2016 NorCal

July 17-18, 2016


The Ritz-Carlton, Half Moon Bay

2016 NorCal eDiscovery & IG Retreat

The NorCal eDiscovery & Information Governance Retreat is an informative and interactive gathering of corporate executives, in-house lawyers, outside counsel, judges, thought leaders, subject matter experts and top-rated eDiscovery & information governance service and technology vendors. While there is widespread agreement that information governance is important and necessary, there is far less agreement as to how an effective and legally defensible information governance program should be designed and implemented.

Our panel discussions, “war stories” and lessons learned will explore what companies are doing to organize and create policies specifying how their information – primarily electronic information – is created, stored, used, archived and deleted. We will look at the processes companies are using to maximize the use of their information, the debate as to which stakeholders should be involved in these processes, and whether adequate standards exist or need to be created in this area. The panels will also examine the interaction between legal issues and information governance efforts, including the effect of litigation holds, pending litigation, regulatory requirements and fear of discovery sanctions.

Whether you are new to the eDiscovery and information governance industry and seeking more information or want to increase your existing expertise, our Retreats will allow you to explore the latest issues and strategies with knowledgeable and experienced consultants, technologists, lawyers, thought leaders and your peers – all in one of California’s most beautiful places to visit: Half Moon Bay

With a full agenda of educational sessions, scheduled networking events, and family-friendly locations, you won’t want to miss out on the opportunity to learn about these key issues in this relaxed setting. We invite you to explore our website, contact us with questions, and join us at this upcoming Retreat – where questions are answered at unquestionably scenic locations.


Join us for one day of discussions about the hot topics in eDiscovery and information governance. You’ll come away with a better understanding of current trends, best practices and emerging technologies.


Ritz-Carlton, Half Moon Bay
1 Miramontes Point Rd
Half Moon Bay, CA 94019
Phone: (650) 712-7000
Website: www.ritzcarlton.com


San Francisco International Airport
PO Box 8097
San Francisco, CA 94128
Phone: (650) 821-8211
Website: www.flysfo.com/
Airlines: www.flysfo.com/flight


$425/Night. Please email info@thinkingenious.com for reservation instructions.





Today’s world is one of constant change, instability and disruption. Where ever you look, existing companies in existing industries are seeing their leadership challenged by a range of disruptive upstarts. From Uber, to Airbnb, from Fanduel to Waze, new companies are ignoring conventional rules and outmaneuvering corporate giants. What if there was a formula for how these companies cause disruption? What if it was possible to understand how these upstarts, these “Jerks,” do what they do? What if causing “Jerk” was knowable, and you could apply it to your business, too?
In this keynote, award-winning author Christopher Surdak will discuss his new book, “Jerk, Twelve Steps to Rule the World” coming this summer. He will discuss the formula for causing Jerk in any industry, and what existing companies must do to respond to these Jerks, while there is still time.

Sponsored By
eDiscovery practitioners have learned how the power of statistical approaches are important tools for TAR, and many use statistics rather than judgmental sampling to QC final rounds of review. A truly defensible process, however, would apply statistically valid QC from start to finish. Learn how Gilead Sciences and other corporations apply statistically significant QC at all stages of their processes to make their processes truly defensible.

Sponsored By
Employing Analytics throughout the eDiscovery process allows legal teams to accelerate case understanding, make informed decisions on strategy, and defensibly reduce data sets. This panel will explore ways practitioners can utilize analytics to gain a more efficient document review and lower overall costs.

Sponsored By
Harbor Ligation Solutions
Self-Service models, data streaming and automation technologies are changing our lives daily. Apps like If This Then That and Stringify allow us to automate control of our homes as well as downloading photos of us from social media sites.Thanks to the advent of technology like Pandora and Netflix, streaming is now part of everyday vocabulary. This panel will cover the arrival of data streaming and automation in the eDiscovery arena while adding the simplicity of the Self-Service model. With Ipro’s integrated and experienced software, you can now have complete peace of mind about your data and what type of engine is running in the background. We’ll discuss current tools and how to apply them to reduce cost, errors and time required to process and review your document collection.

Sponsored By
Learning to drive is not easy and takes experience. So does gaining competency in dealing with eDiscovery. In 2015, The State Bar of California Standing Committee on Professional Responsibility and Conduct issued formal opinion no. 2015-193 stressing the importance of competency when handling electronically stored information (ESI). Whether your duty to provide competent legal representation is specific (like in California) or general (like in almost every other state), eDiscovery practitioners should take note of a new, technological ethics paradigm. Whether you are implementing ESI preservation procedures or running searches during review, this session will walk through the specifics of California’s competence duty and how it applies behind-the-wheel of an eDiscovery project in any state.

Sponsored By
More than 90% of all cases settle prior to trial, and Early Case Assessment (ECA) can allow an organization to estimate risk when deciding whether to prosecute or defend a case. Emplying analytics during ECA can reduce costs and enable more informed judgements during the early stages of discovery, In this interactive panel discussion, our team of experts will discuss their experience in employing ECA and the new age of integrating analytics early in the process.

The panel will include:
- Strategies on performing an ECA risk/benefit analysis;
- A new way of thinking; employing analytics in ECA?
- How does technology fit into the process? We will include a discussion of challenges and lessons learned.

Sponsored By
Government investigation activity is on the rise, and presents significant challenges and opportunities with respect to eDiscovery. This panel will share actionable best practices to help you maximize your efficiency and defensibility in responding to requests. We will cover such topics as: when and how to negotiate; data collection strategies and trade-offs; processes and workflows for managing large data volumes and tight timeframes; technology assisted review opportunities; production best practices; and selecting the right partner(s).

Sponsored By
In the first decade of this century, eDiscovery reached a tipping point, giving rise to a wide and ever-increasing range of eDiscovery tools and services to help litigation teams triage data based on what is "relevant" to a dispute. But litigation does not start or stop at the eDiscovery process and, as the volume of data filtered through the eDiscovery process has increased, so too the amount of "highly relevant" key documents and other information critical to winning a case has grown exponentially. This panel will explore this new, critical tipping point in litigation and how lawyers, paralegals, and other litigation professionals try to wrangle thousands – often, tens of thousands – of “highly relevant” documents to make their case through depositions, summary judgment, hearings, and trial.

Sponsored By
- The EU/US privacy shield, where do we stand and what do we know? Practical ways of continuing business in a time of uncertainty. How will the recent Brexit vote effect this already tenuous political agreement?
- Preservation Sanctions and the FRCP 37(e) - With a greater number of ways to store ESI than ever before preservation and proportionality is more important than ever. We will take a brief look at how the courts have handled the new sanctions requirements governing the loss of ESI.
- Bring your own device or BYOD has all but completely overtaken company issued devices but what are the short and long term ramifications? Potential overtime issues, preservation and control problems all raise concerns that can be minimized through best practices in policy formation.
- Cybersecurity and data breach - As the government seems to be moving towards extending the strict regulations we see in the healthcare, financial, and other regulated sectors what can counsel do to fulfill discovery obligations while safeguarding data?

Sponsored By
This panel will examine the recent changes to the FRCP, with a focus on analyzing federal decisions interpreting the revisions. In addition, the presentation will cover the practical implications of the amendments, a number of which are significant and require changes in litigation practices. Chief among these are the revisions to Rule 34, which now requires increased specificity for objections and a statement of any documents withheld. Other big ticket changes include those to Rule 26, affecting the scope of what is discoverable, and Rule 37(e), which completely removes the ineffectual safe harbor provision for loss of electronically stored information and replaces it with arguably uniform standard for preservation failures.

Sponsored By
For many reasons, patent litigation is rightly considered a horse of a different color - including in the way that eDiscovery is and ought to be approached. This panel will explore tips and best practices for eDiscovery in patent litigation, from fashioning litigation holds, to focusing the scope of discovery, to using offensive and defensive discovery tactics to ensure that your client is best positioned for trial.

Sponsored By
When Rule 26(b)(1)’s definition of the “General Scope of Discovery” was amended late last year to add a proportionality component and delete the “reasonably calculated to lead to the discovery of admissible evidence” standard, commentators variously predicted a massive paradigm shift in the discovery of ESI or business as usual. A panel of practitioners will talk about what has really happened, both in terms of the cases decided under the new rule and from their practical experiences litigating it.

Sponsored By
This panel will focus on preservation obligations with respect to a company’s social media presence and discuss the implications of social media policies and collection strategies in an increasingly social and mobile world. The panel will consider the impacts of social media as part of business operations and marketing on information governance, including potential concerns related to the international flow of data.

Sponsored By
CNA logo-2
This panel will cover considerations that attorneys should take into account when in possession of any client data from an information security perspective. Coverage will include both technical considerations, best practices and policies, as well as practical advice to steer clear of ethical violations.
The panel will specifically address the following topics that often arise in trade secret investigations and litigation:
- Information storage, retention, and remediation
- Device management
- Phishing and social engineering
- Security considerations
- Cloud storage and ethical considerations

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