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Advanced eDiscovery Institute: eDiscovery in Investigations and Litigation Before Federal Agencies



Product Code - LGAU16
Speaker(s): Patrick L. Oot, US Securities & Exchange Commission; David K. Isom, Isom Law Firm; Kathleen McKinney, National Labor Relations Board; David C. Shonka, US Federal Trade Comission; Allison C. Stanton, US Department of Justice
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 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.

Patrick L. Oot, US Securities & Exchange Commission; David K. Isom, Isom Law Firm; Kathleen McKinney, National Labor Relations Board; David C. Shonka, US Federal Trade Comission; Allison C. Stanton, US Department of Justice

Moderator:

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.

Speakers:

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 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.

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