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

“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

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.

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

Thursday, September 15, 2011

Speakers: Edwin M. Larkin, Esq. – Partner Venable, LLP  & James D. Shook, Esq. – Director of the eDiscovery and Compliance Team at EMC Corp.

Networking & breakfast:  8:00 – 8:30 a.m. EDT
Program: 8:30 – 10:00 a.m. EDT

In litigation matters, you are responsible for any relevant data that is in your “care, custody or control.” But what happens when that data is stored in “The Cloud”? Traditional notions of ownership and control no longer apply in the same manner as they have for physical goods, such as paper documents. What happens to your data – and your obligation to a court or regulator – when that provider will no longer access “your” data because they have terminated your account for non-payment or alleged mis-use? What if your provider needs 3 weeks to collect your data, but you have to respond within 3 days?

Join our panelists for a thought-provoking discussion in which we will discuss:

·         the basic framework of regulatory and compliance issues that you need to know when you entrust your data with a third party;

·         questions to ask and contract terms to consider when you are entering into a “cloud” agreement; and

·         different types of cloud models to consider that might fit your needs.

Location:

Vanderbilt Suites
Metlife Building
200 Park Ave. at E 45th St.
New York, NY 10166

Please email NYEvents@Venable.com by August 25 to register for this event.

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!

Discover More

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 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.

Discover More