E-discovery Fall Update
E-Discovery continues to be an item of interest on the
radar of most Corporate Counsel. The Knowledge Congress has scheduled an update for October of 2007 to its successful February E-Discovery Teleconference:
A Senior Legal Briefing event. On the agenda, will be up-to-the-minute changes and real-world examples of the ups and downs of E-Discovery issues.
Electronic Discovery and Data Issues Related to Cross-Border Investigations
o Business Drivers
o Regulatory Environment
o Technology Challenges
o Forensic Requirements
How enterprise content management tools such as email archiving, enterprise search and backup systems, fit into the Electronic Discovery picture
o What are their uses and limitations?
o Where is the ECM technology heading in terms of
facilitating Electronic Discovery?
Measuring Program Effectiveness- Pragmatic Metrics Demonstrating Diligence to the Auditors/Regulators/and the Courts
Electronic Discovery and Inaccessibility
o What have the courts done in applying the new
inaccessibility provision of Rule 26(b)(2)(B)?
o Does the inaccessibility “protection” really provide
protection under the new cases?
o What must one do to be protected by the inaccessibility
o How much burden and cost must a party suffer in order
to identify the sources of electronically stored
information as not reasonably accessible?
o What impact does notice of foreseeable litigation have
upon the duties in the inaccessibility provision?
o What showing of good cause will justify an order to
produce inaccessible information?
o Does the inaccessibility provision impact the preservation
duty, and, if so, how?
Independent E-Discovery Collections Critical in Governmental Investigations
International Cases and Investigations Pose Unique Challenges
o Foreign language emails makes review difficult
o International offices not always governed by same IT
rules as offices in US
o Foreign privacy laws impediment to collection, review and
o DOJ Antitrust "IT Call"
o Identifying custodians
o Identifying all electronic media in large companies
o Self-collection by company IT staff
o Faulty collections that yield unusable data
o Auto-date functions
Who Should Attend:
In-house Counsel, General Counsels, E-discovery Attorneys, Records & Information Director/Manager, IT Manager, Risk Management Professionals, Litigation Officer, Computer Forensic professionals
Head of Citigroup’s Global Records Management Program and a member of their IS Policy and Standards Group. His career focus is IT Governance where he works with the business, operations, and regulators to bring a standards-based perspective to the development and implementation of Corporate policies and standards.
Prior to joining Citigroup, first at Accenture and later at Deloitte & Touche, Richard’s time was dedicated to the development and delivery of senior management workshops on the business value of standards based Governance Frameworks.
“Taken together these standards are the blueprint for developing minimally intrusive, highly effective, and straightforward compliance programs for virtually any legal/ regulatory requirements."
Head of Citigroup’s Global Records Management Program and a member of their IS Policy and Standards Group. His career focus …
Chris Paskach is the National Partner-In-Charge of the Forensic Technology Services practice for KPMG LLP. He coordinates the services and technologies offered by KPMG’s Evidence and Discovery Management team from KPMG’s Cypress Technology Center (CTEC). Chris is also the Global coordinating partner for Forensic Technology Services.
Mr. Paskach regularly consults with attorneys on electronic discovery and discovery management issues related to litigation, commercial disputes and business claims. He has extensive experience in information planning and systems design to support the dispute resolution process. He has more than 30 years of experience assisting companies in a wide range of industries, including financial services, consumer products, telecommunications, manufacturing and distribution. His experience includes expert testimony and depositions in federal and state courts.
Education & Professional Affiliations; Bachelor of Science, Industrial Administration with emphasis in accounting Iowa State University; Licensed Certified Public Accountant; Member of the American Institute of Certified Public Accountants; Member of the California Society of Certified Public Accountants
Chris Paskach is the National Partner-In-Charge of the Forensic Technology Services practice for KPMG LLP. He coordinates the services and …
Co-Chair of Greenberg Traurig's national e-Discovery & e-Retention Practice Group; consults throughout the country on electronic discovery and electronic document retention.
Has extensive experience in large commercial litigation, both as lead trial counsel and as electronic discovery counsel
Has handled cases with a combined total of more than $5 billion at stake. David has published numerous articles on electronic discovery and depositions, including recently, "Electronic Discovery Primer for Judges," https://fclr.org/2005fedctslrev1.htm, and has presented at seminars on electronic discovery, electronic document retention, information security, and ethics throughout the United States.
Co-Chair of Greenberg Traurig's national e-Discovery & e-Retention Practice Group; consults throughout the country on electronic discovery and electronic document …
Adam I. Cohen is a senior managing director in the New York office of FTI’s Technology Consulting practice. Mr. Cohen is a nationally recognized expert in electronic discovery and electronic information management policy issues, who advises on planning and implementation issues associated with every phase of electronic discovery in litigations and investigations as well as electronic information management policies and practices, including, for example, proactive litigation readiness and regulatory compliance, complying with electronic preservation obligations and avoiding spoliation sanctions, crafting and responding to discovery requests targeting electronic information, and cost containment strategies.
Prior to joining FTI, Mr. Cohen was a litigation partner at Weil, Gotshal & Manges, LLP, where he represented major corporate clients in complex litigation involving computer and Internet-related issues. He is co-author (with Weil partner David J. Lender) of the treatise Electronic Discovery: Law and Practice (Aspen Publishers), which already has been cited as authority in several landmark electronic discovery opinions by Federal Courts.
Mr. Cohen is co-chair of the Electronic Discovery committee of the New York State Bar Association’s Federal and Commercial Litigation Section, a member of the Advisory Board of the Georgetown Law Center E-Discovery Institute, and a member of the board of Volunteer Lawyers for the Arts. He is admitted to practice in the courts of the State of New York, as well as the United States District Courts for the Southern and Eastern Districts of New York. He holds a B.A. from Wesleyan University and a J.D. from Duke University School of Law.
Adam I. Cohen is a senior managing director in the New York office of FTI’s Technology Consulting practice. Mr. Cohen …
Kirby Behre is a former federal prosecutor and trial lawyer who has practiced criminal, civil and government contract law for the past 21 years. As a member of Paul Hastings’ White Collar, Internal Investigations and Corporate Governance Group, Mr. Behre has represented and defended corporations and individuals in civil and criminal investigations of alleged business crimes and civil fraud, including securities fraud, Foreign Corrupt Practices Act violations, antitrust violations and government contract fraud. Mr. Behre co-chairs the firm's E-Discovery Group, and has a particular expertise concerning e-discovery as it relates to government investigations. Mr. Behre was recently recognized as a Washington, D.C. Super Lawyer by Law & Politics publication.
Prior to his appointment as an Assistant United States Attorney in 1989, Mr. Behre practiced government contract and commercial contract law with the Washington, D.C. law firms of Hogan & Hartson and Pettit & Martin. He has litigated government contract cases before the General Services Board of Contract Appeals, the Armed Services Board of Contract Appeals and the General Accounting Office.
Mr. Behre is General Counsel to Big Brothers/Big Sisters of the National Capital Area, an organization he has been involved in for more than 15 years. Mr. Behre is an active participant in the Sedona Conference, a leader in e-discovery issues and education.
Mr. Behre received his J.D. degree, cum laude, from the Georgetown University Law Center in 1985 and his B.A. degree from George Washington University, with Special Honors and Distinction, Phi Beta Kappa, in 1982. He is a member of the District of Columbia and Maryland bars.
Kirby Behre is a former federal prosecutor and trial lawyer who has practiced criminal, civil and government contract law for …
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