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The Evolving World of eDiscovery Practice Support



Wednesday, December 19, 2012
Product Code - LGN68
Speaker(s): Robert A. Eisenberg, iDiscovery Solutions Inc.; Scott Bilbrey, Covington & Burling LLP; Nancy Dooher Stephenson, Skadden, Arps, Slate, Meagher & Flom LLP; Eric Yeich, Marsh and McLennan Companies
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This program will provide an expansive overview of the field of eDiscovery Practice Support, what this discipline encompasses and its critical importance to the practice of law. The future development of the field will also be explored and the myriad roles the specialist can play once properly educated in the art and science that comprises the world of the Practice Support Professional (PSP). The panelists, all eDiscovery specialists, will explore the history of eDiscovery practice support as it has developed through the years, both within law firms and corporate environments. They will describe the critical and ever-developing role of the PSP in the practice of eDiscovery specifically as well as within the field of litigation practice and the broader practice of law itself. The growing impact of this area as an important, exciting and significantly rewarding “alternative career track” in the legal field will be examined.

The panelists will focus special attention on the role of the Project Manager (PM) in the realm of eDiscovery. They will explore the manner in which a PM provides consulting to the various stakeholders in the eDiscovery process (be they the firm’s attorneys, client, the court, service providers or even the opposition’s technical support). The PM’s set of essential skills for success will be emphasized, including the ability to think through issues with clarity and confidently and understandably present the salient points to stakeholders while exhibiting a practical and comprehensive understanding of the most efficient, cost-effective and defensible manner in which to utilize the large and growing trove of tools that constitute the technology of eDiscovery. The panelists will:

• Chart the most pragmatic, yet most effective methods by which the PM overcomes technical challenges posed by the existence of unusually large volumes of electronically stored information (ESI).
• Discuss the manner in which to advocate effectively for an eDiscovery process in addressing specific data scenarios, and the manner in which the professional clearly communicates the specifics of that process to those in need of guidance.
• Discuss how to manage team members’ expectations so that the legal team can best plan for effective engagement with workloads, relying upon realistic deadlines.
• Explore the manner in which to consult with attorneys, outside providers, and clients, generally, in effectively managing the eDiscovery process.
• Demonstrate how to design an eDiscovery action plan and develops an eDiscovery budget.

Attendees will come away with a sound understanding of the mandate and goals of an eDiscovery PM, while comprehending the basic project management terminology and tools and the unique and distinguishing aspects of project management as it is practiced in an eDiscovery context as well as understanding the key milestones for a PM in the eDiscovery lifecycle.

Strategies by which to fully develop existing skills and develop new ones in order to rapidly advance through the ranks of the profession will also be discussed.

Educational Objectives:

• Learn the history and present state of eDiscovery Practice Support and the crucial role of today’s Practice Support Professional.
• Understand the aspects, both in the hard science realm (such as eDiscovery technology) and the soft science realm (such as people management and communication skills) that distinguish a successful eDiscovery Project Manager and permit one to successfully negotiate both the art and science of eDiscovery project management.
• Find out about methods to meet the challenge of the new world of increasingly technical practice support.
• Learn of career tracks available to the Practice Support Professional and the future of the profession.
• Gain an understanding of the value of dedicated corporate in-house eDiscovery teams and how to form, train and equip them for an establishing and maintaining an efficient, effective and defensible eDiscovery process.

Who would benefit from attending the program?

Practice Support Professionals, within both law firms and corporations; eDiscovery Counsel; Litigators of all levels of seniority; In-house counsel; New associates; eDiscovery support staff.

Program Level: Intermediate.

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

Robert A. Eisenberg, iDiscovery Solutions Inc.; Scott Bilbrey, Covington & Burling LLP; Nancy Dooher Stephenson, Skadden, Arps, Slate, Meagher & Flom LLP; Eric Yeich, Marsh and McLennan Companies

Moderator:  Robert A. Eisenberg, Director, iDiscovery Solutions Inc. 
Robert Alan Eisenberg is the Director of iDiscovery Solutions Inc. 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. Mr. Eisenberg frequently conducts seminars, CLE courses, webinars and other presentations on the subjects of eDiscovery, Computer Forensics and Electronic Records Management. He is a founder and program Co-Chair and of the Advanced E-Discovery Institute at The Georgetown University Law Center in Washington, D.C. The Institute offers the only annual CLE program dedicated to the discipline of eDiscovery in the United States that is sponsored by a major law school. It is also distinguished by having the largest number of members of the federal judiciary on its faculty of any program of its type. The program is presently in its ninth year.

Mr. Eisenberg is also the originator and founding co-chair of Georgetown Law Center’s eDiscovery 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. Mr. Eisenberg is a founder and is the Project Co-Chair of Georgetown Law’s eDiscovery Practice Support Project. He sits on the Advisory Board of Bloomberg BNA’s Digital Discovery & e-Evidence (DDEE), one of the leading publications in the discipline of eDiscovery. Mr. Eisenberg earned a J.D. from Hofstra University School of Law.

Scott Bilbrey, Director, Litigation Support Services, Covington & Burling LLP
Scott Bilbrey is Covington’s Director of Litigation Support Services. He oversees technical and e-discovery services for the firm’s litigators (in addition to overseeing the litigation paralegals), and his responsibilities include counseling clients on document management and collection, as well as advising on technical and system issues. Prior to joining Covington, Mr. Bilbrey was Vice President of Operational Risk at Credit Suisse First Boston in New York, where he helped to overhaul CSFB's records retention policies and procedures, and to re-engineer processes for identifying and sequestering data for prospective litigation. After CSFB, Mr. Bilbrey was Vice President of Client Services for the e-discovery vendor nMatrix (now Epiq Systems), where he headed Production and Project Management, serving leading international law firms and institutional clients.

Mr. Bilbrey began his career at Davis Polk & Wardwell, where he was the first paralegal to use modern database systems for managing case materials, and was promoted to Supervisor and Systems Analyst in Litigation Services. His experience at DPW provided a front-row seat for many landmark e-discovery matters, including the Enron matter for Arthur Anderson, eventually leading to a role as senior consultant with e-discovery pioneer, Ibis Consulting. Mr. Bilbrey earned a B.A. in English literature from New York University and an M.B.A. in finance from Columbia Business School.

Nancy Dooher Stephenson, Information Technology Administrator, Skadden, Arps, Slate, Meagher & Flom LLP
Nancy Stephenson is the Information Technology Administrator for the Washington, DC office of Skadden, Arps, Slate, Meagher & Flom LLP. She directs the implementation of all legal technology for the Washington office and is presently involved in the development of Skadden's best practices in legal technology, litigation support and electronic discovery. Prior to joining Skadden Arps in 2000, Ms. Stephenson was the Vice President of Operations at Litigation Systems, Inc. From 1989 to 1998, she was the Director of Information Technology and Litigation Support at Williams & Connolly, and from 1984 to 1989, a consultant with Price Waterhouse's Law Firm Services Group.

In addition to periodic speaking engagements on various aspects of electronic discovery, Ms. Stephenson is currently serving on Georgetown Law's eDiscovery Practice Support Project, a CLE program that provides annual training sessions for law students, paralegals and lawyers in managing electronic discovery engagements.

Eric Yeich, Assistant E-Discovery Manager and Director of Information Technology Support, Marsh and McLennan Companies
Eric Yeich is the Assistant E-Discovery Manager and Director of Information Technology Support for the legal department of Marsh & McLennan Companies (MMC). He has worked with MMC and its subsidiaries and predecessors for 25 years, designing and developing software, building and managing early pc networks, and developing, training and supporting professional standards. Mr. Yeich also helped design and build a customized legal hold tracking system and developed eDiscovery incident response procedures for the Company. In 2009, he joined the Legal Department to help manage legal holds, data collections, and electronic discovery issues for the Company as well as playing a key role in the global rollout of the Department's matter management, electronic billing, and document management systems. Mr. Yeich contributed to eDiscovery Plain and Simple “a plain English crash course in e-discovery” (Brecher, Childress 2009) and holds a B.S degree in Mathematics from Towson University in Maryland.

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 attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to Lindsey Pace, CLE Accreditations Coordinator, or email us at accreditations@bna.com.

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.