“My first experience at
this conference. I hope
it’s not my last. Very,
very informative. It
was well suited and
delivered for all people
in the legal profession.”
– 2009 participant
7th Annual
Advanced E-Discovery Institute
In Cooperation with The Sedona Conference®
November 18-19, 2010
The Ritz-Carlton, Pentagon City ~ Arlington,VA
CLE credit will be available.
Follow us!
B. Hot Topics for
Corporate Counsel
More corporations than ever are taking the
litigation “bull by the horns” with hands-
on e-discovery management. Learn from
forward-thinking corporate counsel about
what is “top of mind” with respect to
e-discovery, including: Whether and why
Agenda
companies are making investments to
in-source e-discovery management and
technologies, and how those initiatives
are working? How are companies engaging
with outside counsel and vendors on
e-discovery issues? How are in-house
counsel working with business decision-
Thursday, n 11:15 am-12:15 pm
makers regarding e-discovery risks
and trends?
November 18 Proportionality: Is it Real
or a Paper Tiger?
Moderator:
Panelists:
Dennis Browne
Courtney Ingraffia Barton
Proportionality has been touted as a key
n 7:30-8:15 am tool for reducing the rising costs associated
Jay Brudz
Registration and Continental Dawson Horn, III
with e-discovery. While procedural rules
Breakfast Pamela C. Williams
provide fertile opportunities to implement
the concept of proportionality, there is sig-
n 8:15-8:30 am nificant confusion about what proportional-
Welcome and Introductions C. The Business of E-Discovery
ity is, what are the relevant metrics
What often is not discussed in the
and when and how it should be raised.
n 8:30-9:30 am This panel will analyze those issues from
billion-dollar-a-year e-discovery industry is
Keynote Address: Conquering the how law firms, corporations and vendors
the perspectives of plaintiff ’s counsel,
Obstacles of E-Discovery – Lessons are structured to successfully compete in
defense counsel and the court.
Learned from the Seventh Circuit this rapidly evolving sector. This panel will
Moderator: Kevin F. Brady address the following questions, among
Pilot Program
Panelists: Hon. Andrew J. Peck others: Where is the line between
Hon. James F. Holderman
Hon. Joseph R. Slights, III “legal” and “non-legal” services? Which
Chief Judge, United States District Court for Conor R. Crowley e-discovery services warrant commodity
the Northern District of Illinois and co-cre- Joseph P. Guglielmo versus premium pricing? How are law
ator, 7th Circuit E-Discovery Pilot Program
firms addressing e-discovery risks and
n 12:15-1:30 pm challenges? What business models in this
n 9:30-10:00 am Lunch (On your own) space have already become obsolete?
Networking Break
What opportunities and trends will
n 1:30-2:45 pm emerge in the next six months? One
n 10:00-11:15 am Concurrent Focus Sessions year? Five years?
E-Discovery Case Law Update
We have continued to see a dramatic Moderator: Jonathan M. Redgrave
A. Privilege Reviews: Has FRE
increase in the number of reported decisions Panelists: Monica Bay
502 “De-Clawed” Traditional
addressing a wide variety of e-discovery Robert A. Eisenberg
Privilege Review Practices
issues. Our expert panel of judges from Mark E. Michels
and Costs?
across the country will discuss the hottest Robert D. Owen
Two years into the enactment of FRE 502,
cases and trends, taking into account do litigants really feel safer about how
up-to-the-moment developments. n 2:45-3:10 pm
they handle privilege review? Has FRE 502
Networking Break
Moderator: Kenneth J. Withers achieved its goal of reducing review costs?
Panelists: Hon. James M. Rosenbaum Has it actually changed the way ESI is
Hon. Lee H. Rosenthal reviewed? This session will survey recent
Hon. Shira A. Scheindlin case law developments and state law 2010 Institute
Hon. John M. Facciola equivalents, interpretations of 502’s Sponsors
Hon. Nan R. Nolan “reasonableness” standard for inadvertent
Hon. Andrew J. Peck waiver, creative uses of 502, best practices
for protective orders and reducing the
AlphaLit
burdens of creating privilege logs. Daegis
Moderator: Patrick L. Oot DiscoverReady LLC
Panelists: Hon. Elizabeth D. LaPorte Navigant Consulting, Inc.
James A. Batson Recommind
Michelle Greer Galloway
John J. Rosenthal TCDI
TechLaw Solutions
n 3:10-4:25 pm n 4:30-5:30 pm C. Early Evidence Assessment and
Concurrent Focus Sessions Concurrent Focus Sessions Strategies for Search, Retrieval
and Review
A. Evidence, Authenticity and A. Handling E-Discovery in Our expert panel will discuss advances in
Admissibility Class Actions and in Large assessment technologies and practices that
With continuing advancements in technol- Complex Cases permit identification of ESI characteristics
ogy and as the stark differences between Class actions and large, complex litigation and analysis of legal risks and challenges at
paper and electronic documents continue matters pose unique problems when it the beginning of a matter. They will show
to evolve, traps for ensuring the admissibil- comes to handling e-discovery because how that knowledge translates to advan-
ity of ESI as evidence continue to abound. they may involve hundreds, if not thousands, tages in determining and negotiating the
This panel of evidence experts will address of potential custodians and enormous vol- scope of ESI to be preserved, reviewed and
the foundations of getting ESI admitted into umes of data. In these cases, it is critical to produced in discovery. The panel will also
evidence, as well as practical pointers for develop thoughtful, defensible, and cost identify strategies to implement defensible
using ESI to win your case. effective strategies to identify, collect and search and culling processes with sampling
produce the ESI that is central to the techniques and other metrics.
Moderator: David J. Kessler
Panelists: Hon. John M. Facciola dispute. Our expert panel will discuss Moderator: Laura M. Kibbe
Prof. Stephen A. Saltzburg methods for dealing with e-discovery in Panelists: Vincent M. Catanzaro
Barbara Van Gelder complex cases, such as: bifurcating or Sherry B. Harris
Kenneth L. Wainstein phasing discovery, using sophisticated tools Thomas M. Mueller
to identify critical information and managing Steven W. Teppler
a case with an unusually large number of
B. Not Just EU Privacy: A Global potential custodians and massive
View on International E-Discovery amounts of data. n 6:00-10:00 pm
Globalization and the geographic Moderator: Martin J. Jaron, Jr. Pizza Party
proliferation of ESI have led to an increase Panelists: Hon. James M. Rosenbaum Co-sponsored by the eDiscovery Institute
in discovery of ESI located outside the Adam I. Cohen Join fellow Institute participants for
United States, presenting practitioners Michael E. Lackey, Jr. networking while enjoying pizza and
with complex legal, cultural and linguistic Ariana J. Tadler live entertainment. The Pizza Party is a
challenges. While touching upon data ticketed event. Please visit with an Institute
privacy and regulatory issues in the sponsor to obtain your ticket.
European Union, this session will also B. New E-Discovery Initiatives:
focus on other, just as important, What Lies Ahead?
international issues such as the challenges
of multi-lingual data sets, cultural differences
Not all e-discovery developments
come from the courtroom; some of the Friday,
in addressing discovery and dealing with
discovery in Asia, Canada and
most noteworthy arise by rule-making
committees, think tanks, and other
November 19
Eastern Europe. policy-influencing bodies. Activity from
n 8:00-8:30 am
Moderator: Browning E. Marean these sources has been at an all-time high
Continental Breakfast
Panelists: Seamus E. Byrne in 2010 – including the Judicial Conference
Advisory Committee’s “Duke Conference”
Chris Dale n 8:30-10:00 am
Amor A. Esteban regarding the need for further changes to
2010: A Sanctions Odyssey
Dominic Jaar the FRCP, state rule revisions, surveys and
The e-discovery sanction landscape is
papers by thought-leading organizations
developing more rapidly than ever. What
identifying problems and potential solutions,
were once considered “developing”
C. ESI in Criminal Proceedings and data from Phase I of the Seventh
e-discovery standards and practices are
High stakes criminal investigations involving Circuit Pilot Program. Representatives
now firmly entrenched, and those subject to
ESI can present unique challenges and involved with these initiatives will discuss
being sanctioned have expanded from the
risks not faced in civil litigation. This is recent activities and share their thoughts
parties themselves to outside and in-house
especially true in international Foreign about what will happen in the future.
counsel. During this session, hear from the
Corrupt Practices Act inquiries, which is Moderator: Hon. John L. Carroll authors of recent landmark opinions (Pension
an increasing focus of the U.S. Department Panelists: Hon. Lee H. Rosenthal Committee, Rimkus Consulting Group) as well
of Justice and the Securities and Exchange Hon. Nan R. Nolan as practitioners who address issues from
Commission. Learn how to manage ESI Thomas Y. Allman both plaintiffs’ and defendants’ perspectives.
preservation, collection and production Rebecca L. Kourlis Analyze standards that apply to spoliation
challenges in complex criminal matters like claims and receive tips about specific actions
an FCPA investigation. These issues will be that can be taken to mitigate risks for clients
addressed from the judicial, government and counsel alike.
and private practitioner perspectives.
Moderator: Ronald J. Hedges
Moderator: Hon. James C. Francis Panelists: Hon. Lee H. Rosenthal
Panelists: Hon. Joseph R. Slights, III Hon. Shira A. Scheindlin
Andrew D. Goldsmith William P. Butterfield
Kimberly A. Parker Jeane A. Thomas
Edward A. Rial Paul D. Weiner
n 10:00-10:30 am n 1:30-1:45 pm n 3:15-4:30 pm
Networking Break Networking Break Judicial Roundtable
A Georgetown tradition, our program
n 10:30 am-11:45 am n 1:45-3:00 pm closes with an open-agenda roundtable
Technology Focus – Databases The E-Discovery Emerging discussion among leading judges in the field
Databases run the world: everything Technology Forecast: Partly of e-discovery, featuring questions from
from e-mail to airline tickets to cell phone Cloudy, Partly Wiki, with the audience. No one can predict exactly
text messages lives in an ever-changing High Probability of Scattered where the dialogue will go, but topics may
database. When databases contain ESI Information Tsunamis include: What do judges expect from
relevant to litigation, how do you advise Relevant ESI is no longer limited to e-mail, parties and counsel handling e-discovery
on preservation, search, collection, review e-docs and databases stored on a client’s issues? What judicial management methods
and production? Counsel must know individual network, but now routinely are working and not working? How can
enough about databases to choose the includes ESI in environments known as the bench and the bar most effectively
best approach for the matter, which cloud computing, Web 2.0 (social media), “train” both counsel and courts to deal
begins with an understanding of database Web 3.0 (semantic web), virtualization with complex e-discovery and technical
structure and unique terminology. This and beyond. What are the challenges for issues? Are lawyers and courts “getting it?”
session will introduce you to various preservation, collection and production Moderator: Hon. John M. Facciola
types of databases typically encountered in these environments for both providers Panelists: Hon. Francis M. Allegra
during e-discovery. You’ll learn everything and data owners? What is the impact of Hon. James M. Rosenbaum
you’ve always wanted to know about developing case law, including the Supreme Hon. Lee H. Rosenthal
databases but were afraid to ask -- from Court’s review of Ontario v. Quon? Our Hon. Shira A. Scheindlin
the desktop to the enterprise. expert panel will examine these and other Hon. James C. Francis
critical issues. Hon Paul W. Grimm
Panelists: Craig D. Ball
Prof. Ophir Frieder Moderator: Jason R. Baron Hon. Elizabeth D. LaPorte
Panelists: Hon. Francis M. Allegra Hon. Nan R. Nolan
n 11:45-12:15 pm Theresa Beaumont Hon. Andrew J. Peck
Box Lunch Distribution Tanya L. Forsheit Hon. Joseph R. Slights, III
Daniel L. Regard
n 12:15-1:30 pm n 4:30 pm
Ethics Game Show: Some n 3:00-3:15 pm Closing Remarks and
Real World “E-thical” Issues Networking Break Adjournment
Ethics can be challenging, but why can’t it
be fun too? Join us for this highly interac-
tive look at some of the most bizarre and
unusual -- yet true -- e-ethics quandaries To better serve you, all course materials
in a game show format. Learn what will be provided to you electronically by
happens when ESI crosses paths with the email prior to the program. Benefits of
ABA Model Rules of Professional Con- downloadable course materials include:
duct in cases you won’t believe actually
happened. Find out how to avoid ethical 1.Effortless search features. Save time by keyword searching
traps for the unwary when dealing with downloadable course materials, rather than flipping through a course book.
ESI. Match wits with our seasoned panel 2.More in-depth content. Without page constraints, speakers will
-- and your fellow audience members have the opportunity to provide more comprehensive materials.
-- and see if you can take home one of
our exciting prizes. You are guaranteed to 3.Easily transportable. You no longer have to lug around that
leave this session more ethical than when heavy course book. Download the materials to a flash drive or laptop,
you arrived! or only print the articles you need. Additionally, you can revisit materials
online even after the program has concluded.
Moderator: Jeremy R. Feinberg
Panelists: Hon. James C. Francis 4.Help save the environment. With materials in an eco-friendly
Hon. Paul W. Grimm format, review the materials in advance and print only those that you
Maura R. Grossman find helpful.
n About Georgetown Law CLE n About The Sedona Conference®
Georgetown Law CLE has established over a thirty year tradition The Sedona Conference® is a 501(c)(3), nonprofit law and policy
providing the legal community high quality programs. Our programs think tank based in Sedona, Arizona, focusing on antitrust law,
are developed with the profession’s ever-changing needs in mind, complex litigation, and intellectual property rights. Its Working Group
while at the same time meeting the mandatory CLE requirements on Electronic Documents produced The Sedona Principles for elec-
of various state bars. Located in the heart of the nation’s capital, we tronic document production and numerous other commentaries on
feature the country’s leading officials, judges and practitioners. eDiscovery. For further information on The Sedona Conference®, its
Conferences or Working Groups, go to www.thesedonaconference.org.
Jason R. Baron
National Archives & Records
Administration
College Park, MD
Advisory Board & Courtney Ingraffia Barton
Senior Discovery Counsel
Speakers AOL LLC
Washington, DC
James A. Batson
Advisory Board Hon. Elizabeth D. LaPorte Liddle & Robinson, LLP
Co-Chairs Magistrate Judge New York, NY
Kevin F. Brady U.S. District Court,
Northern District of California Monica Bay
Connolly Bove Lodge & Hutz LLP Editor-in-Chief
Wilmington, DE San Francisco, CA
Law Technology News
Robert A. Eisenberg Hon. Nan R. Nolan American Lawyer Media
Precise, Inc. Magistrate Judge New York, NY
Washington, DC/New York, NY U.S. District Court,
Northern District of Illinois Theresa Beaumont
Hon. John M. Facciola Chicago, IL Discovery Counsel
Magistrate Judge Google Inc.
U.S. District Court, District of Columbia Hon. Andrew J. Peck Mountain View, CA
Washington, DC Magistrate Judge
U.S. District Court, Allison L. Brecher
Jonathan M. Redgrave Southern District of New York Marsh & McLennan Companies, Inc.
Nixon Peabody LLP New York, NY New York, NY
Washington, DC Dennis Browne
Hon. James M. Rosenbaum
Planning Co-Chairs U.S. District Court, District of Minnesota Associate General Counsel, Litigation
Jeane A. Thomas Minneapolis, MN Capital One Services, LLC
Crowell & Moring LLP Richmond, VA
Washington, DC Hon. Lee H. Rosenthal
U.S. District Court, Jay Brudz
Paul D. Weiner Southern District of Texas Senior Counsel, Legal Technology
Littler Mendelson PC Houston, TX General Electric Company
Philadelphia, PA Fairfield, CT
Hon. Shira A. Scheindlin
U.S. District Court, William P. Butterfield
Judges Hausfeld LLP
Hon. Francis M. Allegra Southern District of New York
New York, NY Washington, DC
U.S. Court of Federal Claims
Washington, DC Seamus E. Byrne
Hon. Joseph R. Slights, III
Superior Court of Delaware Associate Director
Hon. James C. Francis KordaMentha
U.S. District Court, Wilmington, DE
Melbourne, Victoria, Australia
Southern District of New York
New York, NY Board Members & Vincent M. Catanzaro
Speakers DuPont Legal
Hon. Paul W. Grimm Thomas Y. Allman Wilmington, DE
Chief Magistrate Judge Cincinnati, OH
U.S. District Court, District of Maryland Hon. John L. Carroll
Baltimore, MD Mark L. Austrian Cumberland School of Law
Kelley Drye & Warren LLP Samford University
Hon. James F. Holderman Washington, DC Birmingham, AL
Chief Judge
U.S. District Court, Craig D. Ball Adam I. Cohen
Northern District of Illinois Law Offices of Craig D. Ball, P.C. FTI Consulting
Chicago, IL Austin, TX New York, NY
Hon. Kent A. Jordan
U.S. Court of Appeals, Third Circuit
Wilmington, DE
David R. Cohen Gilbert O. Greenman Rebecca L. Kourlis Edward A. Rial
Kirkpatrick & Lockhart Preston Williams & Connolly LLP Executive Director Deloitte Financial Advisory
Gates Ellis LLP Washington, DC Institute for the Advancement Services LLP
Pittsburgh, PA of the American Legal System New York, NY
Matthew I. Cohen Maura R. Grossman University of Denver
Wachtell, Lipton, Rosen & Katz Denver, CO Jeffrey B. Ritter
AlixPartners LLC
New York, NY Waters Edge Consulting
New York, NY
Michael E. Lackey, Jr. Reston, VA
Conor R. Crowley Joseph P. Guglielmo Mayer Brown, LLP
Scott + Scott LLP Washington, DC Herbert L. Roitblat
Law Offices of Conor R. Crowley
New York, NY OrcaTec LLP
McLean, VA
David J. Lender Ojai, CA
Chris Dale Sherry B. Harris Weil, Gotshal & Manges LLP
Richmond, VA New York, NY John J. Rosenthal
The e-Disclosure
Winston & Strawn LLP
Information Project Ronald J. Hedges Browning E. Marean Washington, DC
Oxford, United Kingdom Attorney at Law DLA Piper, LLP
M. James Daley New York, NY San Diego, CA George Rudoy
Daley & Fey, LLP Shearman & Sterling LLP
Dawson Horn, III James L. Michalowicz
Overland Park, KS New York, NY
Tyco International (US), Inc. ACT Litigation Services
Carol L. Eoannou Princeton, NJ Valencia, CA Prof. Stephen A.
BNA, Inc. Saltzburg
Dominic Jaar Mark E. Michels
Arlington, VA The George Washington
Ledjit Consulting, Inc. Cisco Systems, Inc. Law School
Amor A. Esteban Montreal, Canada San Jose, CA Washington, DC
Shook Hardy & Bacon, LLP Martin J. Jaron, Jr. Thomas M. Mueller Ariana J. Tadler
San Francisco, CA Holland & Knight LLP Morrison & Foerster, LLP Milberg LLP
Jeremy R. Feinberg McLean, VA New York, NY New York, NY
Statewide Special Counsel for Anne Kershaw Patrick L. Oot Steven W. Teppler
Ethics and the Commercial A. Kershaw, PC//Attorneys & Co-Founder & Edelson McGuire, LLC
Division Consultants General Counsel Chicago, IL
NY Office of Court Tarrytown, NY The Electronic Discovery
Administration
Institute Barbara Van Gelder
New York, NY Gilbert S. Keteltas
Fort Lauderdale, FL Morgan, Lewis & Bockius LLP
Howrey LLP
Tanya L. Forsheit Washington, DC
Washington, DC Timothy M. Opsitnick
InformationLawGroup
JurInnov Ltd. Ellen M. Voorhees
Los Angeles, CA David J. Kessler
Cleveland, OH National Institute of
Drinker Biddle & Reath, LLP
Carmen Oveissi Field Standards & Technology
Philadelphia, PA Robert D. Owen
Daylight Forensic & Advisory LLC Gaithersburg, MD
Laura M. Kibbe Fulbright & Jaworski, L.L.P.
New York, NY
New York, NY Kenneth L. Wainstein
Senior Vice President
Prof. Ophir Frieder O’Melveny & Myers, LLP
Document Review Services Kimberly A. Parker
Professor and Chair Washington, DC
Epiq Systems WilmerHale, LLP
Department of Computer New York, NY Washington, DC Pamela C. Williams
Science
Georgetown University Donnie L. Kidd, Jr. Vice President & Counsel
Law Offices of Donnie Kidd Daniel L. Regard WellPoint
Washington, DC
Tysons Corner, VA Intelligent Discovery Indianapolis, IN
Michelle Greer Galloway Solutions, Inc.
Cooley Godward Kronish LLP Mark R. Koehn Washington, DC Kenneth J. Withers
Palo Alto, CA Paul, Hastings, Janofsky & Director of Judicial
Walker LLP Mark V. Reichenbach Education & Content
Andrew D. Goldsmith Washington, DC Practice Support Manager The Sedona Conference®
National Criminal Discovery Proskauer Rose, LLP Phoenix, AZ
Coordinator New York, NY
U.S. Department of Justice
Washington, DC
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Washington, DC 20001-2075
7th Annual
Advanced E-Discovery Institute
In Cooperation with The Sedona Conference®
November 18-19, 2010
The Ritz-Carlton, Pentagon City
Arlington,VA
Georgetown University Law Center Non-Profit
Continuing Legal Education U.S. Postage
600 New Jersey Avenue, NW PAID
Washington, DC 20001-2075 Wash., D.C.
No. 3493
Attention Mail Room:
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employed, please forward this material to the successor.
Why You Should Attend At the 2010 Institute, you will:
Identify the most efficient, economical and defensible approaches to preservation,
The continuing recession has motivated corporations, law firms, collection, processing, review and production of electronic discovery
government agencies and service providers to reduce costs Analyze the developing case law of e-discovery
wherever possible, including the challenging sphere of e-discovery. Develop the know-how to control e-discovery costs without compromising “defense-of-
Today’s economy requires many organizations to maintain process”
specialists in-house or retain outside consultants to oversee an
Learn the true impact of FRE 502 on the document review process and its effect
e-discovery process that is financially sound and legally defensible.
on the high cost of privilege review
Explore how corporations have taken e-discovery in-house and its impact on litigators,
Adding pressure to these financial constraints are the increas-
vendors, other members of the e-discovery community
ingly common threats of spoliation sanctions, massive pre-trial
Examine how to manage ESI preservation, collection and production challenges in
expenses and professional liability, all of which have made too real
complex criminal matters, including FCPA investigations
the potential of serious repercussions for anyone working in the
field of e-discovery. Learn to grapple successfully with the unique and highly problematic e-discovery issues
arising in class actions and large complex cases
This “perfect storm” demands that practitioners learn how to Explore the universe of early evidence assessment technologies and strategies for search,
reduce expenses and risk while delivering quality and defensible retrieval and review
results and capitalizing on the benefits of best practices. By Journey through the realm of spoliation practice and learn how to avoid the dangers that
attending the Advanced E-Discovery Institute, you will be able await the uninitiated
to focus on today’s pressing legal issues with professionals from Receive tips on your e-discovery practice directly from the judges during our popular
around the world. You will receive advice from the leading ex- judicial roundtable
perts in e-discovery, including more judicial speakers than at any Plus much more with the opportunity to customize your learning experience with
other e-discovery CLE program in the country. concurrent focus sessions
This annual program has a very practical and ambitious goal – to
In-house counsel
provide all attendees with the knowledge base and accessible skill
Who Will be Attending
n
set to practice effective, cost-efficent, highly defensible e-discovery. n Litigation support professionals
n Federal judges n Plaintiff lawyers n IT professionals
n State court judges n Defense lawyers n E-Discovery service
providers and consultants