Electronic discovery conference: Fordham University School of Law, New York, NY. Federal Judicial Center and the Philip D. Reed Chair, Fordham Law School. ALI-ABA.

Why Attend?

This annual course of study, comprising almost 14 hours of instruction, offers a comprehensive examination of “electronic evidence,” one of the most challenging aspects of law practice that can put you and your clients at potential risk if not properly addressed. This course is particularly important for general and in-house counsel, chief compliance and regulatory officers, as well as IT managers.

The course starts with the technical and operational issues, namely, electronic records management - how organizations keep and manage information in electronic form. A good litigator must understand how data is created and stored, as well as corporate procedures for records management, maintenance, and destruction. It is also essential for lawyers to have a basic understanding of computer forensics and the recovery of “lost” information. Professionals who practice records management or deal with document retention within their corporations or organizations will find that this course offers enormous relevance to their strategic and tactical decisions.

The course then moves on to consider important and related legal issues, including:

• Producing, receiving, and managing discovery requests for electronic documents once you are in litigation
• Getting electronic documents admitted into evidence
• Avoiding spoliation and sanctions
• How the latest amendments to the Federal Rules of Civil Procedure impact e-discovery best practices
• Getting records managers and corporate executives to work with in-house and outside counsel to develop records management policies and procedures
• Strategies for document retention and elimination
• Ethical considerations in electronic discovery

A faculty of federal judges, practitioners, and leading industry experts presents and analyzes these issues and questions from all perspectives, using a combination of lectures, panel discussions, and technological and litigation demonstrations. Time is reserved to respond to registrants’ questions, and a reception following Thursday’s program provides registrants with additional networking opportunities.

Planning Chairs

• Ronald J. Hedges, Nixon Peabody LLP, New York; former U.S. Magistrate Judge, Newark, New Jersey
• Samuel H. Solomon, Founder and CEO, DOAR Litigation Consulting, New York

Faculty

• Woods K. Abbott, Senior Manager of Legal Operations, Raytheon Company, Waltham, Massachusetts
• Jason R. Baron, Director of Litigation, U.S. National Archives and Records Administration, College Park, Maryland
• Patrick J. Burke, Assistant General Counsel, Guidance Software, Inc., New York
• Conor R. Crowley, Managing Director, DOAR Litigation Consulting, New York
• M. James Daley, Redgrave Daley Ragan & Wagner LLP, Kansas City, Missouri
• Joseph V. DeMarco, Devore & DeMarco LLP, New York
• Andrew D. Goldsmith, Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
• Paul W. Grimm, Chief U.S. Magistrate Judge, Baltimore
• Dawson Horn, III, Assistant General Counsel, Altria Corporate Services, Inc., New York
• Anne Kershaw, A. Kershaw, P.C., Tarrytown, New York
• Laura M. Kibbe, Senior Corporate Counsel, Pfizer, Inc., New York
• Thomas C. Moore, Proskauer Rose LLP, New York
• Patrick L. Oot, Jr., Director of Electronic Discovery and Senior Counsel, Verizon Communications, Arlington, Virginia
• Robert D. Owen, Fulbright & Jaworski L.L.P., New York
• Robert Pietrzak, Sidley Austin LLP, New York
• Heather Reed, Senior Director, Information and Knowledge Management, Capital One Services, Inc., White Stone, Virginia
• James M. Rosenbaum, Chief U.S. District Judge, Minneapolis
• Lee H. Rosenthal, U.S. District Judge, Houston (invited)
• Eric J. Schwarz, National Leader, Legal Technology Services, Fraud Investigation & Dispute Services, Ernst & Young LLP, Dallas
• David O. Stephens, Zasio Enterprises, Inc., Smithfield, North Carolina

ALI-ABA Staff: Amy S. Weinberg, Assistant Director, Office of Courses of Study

Note: Times subject to minor change; the discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions.

Program

THURSDAY, JANUARY 17, 2008

7:30 a.m. Registration and Continental Breakfast

WEBCAST SEGMENT A

8:30 a.m. Introductory Remarks and Course Overview TECHNOLOGICAL AND OPERATIONAL ISSUES

8:45 a.m. Introduction to Terminology, Data, and Information Structures - Messrs. Solomon and Moore
• Data Identification: How They Are Created, Stored, and Managed
• Metadata: What It Is and Why It’s Important
• Where to Look for Electronic Documents: Back-up Tapes, PDAs, Servers, Laptops, etc.
• Estimating the Amount of Information that Can Be Yielded from a Given Set of Data
• Demonstration: Files, FAT, and Folders - Is the Evidence Gone?

10:10 a.m. Best Practices in Information Acquisition and Preservation - Messrs. Abbott and Schwarz
• What To Do and What To Avoid
• Defining a Response Plan
• The Process of Managing Data
• Deduplication

10:45 a.m. Networking Break

11:00 a.m. Speaking the Same Language: I.T., Records Management, and Legal Working Together on Process and Procedure - Mr. Burke, Moderator; Ms. Kershaw and Messrs. Oot and Stephens
• Why Keep Data
• What Data To Keep
• What Format To Use
• Preservation and Collection Protocols
• E-mail Archiving
• E-mail Management
• Pricing Pitfalls

12:30 p.m. Lunch Break

WEBCAST SEGMENT B

1:45 p.m. In-house Strategies Surrounding Records Management and Electronic Discovery - Mr. Horn and Mss. Kibbe and Reed

2:45 p.m. Networking Break

3:00 p.m. Best Practices in Search and Retrieval: New Approaches and New Research - Messrs. Baron and Solomon
• How To Approach Search and Retrieval Tasks: Setting Up a Good Process
• The Problem with Keywords
• Evaluating Alternative Search Methods
• Report on Current Government-sponsored Research
• Practice Pointers

4:15 p.m. Ethical Considerations in Electronic Discovery - Judge Grimm and Messrs. Daley and Horn
• Waiver
• Inadvertent Production
• Encryption

5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty

FRIDAY, JANUARY 18, 2008

8:00 a.m. Continental Breakfast

WEBCAST SEGMENT C
LEGAL ISSUES

8:30 a.m. Criminalization of Spoliation - Judge Grimm and Messrs. DeMarco, Goldsmith, and Hedges

9:15 a.m. Discovery and Judicial Decisions - Judge Rosenbaum and Messrs. Daley, Goldsmith, Hedges, and Owen
• Framing Discovery Requests
• Addressing Discovery Disputes
• Depositions To Uncover Electronic Evidence
• Cost Shifting and Burdens
• Data Sampling and Developing Search Protocols
• Producing to the Other Side
• Spoliation
• Criminal vs. Civil Litigation: Differences in Electronic Discovery
• Sampling
• Developing Search Terms

11:00 a.m. Networking Break

11:15 a.m. Demonstration: Spoliation Hearing and Motion for Sanctions - Judge Grimm and Messrs. Daley and Pietrzak

12:15 p.m. Lunch Break

WEBCAST SEGMENT D

1:30 p.m. Unique Issues under the Rule Amendments - Judges Grimm and Rosenthal and Messrs. Crowley, Owen, and Pietrzak
• Accessibility
• Safe Harbor
• Form of Production

3:00 p.m. Networking Break

3:15 p.m. Evidence and Admissibility Issues Surrounding Electronic Discovery - Judge Grimm and Messrs. Moore and Solomon
• Authentication
• Hearsay
• Best Evidence
• Relevance

4:45 p.m. Adjournment

Total 60-minute hours of instruction: 13.75

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; provision of information on recent legal developments

Level of Instruction: Basic

Tuition for this course is $1,195.00.

Tuition entitles registrants to admission to all sessions, a set of study materials, and Continental breakfasts and refreshment breaks daily, plus FREE access to the online archived program later.

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