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

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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

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

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

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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?

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

Part III

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!!!

The Legal Profile:

An often overlooked link between the IT footprint and the FRCP is the notion of “source  mapping” or “mapping of sources” for the Rule 26f “Meet & Confer Conference” where the parties need to discuss & disclose potentially responsive ESI by “category or type”…if the organization understands what systems and repositories contain potentially responsive information, that ESI can be managed appropriately for the matter at hand and as an indicator as a source for future eDiscovery…most organizations have certain types of legal & regulatory challenges like employment, Intellectual property or other types of litigation and key regulatory issues which form a pattern of a “Profile”.

If these systems and applications are identified or “mapped” a categorization & classification of systems, data & ESI can be developed and used as an early assessment tool and a strategic tool to ensure proper preservation of ESI and notification of potential custodians.

Put another way, employment cases and Intellectual Property cases may share some common sources of ESI (email, file shares, collaborative spaces), but typically also have systems & repositories for business information related to the particular business function that is subject of the legal inquiry.  It is rare that all systems or applications would contain responsive ESI.

Here is an opportunity to move away from the “Hold All” order and develop a defensible response protocol for legal and regulatory matters and target responsive ESI and manage the non-responsive ESI according to standard business practices.  If you can’t find the handful of relevant ESI in the terabytes of data, then “retain all” may look like the “best option” in a bad situation.

Here is some hidden ROI:

Once Responsive ESI is identified, preserved & collected, it is a reasonable assumption that the non-responsive ESI is not subject to legal hold…but subject to ordinary lifecycle management (RM) or part of the organization’s GRC efforts within a sound Information Governance Program and only retained based on categorization & classification of information.

Leverage the opportunity to do some “house cleaing”…gain file visibility and perform file remediation…dispose of ESI that has outlived its useful life in a defensible, scalable manner.

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.

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Wednesday, April 27, 2011 – 11:00 AM EST

In this webinar you will learn more about:

Speaker: Heidi Maher

Principal — Compliance & eDiscovery Practice
EMC Corporation

Heidi Maher is an eDiscovery advisor in EMC’s Compliance & eDiscovery Practice where she leverages her legal experience along with EMC’s unique technology to help organizations address challenges related to e-discovery, compliance, and records management.

Speaker: Dave Bell

Counsel — Litigation and E-Discovery & Information Management Groups
Crowell & Moring LLP

Dave Bell is a counsel in the Litigation and E-Discovery & Information Management Groups in Crowell & Moring’s Washington, D.C. office. Dave’s practice involves a broad range of commercial, governmental and international litigation in federal courts, state courts and arbitral tribunals. He represents corporate and individual clients, as well as government agencies and officials, in all phases of litigation, including appeals to the United States Supreme Court. Dave’s litigation experience includes “public law” cases that involve the Foreign Sovereign Immunity Act (FSIA), the Federal Tort Claims Act (FTCA), the Alien Tort Statute, the Freedom of Information Act (FOIA), and application of the political question doctrine.

Speaker:Steve Bennett

Partner
Jones Day

Steve Bennett’s practice at Jones Day focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy, construction, corporate, energy, insurance, intellectual property, privacy and data security, and other disputes. Steve is chair of the Firm’s e-Discovery Committee and an active member of the Firm’s construction practice team.

Moderator: Jennifer Rearden

Partner
Co-Chair — Electronic Discovery and Information Law Practice Group
Gibson Dunn

Jennifer H. Rearden, a partner resident in Gibson, Dunn & Crutcher’s New York office, is Co-Chair of the firm’s Electronic Discovery and Information Law Practice Group.  She guides clients through every phase of electronic discovery, including the identification, preservation, collection, processing, review, analysis and production of electronic data and documents.  She provides practical advice regarding the design and implementation of cost-effective and efficient litigation readiness programs that can ease the burden of future discovery.  Ms. Rearden also advises her clients on the rapid changes in the legal standards applicable to electronic discovery, such as document retention and the enhanced penalties for failing to meet the latest requirements.

Register Today!

Heidi Maher, Esq., eDiscovery Expert

Just when you thought the idea of a government investigation couldn’t get any worse, here comes the new Supreme Court ruling in FCC v. AT&T, Inc., 562 U.S. ____(2011).

The case began in 2004, when AT&T realized that it may have been collecting too much government cash as part of the E-rate program that provides broadband access to schools around the country. The Federal Communications Commission (FCC) opened an investigation, and in response to its request for documents, AT&T turned over massive amounts of data.  The matter appeared to be resolved when AT&T paid a fine of $500,000 and agreed to fix its oversight of the program with no acknowledgment of wrongdoing.   However, the settlement was not good enough for CompTel, a trade association representing long-distance providers which included some AT&T competitors.  In 2005, CompTel’s assistant general counsel, made a Freedom of Information Act (FOIA) request seeking all the documents AT&T submitted to the FCC. When the FCC agreed to allow them access to this information, AT&T challenged that decision, citing an exemption in FOIA that bars the public release of government records when such action could “constitute an unwarranted invasion of personal privacy.”

AT&T maintained that the personal privacy exemption applied to corporations as well as people since corporations are considered legal “persons” in the United States.  This was the winning argument at a federal appeals court, convincing judges there to block the release of the information.  However, the Supreme Court disagreed and unanimously ruled against AT&T.  After lengthy discussions about grammar, the court concluded that though corporations are described as “persons” in the law, that doesn’t mean that “personal” in “personal privacy” applies to them.

This ruling should be a clear wakeup call to those corporate attorneys who operate under the assumption that it doesn’t really matter if they do not have good eDiscovery practices because the threat of serious sanctions is remote.  After this opinion, it will be easier for ordinary citizens and competitors to gain access to most records turned over during government investigations. Therefore, any damaging information that is turned over, whether relevant to the investigation or not, can potentially serve as fodder for the media and competitors. Since not turning over documents to government investigators is rarely an option, this means when the government comes knocking at the door, corporations who have their informational house in order, will have an easier time finding and turning over only the requested material and nothing else.  Corporate lawyers, who dump massive amounts of data over to investigators because they lack the knowledge or means to sort through them in time, can now be potentially held responsible for affecting their company’s bottom line.

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Esoteric ESI: Getting past Enterprise Email to discover Facebook, Social Media, and Mobile Devices

Date: Tuesday, March 15th, 2011

Craig Ball, Esq.

Time: 9:30 AM Pacific

Preserving, collecting and processing “basic” electronically stored information (“ESI”) such as email and unstructured data stored on laptops and file shares is a complex and expensive task for most organizations. But far more difficult work is just ahead… In this presentation, we will look at legal requirements and current practices in handling some of the more frequently encountered “esoteric” forms of ESI such as Facebook, Social Media, the Cloud, mobile devices, transient or “ephemeral” data and even SQL databases.

James D. Shook, Esq., CIPP EMC eDiscovery Expert

• What is beyond Email?
• Facebook: Social Media done Right
• Cloud: Public and Private…it matters
• Mobile devices: Treasure trove of email, SMS, and App Data
• Wikis, Blogs, and other user created content
• Ephemeral Data…elusive and relevant

Register Today, as space is limited for this premium webinar!

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Records Managers have greater involvement in discovery practices as organizations move discovery in-house as a repeatable business practice.  We’ll look at EDRM and the emerging IMRM and how the focus in eDiscovery is shifting.  We’ll help you understand how information management improves the discovery process and the role that records managers play.  Understand why shifting from a reactive to proactive stance can strategically benefit your organization, and the implications for information management.

If you missed LegalTech Session, click below to see the presentation:

Pardon the eDiscovery (CLE Credit)

Time: 4:00 – 5:00 pm ET

Room: Concourse Level Room F

This McLaughlin Group style, fast-paced, round table type session will tackle ten of the top eDiscovery challenges from three very different perspectives:  inside counsel, outside counsel, and an eDiscovery consultant.  With just a minute to spend on each topic, you can be sure to get a focused, opinionated perspective on each of these hot eDiscovery issues!

Speakers:

James D. Shook, Esq., Director eDiscovery & Compliance Legal Team EMC

Martin Tully, Esq., Litigation partner, Katten Muchin Rosenman

J. David Morris, EMC moderator

R.S.V.P. today, as space is limited.