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Advanced eDiscovery Institute: Pragmatic Practices for Resolving eDiscovery Cross-Border Conundrums



Product Code - LGAU17
Speaker(s): M. James Daley, Daley & Fey LLP; Hon. Shira A. Sheindlin, U.S. District Court for the Southern District of New York; Renato Opice Blum, Opice Blum Advogados Associados Alameda; David Dunn, Hogan Lovells US LLP; Sandra Potter, Potter Farrelly & Associates
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The impact of international data privacy restrictions on e-Discovery is more widespread than ever. Counsel in multi-national matters must be prepared to face new challenges unknown to domestic practice, ranging from highly complex questions concerning sensitive personal data in the EU, to overcoming data privacy in emerging nations where societal and cultural distinctions may pose even greater challenges. This session will explore: strategies and tactics favored by both domestic and foreign counsel in grappling with cross border eDiscovery; the mind set and approach of foreign privacy authorities and practical strategies for seeking common ground; and the spread of privacy law and regulations in emerging markets, including data privacy issues associated with “offshoring” eDiscovery, as well as navigating data privacy and eDiscovery in the rapidly developing South American market.

M. James Daley, Daley & Fey LLP; Hon. Shira A. Sheindlin, U.S. District Court for the Southern District of New York; Renato Opice Blum, Opice Blum Advogados Associados Alameda; David Dunn, Hogan Lovells US LLP; Sandra Potter, Potter Farrelly & Associates

Moderator:

M. James Daley / Daley & Fey LLP
James Daley is the founding partner of Daley & Fey LLP, a boutique law and technology consulting firm that helps global clients reduce legal risk and costs of e-discovery, records management and data privacy compliance. Jim is a frequent author and speaker on e-discovery, records management and data privacy. He serves as Co-Chair of The Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure (WG6); Co-Chair of the Sedona Conference® Search and Retrieval Sciences Group; Co-Editor-in-Chief of The Sedona Conference® Framework for Analysis Of Cross-Border Discovery Conflicts: A Practical Guide To Navigating The Competing Currents Of International Data Privacy And E-Discovery (2008); Co-Editor of The Sedona Conference® International Overview of Discovery, Data Privacy & Disclosure Requirements (2009); and Co-Author of the United States Chapter for Mason, Stephen, ed. Electronic Evidence (2nd edition). London: LexisNexis Butterworth (2010).

Speakers:

Hon. Shira A. Scheindlin / United States District Court
Hon. Shira A. Scheindlin is a United States District Judge for the Southern District of New York. She was nominated by President Bill Clinton on July 28, 1994. Before taking her current seat on the Southern District bench in November, 1994, Judge Scheindlin worked as a prosecutor (Assistant United States Attorney for the Eastern District of New York), commercial lawyer (General Counsel for the New York City Department of Investigation and partner at Herzfeld & Rubin), and Judge (Magistrate Judge in the Eastern District of New York 1982-1986 and Special Master in the Agent Orange mass tort litigation). Judge Scheindlin is known for her intellectual acumen, demanding courtroom demeanor, aggressive interpretations of the law, and expertise in mass torts, electronic discovery, and complex litigation. During her tenure, Judge Scheindlin has presided over a number of high profile cases, many of which advanced important new positions in the common law. She also has been a member of the Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure (1998-2005, where she served as a member of the Discovery Subcommittee and Chair of the Special Master Subcommittee). She is a member of the American Law Institute (where she served on the Advisors Consultative Group on the Aggregate Litigation Project), a former Chair of the Commercial and Federal Litigation Section of the New York State Bar Association (“NYSBA”), a former Board Member of the New York County Lawyers Assocation (“NYCLA”), a member of the Advisory Board of the Sedona Conference, and a member or past member of several committees of the Association of the Bar of the City of New York. She is the recipient of the Brennan Award from the NYSBA, the Weinfeld Award and the William Nelson Cromwell Awards of the NYCLA, and the Judicial Recognition Award of the National Association of Criminal Defense Lawyers. She is the co-author of the first casebook on electronic discovery and digital evidence (Shira A. Scheindlin, Daniel J. Capra, & The Sedona Conference, Electronic Discovery and Digital Evidence, Cases and Materials 454 (2008)), a book on electronic discovery “Electronic Discovery and Digital Evidence in a Nutshell,” many articles, including most recently an article on the intersection of recent amendments to Rule 53 and Rules 26-37 of the Federal Rules of Civil Procedure, a pamphlet supplement to Moore’s Federal Practice on the Newly Amended Federal Rules of Civil Procedure and a chapter on this subject in the ABA’s multivolume treatise on Federal Civil Practice. Finally, she is an adjunct Professor of Law at Brooklyn Law School, and a frequent lecturer. On the subject of electronic records management, the opinions in Zubulake v.UBS Warburg LLC have come to be recognized as case law landmarks.

Renato Opice Blum / Opice Blum Advogados Associados Alameda
Renato Opice Blum is an attorney and economist, is the digital law coordinator of GVLaw and of the MBA on Electronic Law at Escola Paulista de Direito. Renato is an invited-professor at USP and Mackenzie Presbyterian University. Renato also serves as president of the Council of Information Technology and Communication of the Commerce Federation of São Paulo/SP and of the Technology Law Committee of AMCHAM and is advisor of the Committee of High Technology Crimes of Brazilian Bar Association. Additionally, Renato is a coordinator and co-author of the book “Manual of Electronic Law and Internet” and “Electronic Law: Internet and the Courts.”

David Dunn / Hogan Lovells US LLP
David Dunn is a partner in the litigation, arbitration and employment group of Hogan Lovells, in the firm’s New York office. David practices in a wide range of complex litigation matters including banking and financial services, employment and disputes arising from international transactions. His practice regularly includes matters involving commercial agreements, creditors’ rights, lender liability, employer obligations under agreements or statutory schemes and claims of unfair trade practices. He has repeatedly represented international clients in disputes and litigation in courts in the United States and other nations involving issues of sovereign immunity, personal and subject matter jurisdiction, choice of laws and enforcement of foreign awards or judgments. David has been a partner in Hogan Lovells and its predecessor since 2000, and has practiced commercial litigation and employment law in New York since 1983. From 1980 to 1983 he was Chief Counsel to a Member of the National Labor Relations Board. David is a 1978 magna cum laude graduate of the Cornell University Law School, where he was Articles Editor of the Cornell Law Review. He also received his undergraduate degree from Cornell in 1974. David is a member of the New York and District of Columbia Bar and the bars of numerous federal courts including the United States Supreme Court.

Sandra Potter / Potter Farrelly & Associates
Sandra Potter is an internationally recognized expert in the law and technology field. She has a remarkable depth of specialist knowledge concerning document management, litigation management and the adoption of technology to control both paper-based and electronic material. Sandra has had a 20+ year career as a legal technology consultant for law firms, in-house legal teams and the courts throughout Australia, Asia, Europe and Canada. She has received wide recognition for the highly pragmatic, professional nature of her advice and her ability to develop strategies and implementation programs which transform her clients’ knowledge management systems. Sandra is an international speaker at ‘Technology and the Law’ conferences and seminars. Her innovative work and industry leadership has been featured in print media, television news and radio.