E-Disclosure 2009 programme

Day 1 – Monday 8th June 2009

9:00 Registration and Refreshments

 

9:30 Chairman’s Opening Remarks
Chair: Lee Gluyas, Partner, DLA Piper UK LLP

9:45 KEYNOTE PRESENTATION
THE EMPTY BEAR GARDEN
Lawyers, including judges, will lose their role to others if they do not change what they offer. Other professionals, other jurisdictions and the clients themselves are challenging the old ways of resolving commercial disputes. Common law discovery remains the best way to find the facts but lawyers must adapt their methods to a world in which volumes must go up as surely as costs must come down. Chris Dale of the e-Disclosure Information Project sets the scene for the programme to follow.
Chris Dale, Consultant, E-Disclosure Information Project

10:30 WHAT THE COURT EXPECTS
• Part 31
• The Practice Direction
• Recent cases
• A new Practice Direction
Richard Harrison, Partner, Laytons

 

11:15 Morning Coffee Break

 

11:45 THE VIEW OF THE CASE MANAGEMENT JUDGE
Master Whitaker will speak about the court’s expectations of parties and about developments in other jurisdictions who grapple with the same issues. The obligation to discuss sources of electronic documents existed before Digicel and a Technology Questionnaire and Practice Direction are in hand under Master Whitaker’s direction. This session will complement the practitioner’s view delivered earlier by Richard Harrison.
Master Whitaker, Senior Master of the Queen’s Bench Division, Royal Courts of Justice

 

12.00 PRESERVING DATA FOR E-DISCLOSURE: BEST PRACTICES IN FORENSIC INVESTIGATION
• Emerging issues in digital forensics
• The difference between forensics and e-disclosure
• Data privacy and its impact on data collection
• Communicating requirements and ensuring adherence to protocols
• Preparing electronic evidence for digital investigations
• Considerations for continuing obligation
Robert Brown, Senior Director, Litigation Consulting Services, First Advantage

 

12.30 PANEL DISCUSSION

A practical view of the elements that surround the civil procedure rules
• What is considered a reasonable search?
• What is reasonable in the context of electronic disclosure versus paper disclosure?
• How has it changed over time?
• What can technology do to make the process less expensive?

Greg Wildisen, International Managing Director, eDiscovery Solutions, Epiq Systems
Master Whitaker, Senior Master of the Queen’s Bench Division, Royal Courts of Justice
Vince Neicho, Litigation Support Specialist, Allen & Overy LLP

 

13:15 Networking Lunch Break

14:15 ADDING VALUE TO YOUR CASE WITH LITIGATION SUPPORT MANAGEMENT
• The effect of changing trends on the role of the litigation support management
• Deciding on what to outsource and what to bring in-house
• Selecting litigation support service providers and;
• Establishing service-level commitments
Vince Neicho, Litigation Support Specialist, Allen & Overy LLP

 

15:00 FEATURED PRESENTATION
THE FIRST REVIEW OF LORD JUSTICE JACKSON’S LITIGATION COST WORKING PAPER
• Investigating the different levels of litigation, from low-value to mega-cases
• Considering the costs incurred in all specialist courts
• Discussing limitations pointed out by leading litigators
Lord Justice Jackson, Royal Courts of Justice

15:45 Afternoon Coffee Break

16:05 ANALYSING THE EUROPEAN COMMISSION ADVISORY REVIEW ON THE IMPACT OF DATA PROTECTION AND PRIVACY LAWS
• Reviewing the advisory note of the Article 29 Working Party
• Bringing data protection laws, privacy laws and how they affect data when undergoing e-disclosure process to the forefront
• Why is the outcome of this review important for your law firm?
Ashley Winton, Partner, White & Case

16.50 WORKING IN PARTNERSHIP – IS WHAT YOU RECEIVE WHAT YOU EXPECT?
• When the Record is both Written and Electronic – Will there be a problem?
• Coding may not show the diagnoses expected? Examples of Case Studies
• What information do you want and will it be what you get?
• Will local expertise in Electronic Systems match expectations?
Margaret Bennett, Medical Records Manager, Imperial College Healthcare NHS Trust

 

17:35 Chairman’s Closing Remarks

 

17.45 End of Day One

 

Day 2 – Tuesday, 9th June

9:00 Refreshments

 

9:30 Chairman’s Opening Remarks
Chair: Chris Dale, Consultant, E-Disclosure Information Project

 

09:45 Mitigating the risk of failure to comply with solid records management in e-disclosure
• Reviewing the compliance for storage of electronic documents
• Which IT aspects and systems need to be compliant?
• Which standards must be adhered to in records management?
• What are the challenges in these projects?
Daniel Burgwinkel, Project Manager Private Banking Operations,
Credit Suisse Group AG

10:30 E-evidences seizing and their archiving
• Crime activity areas in cyberspace
• New areas of attacks and related consequences
• Problems of e-evidences seizing guidelines
• E-evidences after trial
• Repeatability of e-evidences several years later
• E-evidence archiving – not only data but devices, too
Zdenek Blazek, Assistant Vice President, CSO, IT Production
Manager, Commerzbank AG

11:15 Morning coffee break

11:45 How to manage e-disclosure in an international dispute
• Planning the e-disclosure exercise
• Pitfalls to avoid
• Culture and language issues
• Managing costs
Stuart Paterson, Partner, Herbert Smith LLP

12:30 Disclosure and the reasonable man
The rules, the case law and proportionality drive solicitors towards
broad decisions aimed at reducing the volumes which are disclosed, often with the use of technology. Many solicitors and their clients are concerned at the potential for something vital to be overlooked. What does the reasonable man do when confronted by hundreds of thousands of documents? Mark Surguy looks at the implications as between solicitor and client.
Mark Surguy, Senior Associate, Pinsent Masons LLP

13:15 Networking lunch break

14:15 Analysing the European Commission advisory review on the
impact of data protection and privacy laws
• Reviewing the advisory note of the Article 29 Working Party
• Bringing data protection laws, privacy laws and how they affect data
when undergoing e-disclosure process to the forefront

• Why is the outcome of this review important for your law firm?
Ashley Winton, Partner, White & Case LLP

15:00 The skeleton in the e-cupboard
• "You must be stupid, stupid, stupid" (The Rainmaker)
• How e-disclosure can save your life
• How not to waive privilege by accident
• Challenges and implications for shareholder and cartel actions
Jeremy Marshall, Head of London Commercial Litigation, Irwin
Mitchell

15:45 Afternoon coffee break

16:15 Asserting privilege in the electronic age
• Group/forwarded e-mails
• Assessing sole/dominant purpose
• Who is the client?
• Who is a third party?
• Circle of confidentiality
• Waiver
• Unravelling complex chains of communications
• Systems, headers and e-mail filing
• Retaining LPP
Sean Jeffrey, Of Counsel, Freshfields Bruckhaus Deringer LLP

17:00 PANEL DISCUSSION
Reviewing the past and looking ahead of e-disclosure practices
and cross-disciplinary information retention
This session will look forward at the field of e-disclosure and predict how future changes and developments will impact litigation as well as information retention practices.
Chris Dale, Consultant, E-Disclosure Information Project
Mark Surguy, Senior Associate, Pinsent Masons LLP
Vince Neicho, Litigation Support Specialist, Allen & Overy LLP

17:45 Chair’s closing remarks

17:55 End of day two and close of the conference

 

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