The Masters Conference

Masters Conference Schedule:
 

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DAY ONE:  
 
8:00-9:00 a.m. Registration

9:00 a.m. - 10:00 a.m. Keynote Address
Speaker:
Randy Sabett, Partner, Sonnenschein Nath & Rosenthal, LLP
The Evolving Nature of Data Protection...And Some New Ideas To Consider"
Historically, corporate America has perceived data protection purely as an unavoidable expense.  A number of factors have contributed to a shift in this view point, including continued and worsening data breaches involving personal information, much more focused and insidious attacks, and very high profile losses of intellectual property.  Now, Capitol Hill has become an active participant with at least 30 bills pending that in some way, shape, or form relate to data security.  What are some of the more radical players considering in protecting their data?  We'll talk about that and a number of other related  issues.

10:00-10:30 a.m. Break – Sponsored by: UHY
 
10:30-11:30 a.m. General Sessions
 
When Good Faith is not Good Enough
The global economic crisis is making its mark: a rising tide of corporate litigation, consolidations and mergers, and some of the century’s most sweeping changes to corporate governance. Regulators are promising hard hitting new rules and hefty sanctions impacting all sectors. Boards of directors, customers, courts and regulators are taking notice and demanding action.

As legal departments and their IT brethren are struggling to bring information governance and eDiscovery in line with tightening rules and regulations, the exponential growth of geographically dispersed information from a raft of data sources presents them with a daunting challenge. Traditional policies and methods for governance and discovery of electronically stored information are falling short, yet organizations must comply or risk fines and sanctions that put shareholder value, public confidence and brand integrity at risk.

The legal and regulatory environment surrounding information governance is evolving in three phases. This panel will discuss the opportunities and risks affecting legal and compliance officers, trends in case law and rules, and best practices for managing the disciplines of information governance and discovery through the evolution.
Sponsored By: Autonomy

Moderator: Deborah Baron, VP, Legal & Compliance, Autonomy, Inc.

Speakers:  Jason Baron, Director of Litigation, National Archives and Records Administration
Steven C. Bennett, Partner, Jones Day
Mike Leonard, Womble Carlyle Sandridge and Rice
Browning Marean, Partner, DLA Piper LLP

Why Most Enterprise Implementations Fail to Make the Grade
It takes just 10,000 employees to generate more electronic documents in a year than is contained in the entire Library of Congress. It is easy to see how archiving e-mail and files for large enterprises can be a daunting challenge. This session cuts through the vendors’ marketing brochures to identify the real problems, formulate the hard questions to ask vendors and outline ways to evaluate and compare solutions to fit your needs. Armed with this knowledge, your chances of implementation success can be significantly improved.
Sponsored by: ZL Technologies
 
Speakers:
Kon Leong, President & CEO, ZL Technologies
George J. Socha, Jr., Esq., Socha Consulting LLC
 
Early Case Assessment: Looking to the Future - From Early Assessment to Early Awareness
ECA technology is poised to radically change how companies approach e-Discovery.  However, those who view ECA as only a cost-saving solution for eDiscovery have taken too narrow a view of its application. The distinguishing capability of ECA — rapid search & intelligent classification of vast information stores — when combined with effective processes, will enable corporations to adopt innovative strategies focused on discovery, data privacy, data loss, general records & information management as well as cost reduction.

This panel will cover the following:

• Examining the imitations of “traditional” e-Discovery
• Discussing current ECA technology solutions, processes, and limitations
• Highlighting ECA risks, opportunities, and considerations
• Taking ECA technology beyond e-Discovery

Sponsored by: Deloitte

Moderator: Richard Simon, Senior Manager, Deloitte Financial Advisory Services LLP

Speakers: Dean Gonsowski, Esq, VP of E-Discovery Services, Clearwell
Gil Greeman, Partner, Williams & Connoly LLP
Joseph J. Bial, Associate, Cadwalader, Wickersham & Taft LLP

11:45 p.m. - 12:45 p.m. Lunch - Sponsored by CACI
 
1:00 p.m. - 2:00 p.m. General Sessions
 
Effective Document Collection and Legal Hold Protocols
This panel session will discuss regulatory investigation and litigation readiness and how corporate counsel and firms are shifting focus "to the left" of the EDRM Model:

• Implementing a defensible document collection / legal hold process
• Different schools of thought: forensic imaging vs. selective collection
• A matter of privacy: how to navigate cross-jurisdictional data privacy concerns / laws
• Addressing data created and/or kept off-site and preserving relevant data quickly (both structured & unstructured)
• Automation of the identification, preservation, and collection process
• Eliminating unnecessary data retention to ensure normal business operation
• Releasing the hold: All things must come to an end

Sponsored By: Recommind
 
Speakers:
Stephanie “Tess” Blaire, Partner, Morgan Lewis & Bockius LLP
Craig R. Carpenter, Esq., Vice President and General Counsel, Recommind
Wendy Curtis, Special Counsel E-Discovery, Orrick, Herrington & Sutcliffe LLP
Julia Peixoto-Peters, IT Legal Counsel, DHL
 
How Defensible is Your E-Discovery Process?
Recent cases, such as Victor Stanley v Creative Pipe, Inc and Disability Rights Council of Greater Washington v. Washington Metropolitan Transit Authority highlight the need for a more collaborative and defensible e-discovery process in order to avoid court sanctions and loss of attorney-client or work product privileges.  But how is defensibility determined, how are lawyers “collaborating” in the real world, and what are the best practices for ensuring your organization doesn’t go “where angels fear to tread”?  Join Dean Gonsowski, Esq., as he leads a panel of experts that will discuss best practices and strategies to enhance the defensibility of your e-discovery process.
Sponsored By: Clearwell Systems
 
Speakers:
Dean Gonsowski, Esq., Vice President of E-Discovery Services, Clearwell Systems
John Loveland, Managing Director, Navigant Consulting, Inc.
Bruce Markowitz, Director of Litigation Support with McKenna Long & Aldridge LLP
Sonya Thornton, Manager, Legal Discovery / Compliance, Sprint Nextel Corporation

Enabling Transformative Technologies - The Science &Engineering and the Law
The law has not caught up with emerging technology development modalities, with costly consequences.  Changing this state of affairs requires better understanding of how transformational technology advancements will be enabled,  to anticipate such trends and create the appropriate legal infrastructure.  This lecture will focus on better understanding how the two major recent trends of globalization and the increasingly multidisciplinary nature of technological innovation require for more synergistic partnerships between industry and academe.  The efforts to solve the most challenging problems facing us --whether related to energy (oil, nuclear, solar, wind), critical infrastructure systems (electrical power grids, transportation systems), homeland security, global communication systems, etc — would benefit from such interactions.  Topics covered will include emerging scientific, technological and policy directions; guiding principles; types of interaction and collaboration; opportunities, constraints and expected outcomes.  There will also be an assessment of new processes and frameworks catalyzed through government involvement.  All lawyers can better counsel their clients, particularly in industry, when they have a good understanding of where technology and technology development modalities are heading, and how such trends can be advantageously leveraged.

Speaker:
Dr. Frederica Darema, Senior Science Analyst, Office of the Assistant Director of the Computer and Information Science and Engineering Directorate, NSF
 
2:15 p.m. - 3:15 p.m. General Sessions
 
Can't We All Just Get Along? How to Enable Information Cooperation in E-Discovery
Lawyers are retained to be zealous advocates for their clients, but courts and industry groups are stressing their professional obligation to cooperate and to conduct discovery in a diligent and candid manner. How does cooperation align with advocacy in the high-stakes contest of electronic discovery? The meet-and-confer is a huge opportunity to serve the best interests of the clients by planning discovery at a reasonable and proportional cost. This session explores what to know about clients’ data, how to get ready for effective meet and confer, and how methodical employ advocacy, cooperation, and cost control.
Sponsored by: Anacomp
 
Speaker:
Charles Kellner, Vice President of E-Discovery Consulting, Anacomp
 
International Disclosure and Privacy; Minimize Risk and Maximize Compliance
Recent publications and court decisions have fueled discussions on best practices for cross-border discovery. EU/US privacy and litigation conflicts, such as The Sedona Conference(R) Framework for Analysis of Cross-Border Discovery Conflicts, Article 29 Working Party Document 158, and a recent paper by the French data protection authority (CNIL),  plus the European Commission's decision in Akzo Nobel  have all heightened disclosure and privacy issues. In addition to the EU/US conundrum, there are different, but equally challenging problems in Asia, the Middle East and South America. Join us  for  this session to learn about practical solutions for dealing with cross-border issues, based on actual panel member experiences. We will also detail additional resources to help manage international case requirements.
 
This Session will Provide:
• Backdrop and History on Privacy and Cross-Border Discovery
• Practical Implications of these Legal and Regulatory Issues
• Recent Developments and Case Law
• What this now means to --  In-House Counsel, Outside Counsel- and Others
• What Pragmatic " Reasonable and Defensible " Practices can be taken to Minimize Risk and Maximize Compliance
 
Speakers:
Regan Adams, Esq., CIPP, CEO/Founder, Cyber Security Assurance, LLC  
Alexandra E. Chopin, Associate, Patton Boggs LLP
Conor R. Crowley, International E-Discovery & E-Compliance Expert, Law Offices of Conor R. Crowley
Maura R. Grossman, Counsel, Wachtell, Lipton, Rosen & Katz
Thomas F. Matzen, Esq., Senior Manager, Intelligent Discovery Solutions
 
E-discovery Evolution and Revolution: an Early Case Assessment Movement
The high cost of traditional e-discovery methods and the economic downturn have made it difficult on the corporate counsel and IT staff of enterprise organizations when they respond to legal discovery requests. The costs associated with gathering and processing electronically stored information and ensuring that the complete set of evidence is included in the response to a discovery request have become significant  problems for many organizations.  This has led many in these organizations to question the validity of the historical approach of collecting everything associated with a presumed set of custodians and sending all that data out for processing. The IT manager and the corporate legal department are both being asked if there is a better way to identify the relevant ESI for given matters and to produce it locally (inside the corporate security perimeter), sending smaller more relevant sets out for eventual attorney review. This panel discussion will focus on new Early Case Assessment (ECA) approaches that can be taken within the corporate security perimeter to produce the relevant material for litigation matters without incurring high discovery and review costs associated with the “over-collection and processing” problem encountered when only outside vendors are used. Proactive methods for discovering content rapidly and identifying irrelevant content that need not be produced will be discussed.
Sponsored by: Digital Reef

Speakers:
Steve Akers, Founder, Digital Reef
Richard Finkelman, Managing Director and Practice Leader of Discovery Services practice, Navigant Consulting
Dawson Horn, Senior Litigation Counsel, Tyco International

3:15 p.m. - 4:00 p.m. Break Sponsored by Kazeon

4:00 p.m. - 5:00 p.m. General Sessions

Bridging the Gap Between Forensics and Native Review
With many corporations defaulting to forensic imaging as a standard methodology for data collection and the cost savings associated with performing at native review – many corporations and service providers are seeking ways to bridge the gap between these two approaches. This session will focus on how new techniques for performing economical forensic acquisitions, ways of extracting information from these sources, and how to effectively move this into a native review. We will touch on culling processes, culling strategies, tools and techniques.
Sponsored By: Nuix

Speakers:
Gary Amos, Professor of Forensic Technology, George Mason University
David Benton, Digital Forensics & eDiscovery, The Home Depot
Charles Kellner, Vice President of E-Discovery Consulting, Anacomp
Stephen Stewart, CTO, Nuix
Steve Watson, IT Crisis Manager, Intel Corporation

Conducting Cross Border and Data Breach Investigations
The EU data privacy treaty, country-specific laws and vast cultural differences create significant hurdles to the way in which U.S. companies normally conduct electronic discovery matters and data breach investigations. In fast-moving cases, such as data breach cases that have regulatory reporting deadlines or in FCPA and embezzlement cases, those hurdles can impede effective resolution and compliance.  Hear U.S. and EU legal and technical experts explain in simple and practical terms how to overcome these potential obstacles.
Sponsored By: Stroz Friedberg

Speakers:
William H. Connolly, Managing Director, Stroz Friedberg
Trevor R. Jefferies, Partner, Hogan & Hartson

Women Thought Leader Panel:  The Art of Negotiating E-Discovery
There are always a number of barriers that might prevent or hinder an e-discovery negotiation. The Women Thought Leader Panel on “The Art of Negotiating E-Discovery” brings together the combined experiences of a Fortune 200 Corporate Counsel, an experienced e-discovery attorney with an Am Law 100, the Manager of E-Discovery Compliance from one of the largest transportation companies in the United States, a top computer forensics expert and the Co-founder and Executive Director of Women in eDiscovery to share with you their vast wealth of knowledge when it comes to the ins and outs of e-discovery negotiations. These female veterans of the industry will discuss the obstacles that sometimes occur in e-discovery negotiations and share with you how to overcome these rough waters and develop and employ a cohesive e-discovery strategy that can complement an overall litigation plan. This panel features Allison Brecher with Marsh McLennan Companies, Susan Taylor with CSX Transportation, Farrah Pepper with Gibson Dunn & Crutcher LLP, Carmen Oveissi Field with Daylight Forensic & Advisory and Shawnna Childress with Women in eDiscovery and LECG.
Sponsored By: CT Summation

Moderator: Caitlin Murphy, Professional Development Associate, CT Summation

Speakers:
Allison Brecher, Director of Information Management & Strategy and Senior Litigation Counsel, Marsh McLennan Companies
Shawnna Childress, Director, LECG
Carmen Oveissi Field, Managing Director, Daylight Forensic & Advisory
Farrah Pepper, Associate Attorney, Gibson, Dunn & Crutcher
Susan Taylor, Manager e-Records Compliance, CSX Transportation, Inc.
 
5:00 p.m. - 9:00 p.m. Reception

DAY TWO
 
8:00 a.m. - 9:00 a.m. Registration

9:00-10:00 a.m. Keynote Address
Speaker: John M. Facciola, Magistrate Judge, U.S. District Court for the District of Columbia
“O Brave New World that has such creatures in it;" Competence, Lawyers, Judges and the New World they inhabit."

10:00 a.m.-10:30 a.m. Break Sponsored by LECG

10:30 a.m. - 11:30 a.m. General Sessions

Beyond E-mail:  Legal and Practical Implications of 21st Century ESI
Just when lawyers have become comfortable advising clients about how to handle traditional forms of ESI under the 2006 amendments to the Federal Rules of Civil Procedure, new media has emerged that present increasingly complicated and far-reaching strategic and practical challenges.  E-discovery is no longer just about email, electronic documents and databases located on company servers.  Instead, law and technology intersect over dynamic ESI, often times stored beyond the direct control of the user.  Applications that foster social communication (Facebook, Twitter, LinkedIn, and the various software supporting blog publications) and multimedia sharing portals (YouTube, Flickr, Picasa) qualify as ESI under Rule 34.  And it’s not just tech-savvy individuals making use of new media.  Businesses are using web-based project management tools (Basecamp, EtherPad), social enterprise software (Jive, Socialtext), and cloud computing (GoogleApps) along with digital voicemail, IM and off-site data archiving to facilitate productivity and reduce corporate expenditures. On top of all that, we are on the verge a revolution in e-mail technology that will change the game completely… again!

In litigation, how should lawyers approach collection, preservation, processing, review and production of 21st century media?  What sources must parties disclose in discovery?  Is new media the next treasure-trove of discoverable potentially relevant information in terms of both tangible data and facts?

Please join Inference Data President, Nicholas Croce, and Hughes Hubbard & Reed E-Discovery Counsel, Mira Edelman, for a thought provoking session that will discuss legal and practical implications of handling dynamic ESI with an eye toward managing risk and controlling cost associated with 21st century media.
Sponsored By: Inference Data

Speakers:
Nicholas Croce, President, Inference Data
Mira Edelman, E-Discovery Counsel, Hughes Hubbard & Reed

Information and Records Management from the Trenches: The In-House Perspective
Learn about the intersection of technology, legal and compliance as panelists discuss the practical realities of information management in good and bad economic times.  This panel will be focused on practical considerations and solutions for information management.     

Moderator:
Wendy Butler Curtis, Special Counsel for E-Discovery, Orrick, Herrington & Sutcliffe LLP

Speakers:
Christina Ayiotis, Group Counsel, E-Discovery and Data Privacy at CSC
Courtney Ingraffia Barton, Senior Discovery Counsel, AOL, LLC
Nishan DeSilva, Global Director - Records Management & Content Management, Watson Wyatt
Chris Olsen, Systems Engineer, Principal, Lockheed Martin
Monica Palko, Associate Corporate Counsel, BearingPoint, Inc.

Litigation Readiness and the Left Side of the EDRM Model – Decreasing Discovery Cost and Risk
Document review can account for more than 70% of the total cost of e-discovery.  This panel will discuss reducing the cost of e-discovery and document review by focusing on litigation readiness and the strategic application of technology early in the process in order to reduce the size of the electronic evidence corpus.
Sponsored by: Daticon EED

Speakers:
Jeffrey Jacobs, Esq., Vice President E-Discovery Consulting, Daticon EED
Charles H. Wilcox II, Vice President and Assistant General Counsel, XO Holdings, Inc.

11:45 p.m. - 12:45 p.m. Lunch - Sponsored by: Catalyst Repository Systems

1:00 p.m. - 2:00 p.m. General Sessions

Case Law Update – The Growing Importance of Defensibility in Electronic Discovery
Courts are becoming less and less tolerant of parties and counsel who fail to adequately produce electronically stored information during discovery. The Judiciary of 2009 has reached a relatively high level of sophistication regarding electronic discovery and understand that e-discovery is not a black box. As such, courts expect parties to be able to provide a narrative explaining why their conduct with regard to electronic data was reasonable when discovery disputes arise with regard to preservation, search terms chosen to identify responsive and non-privileged documents during processing and review, and more. This presentation will discuss:

• Judicial standards imposed by the most recent case law regarding each relevant stage of the e-discovery process, from corporate data management to production;

• Best practices and technologies to conduct defensible data management and electronic discovery;
• Techniques to strategically leverage your knowledge regarding your electronically stored information, gained by utilizing e-discovery know-how, during an initial Rule 26(f) conference to shape discovery according to your interests rather than your opponents; and   
• Strategies to prove the reasonableness of your discovery efforts at trial.

Sponsored By: Kroll Ontrack

Speakers:  
Gina M. Day, Legal Consultant, Kroll Ontrack
Beth A. Koehler, Legal Consultant, Kroll Ontrack
Allisa Vermilllion, Manager of Automated Practice Support, Mayer Brown
Jonathan Wilan, Partner, Hunton & Williams

Driving Down Electronic Discovery Costs:  The Challenge of Bringing Electronic Discovery Inside the Corporation
Corporations are striving to reduce overall litigation costs by assuming control over not only the decision making, but the harvesting and processing of electronic data.  Decision makers must take into account not only technology purchases, but process protocols and talent to function successfully as the environment changes.  Attendees will engage in a frank discussion among industry peers, learning the pitfalls and opportunities of bringing more and more inside the corporate infrastructure.  Attend this session to hear the panelists discuss which comes first, technology, process or people? They will also discuss the following:

• What e-Discovery tasks your peers view as the most challenging and how they can be addressed
• The benefits and pitfalls of bringing e-discovery tools in-house; and how decisions really get made
• The differences  between strategic, tactical and operational challenges

• The top five e-Discovery challenges that legal departments face

Sponsored by: Pitney Bowes

Speakers:
David Cowen, Managing Partner, The Cowen Group
Bryan Foster, Director of Litigation Document Solutions, Pitney Bowes Legal Solutions
Michelangelo Troisi, Senior Counsel & Director of Risk Management, Samsung Electronics America

A Discussion on Structured Data
The vast majority of data within a company is actually “structured data”. Even email is structured data, albeit a special category of structured data. Yet this area of ESI has received much less attention (and education) than unstructured data. However, that is changing. Enterprise applications are becoming more common in data requests, in meet and confers, and in document productions.

What is structured data?
What does the court say about it?
How should you preserve it?
What are your options for disclosure?
What are the more efficient and economical means to produce it?

This presentation will cover the definitions of structured data, recent case law on structured data, and best practices on how to handle and exchange structured data in discovery.

Speaker:
David Kessler, Partner, Drinker Biddle & Reath
Daniel Regard, CEO and Managing Director, Intelligent Discovery Solutions, Inc.
John J. Rosenthal, Litigation Partner, Winston & Strawn, LLP

2:00 p.m. - 2:45 p.m. Break

2:45 p.m. - 3:45 p.m. General Sessions

E-Discovery: The Government Perspective
It is not just private industry that struggles with the scope and burdens of e-discovery. This panel will discuss how government entities address the challenges of e-discovery, whether as the requesting or responding party. Learn how government agencies are structuring their internal e-discovery groups as well as how they expect private industry to respond to their requests.

Moderator:
Wendy Butler Curtis, Special Counsel for E-Discovery, Orrick, Herrington & Sutcliffe LLP

Speakers:
Paul Bohr, Attorney, Division of Enforcement, US Securities and Exchange Commission
Larry Creech, Program Manager, Informatin Technology, U.S. Postal Service
David Shonka, Principal Deputy General Counsel, Federal Trade Commission

US-UK Judicial Panel on E-Discovery
Although the US leads the world in both the legal and technical aspects of electronic discovery, there is a general acceptance that there is much to do to make this aspect of litigation an efficient and cost-effective component of case management. Although the essential difficulties are the same in England and Wales, the approach taken is a slightly different one, and there is growing recognition that the two jurisdictions have something to learn from each other.
 
Chief US Magistrate Judge Paul Grimm and US Magistrate Judge John Facciola are the undisputed leaders of judicial thought in this area in the US. Their counterparts in the UK are Senior Master Whitaker and His Honour Judge Simon Brown QC. These four were brought together, with Chris Dale of the UK based e-Disclosure Information Project, at a successful panel in London in May 2009, moderated by Patrick Burke, Assistant General Counsel at Guidance Software. The Masters Conference is reconstituting the panel and you will have the opportunity to hear the best thinkers from both sides of the Atlantic talking about the differences, the commonality, and what each can learn from the other in this changing area.
Sponsored By: Guidance Software
 
Moderator: Patrick Burke, Senior Director and Assistant General Counsel, Guidance Software
 
Speakers:
His Honour Judge Simon Brown QC, Judiciary of England & Wales
John M. Facciola, Magistrate Judge, U.S. District Court for the District of Columbia
Senior Master Steven Whitaker, Judiciary of England & Wales
Chris Dale, Blogger, The E-Disclosure Information Project
 
Legal Outsourcing:  Analysis of the Myths and Realities and its Impact to Counsel
Changing business drivers within the U.S. legal industry have compelled corporate counsel and law firms to reassess the traditional cost structures and resource allocation within their relationship.   Legal outsourcing has proven to be valuable for both when properly integrated into the litigation process.  Though many global corporations and law firms are embarking upon effective outsourcing strategies, questions and hesitancies remain for many regarding qualifications, capabilities, ethics, and geographic considerations.
 Discussion Points:

• Is legal outsourcing a temporary fix or the next evolutionary stage of the legal industry?
• All legal outsourcing organizations are not created equally. What are the differentiators and standards for counsel to consider?
• Comparative analysis of resources in the U.S., the Philippines, and India.
• Cost reductions are important, but results are the primary objective.
• Analysis of successful outsourcing models utilized by Fortune 500 companies, U.S. law firms, and Magic Circle firms.

Speakers: Michael Ford, Executive Vice President,  American Discovery
David Hickey, Partner, Winston and Strawn
Anupam Razdan, Electronic Discovery Counsel, Accenture
Sponsor: American Discovery

4:00 p.m. - 5:00 p.m. General Sessions
 
Electronic Discovery and Medical Records
Recognizing when the duty to preserve is triggered may be difficult to ascertain under some circumstances.  Likewise, determining what steps need to be taken in the preservation process can become a daunting task.  Further, federal and state confidentiality laws and implementing regulations often place procedural barriers on the use and disclosure of information contained in electronic medical records in response to a subpoena or for use in a judicial proceeding.  These laws also require consultants that provide e-discovery services to healthcare providers to adhere to certain procedural requirements to ensure the confidentiality of protected health information.

The panelists will explore the scope of electronic medical records; the production of metadata and other embedded data; how the use of PDAs by healthcare providers impact electronic discovery; whether electronic medical records should be produced in PDF/TIFF format or in printed form; the preservation process of an electronic medical record and the identification of corresponding triggers; and the significance of audit and entry trails of physicians/healthcare providers in the e-discovery process.  Additionally, the following questions will be addressed:
With respect to the production of ESI, what issues should physicians/healthcare providers consider in response to: (i) subpoenas issued by government entities; (ii) nonparty subpoenas; and (iii) nonparty preservation orders in multidistrict litigation cases?
How should the production of physician/healthcare provider e-mails, text messages, voice messages, and electronic calendars be addressed?
What impact do the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Public Health Service Act, FRE 501 (psychotherapist-patient privilege), and state confidentiality statutes (i.e. confidentiality statutes concerning HIV/AIDS information, genetic information, mental health information, sexually transmitted diseases, substance/alcohol abuse information, and quality assurance information) have on the electronic discovery process?

Speakers:
Margaret M. Johnson, Former Senior Vice President & General Counsel, Medisys Health Network, Inc.
Wayne A. McNulty, Senior Associate Counsel, The Office of Legal Affairs of the New York City Health and Hospitals Corporation
Gregory J. Radomisli, Partner, Martin Clearwater & Bell LLP
 
Ethical Issues for Attorneys in Electronic Discovery
Ethical issues for attorneys involving ‘ESI’ include collaboration, competence and the allocation of responsibility for search. This panel explores these issues with a focus on “new” case law.
 
Speakers:
William P. Butterfield, Partner, Hausfeld LLP
John M. Facciola, Magistrate Judge, U.S. District Court for the District of Columbia
Ronald Hedges, Former Magistrate Judge, U.S. District Court for the District of New Jersey
Jeane Thomas, Partner, Crowell & Moring's Antitrust Group

New World Technology and Enterprise Opportunity: Cloud Governance, VOIP and Unified Messaging – Mission Impossible and Information Assurance
Just when corporations began to stabilize their IT services, an explosive new portfolio of technologies are emerging. These new services are economically compelling, but present general counsel with new legal complexities. Suddenly, all of the related records are “in the cloud” , e-communications are tweets and texts, “ unified communications “ are Voice over the Internet (VoIP), email converts to voice recordings, voice converts to text, systems track “presence” and location. Privacy, discovery, surveillance, Federal communications law, cloud computing—how does Legal ever gain control over the risks?

Join the co-chair of the Cloud Security Alliance (“CSA”) LegalWorking Team - and the author of the first comprehensive report on navigating these complex issues, published by the Internet Security Alliance. Learn the critical questions that need to be asked in order to structure security and legal compliance for these new services, and the digital records they create. Moderating the program is Goldman Sachs’ former Privacy Counsel, now Founder of Cyber Security Assurance, LLC. Participants will be the first to receive a newly published decisions map for guiding their teams through the chaos at the cutting edge of these technologies.

Speaker:
Regan Adams, Esq., CIPP, CEO and Founder, Cyber Security Assurance, LLC  
Jeffrey Ritter, CEO, Waters Edge Consulting