Wackos on the West Side: Correcting Bad Discovery Decisions and other Relief from Costly Diversions from the Law
Is your case ready for a fixer upper? You don’t need a trip to Waco to see Chip and Joanna Gaines to get you out of a discovery disaster, but you do need a solid understanding of the process and when it might be appropriate to seek an alternate ruling from the Special Master, Magistrate Judge or District Court Judge. This panel will help you understand the strengths and pitfalls of rehashing a discovery dispute the second time around.
Back to Brooklyn, What’s Old is New Again: Thoughts on Preserving Ephemeral Data
It’s 2007 and Columbia v. Bunnell emerges as the leading case on ephemeral data. The Court alluded to a “not really/but maybe” approach on preservation of this quickly disappearing data - probably/mostly outside the scope of discovery. Enter Wickr, SnapChat and WhatsApp - if you can’t save it, it’s not discoverable, right? Not so fast, the DOJ has some news for you! Join this panel to hear about the status of ephemeral data in 2018, getting to it and how compliance and civil discovery differ.
Avoiding the Battle of the Bronx: Managing an Adversary’s Efforts to Increase Costs
What do you do when your adversary disagrees with common sense approaches? This panel will discuss five case studies where companies were able to successfully implement cost reduction strategies without sacrificing the quality and defensibility of eDiscovery processes in litigation and government investigations. These case studies will cover, among other things: objecting to overbroad requests and using experts to support those objections; pursuing cost allocation from requesting parties; utilizing data analytics to reduce collection, processing, hosting and review volumes; improving the efficiency of human review; service provider management strategies to reduce the likelihood that eDiscovery projects will acquire a life of their own; and available pricing models from law firms and eDiscovery service providers.
You Can’t Always Want What You Get: But Does 26(b)(1) Get You What You Need?
The number of devices that we use daily that keep some kind of record of our activities continues to grow - from smart phones, to smart speakers, to connected refrigerators. These devices provide convenience, but they may also keep substantial amounts of information that might be used in discovery. This presentation will consider the practicalities of getting this information in light of the conflicts between privacy and usability.
JFK or LGA? What Happens in the Cloud, Stays in the Cloud: Microsoft Office 365 and the Shifting Paradigm of Exporting Data
There is a new world evolving around cloud technologies, and Microsoft Office 365, along with Google and Amazon, are at the forefront of it. More than 40-billion emails travel through Office 365 Azure and Google clouds today and that’s over two third’s of the world’s email. Corporations are quickly migrating to these platform technologies to save on internal costs of IT and hardware, and to increase efficiencies. But have you considered the volume of data that now lives in the cloud, outside your firewall and your IT team’s control? This panel covers the complexity of today’s data map and how Office 365 will help to keep organizations in control of their data from cradle to grave.
Hurricane Schrems: GDPR Risks that U.S. Companies Can’t Ignore
The myriad requirements of the EU’s General Data Protection Regulation (GDPR) pose significant challenges for many U.S. companies. However, cybersecurity readiness and data-breach response may be among the most import measures for reducing risks and spearheading compliance efforts. This panel will discuss adopting a risk-based compliance approach that zeros in on where U.S. companies may be most vulnerable with respect to GDPR accountability and enforcement, with an eye toward leveraging existing security and technology measures already in place.