“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

In this presentation, you will learn:

• How to Find the Goods and the Gold – How do we discover and collect content on the companies’ and and experts’ Twitter, Facebook, YouTube, and LinkedIn pages, or blogs?
• Issues with Privacy Laws and Privacy Walls – What privacy laws or regulations need to be considered when conducting discovery of social media content? How do they differ in different regions?
• The Importance of Social Media Policies – What type of policy and enforcement activities will help companies to take advantage of social media’s benefits while minimizing the risks it imposes on the business?

Discover the OnDemand Webinar

IT for Lawyers: What is in our corporate datacenter…and why you need to know!

Speaker: Janet Heins, Director, Collaboration & Information Governance  Biogen Idec.

Wednesday, August 24, 2011, 9:30 PT / 12:30 ET

The datacenter in your company houses a vast amount of information and across all business functions. To further complicate matters, the IT department is turning to the cloud and managed services to reduce costs and improve services.

After this webinar you will:

	Know a high-level landscape of a Corporate Datacenter
	Understand which components can be key to eDiscovery
	Know which key items to consider when engaging with third-party IT service providers
	Enhance communications with IT when partnering on requests

Register Now

As the amount of electronically stored information (ESI) explodes in the enterprise, the eDiscovery process is at a critical point. The document review process is already the most expensive portion of the eDiscovery process, and the continuing explosion of data will make it impossible or prohibitively expensive to continue with the current human-based review method.

Technologies already exist to assist in the review process but the legal system is struggling to determine how and where these technologies can be used.

What you will learn:

Why the explosion of data and cost of review is creating a critical legal issue?

Caselaw and Federal Rules that relate to using technology to assist in document review?

An overview of the technologies that can make the document review process faster and less expensive and how those technologies can be reasonably deployed?

Register Now!

James D. Shook, Esq., EMC eDiscovery expert

Published in DIGITAL DISCOVERY & E-EVIDENCE

Among lawyers, the word metadata is likely to conjure confusion, looks of disbelief, fear and–in rarer cases–a knowing smile. Metadata issues present some of the more vexing technical issues for litigation and e-discovery personnel. With metadata back squarely in the news from Judge Scheindlin’s opinion in National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, 10 Civ. 3488, (S.D.N.Y., 2/3/11), which held that certain metadata must be included in productions under the Freedom of Information Act, it seems like a good time to revisit the issues.

Read the Full Article: Metadata is Closer Than It Appears

William E. O'Neil, Jr., Esq., EMC eDiscovery expert

Part II

Faster, better, cheaper was the mantra at NASA as it set goals to improve quality, efficiency and better manage costs after several setbacks…it was a way to set goals and measure success from a “top down” approach of looking at it from all perspectives and seeking to better quantify risks & rewards in various programs…expect quality, but demand efficiency!!!

Benchmarking: People, Process & Technology

Identifying all the key players in the legal & regulatory processes that request ESI (consumers) and why they need it…then find all the key players and stakeholders that identify, preserve & collect ESI and the tools currently in use to help to understand the processes and the level of effort associated with eDiscovery from an internal resource perspective as well as from the third party cost perspective…and to understand risk.

Each organization is unique…understanding who touches the process is critical…knowing this early saves resources in the long run!!

Most organizations face a mix of needs for ESI:

• Internal Audits & Board driven actions
• Regulatory Investigations
• State & Federal Litigation

Consumers of ESI may include:

• Human Resources
• Litigation Counsel
• Regulatory Affairs
• General Counsel
• Internal Audit

Personnel involved in Preservation & Collection of ESI may include:

• Security
• IT
• 3^rd Parties / Service Providers
• Custodians
• Legal Service Providers
• Outside Counsel
• Internal Counsel
• Human Resources

Understanding all these different elements of the People, Process & Technology in your eDiscovery process is the key to controlling costs & mitigating risks.

If you would like to discuss this topic further…please give me a call or send an email @ ted.oneil at emc.com.

Discover More

William E. O'Neil, Jr., Esq., eDiscovery expert

Part I

Faster, better, cheaper was the mantra at NASA as it set goals to improve quality, efficiency and better manage costs after several setbacks…it was a way to set goals and measure success from a “top down” approach of looking at it from all perspectives and seeking to better quantify risks & rewards in various programs…expect quality, but demand efficiency!!!

Faster, better, cheaper was clear theme from LegalTech 2011…good Information Governance makes good business sense!

The hidden Return On Investment in eDiscovery lies in understanding the entire spend…not just the obvious third party costs and understanding and quantifying risks in the current process.

I have been working with several clients in developing business cases and ROI models to frame the various challenges and drive strategic initiatives.  The key to success is having developed a “base-line” understanding of the current process & identifying all key players.  The nature of eDiscovery tends to affect IT, RM, the Business and of course, Legal.

As “beauty is in the eyes of the beholder”…all parts the organization affected by the process sees this from a different perspective should be included in the dialogue.

Key drivers in these initiatives is cost take-out and optimization of eDiscovery & regulatory compliance processes.  Understanding the current state of the process, people involved, key processes & technology to get visibility & control of the process…this is typically an evolution over time and requires a continued commitment to total quality management.

Best Practices that cut across the broad theme of Faster, better, cheaper:

• Identify all the “stakeholders” & process owners
• Identify all “Consumers” of ESI
• Define cost of current process
• Understand the organization’s “Legal Profile”
• Form cross-functional team to drive change

Understanding all these different elements of the People, Process & Technology in your eDiscovery process is the key to controlling costs & mitigating risks.

If you would like to discuss this topic further…please give me a call or send an email @ ted.oneil at emc.com.

Discover More

EMC’s field attorney team, James D. Shook, Esq., Heidi Maher, Esq., and William O’Neil, Esq., have written a primer to help Legal understand technology and IT to understand eDiscovery Law.  The eDiscovery flip book is:

eDiscovery Primer for Legal and IT

The Lawyer’s Guide to eDiscovery Technology for Dummies

The Technologists Guide to eDiscovery Law for Dummies

“This free guide offers insight to both, Legal and IT, into the eDiscovery process.  Our book creates a common ground and framework for Legal and IT to discuss, scope, and efficiently manage an eDiscovery event,” said James D. Shook, Esq.

Download the Free Flip Book Today!

Thursday, June 9, 2011 – 11:00 AM EST

In this webinar you will learn:

Speaker: James D. Shook, Esq., CIPP

Director, E-Discovery and Compliance Practice
EMC Corporation

Jim Shook is a recognized authority on legal discovery and compliance issues related to electronic informa tion. On a regular basis, Mr. Shook discusses e-discovery, compliance, and privacy issues with companies throughout the world, sharing best practices, discussing challenges, and working to develop and deploy real-world solutions to these problems. He has also delivered expert consulting services in the compliance area, most recently in e-mail policy management and e-discovery preparedness.

Speaker: Brendan Schulman

eDiscovery Counsel
Kramer Levin

Mr. Schulman serves as Kramer Levin’s E-Discovery Counsel. In that capacity, he advises clients on the preservation, collection, processing, review and production of electronic information, with an emphasis on early case assessment and other cost-effective and defensible strategies. He also counsels attorneys and clients on effective discovery strategies and advocacy, with a view to emerging developments in this rapidly-evolving field. Mr. Schulman lectures and writes on electronic discovery and legal technology topics and is a member of The Sedona Conference Working Group 1 on Electronic Document Retention and Production and the American Bar Association E-Discovery and Digital Evidence Committee.

Moderator: Jeremy Evans

Of Counsel, Litigation Department
Paul Hastings

Jeremy Evans is an of counsel in the Litigation practice at Paul Hastings. Mr. Evans focuses his practice on civil and criminal antitrust matters, government and internal investigations, and complex commercial litigation cases.

Register Now!

Thursday, May 12, 2011 – 11:00 AM EST

eDiscovery and the Bench:
In this webinar a panel with a former judge will address:

Speaker: William O’Neil, Esq.

Principal, eDiscovery and Compliance Practice
EMC Corporation, New England

Mr. O’Neil is an attorney, author, lecturer and frequent blogger specializing in Information Governance, eDiscovery & regulatory compliance.  His responsibilities include the development, management and implementation of compliance solutions that enable organizations to manage their information infrastructure more efficiently and ensure legal & regulatory compliance.

Speaker: Judge Stephen C. Robinson

Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Litigation, Government Enforcement and White Collar Crime

Judge Stephen Robinson focuses on a range of litigation matters, including corporate internal investigations, government enforcement matters, commercial disputes and monitorships. Prior to joining Skadden in 2010, Judge Robinson served as a federal judge for the U.S. District Court for the Southern District of New York. He was nominated by President George W. Bush in 2003. While on the bench, Judge Robinson handled a full range of civil and criminal cases.

Moderator: Farrah Pepper

Of Counsel
Vice Chair — Electronic Discovery and Information Law Practice Group
Gibson Dunn

Farrah Pepper, an of counsel in Gibson, Dunn & Crutcher’s New York office, is Vice Chair of the firm’s Electronic Discovery and Information Law Practice Group.  Ms. Pepper’s practice is dedicated to providing her clients with strategic advice and legal services related to all stages of the EDRM life cycle, including the preservation, collection, processing, review, analysis and production of all types of electronically stored information, both domestically and abroad.  A frequent writer and speaker on e-discovery issues, Ms. Pepper is also an active member of various leading industry organizations, such as The Sedona Conference^® Working Group 1 on Electronic Document Retention and Production, Discovery and Disclosure, the American Bar Association (ABA) Committee on E-Discovery and Digital Evidence, ARMA International, the New York State Bar Association (NYSBA) Committee on Electronic Discovery and the New York chapter of Women in eDiscovery.

Register Now!