Past Events

This is our third year of hosting the Conflict Litigation eDiscovery Forum. Here are the agendas from past events.

2016 Agenda

The 2016 Complex Litigation E-Discovery Forum was organized by Brian Clark and Lockridge Grindal Nauen in Minneapolis, Minnesota.

September 23, 2016

 All activities on September 23rd were held at the Minneapolis Club (729 2nd Ave S, Minneapolis, MN 55402).

8:30 – 8:55 | Breakfast/Networking time

8:55 – 9:00 | Welcome & Introduction

9:00 – 10:00 | Discussion: Proportionality a year after the Amendments

Discussion Leaders:  Annika Martin (Lieff Cabraser Heimann & Bernstein), Jacksy Bilsborrow (Weitz & Luxenberg), and Zachary Wool (Barrios Kingsdorf & Casteix)

This discussion revisited the amendments to the Federal Rules in December 2015.  The discussion explored what experience and case law have revealed to be the most effective strategy for plaintiffs to ensure we had a full opportunity to pursue discovery.

10:00 – 10:15 | Break

10:15 – 10:45 | Demonstration: Text Message & Other Cell Phone Data

Presenter:  Mary Frantz, Managing Partner, Enterprise Knowledge Partners

Few of us have had the opportunity to see what the full scope of data is that can be easily captured from Defendants’ employees’ cell phones.  This demonstration gave a quick overview of that process and allowed time to answer questions anyone may have had.

10:45 – 11:45 | Discussion: Big Data & Storylines

Discussion Leaders:  Brian Clark (Lockridge Grindal Nauen P.L.L.P.) & Whitney Street (Block & Leviton, LLP)

The myriad of communications technologies available through discovery present challenges, especially when plaintiffs can in many cases only obtain the “log” detail of a communication rather than the actual content, such as phone records, travel & expense data, and text message log data.  The discussion focused on strategies for integrating together disparate communications sources and building a timeline of conduct for a conspiracy, bad act, or other issues plaintiffs in complex litigation must explain.

11:45 – 1:00 | Lunch

1:00 – 1:30 | Demonstration: Predictive Coding

Presenter:  Jon Kerry-Tyerman, VP Business Development at Everlaw

This demonstration focused on of how predictive coding can be integrated into existing organizational structures for plaintiffs’-side document reviews.

1:30 – 2:30 | Discussion: Negotiating a State of the Art ESI Protocol

Discussion Leaders:  Brian Clark (Lockridge Grindal Nauen P.L.L.P.) & Eric Fierro (Keller Rohrback L.L.P.)

This discussion presented some ideas on the key provisions for plaintiffs in ESI Protocols and discussed the pros/cons of agreeing to defendants’ insistence on certain provisions.

2:30 – 2:45 | Break

2:45 – 3:45 | Discussion: Document Review Strategies

Discussion Leaders: Veronica Glaze (Pearson, Simon & Warshaw, LLP) & Don Sawyer (Keogh Law, Ltd.)

Discussion included the use of shared spaces for sharing review work product, training for reviewers, foreign language review work flows, organization of teams by subject matter/deponent/defendant, etc.

3:45 – 5:30 | Happy hour

2015 Event Agenda

September 25, 2015

All activities on September 25th were held at the Minneapolis Club.

8:30 – 8:55 | Breakfast/Networking time

8:55 – 9:00 | Welcome & Introduction

9:00 – 10:00 | Document Review

Discussion Leaders:  Dan Warshaw & Veronica Glaze, Pearson, Simon & Warshaw, LLP

This session included discussion of the best review platforms, whether and/or how technology assisted review can improve plaintiffs’-side document review, issues with vendor section and contracting, different strategies to facilitate the flow of information from document reviewers to decision makers on a case, and successes and failures in previous document reviews.

10:00 – 10:15 | Break

10:15 – 11:15 | Data Sources

Discussion Leaders:  Brian Clark (Lockridge Grindal Nauen P.L.L.P.) & Eric Mandel (Zelle Hofman Voelbel & Mason LLP)

Conflicts and ESI data sources to be collected in complex cases are critical for plaintiffs to win, but plaintiffs’ attorneys seldom have an opportunity outside the heat of battle to discuss the merits of various approaches. Discussion also focused on custodian vs. server based searches, smart phone-based data, cloud-storage, and structured data.

11:15 – 11:30 | Break

11:30 – 1:00 | Lunch

1:00 – 2:00 | Proportionality

Discussion Leaders:  Annika Martin (Lieff Cabraser Heimann & Bernstein), Jacksy Bilsborrow (Weitz & Luxenberg), and Zachary Wool (Barrios Kingsdorf & Casteix)

This hot button issue will increasingly affect the ability of plaintiffs in complex litigation to obtain sufficient discovery to prove their claims. With new proportionality requirements in the federal rules coming into effect in the near future, what is the most effective strategy for plaintiffs to ensure we have the opportunity to pursue discovery? The topic was forward-looking to allow the group to strategize on how the plaintiffs’ bar can most effectively counter a push for “proportionality” by Defendants that seems motivated primarily by an ability to limit truth-seeking.

2:00 – 2:15 | Break

2:15 – 3:15 | Search Method

Discussion Leader: Don Sawyer (Freed Kanner London & Millen LLC) & Brian Clark (Lockridge Grindal Nauen P.L.L.P.)

Discussion included the pros and cons of pushing for Defendants to use keyword search vs. technology assisted review, plus best practices to ensure proper statistical validation of any search conducted.

3:15 – 3:30 | Feedback about event/discussion of planning future event

3:30 – 5:30 | Happy hour