LIT-Con, October 15-16, 2009


	SESSIONS Thursday, October 15, 2009 8:30 a.m. – 9:30 a.m. Opening General Session Risky Business: Mitigating the Risk of Malpractice Suits Panelists: Kenneth Landis, Margaret Hepper, John Montaña, and Anthony Davis Is poor information management putting your firm and attorneys at risk for malpractice suits? Join representatives of law practice malpractice insurance companies and counsel for a discussion of the latest trends in malpractice claims and how to mitigate the risks of the claims causing financial and PR devastation to the firm. 9:30 a.m. – 11:00 a.m. Risk Management in Today's Law Firm – An Integrated Approach Presented by: Beth Chiaiese, CRM, MLIS Today's law firm is faced with many risk management challenges and requirements. This session will focus on the elements of an integrated risk management and compliance program for the modern firm. Attendees will learn about: The legal and ethical bases for a law firm risk management program Specific areas of risk management and compliance The structure of an integrated program The role of the law firm General Counsel and risk administrator The intersection of policy, process, people and technology Lateral Hires: Due Diligence, Conflicts, and Other Risk Management Concerns Presented by: Thomas Paradise and Jenny Schwendemann This session will review the lateral hire process as well as touch upon integration issues. Discussion will focus on the criteria needed for conducting trustworthy due diligence and what information must be provided to run conflicts for potential new business and ensure ethical conflicts are avoided. Litigation Readiness: The Impact of the Records Management Program Presented by: Bryan Foster and Betty McAlvany, CRM Corporations are just beginning to navigate the often confusing waters of records management and litigation readiness. The complimentary and converging interests of the records management department and general counsel's office often uncover opportunities for improvement in identifying results during a litigation event which highlight exposure to increased costs and risk. Attendees will engage in a frank and open discussion regarding the pitfalls and opportunities possible during the design and implementation of a litigation readiness (records management) program. Attend this session to: List advantages gained during discovery of a previously implemented records management program List the key requirements of formulating an action and defense strategy for e-discovery Understand the implications of a variety of analytical software to aid in the management of data and discovery of electronic information 1:00 p.m. – 2:45 p.m. Information Governance: Element and Benefits Presented by: Pam Downs and Stacey Fiorillo Information Governance, from the corporate and legal perspectives, brings classification, direction, and order to the ever-increasing information chaos. Information Governance improves business agility, provides confidence that information used is accurate, authoritative, and reliable, allows trust that operational processes are defensible, and assures that courses-of-action are cost effective. Compliance with regulatory and legal requirements (e.g., state data privacy laws, HIPAA, litigation, Federal rules, etc.) is defensibly accomplished with minimal business interruption if there are policies, processes, defined legal holds and enforced standards. The convergence of systems, policies and processes has significant implications for all stakeholders – including business, IT, legal, compliance, and audit partners. Explore how information management policies and compliance assessments can be leveraged as significant risk avoidance mechanisms, especially in a litigious economic climate. Take the journey to look through the GRC (governance/regulatory/compliance) lens in an era of increasing regulation and compliance requirements to explore the elements, benefits and impact of Information Governance in today's business climate. Automating New Matter Intake Workflow: Managing conflicts, Minimizing Risk Moderated by: Bob Dolinsky Panelists: Ann Ostrander and Jenny Schwendemann New matter opening is an important client service, risk management and operations challenge. This session will focus on automating the new matter intake process and will address issues and challenges such as: assessing what attorneys don't like about the process, casting the right net for conflicts, managing and staffing new matter opening, ensuring that ethical walls are established, communicating with clients as well as internally, making the process efficient and how firms are successfully automating the process. 3:30 p.m. – 5:00 p.m. Collaborate to Mitigate: Panel Discussion Moderated by: David Cunningham Panelists: Dave Rigali, Beth Chiaiese, John Isaza, Esq., and Richard Patterson This session explores the roles, responsibilities, and collaborative working arrangements appropriate for the IT department and risk management department (or similar) in the governance, risk management and compliance activities relevant to legal environments. Join industry experts from varying perspectives as they weigh in with their experience and case studies. Relevant areas of risk management to be discussed include legal, strategic, IT, practice, financial, operational, and environmental risks. Processing Departing Attorneys Moderated by: Charlene Wacenske Panelists: Thomas Paradise and Mary Pat Poteet An associate finds an opportunity at another law firm. They make a phone call to IT declaring that they would like to take their e-mail with them. What do you do? What questions do you ask? Whose permission do you seek? What are the firms' protocols for this situation? Law firms have become transient and in the age of electronic "everything" the record keepers are left with the challenge of preserving what are necessary and purging what is not. Retention policies and legal holds only serve to complicate the issue and risk to the firm for mishandling things is no small quandary. Come listen to how our speakers' law firms are handling this challenge. Be prepared to participate with your comments and questions. The Legal Case Against Creating Unnecessary Electronic Records Presented by: Jon Neiditz The cost of litigation continues to soar. Much of that expense occurs during discovery, and searches through e-mail are the major drivers of discovery-related expenses. Most e-mails, however, are transitory communications that are neither desirable nor necessary to keep. This session demonstrates why and how new communication technologies can reduce costs and risks to your organization, and explains how to implement these technologies in a manner that complies with law and protects against legal risks. Attend this session if you'd like to learn: How e-mail and IM proliferate through organizations, and the costs and risks associated with the records they leave Why it is perfectly legal to limit the creation of unnecessary electronic documents How to reduce discovery expenses and devote more time to meaningful efforts How to control electronic communications and collaboration in your company To be aware of a practical and legal complement to e-mail that can reduce costs and risks Friday, October 16, 2009 8:30 a.m. – 10:00 a.m. Data Leakage Prevention (DLP): Don't Buy Into the Hype! Presented by: Richard Patterson Don't think of DLP as a product, but as a process. Many products that exist in your environment today are DLP tools. This session will help you identify the problem, and what tools and processes will best help you reduce your risk in the area of data leakage. Internal E-Discovery Policy and Procedure Moderated by: Mary Pat Poteet Panelists: Ann Ostrander and Adam Hansen Your firm has been sued. What happens next? Clients face this situation and are counseled to have their information house in order, but when the tables are turned and your firm is at risk, are you prepared? Now is the time to look at how your firm handles legal holds, subpoenas and destruction orders that directly impact your firm's data. This session will identify the roles IT and records in the process and help you review your firm policies and procedures. Learn which changes to consider making to your current processes based on best practices. Join this panel of experts as they discuss the right answers to the questions when and if they're ever asked. Information Risk Management for Legal Professionals: Are You Prepared for Increased Regulations and Litigation? Presented by: Jason Robman With more regulations and increased litigation having an immediate effect on law firms, corporate legal departments, and almost all businesses, everyone is struggling to reduce the risks and costs associated with electronically stored information (ESI). Vital information is scattered across organizational data sources, such as e-mail systems and archives; laptops; desktops; transactional systems and databases; document management systems; records management systems; and many more locations – all of which are potentially subject to investigations and litigation. If you are involved in risk management or compliance, are you able to timely respond to ESI requests from your in-house or outside counsel in an efficient, cost-effective manner? New technologies and processes are being developed so organizations can effectively conduct a risk assessment of its ESI retention program, proactively prepare for litigation and investigations, and dramatically lower costs – all while actually improving the defensibility of its legal, compliance, and records management programs.This session will cover the following topics: Is your company capturing and preserving all of its business records in a documented and defensible manner? Current IT systems that were not designed for risk assessments, such as e-mail archives, are being utilized ineffectively. What alternatives are available to address the specific issues of e-mail? What are the risks and challenges in regard to collecting and preserving data residing on highly mobile devices, such as laptops, external hard drives, and PDAs? What are the risks associated with adopting a "preserve in place" policy? How can emerging technologies combined with well designed processes better prepare your organization? 10:30 a.m. – Noon 7-Steps for Legal Holds of ESI and Other Documents Presented by: John Isaza, Esq. and John Jablonski, Esq. Based on their recently released ARMA International book of the same title, Isaza and Jablonski will walk the audience through the seven steps they have identified for effectively managing the legal hold process. The session will begin with an overview of spoliation and the importance of legal holds, followed by a detailed discussion of the Oversight Committee and the recommended criteria for this most important element of the legal hold process. At the conclusion of this session, participants will: Identify trigger events for legal holds and potential spoliation Identify the scope of what to put on hold Enumerate and follow the 7 steps needed for effectively managing the legal hold process Analyze the criteria needed to form the Legal Hold Oversight Committee Retention and Best Practices for Emerging Communication Technologies Presented by: Charlene Wacenske and Scott Christensen E-mail. Instant messaging. Blogging. LinkedIn. Facebook. Twitter. What's next? Evolving and emerging technologies constantly affect the way law firms communicate. Firms must stay apprised of the changing technology landscape by addressing new communication and retention challenges as a result of these new technologies. In this session, learn how these technologies are being applied to the law firm environment and gain insight to the best practices. E-Discovery: Why Most Enterprise Implementations Fail to Make the Grade Presented by: Kon Leong As e-discovery shifts from reactive to proactive, the challenges multiply. Most e-discovery systems installed to date are inadequate to the task, broken by the sheer volume of data. To cope, vendors have tried to restrict e-discovery functions to match limited capabilities, e.g., doing custodian searches when a search across all mailboxes is required. However, such tactics lead to incomplete results, which could precipitate serious liability exposure, such as inadvertent waiver of privilege or inadequate early case assessment. This session lifts the hood on e-discovery, examines the inadequacies of the available solutions, and provides a list of hard questions to ask vendors to minimize risk of system failure. Attendees will: Lift the hood on e-discovery Examine the inadequacies of available solutions Obtain a list of hard questions to ask vendors to minimize risk of system failure Noon – 1:30 p.m. Lunch & Learn: Future Trends in Risk Management Sponsored by: CA 1:30 p.m. – 3:00 p.m. Mitigating the Risks of Unified Communications Presented by: Dave Rigali Unified communications promises to pave the way for more collaborative business practices and greater productivity, it also promises to keep your General Counsel or Risk Management Director up at night. Real time communications like IM, VolP, web and audio conferencing made easily accessible bring with them inherent risks including security, compliance and e-discovery. Learn how early adopters are mitigating these risks and realizing the benefits of this new technology. Business Impact Analysis Workshop Presented by: Richard Patterson and Adam Hansen You know you have lots of IT "stuff," but what do you really need to do protect as part of a DR/BC program? Few firms have a dedicated business continuity professional within their IS organization, yet the need is as crucial. This workshop will give you the tools, templates, links, and resources you need to get the job done, even if it isn't in your job description! You will have a "virtual briefcase" that will reduce the disaster risk in your firm, no matter its size or budget. Reducing Costs with In-House E-Discovery Presented by: James D. Shook, Esq., CIPP Electronically stored information (ESI) is growing exponentially. Yet, it is time consuming and costly to identify and collect ESI for litigation, compliance, and investigations. Legal teams also need to conduct early case assessments, reduce legal review costs and mitigate the risk of fines and sanctions. To address the challenges of e-discovery, efficient, accurate, and repeatable processes must be put in place to automate the collection, preservation, processing, and review of ESI. This session will highlight the steps of the Electronic Discovery Reference Model (EDRM) and provide an understanding of how in-house solutions and repeatable processes can significantly reduce e-discovery costs and risk. Attend this session to learn how to: Improve e-discovery effectiveness by producing relevant information quickly, accurately, and defensibly Conduct early case assessment to determine case merit and effective legal strategies Lower review costs dramatically by culling down result sets to only highly relevant data Reduce outsourcing costs with in-house, automated, repeatable e-discovery processes 3:30 p.m. – 5:00 p.m. Closing General Session The Realities and Risks of Social Media Presented by: Meredith Williams Social media encompasses a broad sweep of online activity from present technology to blogs, wikis, networking, etc. In the legal environment, when used incorrectly or inappropriately social media can cause ethical issues. How do we manage our employees social media usage and prevent ethical violations? Do these types of technology simply create a new way of advertising? Or do they create an attorney/client relationship? These and other questions will be addressed in this session. In addition, you will receive sample checklists and templates to help in drafting social media guidelines for your organization.	Premier Media Sponsor Media Sponsors

Copyright © ARMA International 2009

SESSIONS

Thursday, October 15, 2009

8:30 a.m. – 9:30 a.m.
Opening General Session

Risky Business: Mitigating the Risk of Malpractice Suits
Panelists: Kenneth Landis, Margaret Hepper, John Montaña, and Anthony Davis

Is poor information management putting your firm and attorneys at risk for malpractice suits? Join representatives of law practice malpractice insurance companies and counsel for a discussion of the latest trends in malpractice claims and how to mitigate the risks of the claims causing financial and PR devastation to the firm.

9:30 a.m. – 11:00 a.m.
Risk Management in Today's Law Firm – An Integrated Approach
Presented by: Beth Chiaiese, CRM, MLIS

Today's law firm is faced with many risk management challenges and requirements. This session will focus on the elements of an integrated risk management and compliance program for the modern firm. Attendees will learn about:

The legal and ethical bases for a law firm risk management program
Specific areas of risk management and compliance
The structure of an integrated program
The role of the law firm General Counsel and risk administrator
The intersection of policy, process, people and technology

Lateral Hires: Due Diligence, Conflicts, and Other Risk Management Concerns
Presented by: Thomas Paradise and Jenny Schwendemann

This session will review the lateral hire process as well as touch upon integration issues. Discussion will focus on the criteria needed for conducting trustworthy due diligence and what information must be provided to run conflicts for potential new business and ensure ethical conflicts are avoided.

Litigation Readiness: The Impact of the Records Management Program
Presented by: Bryan Foster and Betty McAlvany, CRM

Corporations are just beginning to navigate the often confusing waters of records management and litigation readiness. The complimentary and converging interests of the records management department and general counsel's office often uncover opportunities for improvement in identifying results during a litigation event which highlight exposure to increased costs and risk. Attendees will engage in a frank and open discussion regarding the pitfalls and opportunities possible during the design and implementation of a litigation readiness (records management) program. Attend this session to:

List advantages gained during discovery of a previously implemented records management program
List the key requirements of formulating an action and defense strategy for e-discovery
Understand the implications of a variety of analytical software to aid in the management of data and discovery of electronic information

1:00 p.m. – 2:45 p.m.
Information Governance: Element and Benefits
Presented by: Pam Downs and Stacey Fiorillo

Information Governance, from the corporate and legal perspectives, brings classification, direction, and order to the ever-increasing information chaos. Information Governance improves business agility, provides confidence that information used is accurate, authoritative, and reliable, allows trust that operational processes are defensible, and assures that courses-of-action are cost effective. Compliance with regulatory and legal requirements (e.g., state data privacy laws, HIPAA, litigation, Federal rules, etc.) is defensibly accomplished with minimal business interruption if there are policies, processes, defined legal holds and enforced standards. The convergence of systems, policies and processes has significant implications for all stakeholders – including business, IT, legal, compliance, and audit partners. Explore how information management policies and compliance assessments can be leveraged as significant risk avoidance mechanisms, especially in a litigious economic climate. Take the journey to look through the GRC (governance/regulatory/compliance) lens in an era of increasing regulation and compliance requirements to explore the elements, benefits and impact of Information Governance in today's business climate.

Automating New Matter Intake Workflow: Managing conflicts, Minimizing Risk
Moderated by: Bob Dolinsky
Panelists: Ann Ostrander and Jenny Schwendemann

New matter opening is an important client service, risk management and operations challenge. This session will focus on automating the new matter intake process and will address issues and challenges such as: assessing what attorneys don't like about the process, casting the right net for conflicts, managing and staffing new matter opening, ensuring that ethical walls are established, communicating with clients as well as internally, making the process efficient and how firms are successfully automating the process.

3:30 p.m. – 5:00 p.m.
Collaborate to Mitigate: Panel Discussion
Moderated by: David Cunningham
Panelists: Dave Rigali, Beth Chiaiese, John Isaza, Esq., and Richard Patterson

This session explores the roles, responsibilities, and collaborative working arrangements appropriate for the IT department and risk management department (or similar) in the governance, risk management and compliance activities relevant to legal environments. Join industry experts from varying perspectives as they weigh in with their experience and case studies. Relevant areas of risk management to be discussed include legal, strategic, IT, practice, financial, operational, and environmental risks.

Processing Departing Attorneys
Moderated by: Charlene Wacenske
Panelists: Thomas Paradise and Mary Pat Poteet

An associate finds an opportunity at another law firm. They make a phone call to IT declaring that they would like to take their e-mail with them. What do you do? What questions do you ask? Whose permission do you seek? What are the firms' protocols for this situation? Law firms have become transient and in the age of electronic "everything" the record keepers are left with the challenge of preserving what are necessary and purging what is not. Retention policies and legal holds only serve to complicate the issue and risk to the firm for mishandling things is no small quandary. Come listen to how our speakers' law firms are handling this challenge. Be prepared to participate with your comments and questions.

The Legal Case Against Creating Unnecessary Electronic Records
Presented by: Jon Neiditz

The cost of litigation continues to soar. Much of that expense occurs during discovery, and searches through e-mail are the major drivers of discovery-related expenses. Most e-mails, however, are transitory communications that are neither desirable nor necessary to keep. This session demonstrates why and how new communication technologies can reduce costs and risks to your organization, and explains how to implement these technologies in a manner that complies with law and protects against legal risks. Attend this session if you'd like to learn:

How e-mail and IM proliferate through organizations, and the costs and risks associated with the records they leave
Why it is perfectly legal to limit the creation of unnecessary electronic documents
How to reduce discovery expenses and devote more time to meaningful efforts
How to control electronic communications and collaboration in your company
To be aware of a practical and legal complement to e-mail that can reduce costs and risks

Friday, October 16, 2009

8:30 a.m. – 10:00 a.m.
Data Leakage Prevention (DLP): Don't Buy Into the Hype!
Presented by: Richard Patterson

Don't think of DLP as a product, but as a process. Many products that exist in your environment today are DLP tools. This session will help you identify the problem, and what tools and processes will best help you reduce your risk in the area of data leakage.

Internal E-Discovery Policy and Procedure
Moderated by: Mary Pat Poteet
Panelists: Ann Ostrander and Adam Hansen

Your firm has been sued. What happens next?

Clients face this situation and are counseled to have their information house in order, but when the tables are turned and your firm is at risk, are you prepared?

Now is the time to look at how your firm handles legal holds, subpoenas and destruction orders that directly impact your firm's data. This session will identify the roles IT and records in the process and help you review your firm policies and procedures. Learn which changes to consider making to your current processes based on best practices.

Join this panel of experts as they discuss the right answers to the questions when and if they're ever asked.

Information Risk Management for Legal Professionals: Are You Prepared for Increased Regulations and Litigation?
Presented by: Jason Robman

With more regulations and increased litigation having an immediate effect on law firms, corporate legal departments, and almost all businesses, everyone is struggling to reduce the risks and costs associated with electronically stored information (ESI). Vital information is scattered across organizational data sources, such as e-mail systems and archives; laptops; desktops; transactional systems and databases; document management systems; records management systems; and many more locations – all of which are potentially subject to investigations and litigation. If you are involved in risk management or compliance, are you able to timely respond to ESI requests from your in-house or outside counsel in an efficient, cost-effective manner?

New technologies and processes are being developed so organizations can effectively conduct a risk assessment of its ESI retention program, proactively prepare for litigation and investigations, and dramatically lower costs – all while actually improving the defensibility of its legal, compliance, and records management programs.This session will cover the following topics:

Is your company capturing and preserving all of its business records in a documented and defensible manner?
Current IT systems that were not designed for risk assessments, such as e-mail archives, are being utilized ineffectively. What alternatives are available to address the specific issues of e-mail?
What are the risks and challenges in regard to collecting and preserving data residing on highly mobile devices, such as laptops, external hard drives, and PDAs?
What are the risks associated with adopting a "preserve in place" policy?
How can emerging technologies combined with well designed processes better prepare your organization?

10:30 a.m. – Noon
7-Steps for Legal Holds of ESI and Other Documents
Presented by: John Isaza, Esq. and John Jablonski, Esq.

Based on their recently released ARMA International book of the same title, Isaza and Jablonski will walk the audience through the seven steps they have identified for effectively managing the legal hold process. The session will begin with an overview of spoliation and the importance of legal holds, followed by a detailed discussion of the Oversight Committee and the recommended criteria for this most important element of the legal hold process. At the conclusion of this session, participants will:

Identify trigger events for legal holds and potential spoliation
Identify the scope of what to put on hold
Enumerate and follow the 7 steps needed for effectively managing the legal hold process
Analyze the criteria needed to form the Legal Hold Oversight Committee

Retention and Best Practices for Emerging Communication Technologies
Presented by: Charlene Wacenske and Scott Christensen

E-mail. Instant messaging. Blogging. LinkedIn. Facebook. Twitter. What's next?

Evolving and emerging technologies constantly affect the way law firms communicate. Firms must stay apprised of the changing technology landscape by addressing new communication and retention challenges as a result of these new technologies. In this session, learn how these technologies are being applied to the law firm environment and gain insight to the best practices.

E-Discovery: Why Most Enterprise Implementations Fail to Make the Grade
Presented by: Kon Leong

As e-discovery shifts from reactive to proactive, the challenges multiply. Most e-discovery systems installed to date are inadequate to the task, broken by the sheer volume of data. To cope, vendors have tried to restrict e-discovery functions to match limited capabilities, e.g., doing custodian searches when a search across all mailboxes is required. However, such tactics lead to incomplete results, which could precipitate serious liability exposure, such as inadvertent waiver of privilege or inadequate early case assessment. This session lifts the hood on e-discovery, examines the inadequacies of the available solutions, and provides a list of hard questions to ask vendors to minimize risk of system failure. Attendees will:

Lift the hood on e-discovery
Examine the inadequacies of available solutions
Obtain a list of hard questions to ask vendors to minimize risk of system failure

Noon – 1:30 p.m.
Lunch & Learn: Future Trends in Risk Management
Sponsored by: CA

1:30 p.m. – 3:00 p.m.
Mitigating the Risks of Unified Communications
Presented by: Dave Rigali

Unified communications promises to pave the way for more collaborative business practices and greater productivity, it also promises to keep your General Counsel or Risk Management Director up at night. Real time communications like IM, VolP, web and audio conferencing made easily accessible bring with them inherent risks including security, compliance and e-discovery. Learn how early adopters are mitigating these risks and realizing the benefits of this new technology.

Business Impact Analysis Workshop
Presented by: Richard Patterson and Adam Hansen

You know you have lots of IT "stuff," but what do you really need to do protect as part of a DR/BC program? Few firms have a dedicated business continuity professional within their IS organization, yet the need is as crucial. This workshop will give you the tools, templates, links, and resources you need to get the job done, even if it isn't in your job description! You will have a "virtual briefcase" that will reduce the disaster risk in your firm, no matter its size or budget.

Reducing Costs with In-House E-Discovery
Presented by: James D. Shook, Esq., CIPP

Electronically stored information (ESI) is growing exponentially. Yet, it is time consuming and costly to identify and collect ESI for litigation, compliance, and investigations. Legal teams also need to conduct early case assessments, reduce legal review costs and mitigate the risk of fines and sanctions. To address the challenges of e-discovery, efficient, accurate, and repeatable processes must be put in place to automate the collection, preservation, processing, and review of ESI. This session will highlight the steps of the Electronic Discovery Reference Model (EDRM) and provide an understanding of how in-house solutions and repeatable processes can significantly reduce e-discovery costs and risk. Attend this session to learn how to:

Improve e-discovery effectiveness by producing relevant information quickly, accurately, and defensibly
Conduct early case assessment to determine case merit and effective legal strategies
Lower review costs dramatically by culling down result sets to only highly relevant data
Reduce outsourcing costs with in-house, automated, repeatable e-discovery processes

3:30 p.m. – 5:00 p.m.
Closing General Session

The Realities and Risks of Social Media
Presented by: Meredith Williams

Social media encompasses a broad sweep of online activity from present technology to blogs, wikis, networking, etc. In the legal environment, when used incorrectly or inappropriately social media can cause ethical issues. How do we manage our employees social media usage and prevent ethical violations? Do these types of technology simply create a new way of advertising? Or do they create an attorney/client relationship? These and other questions will be addressed in this session. In addition, you will receive sample checklists and templates to help in drafting social media guidelines for your organization.