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eDiscovery in the Corporate Context



Thursday, July 19, 2012
Product Code - LGN39
Speaker(s): Robert Alan Eisenberg, OrcaTec LLP; John Unice, Bayer Corporation; Susan Hammond, Regions Financial Corporation; Cindy Lowe Durkin, GE Aviation
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In the course of the last few years, more of the eDiscovery effort undertaken in connection with an organization’s litigation, compliance requirements, auditing and government investigations is being addressed by in-house resources as “first responders” at preliminary stages and as engagement managers going forward. This state of affairs creates new responsibilities and poses challenges not exclusively for internal eDiscovery specialists but also for outside counsel required to be responsive to this present paradigm as well as service providers that are now finding they often engage primarily with the ultimate client’s technical, legal and budgetary personnel rather than retained counsel.

The faculty for this program will address these primary challenges that in-house counsel encounters in grappling with these issues:

• Building the corporate eDiscovery capability
• Record retention and proactive compliance measures
• Establishing critical alliances between inside and outside eDiscovery counsel
• Strategies for dealing with legacy systems and other data sources in a corporate setting
• The service provider selection process; budgets and practicing effective cost control
• The technology of in-house eDiscovery

Educational Objectives:

• Find out the “best practices” for establishing and operating an in-house eDiscovery capability and garnering support from the different internal constituencies involved in the discovery effort.

• Learn pointers for how to best control the expense of the eDiscovery process, including cost control when (i) establishing of a document lifecycle management system; (ii) establishing a fully defensible and rapidly implemented litigation hold process; or (iii) internally collecting and processing electronically stored information (ESI).

• Understand the technology available to in-house eDiscovery groups and the manner in which the technology selection process can most effectively be executed.

Who would benefit from attending this program and why?

• Outside practitioners specializing in eDiscovery will understand the issues confronted by in-house eDiscovery counsel;

• In-house counsel will be able to better address the internalization and control of the eDiscovery process and its many risks to the organization’s legal liability, financial position and reputational posture;

• Practice support professionals will acquire a broader understanding of in-house eDiscovery practice support;

• I.T. personnel will learn how to best collaborate with an in-house eDiscovery group and transform and enhance, when necessary, their relationship with eDiscovery specialists;

• Government eDiscovery specialists will acquire insight into the in-house eDiscovery realm;

• CEOs, CFOs and COOs will benefit from many of the same learning goals mentioned above and will be able to better visualize and secure their own roles as stakeholders in the eDiscovery process.

Program Level: Intermediate

Credit Available: CLE. (For more information, please click on the “CLE Credit” tab.)

Robert Alan Eisenberg, OrcaTec LLP; John Unice, Bayer Corporation; Susan Hammond, Regions Financial Corporation; Cindy Lowe Durkin, GE Aviation

Robert Alan Eisenberg, OrcaTec LLP
Robert Eisenberg is the Director of eDiscovery Services at OrcaTec LLP. He has over 30 years’ experience in the practice of law and the rendering of consultative services relating to the discovery of Electronically Stored Information (ESI), computer forensics, “proactive” electronic data preservation and retention and traditional paper-based litigation support services. He frequently conducts seminars, CLE courses and other presentations on the subjects of eDiscovery, Computer Forensics and Electronic Records Management.

Mr. Eisenberg is the creator of a seminar program on automated litigation support services for Georgetown University's Legal Assistant Certification Program (LAP). He is a member of that program’s Advisory Board and is the Founding Chair and Permanent Co-Chair of The Advanced E-Discovery Institute (AEI) at The Georgetown University Law Center in Washington, D.C. AEI is the only annual CLE program dedicated to the discipline of eDiscovery in the United States that is sponsored by a major law school and hosts the CLE program in eDiscovery that numbers the most members of the federal judiciary on its faculty. AEI has, since its inception, morphed into a combination think tank, policy group and CLE program. Mr. Eisenberg is currently a Permanent Co-Chair of the Institute, which boasts an Advisory Board and faculty of some of the most renowned jurists, practitioners, technologists, practice support professionals, consultants and educators in the discipline of eDiscovery. The Institute’s CLE program was expanded to three days in 2006 and is presently in its sixth year. Mr. Eisenberg is also the originator and founding co-chair of Georgetown Law Center’s E-Discovery Training Academy, a unique school for the comprehensive practical training of attorneys, practice support professionals and technical specialists in the entire spectrum of legal strategies and technological services that constitute the full practice of eDiscovery. The Academy is the only program of its kind affiliated with a major law school. Mr. Eisenberg co-founded and is the Project Co-Chair of Georgetown Law’s E-Discovery Practice Support Project and sits on the Advisory Board of Bloomberg BNA’s Digital Discovery & eEvidence, one of the leading publications in the discipline of eDiscovery.

John Unice, Bayer Corporation
John Unice is Senior Counsel at Bayer Corporation in Pittsburgh, where he manages national and international litigation for Bayer’s three operating companies. In addition to litigation management, Mr. Unice also has significant responsibility for training Bayer employees regarding electronic discovery, records retention, and social media best practices. He has presented on social media and electronic discovery at meetings hosted by ACI, IADC as well as the Fulbright Forum Monthly Speaker series. Mr. Unice has also been the U.S. legal team member on various international teams at Bayer who are charged with examining, adopting, and deploying various forms of new work place technologies, including social media and electronic discovery tools.

Susan Nielson Hammond, Regions Financial Corporation
Susan Hammond joined the Office of the General Counsel at Regions Financial Corporation in 2007 as Bank Operations Counsel. In 2010, Ms. Hammond was assigned to the Corporate Compliance Division to advise on operational compliance requirements related to new regulations and records production projects. In mid-2011, Ms. Hammond was assigned to the Operations & Technology Division to advise and automate legal processes including workflow for eDiscovery “project” management. Over the past year, she has worked closely with the Information Security team that now includes an eDiscovery Unit, led by Preston Shoemaker and under the direction of Regions Chief Information Security Officer, Michele Cantley. The Regions Technology eDiscovery Unit manages an approximate load of 100 active eDiscovery Projects, comprising a custodian base of more than 1,800 network user targets and raw data in excess of 25TB. Prior to joining Regions, Ms. Hammond was in private practice and specialized in legal and information technology services, multidistrict litigation (MDL) settlement and claims assessments, and transactional negotiations for private, corporate and legal services clients. She attended law school at Stamford University’s Cumberland School of Law, where she was a graduate research assistant and editor of the 1st Edition Hornbook on Alternative Dispute Resolution. An historian and master’s qualified automation librarian, Ms. Hammond has experience in software development, academic library cataloging and authority control, and curation and collections information management. She holds a J.D. from Stamford University and MLIS and B.A. degrees from the University of Alabama. She has qualified by examination and is licensed to practice law in New York, Alabama and Arkansas.

Cindy Lowe Durkin, GE Aviation
Cindy Lowe Durkin is Counsel, Litigation & Preventive Law at GE Aviation. GE’s Aviation unit is a $19 billion world-leading producer of civil and military jet engines; integrated digital, electric power, and mechanical aircraft systems; and aero-derivative engines for marine applications.

Ms. Durkin manages a variety of global disputes, including products liability claims, commercial suits / arbitrations, internally reported compliance concerns, and government enforcement matters. She has assisted GE’s Transportation unit with management of several long-standing high-risk commercial cases, including an arbitration before the ICC in Italy and a lawsuit in California federal court.

Ms. Durkin attended the University of Kentucky from which she earned her law degree and a B.A. with honors in Political Science. Ms. Durkin serves as a member of the Board of Directors of the International Aviation Womens Association and the Southwest Ohio Chapter of the Association of Corporate Counsel.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.