Expand Your Ediscovery Knowledge

Wednesday, May 17, 2017

Keep yourself educated on the latest ediscovery topics and trends while earning NY CLE credits by participating in our upcoming Ediscovery Workshop. This 1-day course will highlight:

  • Ediscovery Program Management
  • Predictive Coding
  • New Case Law and Ethics
  • Data Protection
  • Mobile Device Forensics

Click here to see the agenda and speakers.

NY CLE Credits: 6.5 (1.0 Ethics & Professionalism; 5.5 Areas of Professional Practice)
Appropriate for newly admitted attorneys. Hardship policy available upon request.

Tuition: $395

We hope to see you there!

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Faculty Biographies

Ediscovery Workshop

Tom Barce
Tom Barce is the Director of Consulting Services for KrolLDiscovery. Tom brings 20 years of experience in directing and managing information governance, ediscovery and litigation support initiatives. He has extensive experience in helping corporations and law firms manage their data-driven risks and objectives by effectively leveraging their important information; responding to complex ediscovery demands in numerous litigation and regulatory matters; selecting and implementing strategic technology; leveraging analytics and predictive coding; coordinating discovery in multi-party litigation; evaluating and overseeing third party service providers; and conducting large and complex data migrations from disparate systems. He has assisted clients across a wide variety of industries both domestically and internationally, including communications, energy, entertainment, financial services, healthcare, insurance, manufacturing, pharmaceutical and technology. He is intimately familiar with all phases of the information governance and ediscovery lifecycles from content creation, use and storage, records retention and disposition, and identification of potentially relevant data; through data collection, analysis, processing, review, quality control and production. Prior to joining KrolLDiscovery, Tom was a Director for Navigant. He has also held positions on steering committees for the International Legal Technology Association (ILTA) and the East Coast Association of Litigation Support Managers (ECALSM).

Emily A. Cobb
Emily A. Cobb is a senior discovery attorney at Ropes & Gray, with expertise in ediscovery across numerous practice areas. Ms. Cobb also maintains an active pro bono practice and was awarded the Immigration Equality Safe Haven Award for excellence in pro bono representation. Ms. Cobb practiced in Washington, D.C. before joining Ropes & Gray, where her practice included mass tort litigation, multi-district litigations and additional commercial litigation in federal and state courts throughout the United States. Currently, Ms. Cobb concentrates on creating, monitoring and implementing best practices and strategies for ediscovery. Ms. Cobb works closely with Ropes & Gray’s ediscovery attorneys and Litigation Technology professionals to analyze metrics, workflows and new technologies to identify and implement opportunities for improving quality and efficiency in ediscovery. Ms. Cobb advises clients in the U.S., Europe, and Asia on a wide range of issues, such as information governance, document preservation, efficient approaches to leveraging document review technology, intellectual property discovery, forensic collections, cost-shifting, Technology Assisted Review, and cross-border discovery.

Emily R. Fedeles
Emily Fedeles maintains a general litigation practice with a focus on the areas of ediscovery, privacy and data protection, and complex commercial litigation. Prior to joining BakerHostetler, she worked for several years at a law firm in Geneva, Switzerland, where she developed a wealth of experience relating to cross-border ediscovery, Bring Your Own Device guidance and data privacy and security considerations. Emily's knowledge allows her to understand, adapt to and apply laws to better serve her clients in contexts ranging from litigation to regulatory inquiries to cross-border transactions.

Michele C.S. Lange
Michele Lange is the Director of Thought Leadership and Industry Relations for KrolLDiscovery. In this role, she regularly writes and speaks on topics related to ediscovery, computer forensics and technology’s role in the law. She is among the nation’s most knowledgeable experts in the industry. Most notably, she authored the American Bar Association book, titled “Electronic Evidence and Discovery: What Every Lawyer Should Know.” Further, her articles have appeared in the National Law Journal, New York Law Journal, Law.com and Digital Discovery & E-Evidence as well as numerous other publications. Ms. Lange is frequently called upon by journalists to comment on cutting-edge law and technology developments and she also routinely shares her expertise and knowledge as a guest speaker for legal associations, CLE programs and law school courses.

Ralph C. Losey
Ralph C. Losey is a Principal in the Orlando, Florida, office of Jackson Lewis P.C. He serves as the firm’s National Ediscovery Counsel in charge of ediscovery services and training. Mr. Losey also heads up the firm’s Litigation Support Department. Mr. Losey is a frequent speaker at ediscovery conferences worldwide and a leading contributor in the field of Artificial Intelligence Enhanced Document Review. His work focuses on the use of active machine learning to find evidence in Big Data for the resolution of legal disputes. Mr. Losey was lead technology counsel for the defense in the landmark decision by Judge Andrew Peck first approving the use of predictive coding, Da Silva Moore v. Publicis. Mr. Losey has written over two million words on law and technology subjects since 2006, including over sixty articles on predictive coding. In 2006, he started his well-known blog, e-DiscoveryTeam.com. Mr. Losey personally performs the predictive coding work for Jackson Lewis in multiple document review projects each year and supervises and consults in many others. In 2015, and again in 2016, Mr. Losey led a research team at the National Institute of Standards and Technology Text Retrieval Conference (TREC) where he participated in the Total Recall Track to demonstrate his Hybrid Multimodal method of predictive coding.

Melinda L. McLellan
Melinda McLellan works with clients to navigate complex privacy, cybersecurity and data management issues in a rapidly evolving regulatory environment. She counsels companies of all sizes across multiple industry sectors, helping them identify, evaluate and manage the myriad compliance obligations associated with corporate privacy and information security practices. Melinda regularly advises on the creation, development and implementation of global privacy and security policies, standards, procedures and guidelines, as well as company codes of conduct and employee privacy training programs. Attentive to her clients' business needs, Melinda's proactive approach favors pragmatic, forward-thinking compliance strategies that emphasize prevention and mitigation of privacy and data security risks.

Clifford E. Nichols
Clifford "Cliff" Nichols works in the Commercial Litigation department and the White Collar Defense and Internal Investigations practice group. He is Ediscovery Counsel and directs all electronic investigations. Cliff has significant and extensive experience representing financial institutions in connection with insider trading, fraud, SEC compliance and other wrongdoings. Cliff also designs and directs civil ediscovery and government subpoena responses for a wide range of clients including universities, hospitals, private equity firms and manufacturing. Cliff is an appointed Special Assistant Attorney General for a state government. A regular speaker at ediscovery conferences and events, Cliff is recognized as a leader in the cost-saving and efficient use of predictive coding and other types of Technology Assisted Review (TAR).

James A. Sherer
James Sherer is chair of the Information Governance practice team and serves as a member of the Ediscovery Advocacy and Management, and Privacy and Data Protection teams. His work focuses on litigation; discovery management processes; enterprise risk management; records and information governance; data privacy, security and bank secrecy; artificial intelligence; technology integration issues; and related merger and acquisition diligence. Prior to joining BakerHostetler, James worked as in-house litigator with a Fortune 500 company and previously practiced litigation in New York. He holds an M.B.A., his CIPP/US, CIPP/E, CIPM and FIP data privacy professional credentials, the CIP and IGP information governance designations, and the CEDS ediscovery specialist credential. James is also a member of The Sedona Conference® Working Groups One, Six and Eleven, and writes and presents on ediscovery, information governance, privacy, investigation and merger and acquisition issues.

Jim Sullivan
Jim Sullivan is a Senior Discovery Services Consultant for KrolLDiscovery. Mr. Sullivan provides support, consultation and development for ediscovery.com Review and Technology Assisted Review offered by KrolLDiscovery. Specifically, he advises clients on the utilization of TAR including automated workflow and machine-supervised learning designed to prioritize relevant material and classify unreviewed data. Prior to joining KrolLDiscovery, Mr. Sullivan spent two years in the field of ediscovery. Mr. Sullivan has his B.S. in Computer Science/Mathematics and received his J.D. from Hamline University School of Law. He is admitted to the Minnesota State Bar.

Josh Zylbershlag
Josh Zylbershlag is the Ediscovery Litigation Services Director at Paul, Weiss, Rifkind, Wharton & Garrison LLP. In this capacity he leads efforts to ensure the effective application of technology and case management in the ediscovery process. Prior to this role, he was the vice president of the Client Experience Team at Kroll Ontrack, heading Kroll Ontrack’s client services, operations innovation and service delivery. With over 18 years of legal technology and ediscovery experience, he has leveraged technology and process to manage ediscovery on numerous matters. He obtained his Master of Science degree in Information Systems Management from National University.

Erwin Risher
Erwin Risher is a Senior Computer Forensics Consultant within the consulting operations group at KrolLDiscovery. He is a technological professional with over 12 years of industry experience. Erwin has performed forensic analyses, data recoveries and collections, as well as generating expert reports and providing expert witness testimony for hundreds of cases and thousands of pieces of media. Erwin was an active duty U.S. Army soldier from November 1991 to February 2006, serving in the U.S. Army Criminal Investigation Command as a criminal investigator. He resigned from the military in February 2006 as a Chief Warrant Officer Three (3) to pursue a career in computer forensics. Erwin was a Computer Forensics Examiner for the U.S. Army Criminal Investigation Laboratory in Forest Park, GA, for over 10 years after his military resignation.

Ediscovery Workshop - Agenda

8:30 – 8:45

Registration & Light Breakfast

8:45 – 9:00

Welcome & Introduction

9:00 – 10:00

Case Law & Ethics in 2017: Interpreting the New FRCP
Throughout 2016 and into 2017, the judiciary has handed down several important opinions construing the new language of the Federal Rules of Civil Procedure (FRCP). This presentation will explore important developments in ediscovery, including ethical considerations, by examining recent opinions from the bench. From one of the first post-amendment opinions discussing proportionality, Carr v. State Farm, on December 7, 2015 to the professional responsibility “wake-up call” delivered by Judge Peck in Fischer v. Forrest in February 2017, you will be fully up-to-speed on pertinent case law across the country.

10:00 – 11:00

Wash, Rinse, Repeat: Ediscovery Program Management
Whether 10 minutes or 10 years ago, you will never forget your very first ediscovery project. Whether process and procedure were missing or your own experience base was still unformed, ediscovery is not for novices. Both law firms and corporations can benefit from managing ediscovery as a program so that the organization gains from appropriate security levels, standardized processes and workflows, and cost predictability and control. This session will focus on discovery process formation, implementation, documentation, and managed services.

11:00 – 11:15

Break

11:15 – 12:30

Level Up: Advanced Predictive Coding and Analytics
Are you ready to take a deeper dive into the significant issues associated with predictive coding? This session will focus on real-world, advanced tactics used when leveraging predictive coding and other search technologies to retrieve and categorize documents. The presenters for this session are predictive coding veterans discussing:

  • How to assess the needs of your case and use predictive coding metrics to get you where you need to go
  • What you need to understand about training and deploying reviewers when using predictive coding
  • Why learning methods, document training systems and sampling protocols are critical for an effective predictive coding process
  • Which metrics are best when evaluating predictive coding effectiveness: false and true positive/negative; recall, precision and f-measure
  • Accuracy

12:30 – 1:30

Lunch

1:30 – 2:45

Data Protection & Privacy: Preparing for the GDPR
With the advent of the EU-U.S. Privacy Shield and the EU’s General Data Protection Regulation (GDPR) coming into effect in May 2018, multinational companies must renew their focus on EU. data protection compliance to ensure preparedness. This session will cover all things data protection and privacy, addressing EU perspectives on personal data, requirements for securing data, cross-border data transfer mechanisms and the development of responsible records retention and disposal processes.

2:45 – 3:00

Break

3:00 – 4:00

Can You Hear Me Now? Everything You Need to Know About Mobile Device Forensics
Mobile devices are still uncharted territory for many legal and technology professionals working in law departments and law firms. This presentation will boost your understanding of how to leverage data from mobile devices in a forensically-sound manner. Questions that will be answered include: where can you find applicable data in a mobile device, what common challenges are associated with mobile forensics and how do mobile device investigations differ from computer investigations?

4:00 – 5:30

Networking & Cocktail Hour, Hosted by KrolLDiscovery