discovery and intelligent information governance software. Before that, she was with Fios, Inc. a provider of e-discovery services to Fortune 1,000 corporations and major law firms. A member of the Illinois State Bar, Mary received her bachelor’s degree from Le Moyne College and her law degree from Northwestern University School of Law.
QDiscovery is a premier provider of electronic discovery and digital forensic services across the entire EDRM spectrum. Our dedicated team of eDiscovery professionals, forensic experts and litigation support specialists serves corporations, law firms and government enterprises, helping them manage complex matters and reduce the expense of litigation. Our single source platforms allow clients to process and review faster, leverage advanced analytics, streamline workflows, and automate complex productions, ultimately translating to lower costs. Our foremost focus is to provide clients with unparalleled customer service and cost-effective solutions. QDiscovery was named one of the 20 Most Promising Legal Technology Solution Providers 2017 by CIOReview.
Website URL: www.QDiscovery.com
Exterro, Inc. is the preferred provider of software specifically designed for in-house legal and IT teams at global 2000 organizations. Founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost, Exterro is once again positioned as a leader in Gartner’s 2015 Magic Quadrant for E-Discovery Software. Built on an open architecture platform, Exterro’s e-discovery and information governance software integrates with existing IT, HR and legal systems to deliver complete visibility into all critical data required for managing information assets more efficiently.
Website URL: www.exterro.com