eDiscovery in 2012: Social Networking, Cloud Computing, Cross Border Issues, Disclosure & Litigation
eDiscovery is a rapidly evolving topic which remains critically important to attorneys and companies. Gone are the days of simple mining emails for information during the discovery process. Data has gone viral and it has crossed borders. Companies are communicating internally and externally via a myriad of social networks/data services and the data is getting picked up automatically by all sorts of data mining robots and sent to all corners of the globe. Firms are migrating significant portions of their IT network and databases in the cloud. What was once a simply process has now become infinitely more complicated. Clearly a new eDiscovery strategy is needed to prevail in this challenging environment.
The Knowledge Group has assembled a panel of key experts to help you make sense of the latest critical issues with respect to eDiscovery. The speakers will also discuss in a two-hour Live Webcast how today’s eDiscovery attorneys should treat technology in terms of the following:
- Social Media
- Cloud Computing
- Cross Border
2. Cloud computing: When is cloud computing a good idea? When is it not such a good idea? What, if any, provisions should an enterprise seek to have included in the SLA with the provider? -- how does the company retrieve metadata or logs; how does it collect records and information held in the cloud? What are the privacy implications for data held in the cloud? What happens if the service provides either goes bankrupt or is acquired by another provider? How does the service provider manage records disposition and transfers of information at the end of the contract period? When does it matter where the data stored?
3. Cross-border: what are the e-discovery implications of having information stored in servers located outside the US? What are the privacy implications for data stored outside the US? How receptive are courts and federal agencies to claims that information cannot be produced because the laws of another jurisdiction forbid its transfer into the US? How should parties deal with such issues?SEGMENT 2: Michele C.S. Lange, Esq., Director, Thought Leadership, Kroll Ontrack
By now, most corporations and their law firms intimately understand the complexities and realities of e-discovery, and many organizations are reexamining their processes and tools to gain efficiencies and reduce costs. In fact, studies indicate that more than 80 percent of corporations and law firms are working to insource some aspect of e-discovery activities in an effort to save money. Can your organization better manage costs and increase control over discovery by bringing e-discovery tools in-house or in-firm? Which components of the EDRM are best insourced or outsourced? How can you leverage the cloud? With more options than ever before available in the market, I will address the following topics:
- Choosing a DIY tool v. an outsourced solution
- Deploying on-premise software v. cloud-based SaaS platforms
- Maintaining flexibility when moving from DIY to a service provider should project parameters change
- Cloud Computing / Social Media
- ldquo;Clearing the Fog”: What does it actually mean to be in “The Cloud”? Isn’t that just a fancy name for using someone else’s datacenter?
- My service providers “host” data for web review – Am I already in the cloud?
- So the custodians data is in “The Cloud”, “Great, now what do I do.” Practical collection/investigation strategies for web based data sources.
- International Discovery – From a technology perspective…
- Go get it and bring it back vs. setup shop and do it in-country.
- WHO exactly controls the potentially-relevant “social networking” data?
- Sub-points to be added
- WHAT exactly is the existing data format(s) of the/your potentially-relevant “social networking” data and is this format of use for interrogation, review, and disclosure?
- Sub-points to be added
- WHERE exactly is the potentially-relevant “social networking” data?
- Sub-points to be added
- HOW may the potentially-relevant “social networking” data be accessed and utilized?
- Paradigm shift in collection philosophy
- Impact of “live” system(s)
- Collection Personnel Profile
1) Examples of the new types of social media, specific to those of interest to corporations (corporations using social media, not those selling social media products an services)
2) Techinal Issues around social media in the context of compliance and records management
3) Technical issues around social media and eDiscovery.
Who Should Attend:- Litigation Practicing Lawyers - Attorneys - General Counsel - Private Companies - Public Companies - C-Level - Legal Officers - In-house Lawyers - Senior Management - Chief Information Officers - Computer Forensic Specialists - E-discovery Lawyers - Privacy & Data Management Officers - Records & Information Directors/Managers - Litigation Officers - Litigation Support Specialists - Compliance, Risk and IT Managers
David C. Shonka is the Principal Deputy General Counsel of the Federal Trade Commission. He oversees the work of the …
Michele C.S. Lange serves as a director for the Discovery product line for Kroll Ontrack. In this role, Ms. Lange …
Adam’s broad expertise in electronic discovery and litigation support includes electronic evidence recovery, database design, and the application of technology …
Simon Bayangos is Nuix’s Director of Technical Services, overseeing the company’s technical support department, where he has been influential in …
Mr. Glynn is a Senior Manager in Ernst & Young LLP’s Fraud Investigation & Dispute Services practice. He is a …
Mr. Matus is the national leader of Pillsbury’s Information Law and Electronic Discovery practice. His practice focuses on commercial litigation, …
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About Kroll Ontrack
Kroll Ontrack provides technology-driven services and software to help legal, corporate and government entities as well as consumers manage, recover, search, analyze, produce and present data efficiently and cost-effectively. In addition to its award-winning suite of software, Kroll Ontrack provides data recovery, data destruction, paper and electronic discovery, document review, computer forensics, and ESI Consulting. Kroll Ontrack is the technology services division of Kroll Inc ., the global risk consulting company. Kroll is a subsidiary ofAltegrity , an industry-leading provider of information solutions. For more information about Kroll Ontrack and its offerings please visit:www.krollontrack.com.
About First Advantage Litigation Consulting
First Advantage Litigation Consulting provides computer forensics, eDiscovery and managed review services, specializing in multi-language, multi-jurisdictional projects. Their experts work with legal counsel to review discovery requests, identify the unique elements of your case, analyze the data sources and map out a plan to collect, process, search, review, and produce. They have developed custom solutions for thousands of global investigations, regulatory inquiries and complex litigation matters and can collect, analyze and process data in virtually any format and language. Through their network of facilities in Europe, Asia, and North America, they support their clients 24 hours a day, 7 days a week, 365 days a year, wherever they do business. For more details about their full range of services, please visit www.FADVlit.com.
Nuix makes the world's fastest and most advanced eDiscovery and electronic investigation software. With revolutionary processing speeds and scalability, Nuix enables litigation support vendors, law firms and corporations to take control of their eDiscovery process, slashing the time and cost and delivering fact-based answers to clients in record time. Nuix has customers in 25 countries including major law firms, corporations, financial institutions, advisory firms, litigation support firms as well as all of the world's leading corporate regulators including the SEC (US), ASIC (Australia), the FSA and SFO (UK) and the JSEC (Japan). See nuix.com for more information.
About Ernst & Young LLPDealing with complex issues of fraud, regulatory compliance and business disputes can detract from efforts to achieve your company
About PillsburyPillsbury is a full-service law firm with market-leading strengths in the energy, financial services, real estate and technology sectors. With offices in the world's major financial and technology centers, we counsel clients on all aspects of global transactions and litigation. The firm's Privacy, Data Security & Information Use team is recognized by Chambers Global as one of the world's foremost privacy and information law practices. Our lawyers work with companies of all sizes to address privacy requirements, needs and issues in a way that balances thorough compliance with operational flexibility.