The ediscovery Training Academy

Transcription

1 The ediscovery Traiig Academy Jue 3-8, 2012 Georgetow Uiversity Law Ceter Washigto, DC 30.0 CLE credit hours (60-miute hour) 36.0 CLE credit hours (50-miute hour)

2 Why This Academy is Uique: Georgetow Law s revamped ediscovery Traiig Academy will be a uique learig experiece. The Academy s full-week techology-focused curriculum will give you total immersio i the subject of ediscovery, featurig a highly persoalized, iteractive istructioal approach desiged to foster a itese coectio betwee all studets ad a reowed faculty, which icludes Michael Arkfeld, Craig Ball, ad Mark Sidoti. Additioally, two federal magistrate judges, Ho. Paul Grimm ad Ho. Joh M. Facciola, will be available to provide guidace from a judicial ad pragmatic poit of view. The Academy has bee desiged by experts to be a challegig, rewardig experiece leadig to a comprehesive uderstadig of the disciplie. It will be demadig, but it will be oe of your most excitig ad successful learig experieces i years. What You Will Lear ad How It Will Beefit You i Your Job: You will address the full scope of the practice of ediscovery durig the Academy. The teachig modules will explore the broad spectrum of strategic, legal, ad techical aspects of this complex field. Uiquely, the Academy has bee co-desiged by techical ad legal experts ad will place most sigificat emphasis o the exus betwee techology ad the law, a exus too ofte igored at traditioal CLE programs. Simply put, for a part of the program you will sit at your computer ad be hads-o with tools ad data, udertakig exercises desiged to help you grow more comfortable with, ad adept at, dealig with the fudametals ad itricacies of electroically stored iformatio. The Academy will also address the latest legal issues affectig ediscovery. These iclude: techology-assisted search, quality assurace, samplig, legal hold aalysis, FRE 502 sectio miimizig the risks of iadvertet disclosure, attorey-cliet privilege, ad work product ad limitatios o waiver; latest aalyses of cost allocatio, proportioality, ad ot reasoably accessible issues, as well as a host of other ediscovery matters. You will quickly realize that this is a demadig, yet fulfillig, program which will help positio you for leadership i the field. The Academy brigs forward a wealth of iformatio o the subject of ediscovery ad fosters your capability to make well-iformed, pragmatic, ad cost-effective decisios. You will also lear how to most effectively commuicate those decisios to your cliets ad colleagues, alleviatig fear ad skepticism. A Lear-by-Doig Approach: Durig the Academy, you will essetially be servig i a appreticeship, observig closely, questioig thoroughly, ad uderstadig itimately the approach ad kowledge of experts i the craft. From the exploratio of decisioal law with the federal magistrates who forged the semial case law, to the uderstadig of specialized techology, data sources, ad the mysteries of computer systems this course ca put you head ad shoulders above your competitio. The Academy will be limited to 60 participats to foster optimum iteractivity, so please register as soo as possible. Last year s Academy sold out. Come prepared to accept the academic challege ad to view your future ad digital iformatio with a ew perspective. Te Special Beefits of The Academy: 1. Our faculty will be with you throughout the week, with judges participatig regularly 2. The experts teachig the Academy are the same oes who developed the curriculum 3. Faculty iclude several of the leadig ediscovery experts i the Uited States 4. You will have the beefit of advace readig assigmets to better prepare you before the Academy begis 5. Your tuitio icludes a copy of the leadig ediscovery treatise, four best practice guides, 26(f) plaig guide, ad IT questios icludig a ebook, CD, ad hard copy of the materials 6. You will observe ad participate i demostratios of critical ediscovery processes 7. Use your ow laptop to practice with hads-o exercises to assess your kowledge ad learig 8. Participate i a meet ad cofer capstoe exercise at week s ed to cemet your learig 9. Create lastig etworkig relatioships with colleagues from across the coutry 10. Receive persoalized feedback from our all-star faculty after the Academy cocludes based o tests of your proficiecy

3 Who Should Atted: I-house ad outside cousel Govermet cousel ad support staff Practice ad litigatio support professioals IT ad system specialists Corporate executives Learig Objectives: As a result of participatig i this itesive Academy, you will: Gai a clear uderstadig of commuicatios skills to coverse about the pricipal compoets of a busiess iformatio systems eviromet, icludig the operatio ad role of storage devices, desktop machies, portable devices, mail ad file servers, etworkig, file shares, collaboratio tools, ad backup Familiarize yourself with file systems ad uderstad the file types ad locatios that comprise the most commo sources of discoverable ESI Be able to idetify ad distiguish betwee the pricipal forms of metadata, as well as recogize the types ad evidetial sigificace of particular metadata fields associated with the most commo sources of discoverable ESI Grasp, whe a ew matter comes i, the questios to ask ad the istructios to offer to take the lead i a defesible ESI preservatio protocol. You will kow eough about the computig eviromet to gauge its parameters, iterrogate users ad IT persoel about the pricipal sources, as well as to desig, commuicate, ad implemet a soud, costeffective ESI preservatio effort for a small to mid-size busiess Be sufficietly proficiet to take the lead ad act as skilled advisor to cousel i the Rule 26(f) process. This resposibility ecompasses both propoudig ad defedig agaist ediscovery, ad demads you gai the requisite kowledge of sources, accessibility cosideratios, project costs, ad realistic schedules to eter ito bidig productio agreemets cocerig, for example, preservatio, collectio, samplig, de-duplicatio, search, ad forms of productio Special Learig Tools: You will be provided specific readigs prior to the Academy to make sure you are up-to-date o requisite ideas ad kowledge ad will be asked to read material each eveig to prepare for the ext day s curriculum You will participate o a team throughout the week, culmiatig i a Mock Rule 26(f) presetatio before a leadig U.S. Magistrate Judge o Friday You will be give specific feedback o your performace after the Academy cocludes You will take a pre-assessmet ad a fial exam to measure your learig progress Course Materials: Icluded i your Academy tuitio is the 2012 editio of the most comprehesive ad scholarly publicatio i the disciplie, the 1,400+page Arkfeld o Electroic Discovery ad Evidece, Third Editio (a $ value). Alog with the treatise, you ll also receive a searchable electroic ebook editio ad four hady Best Practice Guides, icludig the latest guides o ESI Strategy ad Tactics, IT Primer, ad Legal Hold. I additio, icluded is a Rule 26 meet ad cofer plaig guide, model forms, ad IT questios for use i coferrig with your cliets ad i depositios. Reviewig these publicatios for Amazo.com, Craig Ball wrote, Michael Arkfeld s treatise o ediscovery is peerless amog publicatios. No other volume offers the ecyclopedic treatmet of the topic ad its depth ad breadth of scholarship. Michael Arkfeld lucidly weaves practical kowledge gleaed from years at the bar with a professorial commitmet to case law ad best practices. The Board of Editors for the publicatios are the Hoorable Joh M. Facciola, Craig Ball ad Mark Sidoti.

4 Ageda Suday, Jue 3 6:00 7:00 pm Registratio ad Techology Check 6:30 7:30 pm Cocktail Receptio Sposored by Kroll Otrack Moday, Jue 4 8:00 8:30 am Cotietal fast 8:30 9:45 am Preview ad Foudatio Durig this opeig segmet, our two oted faculty jurists will set forth the expectatios ad outlie the value of techical fluecy i iformatio systems as a core litigatio skill. The focus will be o challegig you to help improve the competecy of legal professioals i applyig IT cocepts to legal issues. This sessio will iclude class objectives, faculty itroductios, opeig commets, itroductio of class materials, computer software orietatio, ad a pre-assessmet examiatio focusig o IT ad ediscovery cocepts. You will be divided ito teams for purposes of the meet ad cofer scheduled for Friday morig. 9:45 10:00 am 10:00 am 12:00 pm Local Computig Systems ad Applicatios: How Does a Computer Work? This sessio will acquait you with the fudametals of iformatio techology ad storage. You should emerge with a appreciatio of the variety ad variability of storage media, devices, locatios ad types of electroic evidece, data ecoded i varyig schemes, ad the challeges those ecodig schemes preset i ediscovery. You will lear how data is stored, the termiology used to describe storage, ad why deleted data is ot goe. I additio, emphasis will be placed o the differet types of metadata ad the fudametals of computer foresics will be addressed. Through a exercise, you will examie commo media formats, ope up a hard drive, ad become more comfortable with data at every level. 12:00 1:30 pm Luch (o your ow) 1:30 2:45 pm (Cot.) Local Computig Systems ad Applicatios: How Does a Computer Work? 2:45 3:00 pm 3:00 5:00 pm What is a Eterprise IT Architecture? Networks, Servers, Backup Systems, ad the Iteret You will lear the IT architecture of orgaizatios, focusig o the persoel, hardware, software, ad applicatios. Special attetio will be give to etworkig, icludig commo protocols, servers, the cliet/server eviromet, ad hardware storage devices. This will provide the prelimiary basis for a careful examiatio of backup systems ad their commo implemetatios i eterprise eviromets. The distictios betwee full, icremetal, differetial, ad block backups will be explaied ad their importace i a suspesio, restoratio, ad samplig strategy will be aalyzed. You will be itroduced to the buildig blocks of eterprise data systems, icludig physical servers, virtual machies, RAID arrays, SAN ad NAS, etworkig, shares, ad databases. You will lear about the structure of the Iteret, icludig the World Wide Web (WWW), ad the use of HTML ad browsers. Also, we will focus o web storage i file caches, cookies, OLK folders, ad temporary Iteret files. Special attetio will be give to the emergig tred of cloud computig. 5:00 5:30 pm Q&A with the Judges Tuesday, Jue 5 8:00 8:30 am Cotietal fast 8:30 9:00 am Review ad Q&A from Readigs 9:00 am 12:00 pm (9:45 10:00 am ) Mail Systems Sice has become oe of the primary ad essetial meas of commuicatio for most busiesses ad idividuals, this sessio will examie how it works, is structured, ad stored. Explaatios will be provided o the termiology such as SMTP, POP, ad Dumpster ad their role i ediscovery. Popular software programs will be discussed ad the differet cosideratios for idetifyig, collectig, ad processig will be assessed. Special attetio will be give to olie (webmail) ad offlie . 12:00 1:30 pm Luch (o your ow) 1:30 2:45 pm Databases Databases are oe of the most frequetly sought after ad disclosed sources of electroic iformatio. They ofte hold the primary iformatio ad kowledge of a busiess. This sessio will focus o what they are ad the differet busiess applicatios. You will lear how they are structured, what query laguage is, ad why ediscovery cosideratios such as data dictioaries, schemae, report geeratio, direct access, ad export formats are crucial. 2:45 3:00 pm

5 3:00 5:00 pm Idetificatio, Collectio, ad Preservatio of ESI Data ad hardware mappig models are usually provided before the meet ad cofer sessio to esure both parties have a uderstadig of the iterrelatioships amog data that is liked ad to esure that the ESI you are producig or requestig has bee provided. Durig this sessio, you will lear why data mappig should iclude IT, HR, ad accoutig records as well as questioaires ad iterviews with key custodias ad IT persoel. Lear about data mappig of ESI from the disclosig party as well as agets, cotractors, former employees, ad third parties. After aalyzig how to locate the ESI, you will receive explaatios about the collectio of the data, icludig a foresically soud acquisitio, tools ad techiques, ad the relevat costs. Special attetio will be give to active data duplicatio ad collectio from olie sources to esure its autheticatio to metadata acquisitio, ad to the prevetio of corruptio. Wedesday, Jue 6 8:00 8:30 am Cotietal fast 8:30 9:00 am Review ad Q&A from Readigs 9:00 9:45 am Preservatio of ESI Backups Oe of the critical issues i ay ESI case is the implemetatio of a effective legal hold process, which ivolves the preservatio of relevat, resposive ESI. This sessio will explore the cosideratios i preservig backup tapes ad other sources of relevat ESI. Explaatios will be provided for disablig purge cotrols ad suspedig rotatio of tapes. 9:45 10:00 am 10:00 11:00 am Legal Holds With ay case, the obligatio of cousel is to preserve ESI oce a triggerig evet has occurred. This IT-orieted sessio will focus o the scope of productio from custodias, ESI sources, ad appropriate itervals. I additio, discussio will focus o esurig commuicatio with idividuals ivolved i the case as well as guarateeig compliace with audits. 11:00 am 12:00 pm Cullig, Processig, ad Search After the collectio of the ESI, how do you esure its autheticatio, chai of custody, ad reducig the populatio? This sessio will examie the cocepts of hashig, filterig, ad de-duplicatio of data to maageable levels. 12:00 1:30 pm Luch (o your ow) 1:30 2:45 pm Search Tools ad Filterig Methodologies Techological issues of searchig for preservatio, filterig, ad disclosure purposes are critical. You will examie use of ESI search techiques ad their limitatios, such as key word searchig. You will lear about emergig advaced search techology, samplig, ad documet aalytics. You will discover the metrics of search ad protocols to ehace the search process, as well as the importace of quality cotrol. 2:45 3:00 pm 3:00 5:00 pm Forms of Productio I ay case ivolvig ESI there are several key IT issues that must be decided to determie i what format ESI is produced ad disclosed to the requestig party or i what format you will be receivig ESI. The forms of productio, icludig ative files, TIFF, ad PDF will be examied, as will their effect upo ediscovery. A myriad of issues affect disclosure, icludig the pros ad cos of the various forms, whether metadata is to be icluded, coversio problems, bates umberig, ad redactio. Fially, you will examie the various cost cosideratios ad the form ad timig of disclosure. You will also lear how to select ad audit the work of data processig vedors. Electroic documets are more tha what you see whe they are prited or displayed o a moitor. Each electroic documet is a database that stores hidde iformatio. Discover the differet forms of productio ad how each form ca impact a ediscovery case. You will gai a uderstadig of ative files, tagged image file format, portable documet format, metadata, embedded data, ad several other forms of electroically stored iformatio. Thursday, Jue 7 7:30 8:00 am Cotietal fast 8:00 9:45 am Legal Holds, Triggerig Evets, ad Scope of Discovery This sessio will focus o a party s preservatio obligatios ad various triggerig evets that madate that a legal hold be implemeted. Special emphasis will be placed o the various court madated legal hold duties ad tasks that should be adhered to i the preservatio ad disclosure of ESI. You will review the various classificatios ad termiology of ediscovery ad its effect o legal cocepts such as ot reasoably accessible. You will also focus o the claims ad defeses of a case ad the scope of ESI discovery. 9:45 10:00 am 10:00 am 12:00 pm Limitatios ad Protectios i Producig ESI Durig this sessio you will address the limitatios ad protectios afforded litigats i ediscovery proceedigs. Subjects reviewed will iclude cotrollig costs ad objectios based o burdesome, relevacy, overbroad, ad accessibility of ESI. I additio, proportioality, samplig, ad their effect o ESI disclosure will be aalyzed. You will explore the legal cases ad steps for eterig ito a owaiver agreemet, whe a ispectio of a computer system is justified, ad the appropriate foresic ad privilege procedures. 12:00 1:30 pm Luch (o your ow) 1:30 2:45 pm The Evolvig Law o Search Techiques ad Protocols You will aalyze emergig law ad ethics o search techiques ad protocols. Particular emphasis will be placed o what costitutes a reasoable search ad whether lawyers are qualified to craft search protocols. Rule 26(g) certificatios will be reviewed ad you will explore whether oe should cooperate i egotiatig a search protocol i the cotext of affirmative ad defesive search strategies. Federal Rule 502(b): Advaced Aalytics will be reviewed i the face of recet decisios ad defesibility of advaced search techiques will be discussed.

6 Fially, you will review state-of-the-art research o automated versus maual methods. Subjects to be explored will iclude: Treds i the case law: what costitutes a reasoable search? Are lawyers qualified to craft search protocols? Rule 26(g) certificatios What costitutes cooperatio i egotiatig a search protocol? Affirmative ad defesive search strategies The ethics of search egotiatios Federal Rule 502(b): Advaced Aalytics, icludig the Hal case ad others Defesibility of advaced search techiques State-of-the-art research o automated versus maual methods Friday, Jue 8 8:00 8:30 am Cotietal fast 8:30 am 12:00 pm Mock 26(f) Coferece Teams will take part i a mock 26(f) coferece before U.S. Magistrate Judges Joh M. Facciola or Paul Grimm. Each team will be charged with resposibility for oe aspect of the case beig used as a hypothetical. Our expert faculty will observe ad offer tips ad feedback. All participats will be able to observe each aspect of the coferece. 12:00 1:00 pm Luch (o your ow) 1:00 3:00 pm Lurkig Dagers of Admittig ESI The week s program will coclude with a overview ad demostratio focusig o the myriad issues affectig the admissibility of ESI, such as autheticatio, hearsay, ad other evidetiary matters. The featured demostratio will focus o the direct ad cross-examiatio of witesses regardig the security ad reliability of busiess records. 3:00 3:30 pm Fial Exam The Academy will close with a examiatio, testig the class uderstadig of the material covered i readigs ad lectures throughout the week. 2:45 3:00 pm 3:00 5:00 pm Third Party Iteratioal Discovery The fial sessio of the day will focus o third party ad iteratioal discovery with a hard look at spoilatio ad sactios. You will focus o the differet stages of the ESI processig, maagemet, ad cotrol of a ediscovery project. About Georgetow Law CLE Georgetow Law CLE has a established traditio with over 30 years of experiece providig the legal commuity high quality programs. Our programs are developed with the professio s ever-chagig eeds i mid, while at the same time meetig the madatory CLE requiremets of various state bars. Located i the heart of the atio s capital, we feature the coutry s leadig govermet officials, judges, ad practitioers. Plaig Committee ad Faculty: Ho. Joh M. Facciola Magistrate Judge U.S. District Court for the District of Columbia Washigto, DC Ho. Paul W. Grimm Chief Magistrate Judge U.S. District Court for the District of Marylad Baltimore, MD Michael R. Arkfeld Arkfeld & Associates, LLC Phoeix, AZ Craig D. Ball Craig D. Ball, P.C. Austi, TX Kevi F. Brady Eckert Seamas Cheri & Mellott, LLC Wilmigto, DE Robert A. Eiseberg Orcatec, Ic. New York, NY David Neal Guidace Software Chicago, IL Thomas O Coor Legal Electroic Documet Istitute New Orleas, LA Mark S. Sidoti Gibbos, P.C. New York, NY

7 Academy Details Locatio Georgetow Uiversity Law Ceter Hotug Iteratioal Law Buildig 550 First Street NW, Washigto, DC Hotel Iformatio Georgetow Law CLE has preferred rates at several hotels located withi a few blocks of the Law Ceter. Please use the iformatio below to secure the discouted rate. Hyatt Regecy Washigto DC o Capitol Hill 400 New Jersey Aveue, NW Washigto, DC (202) (800) Whe makig reservatios, ask for Corporate Number The Liaiso Capitol Hill, A Affiia Hotel 415 New Jersey Aveue, NW Washigto, DC (202) Whe makig reservatios, ask for the Georgetow rate. The Hotel George 15 E Street, NW Washigto, DC (202) (800) Whe makig reservatios, ask for the rate code GUL. Services for People with Special Needs or Dietary Restrictios Call (202) or cle@law.georgetow.edu Cacellatio Please fax your cacellatio otice to (202) or to cle@law.georgetow.edu by 5:00 pm EST o Moday, May 28, 2012 for a refud (less a $100 admiistrative fee). Rai checks for a future program will be grated for cacellatios received after May 28 ad prior to the start of the program. Course Materials Icluded i your Academy tuitio is the 2012 editio of the most comprehesive ad scholarly publicatio i the disciplie, the 1,400+page Arkfeld o Electroic Discovery ad Evidece, Third Editio (a $ value). Alog with the treatise, you ll also receive a searchable electroic ebook editio ad four hady Best Practice Guides, icludig the latest guides o ESI Strategy ad Tactics, IT Primer, ad Legal Hold. I additio, icluded is a Rule 26 meet ad cofer plaig guide, model forms, ad IT questios for use i coferrig with your cliet, depositios, ad so o. Reviewig these publicatios for Amazo.com, Craig Ball wrote, Michael Arkfeld s treatise o ediscovery is peerless amog publicatios. No other volume offers the ecyclopedic treatmet of the topic ad its depth ad breadth of scholarship. Michael Arkfeld lucidly weaves practical kowledge gleaed from years at the bar with a professorial commitmet to case law ad best practices. The Board of Editors for the publicatios are the Hoorable Joh M. Facciola, Craig Ball ad Mark Sidoti. Participatio The Academy is desiged to provide you with a high level of iteractio with the faculty ad fellow Academy participats. I order to assure a hads-o learig experiece, class size has bee limited to 60 participats with madatory attedace. Moey-Back Guaratee We are cofidet that you will leave this coferece with more tha eough ideas ad isights to make your ivestmet pay off. However, if you feel you have ot received your moey s worth by the ed of the program, simply cotact a member of our registratio team at the coferece or call (202) ad we will process a 100% refud for your registratio fee! CLE Credit Accreditatio will be requested for this program from states with madatory Cotiuig Legal Educatio requiremets upo request. Georgetow Law CLE is a accredited CLE provider i most MCLE states. Georgetow Law CLE is a State Bar of Califoria approved MCLE provider. Some states require omial accreditatio fees. You will be asked to submit paymet at the program s coclusio. Scholarships Georgetow Law CLE makes every effort possible to provide equal educatioal opportuities to all. We provide a limited umber of scholarships o a case-by-case basis. Apply olie at or submit writte request o later tha 5:00 pm EST o Moday, May 14, Scholarship Committee Georgetow Law CLE 600 New Jersey Aveue, NW Washigto, DC or fax to (202) Dress Attire Our suggested dress for this program is busiess casual. Meetig room temperatures may vary, so we suggest brigig a sweater or light jacket. Laptop Requiremet All attedees are required to brig their ow laptop for use durig the Academy. Each laptop should have a fuctioal USB port ad must be eabled for wireless iteret access, which will be provided. Laptops must have a Widows operatig system for use with the software.

8 Registratio Form ediscovery Traiig Academy Registratio by Moday, May 21 is ecouraged to esure receipt of all advace readig materials. o $3500 Registratio o $3000 Georgetow Law Alumus class of o $2500 Govermet Registratio For multiple registratio discouts, please cotact Sarah Jea Kelly at (202) or sjk72@law.georgetow.edu. Name: o Mr. o Ms. address: (please prit clearly) Firm/Orgaizatio: Busiess Address: City: State: Zip: Shippig Address: City: State: Zip: Phoe: ( ) Fax: ( ) CLE credit? o Yes o No What state(s)? Bar #: The ediscovery Traiig Academy will begi at 6:00 pm o Suday, Jue 3 with the Cocktail Receptio ad Techology Check for all participats. Educatioal sessios will begi o Moday, Jue 4. Will you be attedig the Suday Receptio? o Yes o No THREE WAYS TO REGISTER: 1. ONLINE 2. MAIL with check payable to Georgetow Law CLE to address below. Check eclosed # $ or purchase order may be attached to this form # 3. FAX to (202) (credit card/po registratios oly) o VISA o MC o AMEX Card #: Expiratio Date: Sigature: Georgetow Uiversity Law Ceter Cotiuig Legal Educatio 600 New Jersey Aveue, NW Washigto, DC (202)