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Electronic Discovery and Retention Guidance for Corporate Counsel 2006 (Live Webcast)

Dec. 4, 2006


Overview

Presented by Practising Law Institute and Executive Enterprises Institute, In Conjunction with: Inside Counsel

Please Note: If you are in-house counsel, you may register at the special price of $895. Please check the box on the checkout page indicating that you are in-house counsel to receive your discounted price.

Live Webcast on December 4, 2006 (P.D.T.)

This is a webcast of the live San Francisco session.

Why You Should Attend

Electronic discovery is no longer limited to "big document" antitrust or class-action cases. Whether you are in-house or outside counsel, if your company or client uses computers or email, you need to be aware of best practices in electronic retention policies and key issues in e-Discovery. At this program, an outstanding faculty of experienced lawyers and judges provides an inside look at the new Federal Rules of Civil Procedure, with a December 1, 2006 anticipated effective date, and their impact on corporate electronic data management.

This seminar is designed to provide both corporate counsel and outside counsel with the understanding necessary to advise clients on e-Retention policies that really work and to spot key issues in electronic discovery. As a participant, you will take away practical strategies that you can apply to benefit your client when you are called upon to provide guidance on e-Retention policies or when you handle e-Discovery. As an added bonus, important ethical issues related to electronic discovery are examined.

What You Will Learn

  • The new e-Discovery Federal Rules of Civil Procedure
  • A view from the bench regarding the new rules
  • How the new rules will impact electronic data management
  • e-Retention best practices and how to create, implement, and monitor a corporate retention program that actually works
  • How to manage and reduce staggering e-Discovery costs
  • Strategies for selecting an e-Discovery vendor
  • e-Discovery ethical considerations

Who Should Attend

This program is designed for corporate counsel, outside counsel, and other attorneys or risk management professionals who advise corporations on electronic discovery and document retention issues.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Schedule

All times are P.D.T.

Morning Session: 9:00 a.m. - 12:30 p.m.
 
9:00  Introduction and Overview
 
Geoff Howard
 
9:15  View from the Bench: An Insider Look at the Amendments to the Federal Rules of Civil Procedure
  • Insider look at the rationale behind the changes
  • Changes to expect inside and outside the courtroom
  • What the courts will expect from litigators
Hon. Shira A. Scheindlin
 
10:15  Before the Triggering Event: How Deep is that "Safe Harbor"? The Impact of the New Rules on Implementing a Document Management Program that Really Works
  • Should you change your retention policy under the new Rules? How?
  • New Rule 37(f): Advantages and challenges
  • Relationship of e-Retention and litigation holds
  • Retention best practices
  • Special challenges for companies with international presence

David E. Garrett, Stanley M. Gibson, Allyson M. Willoughby

11:15  Break

11:30  Litigation Is Imminent or Filed: How Your Response Must Change Under the New Rules

  • Evolving roles of in-house and outside counsel
  • Litigation hold best practices
  • Strategies and practical implications for Rule 26(a) initial disclosures,
    Rule 26(f) conferences, and Rule 16(b) case management conferences

Michael E. Lackey, Jr., Mark T. Quayle, Eric J. Schwarz

12:30  Lunch Break

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Living With the Rule 16(b) Order: The Discovery Process Through Trial 

  • Rule 34(a) and (b) implications and strategies
  • Impact of decisions early in litigation process
  • Strategies for discovery motion practice
  • Impact of vendor and technology selection

Jerone J. English, Renée T. Lawson, Kate O'Leary

2:45  Stepping Back: How to Reduce Costs and Improve Efficiency by Selecting the Right Technology for Each Phase of the Litigation

  • Not all technologies do all things: Understanding how to mix
    and match
  • Cost and pricing issues: Vendor negotiation strategies
  • Traps for the unwary 
  • Implications of the new Rules for your technology and
    vendor choices

Sheila E. Mackay, Ellen J. Polhamus, Karla Wehbe

3:45  Break

4:00  The Ethics of Electronic Discovery

  • Impact of new Federal Rules on ethical obligations
  • Duties when faced with inadvertent disclosure of adversaries' documents
  •  Relevant ethical rules
  • Review of metadata implications
  • Special considerations for corporate counsel

Hon. Richard E. Best, Carol M. Langford

5:00  Adjourn

Faculty

Chairperson(s)

Geoff Howard, Bingham McCutchen LLP

Speaker(s)

Hon. Richard E. Best (Ret.), Commissioner, Superior Court of California, County of San Francisco
Jerone J. English, Director of e-Discovery and Litigation Management Group, Intel Corporation
David E. Garrett, Managing Director, Stroz Friedberg LLC
Stanley M. Gibson, Jeffer, Mangels, Butler & Marmaro LLP
Michael E. Lackey, Jr., Mayer Brown LLP
Carol M. Langford, Law Office of Carol M. Langford
Renee T. Lawson, Morgan, Lewis & Bockius LLP
Sheila E Mackay, National Director of Litigation Technology, Bingham McCutchen LLP
Ellen Polhamus, Director of Operations - Legal Logistics, Morgan, Lewis & Bockius LLP
Mark T. Quayle, Senior Litigation Attorney, Cargill, Incorporated
Hon. Shira A. Scheindlin, United States District Judge, United States District Court, Southern District of New York
Karla Wehbe, Bechtel Corporation
David Wetmore, Fraud Investigation & Dispute Services, Ernst & Young
Allyson M. Willoughby, Legal Director, StubHub

Program Attorney(s)

John M. Mola, Practising Law Institute

CLE Credit

PLI makes every effort to accredit its Live Webcasts.  Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arkansas, Mississippi, Ohio, Oklahoma, and Rhode Island: Audio-only live webcasts are not approved for credit.

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2 New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.



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