Main Conference Day Two

Nov 30, 2011 - eDiscovery Readiness for Government

7.30 Continental Breakfast & Registration Sponsored By Pitney Bowes

Continental Breakfast & Registration Sponsored By Pitney Bowes

8.15 Chair’s Opening Remarks

Brooke Oppenheimer, Federal Legal Advisor, AccessData

Chair’s Opening Remarks

Brooke Oppenheimer

Federal Legal Advisor, AccessData

8.30 eDiscovery Readiness: Understanding What Is Expected Of Your Agency In An eDiscovery Hearing / Trial

The Honorable John M. Facciola, US Magistrate Judge , US District Court, District of Columbia
Andrew Goldsmith , National Criminal Discovery Coordinator , US Department of Justice
William Bennett , Director - Technical Division, Office of Administrative Litigation , Federal Energy Regulatory Commission
Daniel Lim, Senior Director and Assistant General Counsel, Guidance Software

Understanding how the size of the case can impact the scale of the request for data
Realizing how what is going on in an agency, the systems that apply and the metadata attached to those documents apply to an eDiscovery case
Determining the nature of the work that needs to take place for an eDiscovery case when collecting ESI
- What forensic work needs to be done? What is formally / informally in place?
Defining relevancy and materiality, to determine what information is important
Evaluating how you can co- operate and negotiate with opposing counsel to benefit both sides
- Negotiating search methodologies, data ranges, possible costs sharing

The Honorable John M. Facciola

US Magistrate Judge , US District Court, District of Columbia

Andrew Goldsmith

National Criminal Discovery Coordinator , US Department of Justice

Mr. Goldsmith was appointed by the Deputy Attorney General in January 2010 as the Department’s first National Criminal Discovery Coordinator. In this role, he oversees a wide range of national initiatives designed to provide federal prosecutors with training and resources relating to criminal discovery. He is also the primary liaison to all United States Attorney [read more]

William Bennett

Director - Technical Division, Office of Administrative Litigation , Federal Energy Regulatory Commission

Daniel Lim

Senior Director and Assistant General Counsel, Guidance Software

Daniel Lim is a Senior Director and AGC with Guidance Software, Inc. He consults with corporate and government clients on e-discovery, privacy, and digital investigations. He speaks regularly on legal issues pertaining e-discovery, privacy, and security. Prior to joining Guidance Software, Lim was an attorney at Jones Day. As a member of the firm’s eDiscovery committee, he overs [read more]

9.40 Screening Information: Best Practices In Culling Data To Maximize Efficiency In eDiscovery

Chad Papenfuss , Litigation Support Manager , Bureau of Consumer Protection (FTC)

Screening in advance vs. screening after collection of documents
Identifying the most efficient process
Using key word searches to make the identification of privileged material easier
Utilizing basic culling techniques such as date ranges and deduplication to find the most relevant data

Chad Papenfuss

Litigation Support Manager , Bureau of Consumer Protection (FTC)

10.10 Networking Morning Coffee

Networking Morning Coffee

10.40 Managing Complex FOIA Requests: Leveraging Traditional and Agile Project Management Techniques to Achieve Program Objectives

Comparing traditional ('waterfall') and agile (e.g., 'scrum') project management techniques

What are the pros and cons of each?

Breaking down the initial planning phase into smaller areas to more effectively engage stakeholders including IT and manage the larger goal by doing a series of ‘sprints’

Using a case study to apply the best of both worlds (scrum and waterfall techniques) to a complex FOIA request:

What were the lessons learned?

Using a case study to apply the best of both worlds (scrum and waterfall techniques) to a large digitization initiative.

What were the lessons learned?

11.20 Taking A Pro-Active Approach To E-Mail Management: Effective Categorization And Retention

Jeng Mao , Program Manager at OCIO Information Discovery and Litigation Support , US Department of Agriculture

Email 101: Discussing how and what to capture in emails and if everyone understands it, particularly management
Assessing your current email policy to discover best practices in retention policy and ensure it is being followed
Evaluating best practices in effectively categorize emails to more easily sort in case of eDiscovery or FOIA requests
Examining tools to maintain email records and secure compliance, to manage different types of data within a single archive

Jeng Mao

Program Manager at OCIO Information Discovery and Litigation Support , US Department of Agriculture

12.00 Common Law Development Regarding Preservation And Whether It Is Appropriate To Apply That Law To the United States

Sarah Michaels Montgomery , Senior Litigation Counsel for E-Discovery , US Department of Justice

Getting to grips with Spoliation- determining if metadata is not being saved if it is spoliation
Determining what your obligations are with regard to producing records with metadata in a particular format
Best practices of how government can manage that amount of metadata upfront
Reviewing Judge Scheindlin’s FOIA case and the latest developments in case law that have impacted metadata in eDiscovery

Sarah Michaels Montgomery

Senior Litigation Counsel for E-Discovery , US Department of Justice

12.40Luncheon

Luncheon

TRACK A: Records ManagementTRACK B: Office of the CIO/General Counsel

2.00 Developing A Robust Document Retention Schedule: Best Practice In Setting A Defensible Policy

TRACK A: Records Management

Paul Wester , Chief Records Officer , NARA

Understanding what should go into your document retention schedule: What data should be saved? What should be deleted?
Evaluating the ramifications of not destroying records on time versus destroying too early
Determining the impact NARA has on document retention schedules and the flexibility you have to adapt yours
Adapting your schedule to include records in all formats including videos, wikis, blogs, net meetings, email, documents

Paul Wester

Chief Records Officer , NARA

2.00 Effectively Demonstrating Your Burden: Ensuring Your eDiscovery Policies & Procedures Are Robust To Avoid Risk Of Spoliation While Remaining Time- And Cost-Effective

TRACK B: Office of the CIO/General Counsel

Kathy Stewart, Acting Litigation and Electronic Discovery Liaison, Chief Information Office, USDA- Forest Service
Tina Waddell , Associate General Counsel , SSA

Merely saying you burden is expensive is not enough: Understanding the details to show your burden:

Volumeof data
Type / Source of data
Type and expense of review before production

Working with IT specialists to ensure you have done everything within reasonable means to effectively maintain records across their lifecycle

Using technology to reduce your burden:

Early case assessment tools
Basic culling(e.g.date range and de-duplication)
Key word searches - Advanced analytical tools (e.g predictive coding)

Reviewing case law to avoid what not to do and avoid worst case scenarios

Kathy Stewart

Acting Litigation and Electronic Discovery Liaison, Chief Information Office, USDA- Forest Service

KATHY STEWART is the Chief Information Office Acting Litigation and E-Discovery Liaison with the U.S. Department of Agriculture, Forest Service. Kathy has been working the last several years on standing up an E-Discovery Program within the agency, researching technology, reviewing and developing policy and procedures for Litigation and Discovery issues, and producing data for discovery orders. As [read more]

Tina Waddell

Associate General Counsel , SSA

Ms. Waddell serves as the Associate General Counsel for General Law for the Social Security Administration (SSA). In that role, she leads an attorney staff in providing legal advice and representation to SSA on a wide range of business and administrative matters, including those involving equal employment opportunity, merit systems protection, ethics, disclosure, and fiscal law. She has managed ag [read more]

2.45 Generating Buy-In From End Users: Communicating The Importance Of Records Management And Developing An Effective Training Program To Ensure Compliance

Sherrie Gibson , Chief- Records Management & Technology Group , Central Intelligence Agency
Joan Fina , Assistant General Counsel for Information & Litigation Support , Federal Trade Commission
Ken Matthews , Program Specialist- eDiscovery , USAID

Determining best practices in educating users on implementing document retention schedules
Adopting change management- how do you incentivize and get users to buy-in to your initiatives?
Discovering how to influence upper level management to take a proactive stance to enforcing records management policies
Presenting objective and accurate data to demonstrate how the benefits will outweigh the costs to the user and the mission of the organization

Sherrie Gibson

Chief- Records Management & Technology Group , Central Intelligence Agency

Joan Fina

Assistant General Counsel for Information & Litigation Support , Federal Trade Commission

Ken Matthews

Program Specialist- eDiscovery , USAID

I have worked for the Federal Government for 7 years. In my Government career I have worked four years with the Department of Treasury, one month with the Coast Guard and three years with United States Agency for International Development (USAID). Prior to becoming a Civil Servant I spent 15 years in full time ministry and taught Pre Ged for the Community Colleg [read more]

2.45 Practical Implementation Of A Litigation Hold / Preservation Order: Understanding The Specific Requirements Across Your Agency

Leslie Wharton , Senior Counsel , Security Exchange Commission
Maria Campo , Senior Counsel for Litigation , US Patent and Trademark Office
Nicolas Oettinger , Associate Counsel , US Patent and Trademark Office

Litigation hold: What is expected of you from the moment you receive notice of a litigation hold?
Developing a defined written policy to determine whether a duty to preserve has been triggered and establishing a process to implement the hold
Ensuring compliance from members of your agency: Using tools to periodically follow up with affected employees and ensure they are preserving data
Automating the litigation hold process by ensuring potentially responsive data is captured and indexed in a matter of minutes upon notice of the hold

Leslie Wharton

Senior Counsel , Security Exchange Commission

Leslie Wharton is Senior E-Discovery Counsel in the Office of General Counsel at the Securities and Exchange Commission.* Prior to joining the SEC, she was a partner in the Washington, D.C. office of Arnold & Porter LLP. Ms. Wharton has counseled and represented clients on the a variety of e-discovery issues including best practices for satisfying the duty to preserve and the manag [read more]

Maria Campo

Senior Counsel for Litigation , US Patent and Trademark Office

Ms. Campo is the Special Counsel for Employment Litigation at the United StatesPatent and Trademark Office (USPTO). She has extensive knowledge of employment and personnel laws in both the Federal and private sectors. She has direct experience in the coordination of the USPTO Office of General Law litigation program. She serves as the Office’s expert on a wide range of employmen [read more]

Nicolas Oettinger

Associate Counsel , US Patent and Trademark Office

Mr. Oettinger is an Associate Counsel at the USPTO. He is an eDiscovery coordinator for the Office of the General Counsel, and has recently helped implement new litigation hold and electronic record retention policies for the Office. Prior to joining the USPTO, Mr. Oettinger was a litigation attorney at a national firm, counseling clients in the health care and aviation industries on a variety of [read more]

3.30 Afternoon Coffee & Networking

Afternoon Coffee & Networking

4.00 Getting to Grips With The Latest Cyber Security And Privacy Threats To Identify Your Main Points Of Vulnerability

Identifying the latest cyber security threats and the impact they can have on anagency:

Does your agency understand them but not accept them?
Is it an urgent or far away threat?
Is it a high / low threat?

Assessing outside contractors and the processes they have to go through to become authorized

What threats can they create?

Realizing what the cost of failure is from cyber security to determine level of investment required to reduce the threat

Reviewing recent case studies and applying lessons learnt which IT, legal and records management can take away to reduce risk of secure/ private information being stolen

4.45 End Of Main Conference Day Two

End Of Main Conference Day Two






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Main Conference Day Two

Nov 30, 2011 - eDiscovery Readiness for Government

Brooke Oppenheimer Federal Legal Advisor, AccessData

The Honorable John M. Facciola US Magistrate Judge , US District Court, District of Columbia

Andrew Goldsmith National Criminal Discovery Coordinator , US Department of Justice

William Bennett Director - Technical Division, Office of Administrative Litigation , Federal Energy Regulatory Commission

Daniel Lim Senior Director and Assistant General Counsel, Guidance Software

Chad Papenfuss Litigation Support Manager , Bureau of Consumer Protection (FTC)

Jeng Mao Program Manager at OCIO Information Discovery and Litigation Support , US Department of Agriculture

Sarah Michaels Montgomery Senior Litigation Counsel for E-Discovery , US Department of Justice

Paul Wester Chief Records Officer , NARA

Kathy Stewart Acting Litigation and Electronic Discovery Liaison, Chief Information Office, USDA- Forest Service

Tina Waddell Associate General Counsel , SSA

Sherrie Gibson Chief- Records Management & Technology Group , Central Intelligence Agency

Joan Fina Assistant General Counsel for Information & Litigation Support , Federal Trade Commission

Ken Matthews Program Specialist- eDiscovery , USAID

Leslie Wharton Senior Counsel , Security Exchange Commission

Maria Campo Senior Counsel for Litigation , US Patent and Trademark Office

Nicolas Oettinger Associate Counsel , US Patent and Trademark Office