Gibbons Fifth Annual E-Discovery Conference, "Overview of the E-Discovery Landscape: 2011"

The Gibbons E-Discovery Task Force will host its fifth annual full day E-Discovery Conference devoted to the latest developments in electronic discovery and corporate information management. This program will include speakers who are among the most respected names in the e-discovery field, including former United States Magistrate Judge John Hughes, e-discovery authority Michael Arkfeld, and representatives of leading corporations and e-discovery service providers.

Among the Gibbons attorneys who will present and moderate panels are Paul E. Asfendis, Luis J. Diaz, Phillip J. Duffy, Scott J. Etish, Jennifer A. Hradil, Jeffrey L. Nagel, and Mark S. Sidoti.

Program outline:

• Overview of the E-Discovery Landscape:

2011 Over the past year, courts across the country have provided some of the most comprehensive and instructive e-discovery opinions to date. This panel will discuss current hot topics, the use of social media in the courtroom, ethical and professional concerns, and important judicial decisions from 2011.

• Cybersecurity 101

Although cybersecurity is often viewed as a public sector issue, recent cyber strikes against leading corporations make clear that private industry can be impacted by cybersecurity regulations and breaches. This panel will discuss various types of cybercrime affecting companies and the existing legal and regulatory scheme used to combat these attacks. The discussion will address the need for all organizations to comply with the patchwork of federal and state privacy laws, security breach reporting requirements, and recent mandates from states requiring the development of written information security policies.

• Self-Collection Methods and Technology

Companies that “self-collect” electronically stored information in response to discovery demands can realize cost savings, but they also risk incomplete preservation and collection, data loss, and judicial criticism. There are ways to minimize these risks. This panel will define and discuss the different meanings of “self-collection,” explore collection methods and other important elements of a reasonable and defensible self-collection plan, and discuss how available (and relatively affordable) technology and software solutions can help minimize the risks inherent in the self-collection process.

• The “Do’s” and “Don’ts” of Litigation Hold — Deconstructing the Effective Litigation Hold Notice

Litigation hold notices are now ubiquitous and mandatory aspects of all litigation. Issuing a notice is among the first and most critical steps in the electronic evidence preservation process, yet the law on how such a notice should be written and directed continues to evolve. This panel will “deconstruct” a litigation hold notice, discussing key components, strategic concerns, and relevant case law.

• Information Governance:

Drafting Records Management Policies Carefully tailored records management policies help companies reduce costs, ensure records are retained as long as legally necessary, and preserve records when required because of lawsuits or investigations. This panel will discuss the importance of having defensible information governance programs, the key provisions of a well-crafted records management policy, and important ancillary policies, such as those addressing litigation hold, social media, and electronic communications.