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Rounding Up the 10 Biggest IP Litigation Wins of 2011

Laws, Regulations, and the Cloud: The Confluence of eDiscovery with Pervasive Governance – 4:30 pm – 5:30 pm – Concourse E

Today, many organizations are looking to the Cloud for answers for controlling escalating information management costs.  However, organizations cannot just be focused on the perceived information technology infrastructure cost savings offered by the Cloud.  Organizations must be equally focused on laws, regulations and information governance issues.  If your organization has governance issues currently, then the Cloud will only exacerbate them.  Discover what the Cloud means to others and why it’s critical to place Pervasive Governance ahead of any Cloud initiative in your organization.

Speakers:

Fiona Schrader, Principle Product Manager Records Retention, Compliance, and Governance

Tom Reding, CRM, EMC – Principal eDiscovery and Compliance Practice

William O’Neil, Jr., Esq., EMC – Principal eDiscovery and Compliance Practice

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

The Case For Machine Coding in Document Review: A Judicial Perspective – 2:00 pm – 3:00 pm in Concourse E

The case for using machine coding and classification of documents in the eDiscovery review process has never been stronger.  As costs and ESI volumes continue to grow, machine coding promises faster, cheaper – and better.  Yet there remain many concerns about how to properly use these technologies, and the potential for risk when used incorrectly.  Hear what a prominent member of the Judiciary and members of the Bar have to say about the promising future – and their concerns for reaching it.

Speakers:

Honorable Andrew J. Peck

Ed Larkin, Esq., Partner, Venable LLP

James D. Shook, Esq., Director of Compliance and eDiscovery team EMC

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

Harnessing Search Technology Effectively – 9:00 am – 10:00 am at Concourse E

Search has become a cornerstone of all legal technology, from legal research to early case assessment to document review. As search becomes more accessible, it also becomes more powerful, requiring experts in the technology to take full advantage of the available tools. There is still a gap though, as search methodologies used in different stages of a case are vastly different. Case teams need to assess what strategies must be used, engage experts in both subject matter and search technology, and be aware of potential pitfalls. This session will provide attendees an opportunity to hear from experts in the field, preparing them to tackle search more effectively in their own cases.

Speakers:

Charlie Kaupp, eDiscovery Consultant, Digital Strata, Inc.

Don C. McLaughlin, Jr., Esq., President and CEO, Falcon Discovery

Dan Brassil, Principal Consultant, H5

Kenneth Rashbaum –  Rashbaum Associates LLC

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

EMC to sponsor CLE Session at LegalTech 2012 on the issues, risks and benefits of bringing more e-Discovery in-house. 

“Although the FRCP amendments were enacted back in late 2006, their practical application is an evolving process for business, information technology, and legal professionals, as both  Discovery technologies and case law mature.”, notes David Yerich, Esq., Director of eDiscovery at Minneapolis based UnitedHealth Group and Advisory Board Member of CEDS.  “At its core eDiscovery is about technology, and technology is constantly evolving.  Taking a wait-and-see strategy, for the proverbial eDiscovery dust to settle, before addressing an organization’s litigation needs around electronically stored information (ESI), isn’t a good risk reduction strategy.  Judicial eDiscovery expectations around handling the ever changing types of ESI continue to increase. So by remaining static and not moving your organization forward, you are actually falling behind.”  Yerich notes that LegalTech is a great event to explore and learn about these risks, and potential ways to help minimize them.  “The LegalTech event offers a huge number of opportunities to discuss emerging legal challenges, showcase new technologies, and share best practices, so frontline business managers can develop concrete plans to help reduce litigation exposure in managing ESI.  I’m looking forward to attending.”

The LegalTech Session:

Overcoming the FUD to Bring More e-Discovery In-House   10:30 am – 11:30 am

Bringing more of the eDiscovery process in-house can result in substantial savings and better control over the process.  Yet many corporate IT and in-house counsel are afraid to assume the responsibility for the process.  Listen to a panel of experts discuss the most common concerns and how to overcome them to improve your process.

Speakers:

David Yerich, Esq., Director of eDiscovery, UnitedHealth Group

Ian Campbell, Co-founder and Chief Business Development Officer, iCONECT Development, LLC

James D. Shook, Esq., Director eDiscovery and Compliance Practice,  EMC Corp.

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

EMC to sponsor CLE Session at LegalTech 2012 on What General Counsel must know about Industrial Espionage, State Sponsored CyberTerrorism, and Hacktivisim from part of the team that responded to an advanced cyber attack on RSA in March of 2011.

“The day-to-day use of cyber risk intelligence is no longer just for government agencies – it’s a required competency for corporate survival,” said Art Coviello, Executive Chairman of RSA.  “The tempo and serious nature of recent attacks calls for urgent and bold countermeasures that position organizations not only to detect advanced threats, but also to predict how attacks may occur so they can take steps to help mitigate risk and impact. Combating advanced threats requires a new security mindset and vastly improved practices for gathering, sharing and acting on cyber risk intelligence.”

The LegalTech Session:

Security, Hacking, and the Rise of Corporate CyberTerrorism: What every GC must Know! – 12:00 pm – 1:00 pm

The benefits of corporate networks and the Internet, which deliver instant global communications, have accelerated the pace of business.  However, they have also created new vulnerabilities that cyber criminals, nation-states and “hacktivists” have learned to exploit.  Andrew Cohen, Esq., and Branden Williams were part of a team that responded to an advanced cyber attack on RSA in March of 2011.   In this session, you will learn the impact of advanced threats to corporate security, the impact of large scale intellectual property theft, and the Six Steps every General Counsel must know to help protect corporate interests.  RSA, The Security Division of EMC, provides security, compliance and risk management solutions to organizations throughout the world including 90 percent of Fortune 500 companies.

Speakers:

Andrew Cohen, VP and Associate General Counsel – EMC

Branden Williams, CTO, CISSP, CISM – RSA, an EMC company

Heidi Maher, Esq., EMC – Principal, eDiscovery and Compliance Practice

Register for the LegalTech CLE Session with Andrew Cohen and Branden Williams

RSA PressRelease ——

“Leading Chief Security Officers Outline Roadmap to Combat Advanced Threats”

RSA Sponsored CISO Panel Highlights Intelligence-Driven Security
as Strategic Game Changer in Battling Cyber Foes

BEDFORD, MA — January 17, 2012 —RSA, The Security Division of EMC (NYSE:EMC), released new insights from a group of the world’s leading chief security officers, designed to help corporations and governments dramatically improve visibility into advanced threats ranging from industrial espionage and disruption of business and financial operations to sabotage of corporate infrastructure.

The research report is the ninth in a series from the Security for Business Innovation Council (SBIC), and provides both business and technology executives with specific recommendations on how to develop an intelligence-driven approach to counter advanced threats.  Based on the real-world experiences of 17 top global information security leaders, the report provides a playbook for enterprise security executives who wish to leverage the universe of intelligence data available to help detect, predict and mitigate cyber attacks.

“The day-to-day use of cyber risk intelligence is no longer just for government agencies – it’s a required competency for corporate survival,” said Art Coviello, Executive Chairman of RSA.  “The tempo and serious nature of recent attacks calls for urgent and bold countermeasures that position organizations not only to detect advanced threats, but also to predict how attacks may occur so they can take steps to help mitigate risk and impact. Combating advanced threats requires a new security mindset and vastly improved practices for gathering, sharing and acting on cyber risk intelligence.”

Intelligence-Driven Security: a New Defense Doctrine for Advanced Threats

The SBIC is a group of top security leaders from Global 1000 enterprises convened by RSA to discuss top-of-mind security concerns and opportunities.  In the group’s latest report, “Getting Ahead of Advanced Threats: Achieving Intelligence-Driven Information Security,” the Council advocates for a new defense doctrine for combating advanced threats.  Called “intelligence-driven information security,” this collaborative, big data approach includes:

·         The consistent collection of reliable and actionable cyber-risk data from a range of government, industry, commercial, and internal sources to gain a more complete understanding of risks and potential exposures.
·         Ongoing research on prospective cyber adversaries to develop knowledge of attack motivations, favored techniques and known activities.
·         The growth of new skills within the information security team focused on the production of intelligence.
·         A process for efficient analysis, fusion, and management of cyber-risk data from multiple sources to develop actionable intelligence.
·         Full visibility into actual conditions within IT environments, including insight that can identify normal versus abnormal system and end user behavior.
·         Informed risk decisions and defensive strategies based on comprehensive knowledge of the threats and the organization’s own security posture.
·         Best practices to share useful threat information such as attack indicators with other organizations.

“It can be hard to digest having to develop a multi-year plan to learn who your adversaries are and how they’re going to steal from you,” said Tim McKnight, Vice President and Chief Information Security Officer, Northrop Grumman.  “Quarter-by-quarter, you may not see any losses.  It could be years until you see the losses – when all of a sudden, out of the blue, a company in another part of the world becomes the leader in your space, having subsidized itself with your R&D investments.”

The Council’s new report lays out a six-step roadmap to achieving intelligence-driven information security:

·         Step 1: Start with the Basics
Inventory strategic assets, strengthen incident-response processes and perform comprehensive risk assessments.
·         Step 2. Make the Case
Communicate the benefits of an intelligence-driven security program to executive management and key stakeholders.  Identifying “quick wins” to prove value out of the gate is essential for gaining broad organizational support, including funding.
·         Step 3. Find the Right People
Look for professionals who can blend technical security acumen with analytical thinking and relationship-building skills.
·         Step 4. Build Sources
Determine what data from external or internal sources would help detect, predict or lessen the chances for a targeted attack; evaluate sources on an ongoing basis.
·         Step 5: Define a Process
Codify a standardized methodology to produce actionable intelligence, ensure an appropriate and timely response and develop attack countermeasures.
·         Step 6: Implement Automation
Find opportunities to automate the analysis and management of large volumes of data from multiple sources.

PDF copies of “Getting Ahead of Advanced Threats: Achieving Intelligence-driven Information Security,” are available for download from the Security for Business Innovation Council website at http://www.RSA.com/securityforinnovation.

About the Security for Business Innovation Council

The Security for Business Innovation Council is a group of Global 1000 security executives committed to advancing information security worldwide by sharing their diverse professional experiences and insights.

Council members contributing to this report include:

·         Marene N. Allison, Worldwide Vice President of Information Security, Johnson & Johnson
·         Anish Bhimani, Chief Information Risk Officer, JPMorgan Chase
·         William Boni, Vice President and Chief Information Security Officer, Corporate Information Security, T-Mobile USA
·         Roland Cloutier, Vice President, Chief Security Officer, Automatic Data Processing, Inc.
·         Dave Cullinane, Chief Information Security Officer and Vice President, Global Fraud, Risk & Security, eBay
·         Dr. Martijn Dekker, Senior Vice President, Chief Information Security Officer, ABN Amro
·         Professor Paul Dorey, Founder and Director, CSO Confidential and Former Chief Information Security Officer, BP
·         Renee Guttmann, Chief Information Security Officer, The Coca-Cola Company
·         David Kent, Vice President, Global Risk and Business Resources, Genzyme
·         Petri Kuivala, Chief Information Security Officer, Nokia
·         Dave Martin, Chief Security Officer, EMC Corporation
·         Timothy McKnight, Vice President and Chief Information Security Officer, Northrop Grumman
·         Felix Mohan, Senior Vice President and Chief Information Security Officer, Airtel
·         Robert Rodger, Group Head of Infrastructure Security, HSBC Holdings Plc.
·         Ralph Salomon, Vice President, IT Security & Risk Office, Global IT, SAP AG
·         Vishal Salvi, Chief Information Security Officer and Senior Vice President, HDFC Bank Limited

This report also includes expertise from guest contributor William Pelgrin, President & CEO, Center for Internet Security; Chair, Multi-State Information Sharing and Analysis Center (MS-ISAC); and Chair, National Council of ISACs (NCI).

About RSA

RSA, The Security Division of EMC, is the premier provider of security, risk and compliance management solutions for business acceleration. RSA helps the world’s leading organizations solve their most complex and sensitive security challenges. These challenges include managing organizational risk, safeguarding mobile access and collaboration, proving compliance and securing virtual and cloud environments.
Combining business-critical controls in identity assurance, encryption & key management, SIEM, Data Loss Prevention, Continuous Network Monitoring, and Fraud Protection with industry leading eGRC capabilities and robust consulting services, RSA brings visibility and trust to millions of user identities, the transactions that they perform and the data that is generated. For more information, please visit www.RSA.com and www.EMC.com.

About EMC

EMC Corporation (NYSE: EMC) is the world’s leading developer and provider of information infrastructure technology and solutions that enable organizations of all sizes to transform the way they compete and create value from their information.  Information about EMC’s products and services can be found at www.EMC.com.

# # #
RSA and EMC are either registered trademarks or trademarks of EMC Corporation in the United States and/or other countries.  All other company and product names may be trademarks of their respective owners.

eDiscovery your bag? Interested in attending LegalTech 2012?  Then download the LegalTech Exhibit “Plus” Pass and send it in to LegalTech Headquarters for free pass to the show!

Discover the free LTNY12 exhibit PLUS here!     #LTNY

Join iConect for a sneak peek of iCONECT’s new product XERA.
Free webinar tomorrow 1PM EST

Register Here

With the continuing growth of eDiscovery, rapidly developing case law, and new technologies, the complexities associated with eDiscovery are daunting. The risk of mis-steps during the eDiscovery process weighs on the minds of Corporate Counsel, as well as IT professionals.  What do legal and IT professionals need most? Advice and education from trusted experts and professionals who have been in the eDiscovery trenches.

“eDiscovery and Information Governance is a dynamic and complex market. To be successful with eDiscovery projects and develop broader information governance strategies, teamwork across traditional roles is mandatory,” says James D. Shook, Esq., Director of eDiscovery and Compliance Practice at EMC. “This is our third year of sponsoring a day of thought leadership CLE sessions at LegalTech. With this year’s lineup we have brought together the best legal and technical minds to deliver best practice insights during sessions at Legal Tech in New York.”

EMC is sponsoring the following sessions for CLE credit on January 31st in Concourse E:

Harnessing Search Technology Effectively – 9:00 am – 10:00 am

Search has become a cornerstone of all legal technology, from legal research to early case assessment to document review. As search becomes more accessible, it also becomes more powerful, requiring experts in the technology to take full advantage of the available tools. There is still a gap though, as search methodologies used in different stages of a case are vastly different. Case teams need to assess what strategies must be used, engage experts in both subject matter and search technology, and be aware of potential pitfalls. This session will provide attendees an opportunity to hear from experts in the field, preparing them to tackle search more effectively in their own cases.

Speakers:

Charlie Kaupp, eDiscovery Consultant, Digital Strata, Inc.

Don C. McLaughlin, Jr., Esq., President and CEO, Falcon Discovery

Dan Brassil, Principal Consultant, H5

Kenneth Rashbaum –  Rashbaum Associates LLC

Overcoming the FUD To Bring eDiscovery In-House – 10:30 am – 11:30 am

Bringing more of the eDiscovery process in-house can result in substantial savings and better control over the process.  Yet many corporate IT and in-house counsel are afraid to assume the responsibility for the process.  Listen to a panel of experts discuss the most common concerns and how to overcome them to improve your process.

Speakers:

David Yerich, Esq., Director of eDiscovery at United HealthCare

Ian Campbell, iConect

James D. Shook, Esq., Director of Compliance and eDiscovery team EMC

Security, Hacking, and the Rise of Corporate CyberTerrorism: What every GC must Know! – 12:00 pm – 1:00 pm

 The benefits of corporate networks and the Internet, which deliver instant global communications, have accelerated the pace of business.  However, they have also created new vulnerabilities that cyber criminals, nation-states and “hacktivists” have learned to exploit.  Andrew Cohen, Esq., and Branden Williams were part of a team that responded to an advanced cyber attack on RSA in March of 2011.   In this session, you will learn the impact of advanced threats to corporate security, the impact of large scale intellectual property theft, and what every General Counsel must know to help protect corporate interests.  RSA, The Security Division of EMC, provides security, compliance and risk management solutions to organizations throughout the world including 90 percent of Fortune 500 companies.

Speakers:

Andrew Cohen, VP and Associate General Counsel – EMC

Branden Williams, CTO, CISSP, CISM – RSA, an EMC company

Heidi Maher, Esq., EMC – Principal, eDiscovery and Compliance Practice

The Case For Machine Coding in Document Review: A Judicial Perspective – 2:00 pm – 3:00 pm

The case for using machine coding and classification of documents in the eDiscovery review process has never been stronger.  As costs and ESI volumes continue to grow, machine coding promises faster, cheaper – and better.  Yet there remain many concerns about how to properly use these technologies, and the potential for risk when used incorrectly.  Hear what a prominent member of the Judiciary and members of the Bar have to say about the promising future – and their concerns for reaching it.

Speakers:

Honorable Andrew J. Peck, United States Magistrate Judge

Ed Larkin, Esq., Partner, Venable LLP

James D. Shook, Esq., Director of Compliance and eDiscovery team EMC

What it takes to have fun as a 30(b)6 witness – 3:15 pm – 4:15 pm

We have all heard horror stories, reviewed cases about organizations / defense teams who crashed and burned in court when they brought their ill-prepared, inarticulate, tech heads into the courtroom as “subject-matter-expert” (SME) / 30(b)6 witnesses in Federal Court on electronic records and eDiscovery matters.  Therefore, we have seen many examples of what not to do in those critical / do-or-die situations.  We at EMC thought it was about time someone showed you and explained what an example of an effective 30(b)6 witness looks like in addition, to what it took to prepare, what to do, what not to do and what was learned from the experience.  This session will employ a role-play learning method with a plaintiff as-well-as defense attorneys and our SME witness.

Speakers:

Thomas Reding, CRM

Heidi Maher, Esq.

Richard Vestuto, Esq., Vice President, Client Advisory Services, Merrill Corporation

Laws, Regulations, and the Cloud: The Confluence of eDiscovery with Pervasive Governance – 4:30 pm – 5:30 pm

Today, many organizations are looking to the Cloud for answers for controlling escalating information management costs.  However, organizations cannot just be focused on the perceived information technology infrastructure cost savings offered by the Cloud.  Organizations must be equally focused on laws, regulations and information governance issues.  If your organization has governance issues currently, then the Cloud will only exacerbate them.  Discover what the Cloud means to others and why it’s critical to place Pervasive Governance ahead of any Cloud initiative in your organization.

Speakers:

Fiona Schrader, Principle Product Manager Records Retention, Compliance, and Governance

Tom Reding, CRM, EMC – Principal eDiscovery and Compliance Practice

William O’Neil, Jr., Esq., EMC – Principal eDiscovery and Compliance Practice

RSVP and reserve your session seat @ EMC’s LegalTech Sessions

EMC Live Webcast:
Balancing Privacy v. Corruption: The Benefits of In-Place Investigation

Date: Tuesday November 8, 2011
Time: 7:00 am PT / 10:00 am ET / 15:00 GMT

Register now

Managing Bribery Act, eDisclosure, eDiscovery, and other event-driven investigations and the associated electronically stored information (ESI) – in an efficient and defensible manner, while balancing privacy rights – has become a critical business function. Driven by increasing cross-border legal and regulatory complications, as well as hefty fines, sanctions and damage awards, organizations can no longer afford to manually or poorly manage ESI.

In-Place Legal Hold is the best approach is to preserve ESI in-place to prevent spoliation and/or loss, and ensure privacy is maintained to keep non-relevant or private information from being collected to reduce risk and costs.

In this presentation, you will learn:

What market issues in the US and EMEA are driving the need to be proactively prepared for audits, investigations and eDiscovery / eDisclosure events

Best practices approaches to conducting in-place hold, analysis and categorization of ESI

Considerations for managing ESI in the context of regulatory, legal, governance and compliance demands

Register now >> 

For additional information, contact us at emc_live@emc.com. Direct replies to this message are routed to an unmonitored mailbox.