Advanced E-Discovery Institute A Practical Guide to by tao16360


									                                                  GeorgetownCLE: INSTITUTE
                                                                      Your Authoritative Legal Resource
                                                                              from the Nation’s Capital

In Cooperation with the Federal Judicial Center

The 3rd Annual
Advanced E-Discovery Institute:
A Practical Guide to Implementation
of the New Federal Rules

Thursday-Friday, November 16-17, 2006
Georgetown University Law Center • Washington, DC
12.0 CLE credit hours (for states based on a 60 minute hour, incl. 1.0 hour of legal ethics)
14.0 CLE credit hours (for states based on a 50 minute hour, incl. 1.0 hour of legal ethics)

                             L P    E-Discovery 101: Introduction
                           IA HO
                         ECS     to the Technology of Electronically
                       SP RK             Stored Information
                                     Wednesday, November 15, 2006
                                            Details Inside!
    IAL OP                E-Discovery 101:
  ECKSH    Introduction to the Technology
SP R of Electronically Stored Information
W               Wednesday, November 15, 2006
                            Georgetown University Law Center • Washington, DC

                                                      5.5 CLE credit hours (60 minute hour)
                                                      6.5 CLE credit hours (50 minute hour)

                                                   - What is ESI?                                        I 11:45 am-12:15 pm
Agenda                                             - How is ESI different from “traditional”
                                                     information -- what we used to call
                                                                                                         Box Lunch
                                                                                                         Sponsored by AlphaLit
I 8:15-8:45 am                                     - Types of Electronically Stored Information
                                                                                                         I 12:15-1:00 pm
Registration & Continental Breakfast               - How is ESI actually stored electronically?
                                                   - Components to an electronic document                Lunch Presentation: The Judicial
Sponsored by Stratify, Inc.
                                                   - Where is ESI stored?                                Viewpoint on Technology and E-Discovery
                                                   - Special issues                                      Hon. John M. Facciola
I 8:45-9:00 am
Introduction                                                                                             I 1:00-1:15 pm
Hon. Ronald J. Hedges                              I 10:15-10:45 am
                                                   Networking Break                                      Networking Break
- What is ESI?                                     Sponsored by Stratify, Inc.
                                                                                                         I 1:15-1:45 pm
- What is electronic discovery?
  (Overview of how technology changes              I 10:45-11:45 am                                      Collection
  discovery)                                       Preservation                                          Panelists: Adam I. Cohen
- Goals and objectives of workshop                 Panelists: Hon. Ronald J. Hedges                                 Quintin Gregor
                                                              Matthew I. Cohen                                      Jonathan M. Redgrave
I 9:00-10:15 am                                               Carmen Oveissi Field
                                                                                                         -   Global issues in collection
Enough Technology to Be Dangerous
                                                   - Preservation obligations                            -   Developing a collection plan
Panelists: Craig D. Ball
                                                   - Preservation challenges                             -   Methods of collection
           John J. Rosenthal
                                                   - Developing preservation protocols –                 -   Preserving integrity of the native
           Timothy M. Opsitnick
                                                     program and plan                                        document and its associated metadata
           George Rudoy
                                                   - Legal hold notices - communicating
                                                     legal holds as it relates to technology
                                                   - Methods of data preservation
                                                   - Special cases

        Why You Should Attend                                             These are the questions that include the core concepts
                                                                          and are addressed by this program:
 Although both litigators and practice support specialists are
                                                                          1. What is Electronically Stored Information (ESI)?
 compelled by the potential of dire consequences to seek a greater
                                                                          2. How do we use technology to best PRESERVE ESI?
 level of sophistication in E-discovery technical procedures and
                                                                          3. How do we use technology to best PROCESS ESI?
 implementing technology, often the more sophistication one attempts
                                                                          4. How do we use technology to best REVIEW ESI?
 to acquire, the more one is likely to be afflicted by confusion.
                                                                          5. How do we use technology to best PRODUCE ESI?
 The goal of the one-day workshop is to provide attendees with a          6. What does the immediate future hold for all these ESI technologies?
 solid understanding of core concepts of E-discovery technology
                                                                          The responses to these foundational questions comprise the critical
 necessary for the practical application of E-discovery rules and
                                                                          E-discovery foundation. We sincerely believe that as presented by our
 practices. The workshop is unique among the many E-discovery
                                                                          all-star faculty, E-discovery 101 is the essential Electronic Discovery Primer.
 seminars currently conducted across the United States.
I 1:45-2:15 pm
Panelists: Donnie L. Kidd, Jr.
           Kenneth Marchese

- What is data processing?
- Data processing methodologies            Craig D. Ball                                  Mark E. Michels
- Role format of production plays          Law Offices of Craig D. Ball, P.C.             Cisco Systems, Inc.
  in processing                            Austin, TX                                     San Jose, CA
- Qualifying vendors
- Maintaining data integrity               Adam I. Cohen                                  Patrick Oot
- Deduplication                            FTI Consulting, Inc.                           Verizon Communications
- Exception reports                        New York, NY                                   Arlington, VA
- Treatment of specific file types
                                           Matthew I. Cohen                               Timothy M. Opsitnick
I 2:15-3:00 pm                             Alix Partners LLC                              JurInnov Ltd.
Review                                     New York, NY                                   Westlake, OH
Panelists: Sherry B. Harris
           Herbert L. Roitblatt            Hon. John M. Facciola                          Carmen Oveissi Field
                                           U.S. District Court,                           Daylight Forensic & Advisory LLC
- Review tools                             District of Columbia                           New York, NY
- Review methodology                       Washington, DC
- Information retrieval technologies                                                      Jonathan M. Redgrave
  available for review                     Quintin Gregor                                 Redgrave Daley Ragan & Wagner LLP
- Planning and implementing the            LECG, LLC                                      Washington, DC
  review process                           Atlanta, GA
- Staffing considerations and options                                                     Herbert L. Roitblat, Ph.D.
- Evaluating the review process            Sherry B. Harris                               OrcaTec LLC
- Techniques to identify and manage        Hunton & Williams LLP                          Ojai, CA
  privileged documents                     Richmond, VA
- Privilege                                                                               John J. Rosenthal
                                           Hon. Ronald J. Hedges                          Howrey LLP
                                           U.S. District Court,                           Washington, DC
I 3:00-3:15 pm
                                           District of New Jersey
Networking Break                           Newark, NJ
Sponsored by Stratify, Inc.                                                               George Rudoy
                                                                                          Shearman & Sterling LLP
                                           Martin J. Jaron, Jr.                           New York, NY
I 3:15-3:45 pm                             Holland & Knight LLP
Production                                 McLean, VA                                     Steven Shankroff
Panelists: Mark E. Michels                                                                Legal Technology
           Steven V. Shankroff             Donnie L. Kidd, Jr.                            Global Operations Manager
                                           Squire, Sanders & Dempsey L.L.P.               Skadden, Arps, Slate, Meagher & Flom LLP
- Strategic issues in production           Tysons Corner, VA                              New York, NY
- Redaction
- Forms of production                      Kenneth Marchese                               George J. Socha, Jr.
                                           Capital Legal Solutions, LLC                   Socha Consulting LLC
I 3:45-4:30 pm                             Falls Church, VA                               St. Paul, MN
Other issues
Panelists: Martin J. Jaron, Jr.
           Patrick Oot
           George J. Socha, Jr.

-   Controlling and allocating costs
-   Internal resources v. outside vendor
                                                           About Georgetown CLE
-   Experts
                                                           Georgetown CLE has established a thirty-year tradition
-   Future Trends
                                                           providing the legal community high quality programs. Our
I 4:30-4:45 pm                                             programs are developed with the profession’s ever-changing
Closing Remarks
                                                           needs in mind, while at the same time meeting the mandatory
I 4:45 pm                                                  CLE requirements of various state bars. Located in the heart
Adjournment                                                of the nation’s capital, we feature the country’s leading
                                                           officials, judges and practitioners.
                         Advanced E-Discovery Institute
                                            -   Who needs to know what about the            I 2:15-3:30 pm
 12.0 CLE credit hours (for states              electronic information system before the
                                                                                            What to Do When Litigation Starts:
 based on a 60 minute hour, incl.               case starts and why
                                                                                            Preservation Issues, Initial Disclosures
                                            -   How the new FRCP require a reevaluation
 1.0 hour of legal ethics)                                                                  and the Initial Conference
                                                of information management policies and
                                                                                            Moderator: Hon. John L. Carroll
 14.0 CLE credit hours (for states              procedures and in what respects
                                                                                            Panelists:   Matthew I. Cohen
 based on a 50 minute hour, incl.           -   The role of e-mail archiving and other
                                                                                                         Conor R. Crowley
                                                archiving tools
 1.0 hour of legal ethics)                                                                               Ann Kershaw
                                                                                                         Mark V. Reichenbach
                                            I 12:00-12:15 pm                                             David Schieferstein
                                            Box Lunch
Thursday, November 16                       Sponsored by FTI Ringtail                       -   What triggers a duty to preserve
                                                                                                electronically stored information
                                            I 12:15-1:00 pm                                 -   How widely does the preservation net
I 8:00-8:30 am                                                                                  need to be cast and does this evaluation
                                            Managing the E-Discovery Process
Registration and Continental Breakfast      Moderator: Adam I. Cohen                            change at different stages of the litigation
Sponsored by Attenex Corporation            Panelists: Thomas I. Barnett                    -   Best practices for implementing and
                                                       Sherry B. Harris                         updating litigation hold notices
I 8:30-8:45 am                                         Laura M. Kibbe                       -   What details about ESI do you need
Welcome and Introduction                                                                        for initial disclosures
                                            -   Assembling the right mix of expertise       -   Determining reasonable timeframes for
I 8:45-9:30 am                                  for the E-discovery team                        case scheduling when dealing with
                                            -   Evaluating the real cost of E-discovery         uncertain but large volumes of
Keynote Address: The New Federal Rules –
                                            -   Should you buy or rent your technology          electronic information
What They Mean for Electronic Discovery -
                                            -   Where are the minefields to avoid           -   Reasonable and unreasonable meet and
Rationalization or Transformation
                                                                                                confer positions and how to convince
Hon. Lee H. Rosenthal
                                            I 1:00-1:15 pm                                      the judge
I 9:30-9:45 am                              Networking Break
                                                                                            I 3:30-3:45 pm
Networking Break
                                            I 1:15-2:00 pm                                  Networking Break
Sponsored by Attenex Corporation
                                                                                            Sponsored by Attenex Corporation
                                            Strategic Planning for E-Discovery
I 9:45-10:45 am                             in a Changing Environment
                                            Moderator: Carol L. Eoannou                     I 3:45-5:00 pm
Key Developments in the Case Law Over
                                            Panelists:   Michael A. Clark                   The Preservation Problem: Sanctions
the Past Year and Trends Going Forward
                                                         George J. Socha, Jr.               Moderator: Jonathan M. Redgrave
Moderator: Hon. Ronald J. Hedges
                                                         Christopher D. Wall                Panelists: Hon. Lee H. Rosenthal
Panelists:  Michael R. Arkfeld
                                                                                                       Mark E. Michels
            Adam I. Cohen
                                                                                                       Patrick Oot
            Brent E. Kidwell
                                            -   An overview of the E-discovery                         John J. Rosenthal
                                                market place                                           Ariana J. Tadler
I 10:45 am-12:00 pm
                                            -   The emerging view of E-discovery from the
Litigation Readiness under                      law department and corporate boardroom      -   The limits of the Rule 37 “safe harbor”
the New Federal Rules                       -   New trends in the automation of the         -   Full disclosure: Counsel’s manual for
Moderator: Craig D. Ball                        E-discovery process                             addressing what every client needs to
Panelists:   Woods Abbott                   -   Best investments in girding the client          know about the “safe harbor”
             Thomas Y. Allman                   and law firm for E-discovery battle         -   How do you determine “exceptional
             Deidre Paknad                                                                      circumstances”
             Bill R. Schiefelbein                                                           -   What does good faith mean in the
                                            I 2:00-2:15 pm
                                                                                                litigation hold context
                                            Networking Break
                                                                                            -   Where does backup tape recycling
                                            Sponsored by Attenex Corporation
                                                                                                fit within the “safe harbor”
                                                   A. E-Discovery in Regulatory Investigations        I 2:00-2:15 pm
I 5:00-6:00 pm                                                                                        Networking Break
                                                   Panelists:    David M. Boyhan
Networking Cocktail Reception                                                                         Sponsored by ieDiscovery, Inc.
                                                                 David M. Brodsky
Sponsored by Capital Legal Solutions LLC                         David C. Shonka
                                                                 David W. Wetmore                     I 2:15-3:15 pm
Friday, November 17                                                                                   Producing Electronically Stored Information
                                                                                                      Moderator: Robert A. Eisenberg
                                                   -   Negotiating E-discovery production
                                                       parameters with the regulators                 Panelists:  Hon. Paul W. Grimm
I 8:30-9:00 am                                     -   Marshalling know-how and technology                        Hon. David J. Waxse
Continental Breakfast                                  in meeting stringent deadlines                             Khizr M. Khan
Sponsored by ieDiscovery, Inc.                     -   Anticipating civil litigation in the                       Joseph Looby
                                                       E-discovery response to regulatory
I 9:00-10:15 am                                        inquiries and prosecution                      -   Format issues under the new rules
Use of Traditional Discovery Mechanisms            -   Proactive measures in anticipation of          -   What to do about metadata
to Pursue E-Discovery: Interrogatories,                regulatory inquiry or action                   -   Avoiding inadvertent waiver
Document Requests and the 30(b)(6)                                                                    -   Privilege logs longer than War and Peace
Deposition                                         B. E-Discovery from the Government                 -   Advantages and pitfalls of native
Moderator: Dan Regard                                                                                     format production
                                                   Panelists:    Hon. John M. Facciola
Panelists:   Hon. Nan R. Nolan                                   Jason R. Baron
             Mark L. Austrian                                    Theodore C. Hirt                     I 3:15-4:15 pm
             Monica W. Latin                                     Rachel Spector                       Evidentiary Admissibility Issues – Now That
             James L. Michalowicz                                                                     You’ve Got It, How Are You Going to Use It
             Thomas Skelly                         -   Significance of the E-Government Act           Moderator: David J. Lender
                                                   -   Application of the Federal Records Act         Panelists:  Hon. Kent A. Jordan
-   Dealing with the two tiers of accessibility        and agency retention regulations                           Michael E. Lackey, Jr.
    under the new FRCP                             -   The United States as depository of
-   Responding to interrogatories with                 information; the United States as a “person”   -   Evidentiary hurdles confronting different
    electronically stored information                  subject to subpoena and the Touhy                  types of electronic evidence
-   When and how to use sampling                       regulations                                    -   Dealing with authentication issues
-   Identifying and preparing the                  -   FOIA and Privacy Act considerations when       -   Hearsay exceptions and admissibility
    right 30(b)(6) deponent                            litigating against the United States               of e-mail
                                                   -   Privilege waiver and confidentiality
I 10:15-10:45 am                                       agreements with the United States during       I 4:15-5:00 pm
Networking Break                                       government investigations                      Judicial Wrap Up – Hear From the
Sponsored by ieDiscovery, Inc.                                                                        Judges About What the Changes
                                                   C. E-Discovery in the Criminal Context             to the Rules Will Mean to You
I 10:45-11:30 am                                   Panelists:    Hon. Joseph R. Slights, III          Moderator: Hon. Lee H. Rosenthal
Collecting Electronically Stored Information                     Gary DiBianco                        Panelists:   Hon. John M. Facciola
Moderator: Martin J. Jaron, Jr.                                  Peter S. Spivack                                  Hon. Paul W. Grimm
Panelists:   Lee Curtis                                                                                            Hon. Ronald J. Hedges
             Kevin Esposito                        -   Government expectations of preservation                     Hon. Kent A. Jordan
             Eric M. Friedberg                         and collection in criminal investigations                   Hon. Nan R. Nolan
             Paul M. Robertson                     -   Managing preservation, collection and
                                                       review to preserve chain of custody            I 5:00 pm
-   How to assess the appropriate scope                and authenticity                               Adjournment
    of collection                                  -   Forensic collection and analysis in
-   Will collection practices be impacted              criminal investigations
    by the new FRCP                                -   Collection of information in international
-   When is forensic collection necessary &            investigations: navigating international
    best practices in executing a forensic             data privacy statutes                          2006 Patrons:
-   Using internal or external resources or data   I 12:45-1:00 pm
    harvesting: When are client’s resources        Networking Break                                   Connolly Bove Lodge & Hutz LLP
    adequate to harvest data and when should
    client seek outside aid
                                                   I 1:00-2:00 pm
                                                                                                      Holland & Knight LLP
-   Special issues associated with electronic
    information stored outside the                 Ethical Issues in E-Discovery                      Hunton & Williams LLP
    United States                                  Moderator: Kevin F. Brady
                                                   Panelists:   Hon. Paul W. Grimm                    LECG, LLC
                                                                Hon. Ronald J. Hedges
I 11:30-11:45 am
Box Lunch
                                                                Hon. David J. Waxse                   Philip Morris USA
                                                                Professor Daniel J. Capra
Sponsored by Ernst & Young, LLP
                                                                                                      Pike & Fischer, Inc.
                                                   -   Privilege review and waiver –
I 11:45 am-12:45 pm                                    Proposed FRE 502                               Squire, Sanders & Dempsey, LLP
Breakout Sessions                                  -   Proposed changes to FRCP 26(b)(5)
                                                   -   Mining metadata and embedded data              Verizon Communications
                                                   -   Role and ethical obligations of counsel
                                                                                           Laura M. Kibbe                         John J. Rosenthal

                                                     Speakers                              Managing Director,
                                                                                           Discovery Response Team
                                                                                           Pfizer, Inc.
                                                                                                                                  Howrey LLP
                                                                                                                                  Washington, DC
                                                                                                                                  Hon. Lee H. Rosenthal
                                                                                           New York, NY
                                                                                                                                  District Judge
                                                                                           Donnie L. Kidd, Jr.                    U.S. District Court,
Program Chairs:                              Matthew I. Cohen
                                             Alix Partners LLC
                                                                                           Squire, Sanders & Dempsey, LLP         Southern District of Texas
                                                                                           Tysons Corner, VA                      Houston, TX
Kevin F. Brady                               New York, NY
Connolly Bove Lodge & Hutz LLP                                                             Brent E. Kidwell                       George Rudoy
Wilmington, DE                               Conor R. Crowley                              Jenner & Block LLP                     Global Manager
                                             Labaton Sucharow & Rudoff LLP                 Chicago, IL                            Practice Technology Support
Robert A. Eisenberg                          New York, NY                                                                         Shearman & Sterling LLP
Vice-President, E-discovery Consulting                                                     Michael E. Lackey, Jr.
                                             Lee Curtis                                                                           New York, NY
Capital Legal Solutions, LLC                                                               Mayer, Brown, Rowe & Maw LLP
Falls Church, VA                             Managing Director                             Washington, DC                         Hon. Shira A. Scheindlin
                                             High Tech Investigations and IT Consulting                                           District Judge
Hon. John M. Facciola                        AON Corporation                               Monica W. Latin                        U.S. District Court,
Magistrate Judge                             Los Angeles, CA                               Carrington, Coleman, Sloman &          Southern District of NY
U.S. District Court, District of Columbia                                                  Blumenthal, L.L.P.
                                             M. James Daley                                                                       New York, NY
Washington, DC                                                                             Dallas, TX
                                             Redgrave Daley Ragan & Wagner LLP
Jonathan M. Redgrave                         Kansas City, MO                               David J. Lender                        Bill R. Schiefelbein
Redgrave Daley Ragan & Wagner LLP                                                          Weil, Gotshal & Manges LLP             LECG, LLC
Washington, DC                               Gary DiBianco                                 New York, NY                           Washington, DC
                                             Skadden, Arps, Slate, Meagher & Flom LLP
                                             Washington, DC                                Joseph Looby                           David Schieferstein
Advisory Board &                             Carol L. Eoannou
                                                                                           FTI Consulting, Inc.                   Counsel, Records Management &
                                                                                           New York, NY                           E-Discovery Support
Faculty Members:                             Managing Editor,                                                                     Philip Morris USA
                                             "Digital Discovery & e-Evidence"              James L. Michalowicz                   Richmond, VA
Woods Abbott                                                                               Altman Weil, Inc.
                                             Pike & Fischer, Inc.
Senior Manager of Legal Operations                                                         Newtown Square, PA                     Hon. Randall T. Shepard
                                             Silver Spring, MD
Raytheon Company, Waltham, MA                                                                                                     Chief Justice
                                             Kevin Esposito                                Mark E. Michels                        Indiana Supreme Court
Thomas Y. Allman                                                                           Dispute Resolution Manager
                                             Director, Electronic Discovery                                                       Indianapolis, IN
Mayer, Brown, Rowe & Maw LLP                                                               Cisco Systems, Inc.
                                             Pfizer, Inc.
Chicago, IL                                                                                San Jose, CA                           David C. Shonka
                                             Morris Plains, NJ
Michael R. Arkfeld                                                                                                                Federal Trade Commission
                                             Craig Freeman                                 Hon. Nan R. Nolan                      Washington, DC
Arkfeld & Associates                                                                       Magistrate Judge
                                             President & Chief Executive Officer
Phoenix, AZ                                                                                U.S. District Court,                   Thomas Skelly
                                             Amici, LLC
Mark L. Austrian                             New Albany, NY                                Northern District of Illinois          Director of Practice Information Services
Kelley Drye Collier Shannon                                                                Chicago, IL                            Covington & Burling LLP
                                             Eric M. Friedberg                                                                    Washington, DC
Washington, DC                                                                             Patrick Oot
                                             Stroz Friedberg, LLC
Craig D. Ball                                New York, NY                                  Director of Electronic Discovery and   Hon. Joseph R. Slights, III
Law Offices of Craig D. Ball, P.C.                                                         Senior Counsel                         Superior Court of the State of Delaware
                                             Hon. Paul W. Grimm                            Verizon Communications                 Wilmington, DE
Austin, TX
                                             Magistrate Judge                              Arlington, VA
Thomas I. Barnett                            U.S. District Court, District of Maryland                                            George J. Socha, Jr.
Sullivan & Cromwell LLP                      Baltimore, MD                                 Timothy M. Opsitnick                   Socha Consulting LLC
New York, NY                                                                               Senior Partner and General Counsel     St. Paul, MN
                                             Sherry B. Harris                              JurInnov Ltd.
Jason R. Baron                               Senior Case Management Specialist                                                    Rachel Spector
                                                                                           Westlake, OH
Director of Litigation,                      Hunton & Williams LLP                                                                U.S. Department of the Interior
Office of the General Counsel                Richmond, VA                                  Carmen Oveissi Field                   Washington, DC
National Archives                                                                          Daylight Forensic & Advisory LLC
                                             Hon. Nathan L. Hecht                                                                 Peter S. Spivack
and Records Administration                                                                 New York, NY
                                             Justice, Texas Supreme Court                                                         Hogan & Hartson L.L.P.
College Park, MD                                                                           Deidre Paknad                          Washington, DC
                                             Austin, TX
David M. Boyhan                                                                            President & CEO
                                             Hon. Ronald J. Hedges                                                                Ariana J. Tadler
Director- Email Discovery                                                                  PSS Systems
                                             Magistrate Judge                                                                     Milberg Weiss Bershad & Schulman LLP
Merrill Lynch & Co., Inc.                                                                  Mountain View, CA
                                             U.S. District Court, District of New Jersey                                          New York, NY
New York City, NY                                                                          Dan Regard
                                             Newark, NJ                                                                           Ellen Voorhees
David M. Brodsky                                                                           Managing Director
                                             Theodore C. Hirt                                                                     National Institute of
Latham & Watkins LLP                                                                       LECG, LLC
                                             Assistant Director,                                                                  Standards & Technology
New York, NY                                                                               Washington, DC
                                             Federal Programs Branch, Civil Division                                              Gaithersburg, MD
Prof. Daniel J. Capra                        U.S. Department of Justice                    Mark V. Reichenbach                    Lori Ann Wagner
Philip D. Reed Professor of Law              Washington, DC                                Office of the General Counsel          Redgrave Daley Ragan & Wagner LLP
Fordham University School of Law                                                           Merrill Lynch & Co, Inc.
                                             Martin J. Jaron, Jr.                                                                 Minneapolis, MN
New York, NY                                                                               New York, NY
                                             Holland & Knight LLP                                                                 Christopher D. Wall
Hon. John L. Carroll                         McLean, VA                                    Jeffrey B. Ritter                      Legal Consultant
Dean and Ethel P. Malugen Professor of Law                                                 Director
                                             Hon. Kent A. Jordan                                                                  Kroll Ontrack Inc.
Cumberland School of Law                                                                   Waters Edge Consulting
                                             District Judge                                                                       Washington, DC
Birmingham, AL                                                                             Reston, VA
                                             U.S. District Court, District of Delaware                                            Hon. David J. Waxse
Michael A. Clark                             Wilmington, DE                                Paul M. Robertson                      Magistrate Judge
Managing Director                                                                          Redgrave Daley Ragan & Wagner
                                             Anne Kershaw                                                                         U.S. District Court, District of Kansas
EDDix LLC                                                                                  Boston, MA
                                             A. Kershaw, PC//Attorneys & Consultants                                              Kansas City, KS
Milford, CT                                                                                Herbert L. Roitblat, Ph.D.
                                             Tarrytown, NY                                                                        David W. Wetmore
Adam I. Cohen                                                                              OrcaTec LLC
                                             Khizr M. Khan                                                                        Executive Director,
Senior Managing Director                                                                   Ojai, CA
                                             National Litigation Technology Manager                                               Fraud Investigation & Dispute Services
FTI Consulting, Inc.                                                                                                              Ernst & Young LLP
                                             Hogan & Hartson LLP
New York, NY                                                                                                                      Minneapolis, MN
                                             Washington, DC
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and we will process a 100% refund for your registration fee!         PA 6.0% (or 7.0% if from Philadelphia or Allegheny County.)
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                                                                            Georgetown University Law Center, Continuing Legal Education
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                                                                                                                                                                             No. 3493

                    L P
                  IA O
               ECKSH    E-Discovery 101:
             SP R
               O Introduction to the Technology
                                        of Electronically Stored
                                      Wednesday, November 15, 2006
                                             Details Inside!

    Attention Mail Room:
    If the individual whose name is on the label is no longer
    employed, please forward this material to the successor.

Who Will Be Attending                                                                                                     GeorgetownCLE: INSTITUTE
                                                                                       The 3rd Annual
                                        Federal judges
                                     State court judges                                Advanced E-Discovery Institute:
                                      Plaintiff lawyers                                A Practical Guide to Implementation
                                      Defense lawyers
                                      In-house counsel                                 of the New Federal Rules
                                       IT professionals                                Thursday-Friday, November 16-17, 2006
                                     EDD Consultants                                   In Cooperation with the Federal Judicial Center
                                         EDD Vendors                                   Georgetown University Law Center • Washington, DC

                                        I It has become increasingly clear that, today, many courts           Quoting Georgetown Advisory Board member Sherry Harris, the
Why You Should Attend This Program

                                        expect practitioners to possess a level of sophistication in e-dis-   article states: “If you don’t have a well-thought out e-discovery process,
                                        covery matters that was very, very rare in the recent past.           you’ve left yourself wide open to sanctions. You need a system or
                                                                                                              process that tracks every step you take so you can defend what
                                        The risks of electronic discovery-related sanctions and the need to   you did later on.”
                                        know how to handle e-discovery in today’s legal world are growing
                                        relentlessly, and may be accelerated with the upcoming implemen-      At this third annual conference, planned by a distinguished Advisory
                                        tation of the revised Federal Rules of Civil Procedure, set to go     Board of the country’s leading practitioners of electronic data
                                        into effect on December 1, 2006.                                      discovery, you will learn:

                                        How does one prepare for a rapidly emerging new                       I   How the new Federal Rules will impact the E-discovery process
                                        e-discovery paradigm?                                                     and the manner in which the courts have already taken the new
                                                                                                                  Rules into account
                                        In fact, the prevailing paucity of preparedness is evident.           I   What, specifically, are the obligations of counsel under the new
                                                                                                                  Rules in aiding a client in responding to a demand for production
                                        In a recent article on “Data Mining,” Inside Counsel reported that
                                                                                                                  of electronic documents
                                        “there are two kinds of legal departments out there: those that
                                                                                                              I   How counsel best educates itself, the court, other triers of fact
                                        are prepared for a lawsuit involving a mountain of electronic
                                                                                                                  and the client about E-discovery
                                        documents and those that aren’t. Unfortunately, most fall
                                                                                                              I   What judges really look for from plaintiffs and defendants through
                                        into the latter category.”
                                                                                                                  out the E-discovery process
                                        The article states that according to a recent national study, only    I   How to avoid sanctions that could potentially devastate the client’s
                                        14% of legal departments surveyed believe they have “tools and            case or even the client
                                        processes in place to handle e-discovery, and only 28% rate their     I   How counsel best protect themselves from professional liability
                                        companies as more proactive than reactive regarding e-discovery           and ethical compromise resulting from the poorly conceived
                                        readiness.” Inside Counsel reported that e-discovery authority            planning and execution of the E-discovery process
                                        and Georgetown Advisory Board member Michael Clark said,
                                                                                                              This is an advanced program. It is not a primer on the new Federal Rules.
                                        “Only 32% of companies say they have an established e-discovery
                                                                                                              The Rules will be e-mailed to all participants in advance of the program and
                                        response workflow…Without one, a company, by definition, is in a
                                                                                                              all participants will be expected to have reviewed them. This program is for
                                        reactive mode.” Inside Counsel further states that “consultants
                                                                                                              those lawyers and litigation support personnel who wish to broaden their
                                        and attorneys agree the reactive approach is dangerous.”
                                                                                                              existing knowledge of e-discovery and learn from the experts about what
                                                                                                              today’s best practices are and what they may be “trending” to become.

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