Date :
Thursday, November 15, 2012
9:00 AM – 5:00 PM

In searching in this blog for past events that I’ve attended, most of the links and contents have changed and/or disappeared!

Here’s the agenda:
8.30
REGISTRATION AND COFFEE
9.00
CHAIR’S INTRODUCTION AND CONFERENCE OUTLINE
Chris Dale, The eDisclosure Information Project

A brief overview of the rules and cases used to challenge the conventional view
• Goodale: if the court can make any order, you can seek any order
• The pending Rule 31.5 to encourage active judicial decision-making
• How can you persuade your opponent and the judge to your point of view?

9.20
THE QUESTIONNAIRE/PRACTICE DIRECTION/GOODALE
Moderator: Chris Dale, The eDisclosure Information Project
Panellists: Vince Neicho, Litigation Support Manager, Allenn & Overy LLP
Senior Master Steven Whitaker, Senior Master of the Supreme Court of England and Wales in the Queen’s Bench Division, the Queen’s Remembrancer and a former barrister
Kate Paslin, Associate General Counsel – International, AccessData Group

The Questionnaire
• When do you need to complete the Questionnaire?
• What value does it have, even where it does not necessarily apply?
• How do you gather the information early, without incurring significant time and expense?
The Practice Direction
• When does the Practice Direction apply?
• What obligations arise for discussion and cooperation?
Goodale
• This session will assist you in deciding what you really need on your own side and developing the arguments which support any derogations from the stringent obligations under Rule 31.6.

10.30
NETWORKING AND REFRESHMENTS BREAK
11.00
COSTS AND TECHNOLOGY
Moderator: George Socha, President, Socha Consulting LLC
Panellists: Browning Marean, Senior Counsel, DLA Piper US LLP
Dominic Regan, Professor, City University of London
Johannes Scholtes, CSG, ZyLAB
Drew Macaulay, Director, First Advantage Litigation Consulting

Costs
• Costs estimates: how to gather the information and
estimates
• Identifying the certainties and uncertainties
Technology
• What are clustering, email threading, and predictive
coding?
• What do these tools do and what are their strengths
and limitations?

12.15
NETWORKING LUNCH
13.30
HOW SHOULD YOUR LAW FIRM STRUCTURE ITS eDISCLOSURE TEAM?
Moderator: Browning Marean, Senior Counsel, DLA Piper US LLP
Panellists: Vince Neicho, Litigation Support Manager, Allenn & Overy LLP
George Socha, President, Socha Consulting LLC
Matthew Davis, Litigation Support Lawyer, Hogan Lovells International LLP
Robert Lewis MBE, Global Director, Barclays CFI/ eDiscovery
David Kemp, Autonomy

Competition: Not just outsourcers, but also clients, consulting firms, and barristers
• Outsourcing:
1. Processing: how do you deal with the processing of ESI? Should you outsource it? If so, when?
2. Document review: what are you outsourcing? What role will your law firm play on an “outsourced” review?
• Staffing: What sort of people would best manage eDisclosure in a law firm or in-house department? How do you find the most appropriate staff, train them, and then learn from them?

14.45
NETWORKING AND REFRESHMENTS BREAK
15.15
OVERCOMING THE CHALLENGES OF PRESERVATION AND COLLECTION
Moderator: Vince Neicho, Litigation Support Manager, Allenn & Overy LLP
Panellists: Browning Marean, Senior Counsel, DLA Piper US LLP
George Socha, President, Socha Consulting LLC
Mark Surguy, Legal Director, Dispute Resolution & Litigation Group, Eversheds
Senior Master Steven Whitaker, Senior Master of the Supreme Court of England and Wales in the Queen’s Bench Division, the Queen’s Remembrancer and a former barrister

Preservation
• What are the obligations in a jurisdiction which lacks the US formal concept of legal hold?
• What are the implications of Judge Brown’s statement in Earles v Barclays Bank to the effect that companies who expect litigation must be ready for it and should have the tools and processes to manage it?
• What does the warning in Paragraph 7 of the PD (to advise your clients to stop deletion) really mean?
• How do you keep alert to the Rybak-type situation where your client or his opponent may have deleted data deliberately?
Collection
• Considerations: How? How much? Where from? With what resources? By whom?
• What are the implications of over- or undercollecting?
• Who needs to talk to whom and with what agenda?

16.30
CHAIR’S CLOSING REMARKS AND RECAP