DAY ONE DAY TWO COURSE MATERIAL
DAY ONE (September 19-20, 2024)
(Central Standard Time)
Check-in and Breakfast
Welcome and Opening Remarks
Fireside Chat with the Department of Justice
It is not often that you get the opportunity to hear from members of the Department of Justice regarding their positions on electronic data. NeLI brings this to you. Members from the DOJ’s antitrust division and the criminal section of the DOJ will be interviewed by Edward Rippey
from Covington & Burling. He plans to ask them questions about their ephemeral messaging and BYOD policies, which both made big splashes in the eDiscovery space. You do not want to miss this session!
Speakers: Jillian Rogowski (Counsel to the Assistant Attorney General, Antitrust Division), Laura Butte (Assistant Chief for the Washington Criminal Section), and Nathan Brenner (Deputy Chief Trial Counsel, Bureau of Competition, FTC)
Host: Edward Rippey (Covington Burling)
NeLI Talk: NYT Connections: Finding and Extracting Third Party Apps
Presenter: Steve Davis (Purpose Legal)
Networking Break
Mock Negotiation: Add another topic to the Rule 26(f) checklist! Privilege Log Conferral Coming Soon!
The Federal Rules of Civil Procedure will soon include an obligation for the parties to meet and confer regarding the timing and method for complying with Rule 26(b)(5)(A) (a.k.a., privilege logging). Having a productive negotiation on privilege logs, before they are assembled and produced, can help minimize the disputes over what a privilege log should look like so the parties can focus on substantive issues regarding what documents truly qualify for protection under the privileges asserted. This session will include a mock negotiation over privilege logs to demonstrate the types of issues the parties should be prepared to consider and discuss at the Rule 26(f) conference.
Speakers: Pearl Robertson (Irpino Avin & Hawkins) & Elizabeth Gary (Morgan Lewis)
Networking Break/Grab Lunch (provided)
Mock Hearing
Judge Young B. Kim will preside over a mock hearing argued by seasoned litigators involving novel emerging eDiscovery issues, including hyperlinks, AI, and ephemeral messaging that often arise during litigation across multiple industries. The arguments made will educate attendees on the various ways that eDiscovery litigators may approach these issues.Our audience will have an opportunity to ask questions and make comments, to both the bar and the bench.
Judge: Judge Young B. Kim sitting on special assignment in the U.S.D.C. of NeLI)
Advocates: Lea Bays (Robbins Geller) & Leeanne Mancari (Covington & Burling)
Networking Break
The Judges’ Debate Each Other-Audience Chooses the Winner
Judges pair off against each other and debate several thorny eDiscovery matters. This will allow you to hear both sides of the issue. You decide the winner!
Moderator: Derek Duarte (UnitedLex)
Advocate Judges: Hon. Angel Mitchell (USDC Dist. KS), Hon. Allison Goddard (U.S.D.C. S.D. CA.), Hon. Young B. Kim (U.S.D.C. IL), Hon. Andrew Peck (ret. U.S.D.C. S.D. NY; DLA Piper) and likely others.
Networking Break
3:10 p.m. - 3:30 p.m. NeLI Talk: Include Your Vendor! How to Avoid Case Disrupting Tech Issues from the Beginning
Litigation has enough uncertainty; avoid as much as possible by engaging with your technical resources early and often. With the rapid and constant change in technology from every front, what was possible and easy six months ago may now be close to impossible and the things you spent so much time trying to negotiate away from may no longer be an issue. Getting the input from your technical resource could save you and your client time, money and most importantly, the court's goodwill.
Presenter: Paul McVoy (Repario Data)
The Ethical Quandaries of E-Discovery: AI Edition
The e-discovery process gives rise to multiple ethical challenges for practitioners, and the rise of AI opens up additional traps. In this game, framed in the context of a hypothetical case, your goal is to climb your way to "ethical paradise" before falling into the dreaded "ethical inferno"!
Game Show Hosts: David Cohen (Reed Smith) & Tom Gricks (Open Text)
Networking Reception and Plated Dinner for Conference Attendees
(Central Standard Time)
Sign-in and Breakfast
Judicial Panel/Case Law Update
Judges from around the nation will provide insight from the bench as they address the latest eDiscovery developments and ethical issues surrounding the discovery process. These judicial influencers are eager to provide insight that may save you or your client from engaging in a costly mistake.
Panelists: Hon. Angel Mitchell (USDC Dist. KS), Hon. Allison Goddard (U.S.D.C. S.D. CA.), Hon. Young B. Kim (U.S.D.C. IL), Hon. Stephen R. Bough (U.S.D.C. W.D.MO.), Hon. Andrew Peck (ret. U.S.D.C. S.D. NY; DLA Piper), and likely others.
Moderator: Tessa Jacob
In House Counsel Panel
In-house counsel face challenges on a daily basis. These challenges range from business strategy and support to litigation budgeting and discovery management. This panel will touch on each of these and more. Panel participants will discuss real world examples and provide the attendees with practical solutions to address these challenges. Come learn how you can add real value to your clients.
Panelists: Nirav Shah (Home Depot), Carmen Conn (Oracle), Trace Johnson (O’Reilly Auto Parts), Adam Gajadharsingh (Google)
Moderator: Kristy Bird (Consilio)
Networking Break/Grab Lunch (provided)
Generative AI and eDiscovery: Practical applications of GenAI to improve efficiency in document review
In terms of time, effort, and expense, document review is the largest line-item in the discovery process. While the advent of technology assisted review reduced the number of documents reviewed, the amount of human attention needed to get through a document set remains large. Can Generative AI help? Join our panel of expert eDiscovery practitioners to learn about ways in which GenAI can further reduce the amount of time, effort, and expense of document review.
Moderator: John Pappas (Exterro)
Panelists: Lenora Gray (Redgrave Data), Robert Keeling (Sidley Austin LLP), Todd Itami (Covington & Burling)
