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We have only applied to Indiana for Continuing Legal Education (CLE) credits. Please fill out an evaluation form if you wish to receive a Certificate of Attendance to use to self-apply for CLE credits from your local jurisdiction. Various state CLE authorities require that we verify your live, active participation throughout the program from the sign-in sheets for those who attended in person or the log-in and polling response data for those who attended online. Once that verification is complete, a Certificate of Attendance will be sent to those who request one. No CLE credits will be issued for partial attendance of a session or viewing The Sedona Track sessions after May 12, 2022.
Tuesday, May 10, 2022
10:15 AM – 11:15 AM
The Annual State of Play: U.S. Case Law Update
The courts may have been physically closed for most of the past two years, but litigants were still litigating, and judges were still handing down significant decisions on eDiscovery, privacy, data security, security, artificial intelligence, and other hot Information Governance topics. Back at MER for the 24th year, pioneering RIM and eDiscovery attorney Ken Withers will review the most significant decisions of the Pandemic, provide practical advice for IG professionals in the trenches, and forecast some of the legal issues expected to surface in the remaining months of 2022.r.
Materials:
PowerPoint Slide Deck (PDF Format)
Philip J. Favro, ed. Selected eDiscovery and ESI Case Law from 2021
Philip J. Favro, ed., Selected eDiscovery and ESI Case Law from 2021-22
Thomas Y. Allman, Amended Rule 37(3): Case Summaries
The session evaluation form and attendance certificate request are available here.
Wednesday, May 11, 2022
9:45 AM - 10:45 AM
When Privacy Goes Public: The Latest in the New Wave of U.S. Data Privacy Laws
Organizations face an ever-steeper mountain of personal information and new laws, rules, and regulations that aim to protect it. Further, the impact of the COVID-19 pandemic has raised new information protection challenges that weren’t even on the map two years ago. This panel of data privacy and security Sherpas will take you on a scenic hike through the rugged data privacy landscape, discuss proposed legislative measures on the horizon, report on the state of CCPA/CPRA enforcement and litigation, and share some takeaways from recent enforcement actions by the SEC, FTC, NYDFS, and other regulators.
Materials:
PowerPoint Slide Deck (PDF Format)
The session evaluation form and attendance certificate request are available here.
11:00 AM - 12:00 PM
Defining “Reasonable Security Measures” When it Comes to Data Protection
No organization can achieve airtight, hermetically sealed security, so the legal standard for compliance with most data security regulations is that the security measures in place be “reasonable.” But what does that mean? The Sedona Conference’s Working Group 11 on Data Security and Privacy Liability published a Commentary in 2021 that evaluates what “legal test” a court or regulatory body should apply, or what other approach it should follow, where the issue is whether the organization has met that legal obligation. A Contributing Editor to the Commentary will summarize its main points and address your questions.
Materials:
PowerPoint Slide Deck (PDF Format)
The Sedona Conference, Commentary on a Reasonable Security Test, 22 SEDONA CONF. J. 345 (2021)
The session evaluation form and attendance certificate request are available here.
1:30 PM - 2:30 PM
Do You Know Where Your Company’s Crown Jewels Are? Does Someone Else? Trade Secrets as an Information Asset
In the fast-paced technological world, trade secrets and confidential business intelligence may be the organization’s most valuable assets. Unfortunately, these largely digital assets are often overlooked in the formal Intellectual Property portfolio and many organizations have no comprehensive policies or procedures for managing and protecting them, the value of which is largely dependent on how well they are managed and protected from unauthorized disclosure. Members of Sedona Conference Working Group (WG12) will discuss their newly published guidance on protecting trade secrets and business confidences throughout the information and employment lifecycles.
Materials:
PowerPoint Side Deck (PDF Format)
The Sedona Conference, Commentary on the Governance & Management of Trade Secrets (April 2022)
The session evaluation form and attendance certificate request are available here.
1:30 PM - 5:00 PM
When Data Is Held Hostage: A Tripartite Workshop on Best Practices for Preventing, Responding to, and Recovering from a Ransomware Attack
Ransomware can shut down your entire organization, with costly and sometimes deadly consequences. It hits you hard and unexpectedly, and you need to make a split-second decision: Should you try to recover the data yourself? Should you call the cops? Should you by pay the ransom? What compliance and reporting obligations might you have? What could you have done to protect your data from attack in the first place? In this special three-hour workshop, we do a deep dive into different aspects of ransomware with the help of experts in data security, data management, law enforcement, privacy liability, insurance, and corporate and public communications.
Materials:
PowerPoint Side Deck (PDF Format)
The Sedona Conference Incident Response Guide (January 2020)
The session evaluation form and attendance certificate request are available here.
4:00 PM - 5:00 PM
Cacophonies of Collaborative Chaos: Managing Non-traditional Forms of ESI Stemming from Video Conferencing and Third-Party Collaboration Platforms
2020-21 will likely go down in Information Governance history as the era of Zoom, Teams, GoToMeeting, and other workplace and social collaboration platforms that combined video, text, document distribution, and near-total IG anarchy. This session will discuss how companies can effectively manage data generated by these often opaque, resource-intensive, potentially risky, and incredibly popular video and business collaboration apps.
Materials:
PowerPoint Side Deck (PDF Format)
The session evaluation form and attendance certificate request are available here.
Thursday, May 12, 2022
8:30 AM – 9:30 AM
IG Does Not Stand For “In Google”: Understanding and Navigating Records Management and eDiscovery in the G-space
We live in the information era, and no one disagrees that companies have access to an unprecedented amount of data. So naturally, managing data assets from a reliability perspective becomes increasingly complex. Those complexities can grow more nuanced when managing data and conducting eDiscovery entirely in the cloud. Come learn how Google Workspace – affectionately dubbed “the G-space” – differs from M365 in these important respects.
Materials:
PowerPoint Side Deck (PDF Format)
EXAMPLE: Google Vault Policy & Workflow Checklist