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The ACEDS 2014 E-Discovery Conference & Exhibition brings together top practitioners to help solve the problems of risk and cost associated with e-discovery and big data. It gives best practices and practical guidance to persons who routinely face challenges posed by electronic information in their jobs. The event’s unique interactive format allows attendees to pose questions directly to the experts.

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Below is the schedule for the ACEDS E-Discovery Conference. Panel content and speaker assignments are subject to change. 

Sunday, April 27, 2014
8:00 AM – 4:30 PM Registration
10:00 AM – 12:00 PM CEDS Certification Exam Preparation Seminar Part 1
Presenter: Helen Bergman Moure, CEDS
12:00 PM – 1:00 PM Networking Lunch
1:00 PM – 2:30 PM CEDS Certification Exam Preparation Seminar Part 2
2:30 PM – 3:00 PM Networking Break
3:00 PM – 4:30 PM CEDS Certification Exam Preparation Seminar Part 3
4:45 PM – 6:15 PM Networking Cocktail Reception
Monday, April 28, 2014
7:00 AM – 5:00 PM Registration
7:45 AM – 8:45 AM Networking Knowledge Breakfast 1: Is Your Knowledge of the New Rules on Par for TAR?
Navigating the use of technology-assisted review in a changing landscape of rules governing ethics and civil procedurexerox
This panel guides participants through six real-life TAR scenarios that promote an understanding of the new ethical and legal landscape of e-discovery. On the ethics front, the ABA approved an important new resolution last year under the duty of competence that requires lawyers to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology …” (MR 1.1). Amendments to rules on communications with clients (MR 1.4), confidentiality (MR 1.6), and supervision (MR 5.3) also impact the use of TAR.  Various state ethics rules have since followed.On the civil procedure front, more than 2,000 public comments were logged on the federal government site by the February 15 deadline, reflecting much debate over the proposed amendments to the Federal Rules of Civil Procedure. Three emerging themes may now come into play when navigating the use of advanced technologies:1. Proportionality in discovery,2. Early and active case management; and3. Cooperation between parties.Through this interactive lab, participants will become better prepared to meet their obligations in the context of the evolving use of TAR.

Speakers: John Finlay, Lateral Data, a Xerox company; Royce Cohen, Stroock & Stroock & Lavan; and Alan Winchester, Harris Beach

8:45 AM – 9:00 AM Opening Remarks
9:00 AM – 10:15 AM General Session 1: What Imminent E-Discovery Amendments to the Federal Rules Mean to You, and How to Prepare
The proposed e-discovery amendments to the Federal Rules of Civil Procedure are not expected to take effect until December 2015 at the earliest. Still, the reverberations those changes will surely trigger require significant time for consideration and preparation. How will the proposed amendments affect you and your organization, and how should you prepare? Panelists intimately involved in the amendments process will update you on where they stand, and which are likely to pass. Then, practitioners with various perspectives will tell you:

  • How and to what effect a new sanctions standard will shift the balance of power between plaintiff and defendant,
  • If the amendments demand a different approach to corporate preservation,
  • How to leverage a proportionality mandate, and avoid the onerous delays it could create,
  • And much more.

This panel will give you the guidance you need to process and prepare for the changing face of e-discovery.

Speakers: Thomas Allman, John Barkett, Stephen Burbank, Hon. David Waxse
Moderator: Jeffrey Jacobson, CEDS

10:15 AM – 10:45 AM Networking Break
10:45 AM – 12:00 PM General Session 2: The View from the Bench: Judges Give Practical Guidance on Proportionality 
Volumes have been written about proportionality in e-discovery, but it is a concept that is often given more lip service than practical application. Proposed e-discovery amendments put proportionality front and center in Rule 26(b). In this exciting panel, sitting judges share guidance on how the rule will operate, and how parties should handle e-discovery and its associated disputes irrespective of potential rule changes. This special session is not to be missed.
Speakers: Hon. James Hopkins, Hon. Alicia Otazo-Reyes, Hon. David Waxse
Moderator: John Barkett
12:00 PM – 1:00 PM Networking Lunch
1:00 PM – 2:00 PM Concurrent Session 1: Strategies to Avoid Predictive Coding’s Traps for the Unwary
Technology-assisted review, or predictive coding, can be a useful tool for quickly retrieving documents and data in a cost-effective manner. But confusion over what it is, how it should be applied, and the measures by which its effectiveness should be gauged invites misunderstanding and misuse. In this session, two experts lead an audience discussion spotlighting strategies to avoid predictive coding’s under-reported “traps.” After all, predictive coding is:

  • Not automagic: What should we reasonably expect from it?
  • Not all-knowing: What do we need to know about it?
  • Not autonomous: How we need to gauge it?

Come to share comments, questions, conundrums, war stories and healthy skepticism.

Presenters: William Speros, Mary Mack

Concurrent Session 2: Do-it-Yourself Legal Holds: Best Practices for Doing More with Less 
Implementing an effective legal hold process can be an overwhelming task. Now consider doing it without any capital investment. Achieving more with less is not an insurmountable task, but it requires planning and keen evaluation of your organization’s in-house tools, abilities, personnel and risks. Here, experts from across the e-discovery spectrum tell you how to:

  • Identify, budget and allocate resources efficiently,
  • Shoestring a legally-defensible legal hold process,
  • Establish the appropriate corresponding policies,
  • Develop a litigation response plan that identifies trigger events, custodians and data sources, and
  • Implement compliance tracking and plan for a legal hold release.

This session identifies the minimal components to comply with legal hold deployment. By leveraging common office technology and support, organizations can build reasonable and defensible processes.

Speakers: Michael Dixon, CEDS, Sharon O’Bryan, Barry Schwartz
Moderator: Allison Walton

2:00 PM – 2:30 PM Networking Break
2:30 PM – 3:45 PM General Session 3: Streamlining E-Discovery Costs with Metrics, Readiness and Reporting
The factors contributing to predictability of e-discovery costs grow more erratic by the minute. Data volumes continue to explode. Vendor pricing varies wildly. Judicial expectations change from one court to the next. What’s a business to do? This panel will cover the most practical emerging strategies for streamlining and predicting e-discovery costs. A distinguished panel will discuss, among many hot topics:

  • How information governance can increase cost predictability,
  • How to develop litigation hold repositories, reporting metrics and discovery processes in-house,
  • How different pricing models, including flat-fees, contribute to cost stability,
  • How to leverage advanced technologies, and
  • How to increase efficiency through statistics gathering and dashboarding.

Here, experts in the trenches tell you what works for them.

Speakers: Julie Grantham, Seth Eichenholtz, Brent Holmes, Daniel Pelc
Moderator: David Yerich, CEDS

3:45 PM – 4:15 PM Networking Break
4:15 PM – 5:30 PM General Session 4: Balancing People, Process, Partnerships and Technology to Achieve Optimal Cost-Savings
As law firms and legal departments feel the squeeze of dwindling resources and budgets, they are increasingly eyeing ways to streamline and innovate e-discovery processes, build better partnerships and identify more effective technologies. In this panel, top attorneys, litigation support practitioners and consultants show you how to:

  • Evaluate internal and external personnel and resources, vendor partnerships, and technologies,
  • Align stakeholders to account for various perspectives and goals,
  • Assess your current e-discovery capabilities and prepare for anticipated issues,
  • Bring uniformity to processes and workflows, and,
  • Assure the right people are doing the right jobs with the right tools.

Here, experts share considerations and best practices for striking the right balance between insourcing and outsourcing e-discovery to achieve the most efficient, cost-effective model.

Speakers: Stephanie Giammarco, CEDS, Alvin Lindsay, Charles Volkert, David Yerich, CEDS
Moderator: Robin Peterson, CEDS

5:30 PM – 7:00 PM Networking Cocktail Reception
Tuesday, April 29, 2014
8:00 AM – 4:30 PM Registration
8:00 AM – 9:00 AM Networking Knowledge Breakfast 2: Risk and Reward in the Cloud: Cost Savings, but at What Cost?
Screen shot 2014-03-06 at 3.00.18 PMAs more organizations opt for cloud-based solutions to lower costs or meet stringent privacy and security requirements, questions on collection, legal jurisdiction, and privacy are beginning to arise.This discussion will explore emerging case law around the cloud and covers topics such as data ownership, multi-tenanted environments, and cross-border litigation. You will also learn how cloud computing can provide new levels of security, collaboration, agility, speed, and cost savings, while defensibly enforcing comprehensive e-discovery.
Speaker: Eric Crespolini
9:00 AM – 10:00 AM General Session 5: Paying too much for E-Discovery? Then You’re Probably Paying Too Little Attention to Project Management
The reality is, despite this event’s theme, you can’t actually do more with less. You can only do less with… less. The trick is to find the right “less.” This session will present an introduction to the “less” of Legal Project Management in the context of e-discovery cost control, so that you can achieve:

  • Less waste: Learn to identify areas of inefficiency or overlap, and address them with low-tech (or no-tech) solutions, as well as specialized technology.
  • Less low-value work: Learn to identify low-value tasks and either automate them, dump them, or pass them to more cost-effective workers; establish metrics that will drive the right behavior around this work.
  • Less client frustration: Learn to speak a language that will help corporate clients understand why e-discovery is both necessary and not inexpensive, while persuading them through thoughtful project management.
  • Less time: Discover some surprising ways to get more done in a day by using the right resources.
  • Less unproductive work: Learn to prioritize work by focusing on high-value pursuits.

Experts here give guidance on identifying and exploiting efficiencies to turn your less into more.

Presenters: Steven Levy, William Speros

10:00 AM – 10:30 AM Networking Break
10:30 AM – 11:45 AM Concurrent Session 3: Achieving Standards for TAR Success Amid Black Boxes, Secret Algorithms and Competing Products
If you feed two different technology-assisted review platforms an identical set of seed documents and deploy these machines across the same universe of data, chances are the systems will return deviating results. With proprietary software flooding the market and a resistance to sharing secret sauces, how do practitioners, courts and clients achieve a collective measure of success? Is there a new “gold standard,” and if so, what is it? Here, experts tackle these puzzling questions, and give guidance on:

  • Understanding the differences between TAR offerings,
  • Identifying statistical standards for success,
  • Measuring results, and,
  • Selecting the right person(s) to train TAR programs.

Join litigators, technology experts, and top service providers to hash out these important issue.

Speakers: Tara Emory, Stephanie Giammarco, CEDS, Andy Ruckman, Alan Winchester
Moderators: Alvin Lindsay, CEDS

Concurrent Session 4:  Going through the Motions: Staging a Thorough Rule 26 ‘Meet-and-Confer’
It’s right there in black and white: “Parties must confer as soon as practicable.” Rule 26(f) of the Federal Rules of Civil Procedure demands an early meeting of adversaries to prepare for important issues and contingencies, including ESI preservation and e-discovery. Still, all too often, attorneys treat the “meet-and-confer” as a flyby exercise, exposing their clients to thorny, unresolved discovery problems that can distract from the merits. In this unique session, top litigators and technology experts act out a Rule 26(f) conference, showing you how to:

  • Address key preservation scope and production issues,
  • Broach phased discovery, and other cost-reducing methods,
  • Head off needless disputes,
  • Involve other stakeholders and experts, and,
  • Put your clients in a position to succeed.

Make the meet-and-confer worth your while. This interactive session shows you, literally, how it’s done.

Presenters: Lael Andara, CEDS, Jeffrey Jacobson, CEDS, Hon. Richard Levie

11:45 AM – 12:45 PM Networking Luncheon and Presentation: Do More with Less: A Way of Life in the Government Sector
Presenters: Lissa Flock, Lynn Furiato
12:45 PM – 2:00 PM Concurrent Session 5: Protecting Sensitive Data from Prying Eyes and Imperfect Processes
It is the specter of hackers and cyber-criminals that sound the loudest alarm bells for attorneys and clients. But often, the biggest and most devastating discovery breaches arise from simple human error. Whether a case of leaving an iPad in the backseat of a cab or failing to properly redact a sensitive document, people on one’s own team — not adversaries or existential dangers — pose the biggest threat to information security. As the amount of data relevant to litigation and investigations proliferates, the need to implement appropriate safeguards and follow sound processes only grows. Here, experts share guidance on:

  • Drafting sound clawback agreements,
  • Obtaining protective orders with teeth,
  • Documenting an unbroken chain of custody,
  • Adopting practical, achievable measures to secure discovery data,
  • Assuring vendor, in-house and law firm priorities align, and,
  • Engendering a culture of security.

This panel gives lessons and best practices from law firm, corporate and service provider perspectives.

Speakers: Lael Andara, CEDS, Sharon O’Bryan, Andy Wilson
Moderator: Allison Walton

Concurrent Session 6: How to Win the Uphill Battle Against Big Data with Sound Information Governance
Big data always poses big challenges, but it doesn’t have to be a big problem. On the contrary, the organizations who effectively create, implement and oversee sound information governance frameworks protect themselves before and during litigation, and use information to improve organizational performance and decision-making. This panel gives lessons and best practices for:

  • Moving your organization from information chaos to organization,
  • Overcoming cultural obstacles to information governance,
  • Identifying resources and using them efficiently in the face of budget obstacles,
  • Leveraging advanced technologies,
  • Navigating uncertainty surrounding retention standards,
  • Minimizing the risk of BYOD and enterprise social media, and,
  • Assuring organizational policy matches business and workplace realities.

Here, experts from diverse backgrounds show you what a comprehensive information governance plan looks like and how to achieve it.

Speakers: Royce Cohen, Seth Eichenholtz, Brandon Hollinder, David Yerich, CEDS
Moderator: Sarah Mahoney

2:00 PM – 2:30 PM Networking Break
2:30 PM – 3:45 PM General Session 6: E-Discovery Taboos: Pain Points among (and within) Clients, Counsel and Vendors 
This panel takes on taboo topics, issues of confusion or frustration, and moments of conflict that occur consistently between organizations, their outside counsel, and the vendors and consultants who service them. Panelists will take on a debate style format, either asserting or discrediting the following taboo statements:

  • Law firms should NOT profit from internalizing e-discovery and lit support services.
  • Corporations should NOT attempt to mitigate risk and reduce cost for e-discovery by in-sourcing enterprise technology and talent.
  • E-discovery Project Managers should come from a technology background and skill set, NOT a legalist or attorney background. 
  • Predictive coding is NOT  faster and more cost effective than traditional manual review.
  • E-discovery will NOT become more profitable for providers and outside counsel in the future.          

Audience members will be given the opportunity to participate in the debates, adding their experiences and perspectives on each of these topics and more.

Speakers: Mary Mack, Alex Ponce De Leon, Bill Speros, Jon Talotta
Moderator: Jared Coseglia
3:45 PM – 4:15 PM Networking Break
4:15 PM – 5:15 PM General Session 7: Mock Hearing: So You Think E-Discovery Is Too Expensive? Prove it.
We saved one of the best for last. In this unique panel, lawyers and e-discovery experts presented with a real-world litigation scenario argue competing motions, with the goal of showing you what it takes to successfully prove to a court the burdens and costs associated with electronic evidence. This mock hearing, to be followed by audience Q&A, will probe:

  • Narrowing production scope during discovery,
  • A proportional approach to preservation and production,
  • Considerations for shifting e-discovery costs,
  • Common weaknesses in attempts to show data is “not reasonably accessible,”
  • How to justify a protective order, and more.

These 60 minutes are worth the price of admission.

Presenters: Hon. Richard Levie, Helen Moure, CEDS, Trisha Smith, CEDS, Jon Talotta