Information Retention & eDisclosure Summit 2011


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Rigorous legal controls and recent aggressive efforts by regulators demand that in-house legal departments act swiftly in order to reduce the risk of legal liability and the costs associated with non compliance.

Taking place in London May 9 – 11, 2011, IQPC\'s 6th Annual Information Retention and eDisclosure Management Summit provides two days of hands-on \'how to\'s\' to ensure your legal department are properly positioned - and protected - for what lies ahead.

As the only event that brings together the UK and Europe’s leading minds from the world’s largest companies, there is simply no better place to hear the latest tips for managing information retention and eDisclosure.

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Information Retention & eDisclosure Summit 2011

  1. 1. an 25th B 6th Annual d P F oo ay ebr k by fro ua m ry Up to On 20 22 CPD ly 11 £14 i ty Solic points hor rs 9 i to ut R A n egulatioEurope’s largest and most comprehensive eDiscovery Conference: 10th & 11th May 2011 Pre Conference Workshops: 9th May 2011event welcomes this year’s speaker faculty including: Post Conference Workshops: 12th May 2011 JuDiCiary Venue: The Brewery, LONDON UK the Honorable andrew J Peck, US Magistrate Judge, District of New York Why has this Summit been the biggest Master steven Whitaker, Senior Master of the Senior Courts in the eDisclosure event in the European calendar Queens Bench Division, The Royal Courts of Justice for 5 years running? With over 40 expert His Honour simon Brown, QC, Specialist Mercantile Judge, speakers, 15 countries represented, Birmingham Civil Justice Centre 35+ sessions to choose from and over 150 the Honorable John M Facciola, US Magistrate Judge, corporate legal departments attending... District of Columbia there is simply no better place to get the the Honorable Paul W. Grimm, Chief US Magistrate Judge, most critical, current and comprehensive District of Maryland eDiscovery updates! reGulatory Damon C. Greer, Director, US- EU & Swiss Safe Harbor Frameworks, US Department of Commerce Gain timely and Vivian robinson, General Counsel, Serious Fraud Office (UK) accurate updates on: Jean-Bernard schmid, Deputy Prosecutor General, Investigating • The Bribery Act and how to conduct proactive Magistrate, Geneva (Switzerland) compliance reviews and internal investigations nathanial edmonds, Assistant Chief, Fraud Section – Criminal • How to conduct effective early case Division, U.S. Department of Justice assessments that reduce overall eDisclosure inDustry analyst costs and improves case outcomes Debra logan, VP, Distinguished Analyst, • Preparing an eDisclosure response strategy Gartner and anticipating the questions regulators inDustry anD eDisClosure exPerts might ask about your IT infrastructure and ESI ellis Parry, Global Data Privacy Lead, • Understanding the data protection maze and BP reconciling litigation and regulation requests Matthew Heiman, Chief Litigation Counsel, EMEA, with data privacy obligations Tyco International • Implementing the most critical tools todd Ptak, Senior Legal Counsel, Litigation & Regulatory Affairs, and strategies to make eDisclosure work Airbus operationally and financially Jane Frances Hill, Senior Commercial Lawyer and Acting Head of Privacy, BT Lead Sponsor: roger Poole, Head of Records Management, Barclays Capital Premier Associate Sponsor: George rudoy, Director of Global Practice Technology and Information Services, Shearman & Sterling Associate Sponsors: ronke ekwensi, VP eDisclosure and Records Management, Pfizer Chris Dale, Director, eDisclosure Information Project Denise e. Backhouse, Associate and Senior Member of the eData Team, Morgan Lewis Featured Exhibitor:T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  2. 2. Dear Colleague: and eDisclosure Management We’re excited to unveil IQPC’s 6th Annual Information Retention and regulatory investigations Summit! With increased economic pressures, data proliferation time. continuing to rise, this year’s summit could not come at a better demand that in-house legal Rigorous legal controls and recent aggressive efforts by regulators departments act swiftly in order to reduce the risk of legal liability and the costs associated with non level forum provides two days of compliance. Taking place in London May 9 – 12, 2011, this executive hands-on ‘how to’s’ to ensure your legal department are properly positioned - and protected - for what lies ahead. minds from the world’s largest As the only event that brings together the UK and Europe’s leading companies, there is simply no better place to hear the latest tips for managing information retention and eDisclosure. We’re excited to announce some our 2011 faculty members: New York The Honorable Andrew J Peck, US Magistrate Judge, District of the Queens Bench Division, Master Steven Whitaker, Senior Master of the Senior Courts in The Royal Courts of Justice gham Civil Justice Centre His Honour Simon Brown, QC, Specialist Mercantile Judge, Birmin of Columbia The Honorable John M Facciola, US Magistrate Judge, District t of Maryland The Honorable Paul W. Grimm, Chief US Magistrate Judge, Distric US Department of Commerce Damon C. Greer, Director, US- EU & Swiss Safe Harbor Frameworks, Vivian Robinson, General Counsel, Serious Fraud Office (UK) Magistrate, Geneva (Switzerland) Jean-Bernard Schmid, Deputy Prosecutor General, Investigating g Robert Vidal, Head of Competition, EU and Trade at Taylor Wessin ment of Justice Nathanial Edmon ds, Assistant Chief, Fraud Section – Criminal Division, U.S. Depart Ellis Parry, Global Data Privacy Lead, BP l Matthew Heiman, Chief Litigation Counsel, EMEA, Tyco Internationa , Airbus Todd Ptak, Senior Legal Counsel, Litigation & Regulatory Affairs Jane Frances Hill, Senior Commercial Lawyer and Acting Head of Privacy, BT Debra Logan, VP, Distinguished Analyst, Gartner Roger Poole, Head of Records Management, Barclays Capital ation Services, Shearman & Sterling George Rudoy, Director of Global Practice Technology and Inform Team, Morgan Lewis Denise E. Backhouse, Associate and Senior Member of the eData Ronke Ekwensi, VP eDisclosure and Records Management, Pfizer Chris Dale, Director, eDisclosure Information Project regularly for speaker A reminder to check the event website www.informationretention.c programme updates! you can benchmark your current Please take the time to review the next few pages to find out how companies prepare for the records management practices against the world’s most progressive challenges ahead. We look forward to seeing you again this May! Sincerely, Leslie Allen Conference Director Information Retention and eDisclosure Management Summit PS We’ve slashed the prices this year as well - ! see the back page for how you can pay as little as £149 to attendT: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  3. 3. Schedule of eventSMonday 9th May, 2011 tuesday 10th May, 2011 Wednesday 11th May, 2011 thursday 12th May, 2011• Pre Conference Workshops • Regulatory Panel • Judicial Panel • Post Conference Workshops • Keynote Presentations • Keynote Presentations • Content Tracks • Content Tracks • Cocktail Reception • Mock Case Assessment MondAY, 9th MAY 2011: PRe confeRence WoRKShoPS 08.30 REGISTRATION 09.00 – 12.00 CHOOSE A OR BWorkshop a Workshop BAssessing planning and implementing your eDisclosure team: Bringing A step by step guide to developing the policies and systems requiredtogether your in-house and outside team to enhance data accessibility to ensure compliant safeguards during any cross–border dispute orand reduce redundancy and inconsistencies investigation• Managing eDisclosure as a core business process: How law While most are well aware of their discovery obligations, the rules that apply departments are driving proactive corporate change to data privacy, retention, preservation and destruction in jurisdictions in the• Corporate law departments have evolved: how can you play a more US vs Europe can vary dramatically from country to country, and often conflict strategic role in determining corporate strategies and processes? with UK law. And the logistics of global eDiscovery can be just as confusing.• Why legal must be the catalyst for process enhancements throughout How legal teams configure their IT infrastructure and data systems is becoming the organisation increasingly important in international investigations and discovery – and can• Reviewing the proactive ways that legal can impact the entire significantly impact future litigation and compliance risks. This workshop will organisation as a strategic resource and better manage eDisclosure as provide a course of action for the collection, hosting, reviewing and production a core business process of data in international investigations, discovery and disclosure.• Setting up an internal corporate eDisclosure team to enhance data Workshops leaders and participants will discuss how to recognise what is accessibility and reduce redundancy and inconsistencies legally required for your industry and the jurisdictions in which your company• Assessing, planning and implementing an in-house eDisclosure team: operates and how to develop the policies and systems required to ensure• Planning and budgeting for this new organisational unit compliant safeguards during any cross–border dispute or investigation.• The ‘organisational chart’ for your new interdepartmental team Session will be led by an eDiscovery technology expert! Check for• Identifying the specific functions to be performed by an in-house updates at for further details e-EDisclosure teamSanjay Bhandari, Partner, Forensic Technology and EDisclosure Services, or email for information on how your companyernst & young can sponsor this session. 12.30 – 15.30 CHOOSE C OR DWorkshop C Workshop DPerforming effective early case assessments for investigations Information governance and compliance: (Re) Defining your information& eDisclosure management programmePractice Direction 31B and recent high-profile cases involving eDisclosure such • Understanding how to effectively store, manage and disclose information toas Goodale v MoJ highlight the importance of effective early case assessment avoid unnecessary litigation and ensure compliance(ECA) to ensure proportionate and cost-effective eDisclosure. An effective early • Minimising risk, maximising compliance: Managing an informationcase assessment involves understanding the facts of the case at the onset governance framework on a global scaleof a legal matter in order to make informed decisions. Using best practices • Defining a multinational information governance structure and defining rolestaken from experience with leading corporations, law firms, and government and responsibilitiesdepartments, this session provides guidance on how effective ECA can reduce • Conducting an audit of your existing information management programme tolegal costs and improve case outcomes. reduce complexity and risk while increasing control and complianceWhat attendees will learn: • Assessing the governing rules, regulations and compliance factors not only with regards to potential disclosure, but also length of retention and• What ECA involves and how to conduct effective ECA that reduces overall data protection issues eDisclosure costs and improves case outcomes Session will be led by an eDiscovery technology expert! Check for• Methods for quickly assessing case facts to determine best case strategy updates at for further details• How to accurately estimate eDisclosure time and cost at the onset of or email for information on how your company the case to make informed arguments for proportionality during the case management conference can sponsor this session.Jason Montgomery, UK Director, Clearwell systems 16.00 – 19.00 CHOOSE E OR FWorkshop e Workshop FThe Bribery Act: Proactive Compliance Reviews and Internal Investigations Discover eDiscoveryIn the UK, the Bribery Act is expected to come into effect in April 2011 It often comes as a shock to an organisation when they are first asked tointroducing a new strict liability offence where a company fails to prevent determine – with great clarity – where their data is, how it is controlled and if itbribery by one of its employees, agents or persons connected with it. It will be is possible to extract relevant material from it. Having located and extracted the data: what to do with it? Potentially, many terabytes of electronic materiala defence to show that the organisation had in place “adequate procedures” (coupled with scanned hardcopy material) needs to be assessed, culled, reviewedto prevent such bribery. It is becoming increasingly important for companies and produced. How can this be achieved, quickly and accurately, in an environmentto carry out internal reviews to detect corrupt practices and to investigate that allows for the security and control of the material between one or manypotential corruption incidents. In this interactive and practical workshop the parties and jurisdictions and often conflicting requirements associated with datafocus will be on how to technology can be used facilitate proactive internal privacy and banking secrecy legislation?compliance reviews and handle internal investigations into potential corruption Our team of industry experts will lead an interactive and hands on session on:incidents. Key topics covered will include: • Answering the question: “Where is the data?”• Designing a compliance review programme • What precisely is meant by forensic acquisition and processing of data? • Overcoming the challenges of extracting data from different operating systems and devices• Data mapping and selecting data samples for review • The technologies that exist to reduce large volumes of data to a refined• Data collections options responsive dataset• Use of early case assessment tools to review data quickly and interrogate it • Some of the solutions that can be deployed to satisfy national and international legislation.• Techniques and tools for broadening and deepening investigations • The options, costs and benefits when comparing on-site and off-site, and in-house• Managing the review of information and keeping costs in check and outsourced, solutionsDaniel Kavan, Electronic Evidence Consultant, Kroll ontrack Steve Buddell, Managing Director, Fti ConsultingJason Yalen, European Customer Relations Manager, Kroll ontrack Nick Athanasi, Managing Director, Fti Consulting T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  4. 4. tueSdAY, 10th MAY 2011: confeRence dAY 107.45 Breakfast Briefing: Sponsor host to be confirmed08.30 Chairperson’s Welcome & Introduction Tracey Stretton, Legal Consultant, Kroll Ontrack08.45 KEYNOTE PANEL Meeting regulatory expectations: Update on US and European regulatory investigations and prosecutions Regulators globally are acting with renewed vigour following the financial crisis. This unique panel brings together regulators from various jurisdictions for a discussion on the current business and regulatory climate and what is expected of business. The panel will comment on: The new regulatory climate: the impact and implication of new regulatory powers Areas of increased regulatory activity: corrupt practices, collusion with competitors and compliance failures Extra-territoriality and active co-operation across borders The impact of technology: proactive detection and powerful tools for investigators The rise of information governance What business should be doing to meet regulatory expectations now – and in the future Jean-Bernard Schmid, Deputy Prosecutor General, Investigating Magistrate, Geneva (Switzerland) Nathanial Edmonds, Assistant Chief, Fraud Section – Criminal Division, U.S. Department of Justice Vivian Robinson, General Counsel, Serious Fraud Office UK Moderated by: Tommy Helsby, Chairman, Kroll09.45 Staying a step ahead of the regulators: Minimising risk and maximising compliance In the face of increased regulatory scrutiny and expansion of powers globally it has become essential for companies to carry out proactive compliance reviews to stay a step ahead of the regulators. Companies also need to have policies and procedures in place to detect and prevent bribery, corrupt payments, anti-competitive behaviour and breaches of securities laws. Regulators and law enforcement authorities are very aware of the value of electronic evidence and as volumes of ESI grow at alarming rates companies need to prepare strategies for responding to investigations. In this panel discussion business, legal and technology experts will discuss: What compliance means in practice The innovative use of technology to facilitate self-audits and compliance reviews Being prepared for the questions regulators might ask about your IT infrastructure and ESI Putting crisis management plans in place: what you can do now? What should UK companies be doing to prepare successful eDisclosure response strategies? Understanding the need for efficient and effective information management systems Ed Sautter, Partner, Litigation & Dispute Resolution Group, Mayer Brown LLP Robert Vidal, Head of Competition, EU and Trade at Taylor Wessing European ESI Expert: Martin Carey, Managing Director, Kroll Ontrack US ESI Expert: David Canfield, Managing Consultant, Kroll Ontrack10.30 Networking Break10.45 Reconciling litigation and regulation requests with data privacy obligations Understanding EU data privacy protection laws and how they affect the eDisclosure of European data in U.S. litigation? Pretrial eDisclosure for cross border litigation: addressing issues surrounding data processing and transfer The evolving data privacy regulatory environment, including in Europe, Asia Pacific and South America Common cross border scenarios and key “dos and don’ts” for maintaining data privacy compliance Sanjay Bhandari, Partner, Forensic Technology and eDisclosure Services, Ernst & Young11.30 What’s on the Horizon? Providing effective leadership in the face of emerging eDiscovery challenges What are the technology, legal and industry trends that will shape the coming year? This session will cover key developments and implications to eDiscovery to help guide you and your business through the next twelve months. Recent legal developments in relation to disclosure and the way that they will shape future thinking Identifying emerging technology developments and the challenges that they bring, including the data archiving and rise of Cloud based applications and storage What is the current thinking around the challenges posed by data privacy and the regulatory and legal frameworks under which global businesses operate? Craig Earnshaw, Managing Director, FTI Consulting12.15 Making the decision to build an In-House eDiscovery process Organisations are trending toward building in-house e-discovery teams and processes. This panel will provide an insight into the thinking process that goes into making the decision to take greater control. Factors to be discussed include: Reducing legal risk when responding to demands for e-mail and electronic documents from regulators, litigation and internal investigations Meeting the particular challenges of the organisation’s size, networks and geographic distribution, Managing the challenges of delivering data across Member State borders and outside the E.U. Reducing costs Patrick Burke, Senior Director and Assistant General Counsel, Guidance Software12.45 Seated Networking Luncheon13.45 Harmonising and simplifying the data protection maze Data protection laws: Where are we now? Developing a harmonised European framework: What can be done at an EU level to ensure consistent implementation of the data protection laws by member states EU Data Protection Directive: What is next? To what extent do data protection laws in Europe need to be compatible with those in China, India, USA and elsewhere in the world? New ePrivacy regulations: what in house legal teams need to know now Damon C. Greer, Director, US- EU & Swiss Safe Harbor Frameworks, US Department of Commerce Christopher Graham, U.K. Information Commissioner (invited) T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  5. 5. tueSdAY, 10th MAY 2011: confeRence dAY 1 Content traCKs Remember you’re free to switch between tracks RECORDS MANAGEMENT INFORMATION MANAGEMENT PRIVACY AND DATA PROTECTION14.45 ESI preparation and preservation: Regulators, lawyers, end users or IT: Approaching an investigation in the absence Assessing – and addressing – your Who is running your company? of harmonised data protection laws eDisclosure liabilities Companies worldwide have been struggling with Handling data collection and assessments Understanding your preservation obligations the issue of information retention, management quickly and defensibly Is there a difference between legal hold in and disclosure for nearly a decade. In 2011, many Conducting an end to end investigation while the US and the UK obligations? of businesses have not yet formulated effective ensuring a defensible process in compliance Establishing a routine process to ensure that records management strategies or eDisclosure with country-specific data privacy requirements you are ready next time, and best practices for processes, let alone implemented them. This Maintaining control over your most sensitive the identification and preservation of ESI presentation will address the following key issues: data with the assurance that a defensible Ronke Ekwensi, VP eDisclosure and Records How can companies formulate effective process is in place and in compliance with Management,Pfizer information governance strategies given data privacy requirements Chris Dale, Director, eDisclosure the plethora of laws, regulations and Collecting, processing, and reviewing data Information Project customs, which exist worldwide? without transferring the electronically stored What governance processes are needed information (ESI) off-site to another jurisdiction to manage multijurisdictional Session will be led by an eDiscovery information demands? technology expert! Check for updates at www. Who in your enterprise should be involved in for further details or making information governance decisions and email for information on how your company can sponsor this session. what skills are needed to effectively manage information for legal and regulatory purposes? Debra Logan, VP, Distinguished Analyst, Gartner15.30 Networking Break15.45 Creating a global records management Best Practice for Driving an Information Global data protection: Critical function that minimises risk and Management and eDiscovery Strategy considerations for international privacy, maximises compliance Today, the fastest growing area of information security, disclosure and discovery Identifying and overcoming the most is unstructured – files, email & SharePoint Whose rules govern during cross-border discovery, common issues with managing cross-border, – used for collaboration. And because it’s data processing and transfer? cross-business lines records used for collaboration and communication, Understanding the rules that apply to data Designing an effective global records information retention and compliance is privacy, retention, preservation and destruction in management programme increasingly the focus of regulators and jurisdictions outside the US - Who owns the policy, process and technology? litigators, driving up eDiscovery requests in an The 2009 Working Party Article 29: Understanding - How to achieve a balanced yet inclusive ever complex international environment. This your disclosure obligations in the US vs. the data implementation? presentation will address: protection requirements of the EU - Is it possible to have one global records Information Management for long-term eDiscovery How to develop the policies and systems required retention framework across 88 countries? Managing data growth for storage cost reduction to ensure compliant safeguards during any Staffing a global records management team Preservation of information for legal compliance cross–border dispute or investigation in the current economic situation Discovering information “in the wild” Managing risk and costs when moving data Session will be led by an eDiscovery Deleting with Confidence across borders technology expert! Check for updates at www. Sharon White, European Product Marketing Ellis Parry, Global Data Privacy Lead, BP for further details or Manager – Archiving & eDiscovery, Symantec Denise E. Backhouse, Associate and Senior Member email for information on how Corporation of the eData Team, Morgan Lewis your company can sponsor this session. George Rudoy, Director of Global Practice Technology and Information Services, Shearman & Sterling16.30 Implementing a successful electronic Managing information governance Designing and implementing data archiving policy and system policies and processes across protection policies Multinational records management: anticipating multiple jurisdictions Auditing and compliance with data protection rules and responding to common data protection Managing disparate repositories: on-site Reconciling litigation and regulatory requests with and employment issues that can arise during or offsite? data privacy obligations an investigation Integrating all records – paper, email Conducting a data protection audit Determining the right records retention period for and electronic – into a scalable enterprise Jane Frances Hill, Senior Commercial Lawyer and your company across multiple jurisdictions wide system Acting Head of Privacy, BT - Co-ordinating the differing laws, regulations, Enforcing records retention policies: what is professions and cultures the most effective approach to enforce, track Practical tips and guidance on recordkeeping best and audit compliance practices and policy creation, implementation and Roger Poole, Head of Records Management, monitoring including: Barclays Capital - Web-based storage technology George Rudoy, Director of Global Practice - Emerging internal repository applications Technology and Information Services, - Business communications via social media Shearman & Sterling Session will be led by an eDiscovery technology expert! Check for updates at www. for further details or email for information on how your company can sponsor this session.17.15 Best practices conclusions from stream sessions17.30 Chairperson’s closing remarks and conference adjourns17.45 Cocktail Reception Hosted by: T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  6. 6. WedneSdAY, 11th MAY 2011: confeRence dAY 207.45 Breakfast Briefing: Sponsor host to be confirmed08.30 Chairman’s Welcome & Day One Recap Tracey Stretton, Legal Consultant, Kroll Ontrack08.45 What lies ahead? Meeting judicial expectations and providing effective leadership in the face of emerging eDisclosure challenges Understanding emerging judicial expectations for eDisclosure in UK, European and American courts and challenges raised by privacy and data protection rules What role can be played by courts and lawyers to manage eDisclosure costs? Identifying and responding to the most common challenges of cross-border eDisclosure The Honorable Andrew J Peck, US Magistrate Judge, District of New York Master Steven Whitaker, Senior Master of the Senior Courts in the Queens Bench Division, The Royal Courts of Justice His Honour Simon Brown, QC, Specialist Mercantile Judge, Birmingham Civil Justice Centre The Honorable John M Facciola, US Magistrate Judge, District of Columbia The Honorable Paul W. Grimm, Chief US Magistrate Judge, District of Maryland Panel Moderated by Patrick Burke, Senior Director & Assistant General Counsel, Guidance Software09.45 The defensible use of intelligent review technology This session will explore the evolution of document review technology in disclosure and emerging Intelligent Review Technologies like prioritisation technology and predictive coding. The focus will be on the use of these new innovative technologies to support efficient but defensible review practices. Topics covered will include: How these new technologies work and automate the human-review process The impact on cost and quality Techniques for the defensible use of innovative technologies Dealing with objections from the other side What the judiciary’s view is likely to be Daniel Kavan, Electronic Evidence Consultant, Kroll Ontrack Moderator: Andrew Szczech, Manager ED Consultancy, Kroll Ontrack10.30 Don’t Bring a Knife to a (Regulatory) Gun Fight Regulators the world over have become far more active in their endless pursuit of fraud, corruption and other ill-gotten gains. In defending themselves against such investigations, global enterprises have traditionally enjoyed the technological upper-hand, with sophisticated tools at the ready. But what happens when the regulators themselves have the most powerful technology available? In this session, we will explore the advanced technologies and techniques already in use by regulators the world over – from conceptual search to Predictive Coding™ – and help regulated entities better prepare for the day regulators come knocking on the door. Craig Carpenter, VP and General Counsel, Recommind11.00 Morning Refreshment and Networking Break11.15 Overcoming the challenges of planning for and deploying an eDiscovery infrastructure Developing a systematic, efficient and repeatable eDiscovery process: - defining the framework for the initial business process review, re-design and deployment - developing the metrics, systems and processes necessary to reduce costs and improve efficiencies. Identifying what eDiscovery tools (and spend) will meet your legal and infrastructure demands Establishing and budgeting for a cross-charging eDiscovery function Creating an RFP to interview and short-list vendors Developing a standardised pricing model and performance metrics against which to measure vendors Simon Whitburn, International Sales Director, AccessData11.45 Streamlining the identification and collection of electronically stored information Whether you are responding to litigation, regulatory inquiries, or internal investigations, organisations of all sizes struggle to collect electronically stored information (ESI) cost-effectively and on time. This session will focus on how to streamline the collection process and enable legal or IT to collect from all critical data sources with minimal administrative overhead. Since identification and collection is often the first step in the eDisclosure workflow, reducing the delays, mistakes, and inefficiency inherent to collecting data can yield substantial improvements to the entire eDisclosure process. What attendees will learn: How to rapidly and cost effectively identify relevant evidence across the numerous places custodians store data The benefits of gaining control over collection to reduce risk and accelerate downstream steps including case assessments Methods for targeting collection to reduce the volume and cost of irrelevant material to be processed and reviewed Laurence Pender, UK Manager, Clearwell Systems12.30 Improving legal review: What legal departments need to know now Now more than ever, corporate legal departments are under pressure to better control document review and electronic discovery. This session will cover key developments and trends from a US and European perspective and examine how the use of predictive coding technology and statistical sampling can improve the quality and reduce the costs associated to document review. Overview of industry trends in the US and Europe Streamlining document review: the latest methodologies and techniques Understanding the collaboration of counsel into the process How to create a defensible process Manfred Gabriel, Managing Director, FTI Consulting13.15 Networking Luncheon T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  7. 7. WedneSdAY, 11th MAY 2011: confeRence dAY 2 Content traCKs Remember you’re free to switch between tracks14.15 Technology Demos for Corporate Counsel attendees only: Continue your networking or attend one of the technology demonstration rooms to bring yourself TECH TECH TECH up to speed with the latest solutions for information DEMO A DEMO B DEMO C retention and eDisclosure Management Special session for Private Internal and Regulatory eDisclosure Planning and Building a successful Practice Lawyers: The New Investigations Management eDisclosure team Practice Direction One Stream Chair: FTI Consulting Stream Chair: Access Data eDisclosure six months on15.15 How to use legal process Developing an investigation eDisclosure: Achieving litigation In this session for private practice outsourcing to achieve response strategy that balances readiness while cutting costs lawyers in the UK hosted by Kroll greater value the cost of compliance with the and improving outcomes Ontrack, judges, lawyers and technical Legal process outsourcing and risk of exposure How eDisclosure capabilities can experts will discuss the impact of offshoring: Changing the way legal Developing a successful response make your company more the new Practice Direction 31B on the services are delivered strategy: what are your companies “litigation-ready” disclosure of electronic documents Captive sourcing vs. 3rd party rights and responsibilities? Making the link between information introduced in October 2010. Drawing outsourcing Understanding EU privacy laws and governance and information on the results of a pre-event survey Offshore vs. onshore sourcing EU and US anti-bribery/anti preparedness and practical experiences and case models, which offer the best values? corruption laws Developing best practices for records law, they will comment on how the new Outsourcing: Managing suppliers Knowing when information management and working hand-in rules are being applied in practice. successfully in the new becomes evidence hand with litigation Attendees will be provided with a operating model Please visit www. Managing eDisclosure costs in an era rare opportunity to ask questions Session will be led by an for of heightened regulation of the Judges and to take part in an eDiscovery technology expert! updates on this session. Matthew Heiman, Chief Litigation interactive discussion on: Check for updates at www. Counsel, EMEA, Tyco International Ensuring compliance with the new rules for further details or email How the new rules and the Electronic for information Documents Questionnaire are being on how your company can sponsor this session. used in practice Reaching agreement with the other side on the best approach Techniques and technology for reducing the burden and cost of16.00 Networking Break eDisclosure Challenges being experienced16.15 Getting c-level buy in: How Planning, preservation, and Avoiding negligent practices in in practice and how these can be law departments are driving collection: Developing an eDisclosure addressed proactive corporate change airtight eDisclosure strategy to Recent case law exposes the fact that Emerging best practices Enhancing your legal department’s ensure you’re ready when the many eDisclosure defects fall squarely Future challenges and eDisclosure management regulators come knocking under the heading “negligence” – not creative solutions performance by gaining greater Knowing when information just carelessness, not merely choosing Mark Surguy, Partner, Eversheds visibility into key areas of your business becomes evidence the least efficient way of doing things, Robert Jones, Legal Consultant, Kroll Gaining visibility into enterprise Understanding the rules that apply not just incurring unnecessary costs, Ontrack risk: implementing inter-disciplinary to data privacy, retention, but negligence. How can litigants use Moderator: Tracey Stretton, workflow and tracking structures preservation and destruction in the lessons of an Earles v Barclays Legal Consultant, Kroll Ontrack Reducing discovery expenses: how to various jurisdictions Bank or Goodale v The Ministry of lower the cost of review Do’s and don’ts when collecting, Justice to avoid being negligent when Session will be led by an gathering and using data performing eDisclosure? Further, eDiscovery technology expert! Please visit how can technology and airtight Check for updates at infrastructure help parties grappling for updates on this session. with ESI collection and review from for further details or email for information even starting down the road toward on how your company can sponsor misconduct? This session aims to this session. educate attendees on how to avoid the mistakes that lead to negligence and how to deploy an eDisclosure process that includes the crucial components of strong technology, best practices, and cooperation behind and beyond the firewall. Caitlin Murphy, Esq., Senior Product Marketing Manager, AccessData Chris Dale, Director, eDisclosure Information Project T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  8. 8. WedneSdAY, 11th MAY 2011: confeRence dAY 2 Content traCKs Remember you’re free to switch between tracks17.00 Managing eDiscovery as a Responding to multiple Making eDisclosure work business process: Assessing, regulatory investigations operationally and financially: planning and implementing an simultaneously EDisclosure as a repeatable in-house eDiscovery team The regulatory landscape for multi- business process Bringing eDiscovery in-house: national businesses is more complex Understanding the e-eDisclosure assessing the benefits of an than ever before, with regulatory process in the context of legal in-house team bodies working in conjunction with compliance and the current matter Redesigning the eDiscovery resource each other to launch investigations Making eDisclosure work model to maximize efficiency, covering multiple jurisdictions, the operationally and financially: the maintain control and minimize risk growing application of extra territorial critical steps in the process & expense laws and the requirement to disclose Holding eDisclosure to standards of Determining the ‘org chart’ for this data from a corporation’s enterprise accountability and cost-efficiency like interdepartmental team database systems. This session will any critical business process Todd Ptak, Senior Legal Counsel, cover some of the challenges that are Please visit Litigation & Regulatory Affairs, Airbus faced by the organisations that are required to undertake and respond to for updates on this session. these investigations, including: Integrating the collection, review and production of documents from structured and unstructured data systems within the corporation Managing the challenges posed by simultaneous investigations in multiple geographies Developing processes and strategic approaches to conduct highly efficient investigations that provide a high level of certainty over the outcome Handling geographic challenges such as data privacy and other industry related protections Andrew Kennell, Managing Director, FTI Consulting17.45 Chairman’s executive summary and closing remarks18.15 Mock Court Assessment For the third year running, the conference will close with a short and light-hearted play. This Mock Court Assessment is inspired by eDisclosure events of the preceding 12 months and its cast is drawn from US and UK judges, whose asides last year included “How did my agent let me in for this?” What better way to be informed of the latest developments than to see judges and others in an informal setting expressing what they expect from lawyers with this lighthearted but heavy-hitting conclusion to the Summit. thuRSdAY, 12th MAY 2011: PoSt confeRence WoRKShoPS 09.00 – 12.00 CHOOSE G OR HWorkshop G Workshop HConducting an Internal Investigation: Developing and implementing Improving document collection and review: Improving the defensibility ofsuccessful response strategies your eDisclosure processes Knowing the triggers for an internal investigation: where to start Getting back to basics: Building a better eDisclosure strategy from the ground up Collecting, hosting, reviewing and producing data in international investigations EDisclosure in litigation: Knowing your obligations and optimising the eDisclosure Approaching an investigation in the absence of harmonised data protection laws and disclosure process Developing your investigation plan: Defusing risk, reducing cost and gaining control - Determining the scope of the investigation Improving the efficiency and accuracy of global eDisclosure search, review - Setting up an internal team and production - Overcoming critical conflicts of interest Managing the logistics of global eDisclosure - Evidence preservation and collection How to develop the policies and systems required to ensure compliant safeguards - Controlling costs and managing expenses: budgetary considerations during any cross–border dispute or investigation - Conducting effective interviews Session will be led by an eDiscovery technology expert! Check for updates - Avoiding negligence at for further details or email enquire@ - Voluntary self disclosures: when to disclose and what to disclose for information on how your company can sponsor this session.Session will be led by an eDiscovery technology expert! Check for updatesat for further details or email for information on how your company can sponsor this session. T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
  9. 9. LEAD SPONSOR Kroll Ontrack provides electronic and paper-based disclosure, ESI consulting, computer forensics and courtroom service solutions to help compa- nies, law firms and government agencies quickly and cost-effectively review, manage and produce relevant evidence. With European headquarters in London and over 30 offices in 24 countries, Kroll Ontrack has the experience, resources and global reach to handle any matter, large or small. Website: ASSOCIATE SPONSORS FTI Technology provides software, services and consulting that empower corporations and their law firms to secure the best possible results for legal or regulatory matterswithout disrupting their core business. Our comprehensive portfolio of software and services, and expertise give you unprecedented flexibility to prepare for and address key legal challenges worldwide Website: Recommind is the leader in sophisticated search, categorisation and eDisclosure software, providing the most accurate and automated information management tools available to the legal industry. Recommind helps enterprises explore, preserve and collect electronically stored information (ESI) to prepare for and comply with litigation, regulatory oversight and investigations of every kind. Alone in the industry, Recommind allows enterprises to collect and hold only the data necessary for any given proceeding in a highly accurate and defensible manner, dramatically improving the speed and accuracy of the eDisclosure process while drastically reducing the cost. Website: www.recommind.comASSOCIATE SPONSORS AccessData has pioneered digital investigations for more than twenty years. Recognised throughout the world as an industry leader, AccessData provides an in-house eDiscovery solution that walks users through every phase of the process. AccessData eDiscovery allows users to identify, collect, forensically preserve, process, deduplicate and produce electronically stored data for the purposes of e-disclosure. Additionally, AccessData eDiscovery enables large-scale auditing of the enterprise to detect data leakage and files that are no longer in compliance with an organisation’s retention policies. This automated, court-validated solution empowers organis ations of all sizes to ensure regulatory compliance and to protect personal and confidential data. However, despite this expansive functionality, AccessData eDiscovery is by far the easiest to use when compared to other in-house eDiscovery solutions. Website: Clearwell Systems is transforming the way enterprises perform e-disclosure in response to litigation, regulatory enquiries, and corporate investigations. By automat- ing the processing, analysis, review and production of electronic information Clearwell enables , enterprises to accelerate early case assessments, effectively cull-down data, increase reviewer productivity, and ensure the defensibility of the entire e-disclosure process. Clearwell was rated as a “Strong Positive” (highest possible rating given) in Gartner’s 2008 E-Discovery MarketScope Report. For more information, visit Clearwell Systems at or subscribe to the E-Discovery 2.0 blog at: Epiq Systems (NASDAQ: EPIQ) is a leading provider of integrated technology products and services for the legal profession. Our software applications and Web-based platforms offer case management and document management solutions for electronic disclosure and major review exercises.We help corporations and their counsel overcome today’s eDisclosure challenges and we proactively prepare them for unknown future disclosure requirements. Our flexible technology fits any case and our deep subject-matter expertise enables you to deal with changing requirements. • 48 of the Global 50 Law Firms choose Epiq. • 1000+ client relationships supported from 11 locations. • 90+ percent rate of repeat eDisclosure business. Website: Ernst & Young is a global leader in assurance, tax, transaction and advisory services. Our more than 1,000 fraud investigation and dispute professionals around the world bring the analytical and technical skills needed to quickly and effectively conduct financial investigations, quantify economic damages, and gather and analyse electronic evidence. Our global network of over 200 forensic technology professionals and our strategically located data centres provide flexible and innovative solu- tions focused on our clients needs. Together with comprehensive project management, advisory services and in-depth forensic investigative and technical experience, we are focused on finding the right tool for the right job. And because we understand that, to achieve your potential, you need a tailored service as much as consistent methodologies, we work to give you the benefit of our broad sector experience, our deep subject matter knowledge and the latest insights from our work worldwide. It’s how Ernst & Young makes a difference. Website: Guidance Software was founded with a clear purpose: to develop solutions that search, identify, recover and deliver digital information in a forensically sound and costeffective manner. Since our founding in 1997 we have moved into network-enabled investigations, enterprise-wide integration with other security technologies, and now, have powerful search and collection capabilities for eDiscovery and other investigations. Yet we haven’t strayed from our core competency and continue to be widely recognised for quality and value. Website: Symantec is committed to addressing today’s information management challenges of data proliferation, data privacy, information retention, compliance and disclosure. Symantec Enterprise Vault™ (EV) provides a software-based Intelligent Archiving platform to store, manage, and discover corporate data from email systems, file server environments, instant message platforms, and content management and collaboration systems. With the newly released Discovery Collector product Symantec can also help organisations search and collect content “in the wild” that has not yet been archived or exists on individual laptops, desktops or across the network. Managing the data life cycle, EV utilises intelligent classification and retention technologies to capture, categorise, index, and store target data to enable storage cost reduction and enforce policies and protect corporate assets. In addition to better storage utilisation, Enterprise Vault makes archived content easily searchable for fast and accurate retrieval when required for end-users, internal investigations or disclosure requirements. Specialised applications such as Discovery Accelerator and Compliance Accelerator mine data in support of legal discovery, content compliance, knowledge management, and information security initiatives. Supporting the industry standard Electronic Discovery Reference Model (EDRM) Symantec Enterprise Vault delivers information management through search, content collection, preservation, analysis and review. Symantec Enterprise Vault enables organisations to archive more, backup less and search and delete with confidence. For more information visit EXHIBITOR TRILANTIC is a leading European-based legal support services company offering traditional and electronic document management services for all stages of any matter. Services encompass all aspects of electronic discovery and include data collection, electronic document processing, scanning and coding, review, printing, courtroom presentation, online deal and data-room services, and technical support. TRILANTIC specialises in overcoming the challenges of the EU data privacy rules and frequently sends teams to process documents at our client’s offices within the EU. TRILANTIC does not believe that any one single solution meets the needs of all our clients. Instead, we believe that each project requires specific processing require- ments, different end-user software and comprehensive project management to obtain the most cost effective process. We therefore provide solutions which are both tried and tested amongst a large user base and, in our experience, offer the best to both the client and the legal team. For more information, visit or e-mail TRILANTIC at Since 1983, ZyLAB has been partnering with legal professionals to develop the award winning technologies that drive our comprehensive e-discovery solution, ZyLAB eDiscovery & Production System. This solution provides: • Robust tools for capturing, finding, analyzing, structuring and distributing data • Capabilities to perform large, time-critical investigations with less resources • A framework for efficient and consistent review processes • A realistic, nuanced approach to finding all applicable data • A platform for controlled information sharing • Full support for data protection and privacy regulations; optional redaction capabilities • Open, secure, long-term XML-based records archiving • Extensive auditing and reporting options ZyLAB can show you how to: • Integrate phases of the E-Discovery Reference Model into you internal processes. • Operate in the most efficient and cost-effective way with external counsel • Know the difference between Legal Search and Web Search With over 9,000 installations worldwide, customers include Deloitte, PwC and KPMG Forensic, Ernst & Young, UN War Tribunals, Sara Lee, Virgin Management, Accounting Depts. and In-house Counsels. Gartner rates ZyLAB as a “Strong Positive” in the e-Discovery sector, positioning it in the “Leader” category in the Magic Quadrant for Information Access Technology, 2007, 2008 & 2009. Tel: 01276 850970 & exhibition opportunitiesLegal IQ’s Information Retention & E-Disclosure Management Summit will be attended by senior level decision makers, including in-house counsel representativesfrom a number of highly regulated sectors such as Pharmaceutical, Oil and Gas and Finance. Focused and high-level, the event will be an excellent platform to initiatenew business relationships, and withtailored networking opportunities sponsors can spend dedicated time with prospective clients and partners.For sponsorship and exhibition opportunities please call richard Powell: +44 (0)207 368 9500 or email: T: +44 (0) 207 368 9300 F: +44 (0) 207 368 9301 E:
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