(Central Standard Time)
Registration/Breakfast
Opening Remarks: Robin E. Perkins (Kutak Rock LLP) and Daniel McCarroll (UMKC)
Microsoft 365: What Attorneys Need to Understand
Chances are at least one of your clients or one of your opponent’s clients is using Microsoft 365 (M365). This session will focus on the different types of ESI in M365 and the features in M365 for preserving, searching, and collecting the various types of ESI. It will address the use of outside counsel access, as a way to save money and analyze data more quickly. There will be a live demo showcasing the Premium feature within M365. This is a practical session for attorneys who want to understand how to use M365 or want to understand what opponents can do in M365.
Presenters: Tessa K. Jacob (Husch Blackwell) & John Collins (Lighthouse)
Networking Break
In-House Counsel Perspectives on eDiscovery: What’s Actually Keeping Them Up at Night, and How You Can Help
In-house counsel face an endless barrage of demands, ranging from meeting the needs of internal (business) clients, to wrangling budgets, to monitoring and managing litigation risks, to working with outside counsel and vendors to timely comply with discovery obligations. The panelists will open up about some of what’s keeping them up at night, including preservation and collection from unique data sources, “bring your own device” policies, defensible data disposition, evolving technology platforms, and information governance. In the process, they’ll offer some insights into how outside counsel can help ease their burdens, including improved budget tracking, communication that prevents missed (or duplicated!) tasks, forecasts of notable litigation trends, and recommendations for lower cost support for data collection, processing, and review.
Moderator: Rebecca J. Schwartz (Shook, Hardy & Bacon)
Panelists: Emily Collins (Southwest Airlines), Amy Moore Harris (UMB Financial Corp), Carrie Barbee (Heico Construction Group), and Scott Aripoli (H&R Block)
Networking Break
Rule 45 Subpoenas to Non-Parties: You Can’t Always Get What You Want. (But If You Try, Sometimes, You Just Might Find, That You Get What You Need.)
Documents and ESI obtained from non-parties are often important evidence in a litigation or investigation. However, because they often have no stake in the outcome, non-parties are offered protections under the procedural rules that are not available to parties in discovery. For example, when issuing subpoenas to a non-party, reasonable steps must be taken to avoid imposing undue burden or expense on the non-party. Similarly, any order requiring compliance with a subpoena must protect the non-party from significant expense resulting from compliance. Parties may even be required to share some of the costs incurred by the non-party in responding to a subpoena. But absent a successful motion to quash or court order placing restrictions on the response, the non-party still must comply with the subpoena – consistent with other obligations contained in the rules. This mock negotiation will take you through various strategies and considerations that parties and non-parties might employ in negotiating compliance with a subpoena that seeks ESI evidence.
Negotiators: Lea Bays (Robbins Geller Rudman & Dowd LLP) and Martin Tully (Redgrave LLP)
Networking Break
NeLI Talk-Search 2.0: Integrating Artificial Intelligence with Keyword Search
Since the dawn of eDiscovery, keyword search continues to be the primary means to find relevant documents. Yet, keywords do not work well, and the necessary search syntax is hard to master. But, until recently, there were no other options. Attend this session to learn about a new approach to search that integrates artificial intelligence algorithms with keyword search capabilities to revolutionize the search and review process. Join us for a look at the future of search and learn how the real-time integration of keyword and algorithmic search can be a game changer for all.
Presenter: John Tredennick (Merlin Search Technologies, Inc.)
Networking Break
NeLI Talk- Streamlining Your Legal Hold Process
Learn best practices in legal hold and how technology can create an end to end approach to eDiscovery and information governance, and help teams locate evidence faster.
Presenters: John Sanchez (Disco) and Jesse Murray (Lime)
Pick up Lunch
12:30 p.m. - 2:55 p.m. Lunch and Learn
As you eat lunch, enjoy a fun and entertaining presentation on the really cool things you can discovery through a computer forensics’ investigation. Steve will take us on exploration to show us what forensic detectives can uncover. This is one you won’t want to miss!
Presenter: Steve Davis (Cobra)
1:00 p.m. - 2:30 p.m. Judicial Panel: The Court Speaks eDiscovery
Judges from around the nation will provide insight from the bench as they address the latest eDiscovery developments and ethical issues surrounding the discovery process. These judicial influencers are eager to provide insight that may save you or your client from engaging in a costly mistake.
Moderator: Robin E. Perkins (Kutak Rock LLP)
Panelists: Hon. William Matthewman (U.S.D.C. S.D. FL), Hon. Maria Valdez (U.S.D.C. N.D. IL.), Hon. Teresa James (U.S.D.C. Dist. Kan), and Andrew J. Peck (DLA Piper, LLP and Ret. Magistrate Judge (U.S.D.C. S.D. N.Y.))
Networking Break
2:40 p.m. - 3:30 p.m. Mock Hearing
Judge Matthewman will preside over a mock hearing by seasoned litigators about novel eDiscovery, legal, and technical issues that arose in federal litigation relating the beginnings of Bitcoin. These include, for example, how Rule 37 of the Federal Rules of Civil Procedure may apply to various eDiscovery abuses involving spoliation, document forgery, encrypted files, and cryptographic algorithms. The argument will help lawyers to educate themselves and their clients about the purpose and proper use of Rule 37, and how far a court might go to cure and deter such misconduct.
Advocates: Robin E. Perkins (Kutak Rock LLP) & Edward H. Rippey (Covington & Burling, LLP)
Presiding Judge: Hon. William Matthewman
Networking Break
Fundamentals of Artificial Intelligence and Bias: What Every Lawyer Should Know
Artificial Intelligence (AI) applications are growing increasingly ubiquitous. The evidence that derives from AI applications will soon inundate civil and criminal litigation. Therefore, counsel ignore AI at their own (and their clients’) peril. This session will cover what AI is and how it works, what kinds of AI application are being used in the legal and other industries, and issues implicated by AI, including, bias, insufficient validation, and function creep.
Presenter: Maura R. Grossman (University of Waterloo & Maura Grossman Law)
Ethical Dilemmas in eDiscovery
Join us for a fun, interactive game that will test your knowledge of legal ethics’ rules surrounding TAR and eDiscovery in the context of a model case where the Defendant elected to utilize Technology Assisted review. Try to get enough answers right to ascend to “Ethical Paradise”—but beware—too many incorrect answers could land you in the “Ethical Inferno”!
Game Show Hosts: David Cohen (Reed Smith LLP) & Thomas C. Gricks (Open Text)
