PREX Archives

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Presentation Materials and Slides

2016

Session 1A: Managing Compliance

Managing Compliance

A good preservation strategy begins before the trigger event with a “culture of compliance.” Want to achieve 100% acknowledgment rates to litigation holds? Creating awareness and understanding among the general employee population is the way to start. Learn how your peers have worked to instill preservation awareness and compliance across their organizations, as well as approaches that worked to get buy in from HR and IT.

Slides [PDF] | Session Materials

The New Rules – The New Reality

The New Rules – The New Reality

How have the changes to the Federal Rules of Civil Procedure, and in particular Rule 26 and Rule 37(e), impacted the way counsel prepares for and responds to litigation? Is the proportionality calculus changing? How have decisions on preservation and spoliation been impacted during 2016? Our expert panel will share their perspectives and offer practical tips.

Slides [PDF] | Session Materials

The Perfect Preservation Notice

The Perfect Preservation Notice

Okay, it doesn’t exist. However, this session will explore best practices for implementing an effective legal hold process, what to include, and how to avoid common mistakes. See an annotated notice, so you can see where to go right.

Slides [PDF]  | Session Materials

Session 2B: The Art of Cooperation

The Art of Cooperation

All we need here is a little cooperation. Sounds an awful lot like “just get along” — but how does the reality of our adversarial system align with a need to cooperate during preservation and discovery. This session will explore successful tools and techniques
for fostering collaboration to better negotiate a reasonable scope of discovery and drive down costs. This session will also explore how proportionality does (or not) apply to preservation, and the role of cooperation amongst stakeholders and adversaries.

Slides [PDF]Session Materials

Keynote — Judge Shira Scheindlin: Looking Back, Looking Ahead

In her first public appearance since stepping down from the bench, Judge Scheindlin speaking with Maura Grossman will revisit the key opinions that shaped data preservation and electronic discovery such as her seminal Zubulake opinions, Pension Committee, and others. She will also reflect on the recent amendments to the FRCP, and look ahead to consider what challenges face the civil justice system.

Case Law by the Clock — 12 Cases in One Hour Flat

Case Law by the Clock — 12 Cases in One Hour Flat

A staple session of PREX has always been our case law review. This year, we are adding a new twist: a stopwatch. Our judges will present a summary and glean the interesting elements of the case. In order to cover as many cases as possible and keep it moving, we have asked them to distill out the key facts and the “takeaways” for attendees.

Slides [PDF] | Session Materials

To Collect or Not To Collect, That is the Question

To Collect or Not To Collect, That is the Question

In the past, collect-to-preserve was the norm. Now, preserve in place is a viable strategy too. This conversation will look at both options and when it is appropriate to apply each strategy. The topics will explore what is needed in either approach, including how to verify compliance when preserving in place, and when it makes sense to collect ESI yourself or when to outsource it. Finally, how do you get outside counsel on board and what audit trails you must keep to mitigate risk.

Slides [PDF] | Session Materials

Session 3B: Preservation and Privacy — Beyond Safe Harbor

Preservation and Privacy — Beyond Safe Harbor

On February 29, 2016, the European Commission published a proposed set of regulations known as the EU-US Privacy Shield, as a replacement for the Safe Harbor Framework. This session will provide an update on data privacy expectations and the European Union since the Schrems case, and how data protection is impacting strategies for cross-border data issues.

Slides [PDF] | Session Materials

Session 4A: Building a Bullet-Proof Preservation Plan

Building a Bullet-Proof Preservation Plan

Take a look inside of a preservation plan that has been used in the wild. Several litigation support leaders will show you what they use, as well as what it took to get there including some pro tips on how to collaborate with HR, IT, Records Management and Risk Management. Finally, what pitfalls are out there and how to avoid them.

Slides [PDF] | Session Materials

Session 4B: Embracing Emerging Technologies

Embracing Emerging Technologies

Innovative organizations are constantly seeking ways to leverage new technologies and data infrastructure to meet evolving business needs. Employees are constantly seeking ways to use the latest and greatest applications and devices. The result is a constant drumbeat of emerging technologies that legal teams need to be prepared to handle. This panel will explore ways to mitigate risk and address the challenges of both preserving and capturing new forms of ESI.

Slides [PDF]Session Materials

Simplifying Cross-Department Complexity

Simplifying Cross-Department Complexity

Every workplace is adapting to the new reality of technology and increasing complexity. No one department can do it all anymore, but how do you make sure that you are not duplicating efforts, and that your cross-department projects don’t end up in a black hole? Learn what is working and what isn’t, and how your Legal, Legal Operations, Records Management and IT can all work in complement with each other. Come away knowing the right questions to ask as well as key processes that you can put in place.

Slides [PDF] | Session Materials

When Preservation Goes Wrong

When Preservation Goes Wrong

Preservation is never about perfection. What happens when things go wrong? Data is lost. A custodian fails to act properly. Or the other side is suspected of not acting in good faith. This panel will share their war stories and practical advice on how to best respond when things go wrong.

Slides [PDF] | Session Materials

The New Law Department Professional

The New Law Department Professional

Legal professionals often need to lead the charge in implementing corporate initiatives aimed at reducing costs and mitigating risks associated with e-discovery, introducing new technologies, or changing corporate culture. This panel will explore how a new breed of law department professionals are helping to make Legal “run like a business” and gain control over the e-discovery process.

Slides [PDF] | Session Materials

Session 6B: Information Governance and Preservation

Information Governance and Preservation

It all starts with Information Governance? This session will explore the intersection of IG and ED, and provide practical tips for leveraging your organization’s governance initiatives to improve your e-discovery readiness. How can technology, processes and people be brought together to identify and rid your organization of redundant, outdated, and trivial data before your preservation obligation hits.

Slides [PDF] | Session Materials

Closing Keynote — System Instability

A “strategic inflection point” is a major change in the competitive environment. Strategic inflection points are dangerous to companies – because if you miss it, you lose everything. The general assumption, however, is that “strategic inflection points” are relatively infrequent: that is, we operate in long periods of relative stability with punctuated moments of instability which are represented by these inflection points, and which are often missed; one must be on one’s toes. However, we are entering (if not already in) a period of prolonged instability punctuated by moments of stability across markets. The exact opposite.

2015

Session 1: State of Preservation Today

State of Preservation Today

Setting the stage for the conference with a review of the past 12 months and how the ediscovery landscape is evolving, including a discussion on the upcoming changes to the Federal Rules and how you can be better prepared to confidently respond to preservation challenges.

Slides [PDF] | Session Materials

Session 2: Preservation and Enterprise Information Strategies

Preservation and Enterprise Information Strategies

Many C-Suites and Boards are investing heavily in Big Data, Cloud and Information Governance initiatives for their organizations to be competitive in the digital age. This panel will explore how you can leverage these well-funded corporate initiatives to drive e-discovery preservation values deeper into your organization. You will leave with strategies for driving preservation awareness into the C-Suite and Board to ensure that it is part of your enterprise-wide information strategy and help mitigate (rather than aggravate) e-discovery costs and risk.

Slides [PDF] | Session Materials

Session 3A: The Essential Preservation Plan

The Essential Preservation Plan

Okay, it doesn’t exist. However, this session will explore best practices for implementing an effective legal hold process, what to include, and how to avoid common mistakes. See an annotated notice, so you can see where to go right.

Slides [PDF]  | Session Materials

Session 3B: The New Law Department Professionals and Big E-Discovery

The New Law Department Professionals and Big E-Discovery

Come explore how a new breed of law department professionals just may be the great new hope for solving the big problem of big e-discovery costs. With the pace of information growth, the practice of collecting the same data from the same custodians, and paying multiple times for processing, storage and review just isn’t sustainable. What approaches are these new Directors of Legal Operations or Chiefs of Staff, with their
charter to make legal “run like a business,” taking to shrink eDiscovery spend? What strategies do Directors of Legal Technology have in play to rein in eDiscovery costs and build a more efficient approach? A provocative group of professionals will share what they are doing to make eDiscovery a more cost-efficient business process.

Slides [PDF]Session Materials

Session 4A: Building The Preservation-Ready Organization

Building The Preservation-Ready Organization

How do you ensure an organization that is ready, willing and able to execute a
preservation protocol? Picking up after last year’s session, this panel will focus on how you to build a culture where people across the organization understand e-discovery risks and carry out proper process and protocols. The panel will share practical advice on such tactics as program charters, protocols, training, employee awareness, and compliance monitoring.

Slides [PDF]Session Materials

Session 4B: Preservation and Information Governance

Preservation and Information Governance

A staple session of PREX has always been our case law review. This year, we are adding a new twist: a stopwatch. Our judges will present a summary and glean the interesting elements of the case. In order to cover as many cases as possible and keep it moving, we have asked them to distill out the key facts and the “takeaways” for attendees.

Slides [PDF] | Session Materials

Session 5A: Global Data Protection and Preservation

Global Data Protection and Preservation

Global data protection and privacy continue to raise concerns about how an organization ensures legal obligations are met while protecting the privacy of its employees. This panel will provide a recap on e-discovery issues related to global data protection and expanding privacy requirements. The discussion will focus on insights for how corporations can balance privacy issues such as access, storage, data protection and cross border data movement, with the rights of individuals across a global landscape of rules and cultures.

Slides [PDF] | Session Materials

Session 5B: Snapshot of Collection Practices Today

Snapshot of Collection Practices Today

On February 29, 2016, the European Commission published a proposed set of regulations known as the EU-US Privacy Shield, as a replacement for the Safe Harbor Framework. This session will provide an update on data privacy expectations and the European Union since the Schrems case, and how data protection is impacting strategies for cross-border data issues.

Slides [PDF] | Session Materials

Session 6: Balancing Adversarial Strategy and E-Discovery Cooperation

Balancing Adversarial Strategy and E-Discovery Cooperation

If Shakespeare was a judge frustrated by e-Discovery delays in his court today, his famous quote may have read: “the first thing we do is kill all the zealous lawyers!” Why do some lawyers continue to obfuscate information at “meet & confer,” or aggressively argue on e-discovery minutia that delays things and runs up costs? This panel will explore how lawyers can balance the idea of cooperating with long-held beliefs about zealous client advocacy. Seasoned litigators will discuss how they “cooperate” for efficient e-discovery, yet still fight the good fight for their clients. The two strategies are not mutually exclusive – in the Digital Age they are critical to every lawyer’s duty of competent representation.

Slides [PDF] | Session Materials

Conference Keynote–Finding Our Data in the Year 2020

Finding Our Data in the Year 2020 – Conference Keynote

What will the IT landscape look like in 5 years? What data types and devices are around the corner to challenge traditional approaches to e-discovery? What will corporate GCs need to be prepared for in 2020 and beyond?

Technology is changing our world at a blistering pace. Today our businesses and lives rely on devices that are barely a decade old. What technology advances and changes can we anticipate in the next five years? And how will we make use of this data for electronic discovery? This veteran technologist with experience from startups through Fortune 50 companies will paint a picture of our digital future by exploring the rapidly advancing technologies. He will make you aware of current data sources and the complexities associated with their collection that you may not have even heard about yet.

Slides [PDF] | Session Materials

Session 9: Preservation and The Evolving IT Landscape

Preservation and The Evolving IT Landscape

Given a brief glimpse into the future of IT, how must our organizations respond when it comes to e-discovery planning and strategies? Big data and the ever-expanding list of new types of data and storage devices can boggle the mind of even the most seasoned e-discovery professional. How must our policies and processes evolve as data becomes more mobile and global? How do we train our legal teams, our custodians and our IT professionals to respond to the anticipated pace of change? What processes and technologies do we need for ensuring defensible and cost-effective approaches to preserve, collect and review data in the future?

Slides [PDF] | Session Materials

Session 10: Judicial Panel

Judicial Panel

This flagship session will conclude with the judicial view on legal holds, case law trends and preservation best practices. The conference is honored to welcome back distinguished jurists from across the nation who have written some of the seminal opinions in electronic discovery. Our esteemed panel will also share their reflections and thoughts from the conference and will answer questions from the audience.

Slides [PDF] | Session Materials

PREX Proceedings Archive

Zapproved's Most Recent Case Law Summaries

Throughout 2017, courts continued to illuminate how considerations of proportionality, cooperation and FRCP Rule 1 should be applied to ensure the just, speedy and inexpensive resolution of issues.

These E-Discovery Case Law Summaries include several cases addressing discovery burden and cost shifting, and how proportionality factors from Zubulake and Rule 26(b) can inform a court’s decision to impose additional discovery or shift discovery costs.

Magistrate rejects claims of “innocent” mistakes to find intentional spoliation

BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 15 C 10340, 2018 WL 1616725 (N.D. Ill. Apr. 4, 2018). In this breach of contract case, the defendant, Capital Premium Financing, Inc. (“CPFI”), moved for spoliation sanctions against BankDirect Capital...

Court sanctions defendant for falsifying Skype transcripts

GoPro, Inc. v. 360Heros, Inc., No. 16-cv-01944-SI (N.D. Cal. Mar. 30, 2018). In this trademark infringement and unfair competition case, the court denied the plaintiff’s motion for summary judgment but granted in part its motion for sanctions. The court imposed an...

Ford sanctioned nearly half a million dollars for material misrepresentations

Johnson v. Ford Motor Co., No. 3:13-cv-06529 (S.D.W. Va. Dec. 27, 2017 and Mar. 22, 2018). In two separate opinions, the court held that the defendant made material misrepresentations during the course of discovery and determined that it should pay nearly half a...

Absence of a “smoking gun” doesn’t mean information is irrelevant

Equal Emp’t Opportunity Comm’n v. FedEx Ground Package Sys., Inc., No. 2:15-cv-256 (W.D. Pa. Mar. 21, 2018). In this extensive employment discrimination case, the court denied the defendant’s motion to preclude discovery of 193 gigabytes of email data. It also refused...

Only slight prejudice from willful spoliation without bad faith

De Simone v. VSL Pharms., Inc., No. TDC-15-1356, 2018 BL 91133 (D. Md. Mar. 16, 2018). In this intellectual property dispute, the court imposed monetary sanctions for the plaintiff’s spoliation of company documents, but rejected a motion for dismissal or for adverse...

Producing documents before responsiveness review violates FRCP

U.S. ex rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. Mar. 8, 2018).In this qui tam action, the defendant previously produced hundreds of thousands of native-format documents without reviewing or numbering them. The court found this inadequate and ordered...

Court Refuses Disproportionate Production of ‘Every Shred’ of Evidence

Nece v. Quicken Loans, Inc., No. 8:16-cv-2605-T-23CPT (M.D. Fla. Feb. 27, 2018). In this proposed class action about unwanted phone solicitations, the plaintiff moved to compel a production that would require the defendant to review at least 3 million emails. The...

Court Finds Production of Archived Backup Tapes Proportional

The Physicians Alliance Corp. v. WellCare Health Ins. of Ariz., Inc., No. 16-203-SDD-RLB (M.D. La. Feb. 27, 2018). In this breach of contract case, the plaintiff moved to compel the production of archived communications relating to custodians who no longer worked for...

Court Simply Finds Further Discovery Neither Relevant nor Proportional

In re Simply Orange Orange Juice Mktg. & Sales Practices Litig., MDL No. 2361 (W.D. Mo. Jan. 23, 2018). In this order, the court addressed the plaintiffs’ motion — after years of ongoing discovery — to compel additional discovery of information encompassing five...

Return of Case Law by the Clock!

Learn What Federal Judges Really Think You read case law and court opinions all the time; they’re integral to maintaining a current understanding of the ediscovery landscape. But how often do you get to hear what federal district and magistrate judges really think?...

The Zapproved Case Law Library 2008-2017