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Advanced eDiscovery Institute: Project Management, Policy, Federal, and State (4-Session Bundle)



Product Code - LGAU12
Speaker(s): Thomas Y. Allman, University of Cincinnati; Kevin F. Brady, Connolly Bove Lodge & Hutz LLP; Heather Bryden, Capital One; Hon. Herbert B. Dixon, Jr., Superior Court of the District of Columbia; Jerone J. English, Litigation Management Company; Amor A. Esteban, Shook Hardy & Bacon LLP; Hon. Peter Flynn, Illinois Circuit Court; David K. Isom, Isom Law Firm; David J. Kessler, Fulbright & Jaworski LLP; Mark R. Koehn, Latham & Watkins; Daniel Kulakofsky, The Travelers Companies, Inc.; Hon. Elizabeth T. Maas, Fifteenth Judicial Circuit of Florida (ret.); Kathleen McKinney, National Labor Relations Board; Patrick L. Oot, U.S. Securities and Exchange Commission; Robert D. Owen, Sutherland Asbill & Brennan; Jessica A. Robinson, Morrison & Foerster LLP; John J. Rosenthal, Winston & Strawn LLP; David C. Shonka, U.S. Federal Trade Commission; Allison C. Stanton, U.S. Department of Justice; Pamela H. Woldow, Edge International
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Session I - Corporate Approaches to Electronic Information Management: How to Manage Data and Prepare for Litigation in an Increasingly Mobile World
New modes of communication and emergent forms of information continue to present strategic problems from companies for both compliance and eDiscovery standpoints. This session focuses on the issues raised by emerging technologies (including the risks posed by unplanned adoption of new systems and the potential downside of programs like “bring-your-own-device-to-work”), explores how strategic planning can lessen the burdens and costs imposed on corporations for eDiscovery obligations, and explains how to make the ROI-case for proactively implementing comprehensive records management, compliance, and eDiscovery programs and technologies.

Session II - State Approaches to eDiscovery
Most civil litigation is conducted in state, not federal court. The states have taken a variety of approaches to eDiscovery, including adopting the 2006 amendments to the Federal Rules in toto, adopting discrete parts of the amendments, rejecting all or components of the Federal Rules, relying on state-specific case law development, doing nothing at all, or a combination of all of the above. This panel, which includes judges from several states, looks at these approaches and considers how practitioners and parties can implement best practices for complying with eDiscovery obligations in state court.

Session III - eDiscovery in Investigations and Litigation Before Federal Agencies
In today’s digital world, ESI is a central component of what is sought, reviewed, and produced when federal agencies investigate corporate entities or individuals. This panel looks at such investigations from the varying viewpoints of government regulators and private actors and considers, among other issues, the breadth of investigations, responses to governmental inquiries and demands for ESI, and the preservation of privilege in the investigatory context.

Session IV - Who’s Really in Charge? Best Practices for eDiscovery Project Management
In the eDiscovery context, it is often unclear who has responsibility for which tasks and who is empowered to delegate to various stakeholders: The lead trial lawyer who is focused on the substance of the case? Outside counsel’s litigation support professionals that handle data? In-house lawyers, IT staff, or business personnel who oversee the collection and analysis of data? eDiscovery vendors or experts who handle data processing, hosting, forensics, and document review? No one at all? This session explores how well-designed project management can accomplish the goals of providing clear direction for all of an eDiscovery project’s stakeholders, avoiding duplication of tasks, sustaining “defense-of-process objections” that can side-track a case, and ensuring that all critical eDiscovery tasks are accomplished in a timely and defensible manner throughout the life of a case. 

Thomas Y. Allman, University of Cincinnati; Kevin F. Brady, Connolly Bove Lodge & Hutz LLP; Heather Bryden, Capital One; Hon. Herbert B. Dixon, Jr., Superior Court of the District of Columbia; Jerone J. English, Litigation Management Company; Amor A. Esteban, Shook Hardy & Bacon LLP; Hon. Peter Flynn, Illinois Circuit Court; David K. Isom, Isom Law Firm; David J. Kessler, Fulbright & Jaworski LLP; Mark R. Koehn, Latham & Watkins; Daniel Kulakofsky, The Travelers Companies, Inc.; Hon. Elizabeth T. Maas, Fifteenth Judicial Circuit of Florida (ret.); Kathleen McKinney, National Labor Relations Board; Patrick L. Oot, U.S. Securities and Exchange Commission; Robert D. Owen, Sutherland Asbill & Brennan; Jessica A. Robinson, Morrison & Foerster LLP; John J. Rosenthal, Winston & Strawn LLP; David C. Shonka, U.S. Federal Trade Commission; Allison C. Stanton, U.S. Department of Justice; Pamela H. Woldow, Edge International

Thomas Y. Allman / Cincinnati
Thomas Y. Allman is an attorney and consultant. He speaks and writes extensively on the interrelationship of corporate compliance policy and the effective management of electronically stored information (“ESI”). Thomas is co-editor of the PLI Electronic Discovery Deskbook and an Adjunct Professor at the University Of Cincinnati College Of Law. He is also Chair Emeritus and an active member of the Steering Committee of The Sedona Conference® Best Practice Recommendations for Addressing Electronic Document Production and was Senior Editor of the Second Edition (2007). He has authored or edited several other publications of The Sedona Conference®, including The Sedona Guidelines for Managing Information and Records in the Electronic Age, The Sedona Conference® Commentary on Legal Holds, The Sedona Conference® Commentary on Email Management, and The Sedona Conference® Best Practices Commentary on Search & Retrieval Methods. Thomas practiced law as a Partner at Taft, Stettinius & Hollister LLP in Cincinnati until joining BASF Corporation as Vice President, Litigation, in 1993. He retired in 2004 as Senior Vice President, General Counsel, and Chief Compliance Officer at BASF and thereafter spent three years as Special Counsel to Mayer Brown LLP in Chicago.

Kevin F. Brady / Connolly Bove Lodge & Hutz LLP
Kevin F. Brady is a Litigation Partner and Chair Business Law Group of Connolly Bove Lodge & Hutz LLP and Chair of the firm’s Information Security, Electronic Discovery and Records Management Group. Mr. Brady represents clients in corporate and commercial litigation in the Delaware Court of Chancery, the Delaware Superior Court, and the District of Delaware. Mr. Brady is involved in the representation and counseling of corporations, boards of directors, officers, individual directors and individual shareholders covering matters related to mergers and acquisitions, breach of fiduciary duty claims, fraud, advancement/indemnification, D&O insurance, Section 262 appraisals and receiverships, as well as matters involving corporate governance and interpretation of the Delaware General Corporation Law and federal securities matters nationally and internationally. Mr. Brady also serves as Delaware counsel in patent litigation as well as environmental insurance coverage litigation, and D&O insurance coverage litigation. Mr. Brady has represented clients in complex commercial litigation, arbitration and administrative matters including class actions, mass torts, products liability, insurance coverage, fraud and breach of contract matters in numerous state and federal courts.

Heather Bryden / Capital One
Heather Bryden is a director of eDiscovery and assistant general counsel at Capital One.

Hon. Herbert B. Dixon, Jr. / Superior Court of the District of Columbia
Hon. Herbert B. Dixon, Jr. was appointed to the Superior Court of the District of Columbia in 1985. He received a Bachelor of Science degree in Electrical Engineering from Howard University and his Juris Doctor degree from Georgetown University Law Center. Following law school, Judge Dixon served as law clerk to the Honorable H. Carl Moultrie I, then an associate judge on the Superior Court of the District of Columbia. Immediately thereafter, Judge Dixon entered private practice, which included criminal defense, civil and appellate litigation, corporations, administrative procedures, domestic relations, and public utility regulation. Judge Dixon is a former Chair of the National Conference of State Trial Judges of the American Bar Association, a member of the ABA TECHSHOW Planning Board, a member of the Board of Trustees of the Foundation of the Bar Association of the District of Columbia, Senior Judicial Advisor to William & Mary Law School’s Courtroom 21 Project, and a member of the American Law Institute – American Bar Association (ALI-ABA) Advisory Panel on Technology. Judge Dixon has served on the Board of Directors of the Bar Association of the District of Columbia, the National Board of Directors of the American Lung Association, the Board of Directors of the Combined Health Appeal of the National Capital Area, the Board of Directors of the District of Columbia Lung Association, the Board of Directors of the Council for Court Excellence, the Board of Directors of the Junior Citizens Corps, and the Board of Directors of the Capitol View Development Corporation. Within the Superior Court, Judge Dixon is a former presiding judge of both the Civil Division and the Multi-Door Dispute Resolution Division, and served as Chair of the Electronic Filing Pilot Project, which received national recognition for its success. Judge Dixon is a member numerous local and national organizations.

Jerone J. English / Litigation Management Group
Jerone English is Director of eDiscovery and the Litigation Management Group. In this capacity, he is responsible for Intel's ediscovery policies, processes and procedures. He also manages a department of legal and technology professionals that supports Intel's litigation teams. Previously, Jerone was a partner in the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP where he had over 25 years’ experience managing and litigating complex commercial disputes, primarily in the areas of antitrust and trade regulation, products liability and commercial contracts. While at Pillsbury, he also co-chaired the firm’s national eDiscovery Task Force and its eDiscovery Specialty Team.

Amor Esteban / Shook, Hardy & Bacon L.L.P.
Amor Esteban has 27 years experience in complex litigation with particular emphasis in electronic discovery and data management. Amor has collaborated with clients in the development of policies and guidelines concerning a wide spectrum of data usage including record retention, preservation, collection, processing, production and search and retrieval. He has negotiated a number of cloud computing agreements and aided clients with cloud computing deployment. Amor is a nationally recognized expert in data privacy and international cross-border discovery. He has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business for 2011 (Band 1) and 2010 (Band 2). He is a member of the American Bar Association, where he served as Co-Chair of the Product Liability Committee for the Section of Litigation, on the ABA's Task Force on Electronic Discovery and as liaison to the Sedona Conference® Working Group 1 on Electronic Discovery. He is a Member of the Board of The Sedona Conference® and serves as a Steering Committee Member and Chief-in-Editor for The Sedona Conference® Working Group 6 on International Electronic Information Management, Discovery and Disclosure. He serves as an Advisory Board Member for the Bureau of National Affairs’ “Class Actions Reporter.” He graduated from the University Of Detroit School Of Law, J.D. 1984, cum laude, and from Michigan State University with a B.A. in 1981.

Hon. Peter Flynn / Illinois Circuit Court
Peter Flynn, a graduate of Harvard College and Yale Law School, practiced civil litigation (mostly complex business and commercial cases) for 30 years. He was appointed an Illinois Circuit Judge in 1999, elected in 2000, and retained by the voters in 2006. As a judge, he served in the Commercial Calendar section of the Cook County Circuit Court's Law Division from 2000 through 2002, and has served in the Chancery Division since December 2002. He is a member of the American Law Institute. He is vice chair (and a founding member) of the Chicago Bar Association's Commercial Litigation Committee. He is a member of the Board of Overseers of the Searle Civil Justice Institute at Northwestern University. Since 2002, he has taught Illinois Civil Procedure at The John Marshall Law School in Chicago. He has been a panelist or speaker in numerous judicial education and practitioner CLE programs, focusing most recently on discovery (including e-discovery) concerns. He is a member of The Sedona Conference® Working Groups 1 and 2.

David K. Isom / Isom Law Firm
David Isom has done large, complex commercial litigation for 27 years. He has published articles on electronic discovery and has given numerous seminars throughout the United States on electronic discovery, information security for lawyers, the Internet, document retention, sources of digital information, and ethical issues relating to digital information and electronic discovery. In addition to conducting and defending electronic discovery in his own commercial litigation, Mr. Isom consults with lawyers, law firm administrators and information technology managers regarding electronic discovery and evidence. Mr. Isom is chair of the working group of the ABA's Information Security Committee that is developing and publishing information security guidelines for lawyers and law firms.

David Kessler / Fulbright & Jaworski LLP
David Kessler joined the New York office of Fulbright & Jaworski L.L.P. in 2010 and is co-head of the Firm's E Discovery and Information Governance Practice. As a partner, David works with Fulbright's litigation group and focuses on e-discovery, information management, data privacy and intellectual property litigation. Previously, David was a partner at a large firm and one of the founding members of the firms' E-Discovery and Data Management Task Force. David has represented companies in all areas of electronic discovery and information management. David focuses not only on tactical e-discovery issues in particular cases, but advises clients regarding strategic e-discovery portfolio management and data governance. For example, David has helped clients with emergency ex parte preservations orders; negotiations with opposing counsel regarding disaster recovery data; establishing that opponents had fabricated e-mails; and developed record management functions and litigation readiness protocols. Additionally, David litigates all aspects of intellectual property with an emphasis on patent cases. His work in this area includes representation of both plaintiffs and defendants in numerous patent lawsuits involving disparate technologies such as adipose stem cells, implantable cardio defibrillators, dimming amplifier, self-opening plastic bags, cotter pins and CAD software. He has also represented plaintiffs and defendants in copyright litigation, primarily involving software.

Mark Koehn / Latham & Watkins
Mark Koehn is of counsel in the Litigation and Intellectual Property Practices of Paul Hastings Janofsky & Walker. He is a former information technology (IT) consultant turned litigator and registered patent attorney. He helps clients leverage their intellectual property and manage risk by developing and implementing strategies for litigation and litigation avoidance. Mr. Koehn's clients provide a broad range of technologies, including medical devices, pharmaceuticals, software and electronics, including for consumer, industrial and military applications. Mr. Koehn has litigated in Federal District courts throughout the country, as well as before the International Trade Commission (ITC) and Court of Federal Claims. In addition to technology-focused litigation, Mr. Koehn also has substantial experience in disputes regarding alleged government contractor fraud and securities fraud. He is recognized for his expertise on electronic discovery and is a member of the Advisor Board for Georgetown University Law Center's Advanced E discovery Institute. Prior to earning his law degree, Mr. Koehn was a senior consultant with the predecessor to Accenture, where he supervised design and installation of information systems, including the pilot for the US Securities and Exchange Commission's Electronic Data Gathering and Retrieval (EDGAR) system. Mr. Koehn received his J.D. from the Georgetown University Law Center, graduating cum laude. He received his B.S. in operations research and industrial engineering, with distinction, from Cornell University where he was appointed to Tau Beta Pi – the engineering honor society.

Daniel Kulakofsky / The Travelers Companies, Inc.
Daniel Kulakofsky is Managing Counsel in the office of Corporate Litigation with Travelers. In his role as Director of Electronic Discovery, Dan is responsible for all aspects of the electronic discovery program at Travelers. Dan has developed numerous information management policies for Travelers including the new litigation hold policy and process. Dan also provides strategic support on a wide variety of issues from the development of litigation strategies to the development and implementation of new IT standards and records management practices. Prior to joining Travelers, Dan spent ten years as compliance counsel in the insurance industry and ten years as a litigator in private practice. Dan is active in several organizations focusing on electronic discovery. He earned his JD from DePaul University and his BA from The George Washington University.

Hon. Elizabeth Maass / Fifteenth Judicial Circuit of Florida (Ret.)
Hon. Elizabeth Maass retired from the Fifteenth Judicial Circuit of Florida in June of this year, having served as a trial judge for over 21 years. She was the presiding judge in Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., one of the first cases in state court to present significant electronic discovery issues. She was active in judicial education throughout her service on the bench. Prior to her appointment, Judge Maass was a partner at Alley, Maass, Rogers & Lindsay in Palm Beach, Florida, where she practiced commercial and corporate law. Judge Maass graduated from Princeton University, with honors, where she majored in Economics, and from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar.

Kathleen McKinney / National Labor Relations Board
Kathleen McKinney is a regional director for the National Labor Relations Board.

Patrick L. Oot / US Securities & Exchange Commission
Patrick Oot is an experienced corporate attorney and co-founder of The Electronic Discovery Institute, a non-profit organization dedicated to resolving litigation challenges by conducting studies of litigation processes for the benefit of the federal and state judiciary. Mr. Oot is also known for his former role as Director of Electronic Discovery and Senior Counsel at Verizon in Washington, DC. He has extensive experience in discovery practices involving commercial litigation, regulatory filings, and antitrust matters. Mr. Oot was charged with advising Verizon’s business units on electronic discovery while developing new technologies that increased cost-efficiency. In 2006, Mr. Oot was nominated for the Verizon Excellence Award after playing a key role in the successful completion of Verizon’s response to the Department of Justice’s Second Request for Documents in its acquisition of MCI. As a result of his work, Inside Counsel magazine named Verizon’s e-discovery team as one of the ten most innovative legal groups of 2007, the group’s second year winning the title. In 2007, Mr. Oot appeared with United States Supreme Court Justice Stephen Breyer at Georgetown University Law Center’s H5 Summit on Electronic Discovery. Mr. Oot has testified before the United States Judicial Conference’s Advisory Committee on the Federal Rules of Evidence where he presented his position on Proposed Rule of Evidence 502. The Committee included in its draft to the Judicial Conference language incorporating Mr. Oot’s suggestions. Mr. Oot lectures regularly at educational events and legal conferences internationally, has appeared on National Public Radio’s Morning Edition and was interviewed for the August 2008 edition of The Economist.

Robert D. Owen / Sutherland Asbill & Brennan
Robert D. Owen a partner in the New York office of Sutherland Asbill & Brennan, is a member of the firm’s Litigation Practice Group. He has more than 35 years of experience in commercial litigation. A nationally recognized adviser to financial services, energy and technology companies, Bob is known for creative and efficient dispute resolution. He has handled hundreds of cases before federal and state courts and arbitration panels throughout the United States. For more than 20 years, Bob led the commercial litigation boutique firm of Owen & Davis PC, which he co-founded. The 12-lawyer firm represented Fortune 500 clients in their complex litigation matters in New York and around the country. Bob is widely recognized for his leadership in e-discovery, having been an early adopter of litigation support technology at Owen & Davis and then a founder of the E-Discovery and Information Management Practice at another national law firm. Currently, he is a member of the editorial advisory board of Law Technology News, a participant in the Managing Information and Records in the Electronic Age working group of The Sedona Conference, and is listed by Chambers Global and Chambers USA (Band 1) in the e-discovery field.

Jessica A. Robinson / Morrison & Foerster LLP
Jessica A. Robinson is the Senior Firm-wide Manager of eDiscovery Resource Management (ERM) for Morrison & Foerster LLP. The ERM group operates globally, delivering eDiscovery project management, litigation support, and trial services. Prior to joining Morrison & Foerster, Ms. Robinson was firm-wide manger of Practice Technology for Crowell & Moring. Ms. Robinson is a Graduate of Wake Forest University School of Law and WakeForest’s Babcock Graduate School of Management with a JD/MBA in international business law and general management.

John J. Rosenthal / Winston & Strawn LLP
John J. Rosenthal is a litigation partner in the firm’s Washington, D.C. office who represents clients across the globe in an array of complex antitrust and litigation matters. His practice also involves counseling clients on a variety of trade regulation, trademark, and commercial issues. Mr. Rosenthal is chairman of the firm’s e-discovery and electronic information practice group and is one of the most experienced practitioners in the United States in the area of electronic discovery and risk reduction from electronic discovery. With this background, he counsels a wide variety of companies on record retention programs, compliance with electronic discovery, and implementing programs to reduce risk associated with the generation and retention of electronic records. Mr. Rosenthal also lectures across the United States on the issues of electronic discovery and record retention programs. Mr. Rosenthal is a participant in the Sedona Conference on Best Practices for Electronic Discovery and Records Management, a group of lawyers, judges and vendors focusing on the development of the law regarding electronic discovery and retention issues in both the United States and the European Union. To date, this group has put together two authoritative pieces on these issues, which have been cited by various federal and state courts. Mr. Rosenthal also is an advisory board member of the Georgetown University Law Center Continuing Legal Education EDiscovery Institute, Lexis-Nexis, Surety, Inc., and Electronic Evidence, Inc.

David C. Shonka / U.S. Federal Trade Commission
David C. Shonka is the Principal Deputy General Counsel of the Federal Trade Commission. He oversees the work of the General Counsel’s Litigation, Legal Counsel, and Policy Studies units, and the work of the agency’s FOIA program, its employment counsel, and its Energy Counsel. He also chairs the agency’s E-Discovery Steering Committee.

Before becoming the Principal Deputy, Mr. Shonka was the FTC’s Assistant General Counsel for Litigation. In his career at the FTC Mr. Shonka has briefed and argued numerous appellate cases in the United States Courts of Appeals, tried and argued antitrust and consumer protection cases in the federal district courts, tried cases in administrative proceedings, and contributed to the government’s briefs in several Supreme Court cases.

Mr. Shonka frequently speaks on e-discovery topics, addressing issues that relate to government investigations, cross-border transfers of data, information management, privacy, data security, cloud computing, and the use of social media in litigation. He has also been an instructor in numerous trial advocacy courses. Besides being an active trial level and appellate litigator, Mr. Shonka advises the Commission and senior managers on legal and policy issues; and has represented the Commission in several international programs. Before joining the FTC as a staff attorney, Mr. Shonka was an associate in a Washington D.C. law firm and a litigator in the Civil Division of the United States Department of Justice.

Allison Stanton / U.S. Department of Justice
Allison Stanton is the Director of E-Discovery for the Civil Division of the U.S. Department of Justice. Among her responsibilities, Stanton develops e-discovery policies, practices, and training for the Civil Division, works with the other Divisions on e-discovery initiatives, and coordinates with federal agencies on e-discovery matters. Prior to joining the Department of Justice, Stanton was an attorney with Hogan Lovells US LLP where she represented numerous clients in complex civil cases and high-profile criminal investigations, many of which included complex e-discovery issues. Stanton also developed proactive e-discovery plans for Fortune 500 companies, including document retention policies and litigation hold and response procedures.

Pamela H. Woldow
Pamela H. Woldow, Partner and General Counsel of Edge International has personally experienced the practice of law from all angles. Following both large-firm and environmental boutique litigation practice, Pam served variously as the Director of Litigation Management for a multi-billion dollar publicly-held financial services company, General Counsel of an Entrepreneurial Enterprise -- and Chief Counsel of the Pennsylvania Department of Insurance, where she supervised a large legal staff, controlled an annual litigation budget of over $100 million, and recruited and supervised outside counsel in all 50 states.