2019 IPRO Tech Show

 

Sedona Track Sessions
Tuesday April 30, 2019

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Session 1, 10:30 a.m.

Legal Holds for Collections and Preservation

It’s been almost 15 years since Judge Shira Scheindlin announced in Zubulake v. UBS Warburg that whenever an organization reasonably anticipates litigation, it has a duty to undertake reasonable and good faith actions to preserve discoverable information. Since then, courts across the United States have affirmed the broad scope of this duty and cautioned that reasonable anticipation can occur long before suit is filed or a subpoena is served. As a result, a new industry evolved to go beyond managing legal holds themselves to providing a platform for investigations, collection, processing, search, culling and preservation. The Sedona Conference recently released the Second Edition of its Guidelines for Legal Holds for public comment. Our speakers, the drafting team leaders on the project, will speak about the Guidelines and the following topics:

  • The impact of the 2015 amendments to the Federal Rules
  • Determining the scope of the duty to preserve: recent court interpretations
  • The “reasonableness” standard in implementing preservation
  • The responsibilities of outside counsel in implementing preservation
  • Consequences for failing to meet legal hold obligations

Panelists

Slide Deck - Click here to dowload.

Materials

1.1 The Sedona Conference Commentary on Legal Holds, Second Edition: The Trigger & The Process, Public Comment Version (December 2018)
1.2 The Sedona Conference Principles and Commentary on Defensible Disposition, Public Comment Version (August 2018)
1.3 Catalyst IT Handbook for Smart People, Legal Hold and Collection

Session 2, 11:30 a.m.

GDPR, CCPA and More: Round-up of State Federal and International Privacy Rules

First came GDPR, with its new rules for EU data. Next came the California Consumer Privacy Act, the first to impose GDPR-like rules in the U.S. Other states and perhaps even the federal government are not far behind. This program will discuss the new privacy laws change the way eDiscovery is done in the 2020. Security rules have become more stringent, clients are now responsible for vendor errors and you will have to control how your subcontractors do business. The program will help you prepare for, and adjust to, the rapidly evolving privacy and data security environment that we all face today and, more importantly, will face tomorrow. Topics for dialog in this session include:

  • Understanding the long arm of the GDPR and how it affects eDiscovery
  • Preparing for the California Consumer Privacy Act, even if you don’t do business in California
  • A rundown of new privacy efforts by state and local governments
  • How to do eDiscovery business in this era of individual privacy

Panelists

Slide Deck - Click here to download.

Materials

2.1 The Sedona Conference Data Privacy Primer (January 2018)
2.2 The Sedona Conference International Investigations Principles (May 2018)
2.3 The Sedona Conference International Litigation Principles on Discovery, Disclosure & Data Protection in Civil Litigation (Transitional Edition) (January 2017)
2.4 The Sedona Conference Practical In-House Approaches for Cross-Border Discovery and Data Protection (June 2016)
2.5 The Sedona Conference Commentary on Privacy and Information Security: Principles and Guidelines for Lawyers, Law Firms, and Other Legal Service Providers (November 2015)
2.6 Caitlin Fennessy, IAPP FAQs: Are GDPR-compliant companies prepared for CCPA? (April 2019)
2.7 Mitchell Noodyke, IAPP Privacy Tracker: US state comprehensive privacy law comparison (April 2019)

Session 3, 1:30 p.m.

Social Media and Mobile Devices – Updated Guidance on Preservation, Processing, and Producing Obligations

Email, word processing documents, spreadsheets, databases – these have been the staples of eDiscovery for years, but they are quickly being overshadowed by other forms of ESI:

  • Social media discovery is now standard in almost all civil litigation
  • Text messaging is more prevalent than email in today’s business environment
  • Third-party apps are replacing the applications and data that used to be behind the firewall

These developments present new logistical challenges for the preservation, processing, and production of ESI. In this session, members of The Sedona Conference Working Group Series will discuss:

  • Recently-published guidance on social media discovery
  • Updated guidance on BYOD discovery and governance
  • Amendments to the Federal Rules of Evidence designed to facilitate the admission of ESI as evidence – and their impact on the way ESI should be preserved and collected
  • Information Governance decisions being made today that may impact the scope and method of social media, text, and third-party app data preservation and collection tomorrow

Panelists

Slide Deck - Click here to download.

Materials

3.1 The Sedona Conference Primer on Social Media, Second Edition (February 2019)
3.2 Susan M. Usatine, Why Email Is Dying and What It Means for Litigators (April 10, 2019)
3.3 The Sedona Conference Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations (May 2018)
3.4 The Sedona Conference Commentary on Rule 34 and Rule 45 “Possession, Custody, or Control” (August 2016)

Professional Continuing Education Credit

Each of the Sedona Track sessions is eligible for one hour of Mandatory Continuing Legal Education (MCLE) credit in Arizona and most other states. Session 2 is also eligible for one hour of IAPP Continuing Professional Education (CPE) credit. To obtain credit for any session, you must have attended that session in person and signed in with your name, bar number (if applicable), and email address. A certificate of attendance will be emailed to you shortly after the conference. If you have questions regarding MCLE or CPE credit, please contact The Sedona Conference at [email protected].