2016 Northeast

Sept 25-26, 2016


Ocean Edge Resort & Golf Club

2016 Northeast eDiscovery & IG Retreat

Our Retreat is an informative and interactive gathering of corporate executives, in-house lawyers, outside counsel, judges, thought leaders, 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 Massachusetts' most beautiful places to visit: Cape Cod

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.


Ocean Edge Resort & Golf Club
2907 Main Street
Brewster, Massachusetts 02631
Phone: (508) 896-9000
Website: www.oceanedge.com/


Boston Logan International Airport
1 Harborside Dr
Boston, MA 02128
Phone: (800) 235-6426


Please email info@thinkingenious.com for reservation instructions.





Last December, meaningful and extensive amendments were made to the Federal Rules of Civil Procedure concerning discovery. In particular, the Rules now emphasize proportionality in defining the scope and limits of discovery under Rule 26(b), change how parties are expected to respond and object to discovery requests under Rule 34(b), and codify sanctions for failure preserve ESI under Rule 37(e). This panel will discuss how federal courts are applying the amended rules and what practice points can be gleaned from the decisions.

Sponsored By
Predictive coding is here to stay, but why isn’t it being utilized more? Discussion of the barriers to predictive coding as well as discussion of other litigation technology trends.

Sponsored By
In today's global economy businesses operate within a complex web of legal, cultural and linguistic challenges. As data grows exponentially, large volumes of potentially relevant ESI may now contain a host of different languages, often in a variety of media formats. In the context of electronic discovery, the demands are the same no matter what language. The question is: Are we prepared?

Our panel will discuss how law firms can leverage multi-language review teams when designing a foreign language workflow, including the proper use of human translations and technology when dealing with large data volumes.

Sponsored By
A panel led discussion meant to drive audience question and participation regarding the most relevant trends of the year.
The panel will include:
- 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 - While it seems that most law firms have either been insulated from the recent spate of cyber-attacks, or have managed to stay out of the news, cybersecurity has become an important part of the national discourse. 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
Successful companies abide by a fundamental business principle: “If you can’t measure it, you can’t manage it.” Lawyers and electronic discovery professionals, however, have been slow to adopt this bedrock tenet, relying instead on reactive and subjective approaches. As regulatory requirements, data volumes and types, and budget pressures mount, proactively managing litigation portfolios, including by appropriately levering data science, can provide huge differentiated value and cost savings. Our panel of experts will discuss how pre-defined and legally defensible managed discovery programs foster faster identification of responsive and critical information, more efficient and predictable spending, and better litigation outcomes.

Sponsored By
The 2015 Schrems decision by the Court of Justice of the European Union, the resulting invalidation of the US-EU Safe Harbor Agreement, and the recent EU approvals related to the replacement framework of the EU-US Privacy Shield have focused much attention on the legal requirements and limitations associated with data protection and privacy. Information governance programs must take such requirements and limitations into account in order to reduce risks associated with non-compliant collection, use, and transfer of individuals’ personal information.

Sponsored By
A defensible Litigation Hold Policy provides guidelines and a framework for case-related preservation. What are the differences between a simple and complex litigation hold?

Sponsored By
A number of excellent model ESI protocols and Electronic Discovery plans exist and may be rapidly located on various websites. However it is quite difficult to find model TAR protocols and stipulations. What should a TAR protocol contain and what would a model TAR protocol look like?

Sponsored By
Unlike law firms and accounting firms which hold client records in a custodial or fiduciary capacity, some organizations are contracted or funded by entities which may retain the rights to the records that are created. When these complex situations occur, how does this affect the information governance initiatives for the organization, and how does the organization fulfill its' obligation to the entity?

Sponsored By
While bringing eDiscovery in-house can be a daunting task, the savings are considerable and the advantages to being able to leverage an eDiscovery platform without significant spend allow for a more creative use of the process

Sponsored By