The Corporate Counsel's Advanced Forum on

CLE
CREDITS

EARN

Document Retention and E-D Discovery

September 22 and 23, 2004
The New York Marriott East Side, New York City

Day I
Wednesday, September 22, 2004

Developing and Implementing Document Retention Policies to Protect Your Organization Day II
Thursday, September 23, 2004

Limiting the Scope and Cost of Electronic Discovery

With an expert faculty including senior counsel from:

EXXONMOBIL GENERAL MOTORS MICROSOFT CIGNA TYCO

Get a complimentary copy of the 2004 Socha-Gelbmann Electronic Discovery Survey

Register for Day I, Day II or both. Plus, add value to your attendance with one or two post-conference workshops on Friday, September 24.

A B

How to Prepare an Effective Defense Response to an Electronic Discovery Request How to Successfully Conduct an Electronic Discovery
Sponsored by: Media Partner:

Plus!

Hear from a panel of 4 federal court judges on what they look for in e-discovery cases

Register now:

1-888-ACI-2480

www.AmericanConference.com

CO-CHAIRS

Gregory S. McCurdy Senior Counsel, Microsoft Daniel L. Regard II Senior Managing Director, National Leader, Electronic Evidence & Consulting, FTI Consulting Edward C. Wolfe Office of General Counsel General Motors Corporation
SPEAKERS

The Corporate Counsel's Advanced Forum on

DOCUMENT RETENTION AND E-DISCOVERY

Many recent high profile cases have made it abundantly clear that the millions of e-mail messages and other corporate communications and records which flow through today's organizations are ticking time-bombs. Reducing the chances that those bombs will explode and ensuring that documents are appropriately handled has become a critical and complex challenge of today's corporate counsel. Whether the blow up comes from discovery, inappropriate destruction or otherwise, in-house counsel and their advisors need to know how to go on the offensive to prevent the criminal and civil penalties and negative publicity that can result. They also need to need know how to appropriately protect the organization once it is at risk of an e-discovery fishing expedition. To guide you through this challenging environment, American Conference Institute has developed this high-level and unique program which focuses on both preventive and reactive strategies. It brings together an outstanding faculty of top electronic discovery experts, inhouse counsel, judges active in e-discovery cases and leading attorneys who will provide you with invaluable information and insights on: How to develop and implement an effective corporate document retention policy How to protect the privacy of electronic documentation How to minimize the risk of creating a bad document The newest legal developments in document retention and e-discovery How to strategically use e-discovery to gain a tactical advantage How to successfully contain the costs of electronic discovery

James Batson, Liddle & Robinson Charles A. Beach Co-ordinator, Corporate Litigation, ExxonMobil Corporation Steven C. Bennett, Jones Day Alan F. Blakley Alan F. Blakley & Associates Francis J. Burke, Jr. Steptoe & Johnson LLP Adam I. Cohen Weil Gotshal & Manges Honorable Robert Collings U.S. Magistrate Judge, District of Massachusetts Cynthia Courtney Senior Counsel, Cigna Honorable John M. Facciola U.S. Magistrate Judge District of Columbia Joseph Falgani Special Counsel, Sedgwick, Detert, Moran & Arnold Joan E. Feldman President and Founder Computer Forensics Inc. Jeffrey S. Follett, Foley Hoag LLP Honorable James C. Frances IV U.S. Magistrate Judge Southern District of New York Dominic J. Gianna Middleberg Riddle & Gianna Honorable John J. Hughes U.S. Magistrate Judge District of New Jersey Joe Looby, FTI Consulting Allen McNee President, Document Management Services , Merrill Corporation James Mittenthal Baker Robbins & Company Jim Michalowicz Litigation Program Manager, Tyco International Paul M. Robertson Bingham McCutchen LLP Thomas J. Smedingdoff Of Counsel, Baker & McKenzie George J. Socha, Jr. Socha Consulting LLC Jayant "Jay" Tambe, Jones Day Michael P. Zweig Leob & Leob LLP (New York, NY)

One highlight of this program will be the judges panel. You will hear important insights from highly experienced e-discovery judges who will provide the view from the bench that no in-house counsel, litigation manager or attorney can do without. It will be followed by a courtroom demonstration by two of the nation's top-notch lawyers on how to properly argue an e-discovery motion. Plus, dont miss the invaluable in-house counsel roundtable! Find out how some of the nation's largest corporations have established document retention policies and deployed them effectively in litigation. Don't miss this rare opportunity to get practical real-life insights into how to master this complex issue. Register for Day I, Day II or both days now by calling 1-888-ACI-2480, fax your registration form to 1-877-927-1563, or register online at www.AmericanConference.com. You can also add value to your attendance with the post-conference workshops see inside for details. We look forward to greeting you in New York.

Day I: Wednesday, September 27, 2004 Developing and Implementing Document Retention Policies to Protect Your Organization 7:15 8:15 Registration and Continental Breakfast Co-Chairs Opening Remarks
Gregory S. McCurdy Senior Counsel, Microsoft (Redmond, WA) Daniel L. Regard II Senior Managing Director, National Leader Electronic Evidence & Consulting FTI Consulting (Washington, D.C.) Edward C. Wolfe Office of General Counsel General Motors Corporation (Detroit, MI)

9:30

Developing and Implementing Effective Corporate Document Retention Policies

Joan E. Feldman President and Founder Computer Forensics Inc. (Seattle, WA) Jeffrey S. Follett Foley Hoag LLP (Boston, MA) Jim Michalowicz Litigation Program Manager Tyco International (New York, NY)
Understanding what your company wants to accomplish with a document retention policy Effectively communicating with management: why invest in procedures? - the severe consequences of not having a policy: Anderson - the enormous benefits from developing a policy - due diligence for a business deal/merger Electronic documents and e-mail - successfully dealing with enormous volume - storage options - techniques to make retrieval of documents less painful and costly Categorizing documents What to destroy and how to destroy it properly How your records management system can hurt you in court Documenting the policy: stating what you have for enforcement security What works best in forms of the policy? - formal policies by department with consistent upgrading - no formal policy: dealing with sets of guidelines and practices - what works better by industry

8:30

Nationwide Analysis of Legal Trends and Developments in Document Retention and Production
Francis J. Burke, Jr. Steptoe & Johnson LLP (Phoenix, AZ) Paul M. Robertson Bingham McCutchen LLP (Boston, MA)
Recent cases and developments affecting document retention and production across the U.S. The complexity of the law defining a document in the electronic age: - why electronic documents and e-mail are not confined to the four corners of litigation - how electronic documents challenge earlier conceptions of the law - the changing parameters of the rules and how will they evolve? Handling the new and emerging sources of electronic evidence in document retention programs and the new legal requirements Due diligence, traps and ethical considerations Weighing the validity of electronic information as legal evidence: - fear of susceptibility of alteration - how is back-end data (metadata) being presented to support validity? - evolving standards on reliability as evidence of different forms of media The legal requirements for proving a clean chain of custody in court Sanctions for non-compliance: why the issue is so important for all in-house counsel across the country

11:00 11:15

Networking Coffee Break

Best Practices for Storing and Retrieving Documents

Allen McNee President, Document Management Services Merrill Corporation (St. Paul, MN) James Mittenthal Baker Robbins & Company (New York, NY)
How companies are balancing competing considerations: - cost - volume and capacity for storage - purposes of retention - ability to retrieve and manage When and how to outsource document retention and recovery What to do when litigation is primarily handled by outside counsel Co-ordinating responsibilities in document retention and production What are some of the trends?

12:15

Networking Luncheon for Delegates and Speakers

Register now: 1-888-ACI-2480 fax 1-877-927-1563 www.AmericanConference.com

LUNCHEON ADDRESS
Looking into the E-Discovery Crystal Ball: Whats Ahead? George J. Socha, Jr. Socha Consulting LLC (St. Paul, MN)

3:45

How to Minimize the Risk of Creating a Bad Document

Joseph Falgani, Special Counsel Sedgwick, Detert, Moran & Arnold (Newark, NJ) What is a bad document? Why bad documents are created Communicating a bad message without creating a bad document Sensitizing employees to litigation risks in corporate documents Recognizing corporate areas where bad documents are most dangerous Dealing with bad documents when they are created Special concerns regarding the creation of electronic documents Creating a corporate culture of Safe Communication: some practical steps

1:45

How to Protect the Privacy of Corporate Documentation

Thomas J. Smedingdoff Of Counsel, Baker & McKenzie (Chicago, IL)
The expanding legal duty to protect the security and privacy of corporate information The developing legal standard for information security How much security does the law require? Who has the responsibility for security and how is it carried out? Developing a legally appropriate security program Dealing with privacy issues raised by outsourcing When are documents under the scope of Gramm-Leach-Billey and what protections must be instituted for compliance? International standards: strict standards from the EU and Canada Accounting for confidentiality agreements in document retention policies and production requests

4:30

Conference Adjourns Day II: Thursday, September 23, 2004 Limiting the Scope and Cost of Electronic Discovery

7:30 2:30 Monitoring and Auditing Your Document Retention Policy

Daniel L. Regard II Senior Managing Director, National Leader Electronic Evidence & Consulting FTI Consulting (Washington, D.C.) Edward C. Wolfe Office of General Counsel General Motors Corporation (Detroit, MI)
Why drafting and implementing a policy is not enough What type of training is needed? - instructions - in-house classes What is the solution for employee non-compliance? - better training - effective monitoring - integration into core systems How to handle the challenges of portable tools: laptops and PDAs Periodic reviews of a document policy - does the practice reconcile with set goals? - effectively conducting an audit - who conducts the audit? Avoiding inconsistent application Suspension of a policy during the threat of litigation - what constitutes a threat? - what is the scope of the supervision? - escalation hierarchy - when to NOT suspend your policy

Continental Breakfast Co-Chairs Opening Remarks The Newest Legal Developments in Electronic Discovery
Adam I. Cohen Weil Gotshal & Manges (New York, NY) Gregory S. McCurdy Senior Counsel, Microsoft (Redmond, WA)
The most recent cases and news in e-discovery - review of successful plaintiff cases - how defendants have used ground-breaking cases to their advantage Defining and working with the evolving nature and legal redefinition of electronic discovery Important new legal developments that impact discovery requests Will electronic discovery require new rules? What are the changes contemplated under Rules 16, 26 and 34? Applying the ABA civil discovery standards Newest legal developments emerging from the Sedona Conference and how they will impact electronic discovery

8:00 8:15

9:15

How to Strategically Use/Resist Electronic Discovery to Gain an Important Tactical Advantage in Your Case
For the Plaintiff James Batson Liddle & Robinson (New York, NY)

3:30

Networking Refreshment Break

Register now: 1-888-ACI-2480 fax 1-877-927-1563 www.AmericanConference.com

Alan F. Blakley Alan F. Blakley & Associates (Missoula, MT)

For the Defence Dominic J. Gianna Middleberg Riddle & Gianna (New Orleans, Baton Rouge, LA) Michael P. Zweig Leob & Leob LLP (New York, NY) The Discovery Process
Strategies for making and responding to discovery requests Effective deposition strategies How electronic discovery has become the shock and awe weapon of the plaintiffs bar and how defendants can counter it Cutting-edge best practices to keep on top of trends in e-discovery How to level the playing field when facing technically savvy opponents Avoiding the spoliation trap: new approaches to data preservation The risks of adequately finding and preserving potentially discoverable data Why ill-advised approaches to finding data can be expensive The danger of e-mail in corporate litigation How to develop and implement solid strategies for moving data through the entire life cycle including litigation without incurring significant corporate disruption Strategies for working effectively with electronic discovery

10:45

How to Successfully Contain the Costs of Electronic Discovery

Steven C. Bennett Jones Day (New York, NY) Francis J. Burke, Jr. Steptoe & Johnson LLP (Phoenix, AZ)
Why electronic discovery can become so expensive Effective strategies to keep down the costs of finding e-mails, retained tapes and hard drives - dealing with hidden costs: privilege/relevance/confidentiality review - what are the legal/technical solutions to reduce costs? What are the courts saying about the distribution of costs in e-discovery? Using the marginal utility test: McPeek v. Ashcroft/Rowe Understanding the all-important Zabulake case: - accessibility and the Federal Rules for cost distribution - quality of access allowed by the media used for storage - differences from Rowe Where does Zabulake leave litigants? - recent applications and interpretations - should the test apply beyond the area of back-up tapes? How much sense does the traditional division of costs make for electronic discovery?

11:45

Deploying/Countering Forensic Technology

When is something deleted or erased? What can be dredged up by computer forensics? Making the call for a forensics professional to examine an opposing litigants storage material - what are the circumstances where it will help your case? - drawbacks and costs to carefully consider - when to request a forensics investigation - what to look at when choosing a service provider Playing defense: how to oppose or limit a forensics request When the courts set standards on when forensics exams are appropriate: is it simply a cost judgment?

E-Triage: First Strike and First Response

Joan E. Feldman President and Founder Computer Forensics Inc. (Seattle, WA) Jayant Jay Tambe Jones Day (New York, NY)
Writing targeted, effective electronic discovery requests Preserving electronic evidence - what is required - does it differ from responsibilities to preserve traditional evidence? Information-gathering through massive amounts of data - what technology can be used to search? - what is required by the Federal Rules of Civil Procedure? - fighting back against inappropriate and onerous requests What are the options for production format? Can information be dumped? Dealing effectively with privilege concerns and confidentiality issues The discovery of trade secrets and sensitive material Checklists for the client, the court and the opposition

Defense Tactics Every In-House Counsel Should Know

Devising the non-defensive defense Discovering and revealing the iceberg Educating the electronic illiterate Using the Rowe factors offensively Tailoring the response to the opponents Sending the early message The visual protective order

10:30

Networking Coffee Break

12:45

Networking Luncheon for Delegates and Speakers

Register now: 1-888-ACI-2480 fax 1-877-927-1563 www.AmericanConference.com

1:45

In-House Counsel Roundtable: Lessons Learned from Electronic Discovery

Moderator Dominic J. Gianna, Middleberg Riddle & Gianna (New Orleans, Baton Rouge, LA) Panel Charles A. Beach Co-ordinator, Corporate Litigation ExxonMobil Corporation (Irving, TX) Cynthia Courtney Senior Counsel, Cigna (Bloomfield, CT) Gregory S. McCurdy Senior Counsel, Microsoft (Redmond, WA) Edward C. Wolfe, Office of General Counsel General Motors Corporation (Detroit, MI)
What every corporate counsel must know about electronic discovery What effective corporate counsel must do long before litigation begins How to establish legal procedures for reviewing documentation Lessons from the trenches How experienced corporate counsel have dealt with dicey e-discovery experiences Actual case studies in e-discovery

sides? Hear a panel of experienced judges on the cutting edge of electronic discovery cases discuss the latest developments. Youll also get valuable courtroom advice on how to conduct both sides of a case. Following the presentation, two of the nations top electronic discovery lawyers will demonstrate how to effectively conduct an e-discovery hearing. In a mock trial situation, they will argue the motion for both the scope and cost of e-discovery in a simulated fact mock trial. The motion material before the Court will be provided as precedents to the registrants.
Whats involved in an e-discovery motion? What is specifically required in the documents before the Court that needs to be filed on behalf of the plaintiff? What must a defendant show to successfully rebut the plaintiffs case? What kinds of evidence should both sides file? What are the tips that judges would give to lawyers in the preparation and argument of the motion? Dos and donts before the judge How to avoid the traps that many counsel can fall into in these motions What are the best techniques to ensure a successful motion outcome?

5:30

Conference Concludes A MUST-ATTEND EVENT FOR

3:15 3:30

Networking Refreshment Break What Judges Look for in Electronic Discovery Cases: Tips, Traps and Techniques
Moderator Steven C. Bennett, Jones Day (New York, NY) Panel Honorable Robert Collings U.S. Magistrate Judge District of Massachusetts (Boston, MA) Honorable John M. Facciola U.S. Magistrate Judge District of Columbia (Washington, D.C.) Honorable James C. Frances IV U.S. Magistrate Judge Southern District of New York (New York, NY) Honorable John J. Hughes U.S. Magistrate Judge District of New Jersey (Trenton, NJ) Plaintiff Demonstration Counsel James Batson Liddle & Robinson (New York, NY) Defense Demonstration Counsel Paul M. Robertson Bingham McCutchen LLP (Boston, MA)
What do judges think it takes to successfully bring a motion for production of e-discovery evidence? What do they see as the strengths and weaknesses in the presentation of plaintiff and defense cases? What kinds of recommendations would they give to counsel on both

M o c k Tr i a l D e m o n s t r a t i o n

In-House Corporate and Litigation Counsel Attorneys in Complex Litigation Product Liability Attorneys Technology Attorneys Corporate Litigation Managers Electronic Discovery Consultants

Scholarships
Partial scholarships to attend American Conference Institute programs are available to government, academics, judges, law students and nonprofit organizations. Call Customer Service for information at 1-888-ACI-2480.

Continuing Education Credits

Accreditation will be sought in those EARN jurisdictions requested by registrants which have continuing education requirements. To request credit, please check the CREDITS appropriate box on the Registration Form. ACI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 13.75 hours. Each workshop receives 3.5 credit hours. This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 16.5 credit hours. Each workshop receives 4 credit hours.

CLE

Sponsorship Opportunities
Maximize your companys visibility in front of key decision-makers in your target market! For more information, contact Senior Business Development Manager Sarah Currie at 1-888-224-2480 ext. 281 or by e-mail at s.currie@AmericanConference.com

Register now: 1-888-ACI-2480 fax 1-877-927-1563 www.AmericanConference.com

Optional Post Conference Workshops Friday, September 24, 2004

How to Prepare an Effective Defense Response to an Electronic Discovery Request 9:00 a.m. 12:30 p.m.

How to Successfully Conduct an Electronic Discovery: An In-depth Look at the Traps and Techniques 1:30 p.m 5:00 p.m.

Joan E. Feldman President and Founder Computer Forensics Inc. (Seattle, WA) Dominic J. Gianna Middleberg Riddle & Gianna (New Orleans, Baton Rouge, LA) James Mittenthal Baker Robbins & Company (New York, NY)
When responding to a request for electronic data, making the right decisions at the start is vital to ensuring a controlled and accurate production. IT staff can be invaluable in executing normal business operations and internal procedures. But when it comes time to making decisions about how to collect certain information for the purpose of review and, ultimately production, you will need a great deal more than technical expertise. What are the best procedures to follow? And what kind of system can be established to deal with the request in the most expeditious way? This hands-on workshop will provide you with the answers. You will be exposed to the most effective strategies that can be used by a corporation to quickly and efficiently comply with requests for electronic production. Led by three of the leading experts in the field of electronic discovery a litigator and corporate consultant you will learn cutting edge techniques on how to comply with a complicated problem with the least time and expense. You will learn how to: Make valid objections to document requests - making the argument for overbreadth - dealing with the test of undue burden Deny wide-scale access Shift the costs to the requesting party Overcome the problems with electronic footprints Deal with deleted documents Use meta data as a fertile source of information and evidence Deal with evidence that has been spoiled Argue sanctions motions

Alan F. Blakley Alan F. Blakley & Associates (Missoula, MT) Joe Looby FTI Consulting (New York, NY Jayant Jay Tambe Jones Day (New York, NY)
E-mail and its discovery are no longer reserved for the exceptional case: it has now become a way of life for the litigator and corporate counsel. Knowing what to seek and how to gather evidence from electronic documents, however, can be tricky and complicated. As one court recently noted: At some point, a party and/or its attorneys must be held responsible for knowing what documents are discoverable and where to find them. Are you fully prepared to meet that test? This hands-on workshop will provide you with the answers. You will be exposed to the most up-to-date and proven strategies on how to conduct an electronic discovery. Led by three experienced e-discovery litigators from both a plaintiff and defendant perspective you will learn how to: Properly frame a discovery request for all of the required information - databases - web activity - source of e-mail - the types of e-mail systems and changes in the system - information storage locations and options How to limit the search - by date and time - author/recipient - file types - redundant e-mails How to demonstrate that the corporation took affirmative reasonable steps to preserve information How to target deleted information Reigning in and exposing the opponents efforts to search information Use various discovery tools and tactics

Joan E. Feldman is founder and president of Computer Forensics Inc. in Seattle, Washington. She has provided electronic risk/records consulting to corporations for over 10 years. Dominic J. Gianna is a founding partner with the New Orleans office of Middleberg, Riddle & Gianna. He is an experienced electronic discovery lawyer who has been recognized as one of Americas master advocates. He has acted for both plaintiffs and defendants and has advised many corporations on how to successfully avoid the pitfalls inherent in the e-discovery process. James Mittenthal is a principal with Baker Robbins & Company in New York. With a vast amount of experience in e-discovery, he has been retained by lawyers and corporations across the United States to assist them in preparing for electronic discovery.

Alan F. Blakley is a leading plaintiffs' attorney who is chair of the Federal Litigation Section of the Federal Bar Association. He has extensive experience in electronic discovery and has edited two books on electronic information and is currently working on a rewrite of a book titled, Mastering Written Discovery. Joe Looby is a principal with FTI Consulting in New York. He has a depth of knowledge and vast experience advising corporations about e-discovery and document retention. Jayant Jay Tambe is an attorney in the New York office of Jones Day and has acted for various American corporations in document retention and electronic discovery.
American Conference Institute, 2004

Register now: 1-888-ACI-2480 fax 1-877-927-1563 www.AmericanConference.com

The Corporate Counsel's Advanced Forum on

Document Retention and E-D Discover y

September 22 and 23, 2004
The New York Marriott East Side 525 Lexington Avenue, New York City

EASY WAYS TO REGISTER

Tel: 1-888-ACI-2480 Fax: 1-877-927-1563 Online: www.AmericanConference.com Email: mktg@AmericanConference.com PRIORITY SERVICE CODE
ATTENTION MAILROOM: If undeliverable to addressee, please forward to: LEGAL COUNSEL, LITIGATION MANAGER

! ! # "
!

American Conference Institute 41 West 25th Street, New York, NY, 10010

YES! Please register the following delegate for Document Retention and E-Discovery
(Please photocopy for additional delegates) NAME ___________________________________________ POSITION _________________________ ORGANIZATION _____________________________________________________________________ ADDRESS __________________________________________________________________________ CITY ____________________________ STATE ________________ ZIP CODE __________________ TELEPHONE ________________________________ FAX ___________________________________ EMAIL _____________________________________________________________________________ TYPE OF BUSINESS __________________________________ NO. OF EMPLOYEES _____________

I wish to receive _______________Education Credits in ______________________state FEE PER DELEGATE I wish to attend Day I and Day II $1699 I wish to attend Day I Document Retention 664L05-NYC $899 Day II e-Discovery 702L05-NYC $899 Add one workshop $600 A e-Discovery Defense B Conducting e-Discovery Add both workshops $1100 Total: __________________________

I cannot attend but would like information regarding conference materials PAYMENT Please invoice me Please charge my VISA MasterCard AMEX Number __________________________________________ Exp. Date _______________________ Signature _________________________________________________________________________ I have enclosed my check for $___________________ made payable to American Conference Institute (T.I.N.98-0116207)
Please add me to your mailing list I would like to receive information by fax I would like to receive information by e-mail I do not wish to receive mailings from other companies Please delete me from your mailing list

HOTEL RESERVATIONS A limited number of rooms has been set aside until August 20, 2004 for conference registrants at The New York Marriott East Side Hotel at a discounted rate of $299 for a single/double room. For reservations, please call (212) 755-4000. REGISTRATION FEE The fee includes the conference, all program materials, continental breakfasts, lunches and refreshments. CANCELLATION AND REFUND POLICY Substitution of participants is permissible without prior notification. If you are unable to find a substitute, please notify American Conference Institute in writing up to 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid, redeemable against any other American Conference Institute

conference. If you prefer, you may request a refund of fees paid less a 15% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. American Conference Institute reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by American Conference Institute for changes in program date, content, speakers or venue. INCORRECT MAILING INFORMATION If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 416-927-1061, or email at data@American Conference.com.

VOLUME DISCOUNT

Any firm or company registering three people at the same time will be entitled to a fourth registration free of charge. Not to be combined with any toher offer. Conference materials will be available for purchase after the conference. To reserve your copy or to receive a catalog of other American Conference Institute titles call 1-888-ACI-2480.

PAY M E N T M U S T B E R E C E I V E D P R I O R T O T H E C O N F E R E N C E